ApplicationHearing Date: May 2, 2017
File No.: H-2016-0042
Project Name: Maverik MDA
Request: Request for a modification to the development agreement to allow for a time extension of
three (3) months to obtain the necessary signatures on the development agreement, by
Maverik Inc.
Location: The site is located at 1515 E. Fairview Avenue on the south side of E. Fairview Avenue,
west of N. Locust Grove Road, in the NE 1/4 of Section 07, Township 3N., Range IE.
E—E1V
E IDIAN-
ty-
Planning Division
DEVELOPMENT REVIEW APPLICATION
04ie-' MU
STAFF USE ONLY:
Project name:
File number(s): —4y—.
Assigned Planner: _
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
Applicant Information
Applicant name: Maverik. Inc. (Todd Meyers) Phone: 801520-4027
Applicant address: 880 W. Center Street Email: todd.meyers@maverik.com
City: North Salt Lake State: UT Zip: 84054
Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned M Other Lease Option
Owner name: Russell S. Barger Phone:
Owner address: 8852 W. Clovis Drive Email:
City: Boise State: ID Zip: 83709
Agent/Contact name (e.g., architect, engineer, developer, representative): JoAnn C Butler
Firm name: Spink Butler LLP Phone: 208 388-1000
Agent address: 251 E. Front Street / PO Box 639 Email: �ibutlerasninkbutler.com
City: Boise State: ID Zip: 83701
Primary contact is: ❑ Applicant ❑ Owner ® Agent/Contact
Subject Property Information
Location/street address: SWC Fairview & Locust Grove Township, range, section: Sec 7 3N 1E
Assessor's parcel number(s): S1107110321 Total acreage: 3.877 Zoning district: C2 County)
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orglplanning
(Rev. 06/12/2014)
Project/subdivision name: Maverik Store
General description of proposed project/request: Modification of the deadline for execution and recording
of the development agreement associated with H-2016-0027.
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential ❑ Office ❑ Commercial ❑ 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-lA-1):
Acreage of qualified open space:
4 or more bedrooms:
Maximum building height: _
Average property size (s.f.):
- Net density (Per UDC 11-lA-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
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Print applicant name:
Applicant signature:.
Other lots:
Existing (if applicable):
Building height:
Number of compact spaces provided:
Date: 3/28/2017
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- (Rev. 0611212014)
SP 0�16� MBUTLER-i
ATTORNEYS AT L A W
JOANN C. BUTLER
208.388.1093
JBUTLER@SPI NKBUTLER.COM
Vin Hand Delivery and E -Mail obeach@meridiancihj.org)
March 28, 2017
Josh Beach
Associate City Planner
City of Meridian
33 East Broadway Avenue, Suite 102
Meridian, Idaho 83642
RE: Maverik, Inc./ Southwest Corner E. Fairview Avenue & Locust Grove Road/ Meridian
City File Nos. AZ -15-006 & H-2016-0027/ Modification of Development Agreement
SB File No. 23134.3
Dear Josh:
Our firm represents Maverik, Inc. (the "Applicant" or "Maverik") regarding this request to
modify the Development Agreement (the "Development Agreement") in connection with the
City of Meridians ("City") approval of annexation and zoning of the property legally described
and depicted in the enclosed Development Agreement (the "Property").
As you know, the Property is encumbered with certain billboard leases, the terms of which do
not end until 2027. During the Council's annexation and zoning deliberation, the Council
acknowledged its desire to see the billboards removed yet also acknowledged the long-term
nature of these leases. The Council adopted the Planning & Zoning Commission s
recommendation and conditioned the annexation such that the Applicant would coordinate
with City Staff on bonding for the removal of the billboards once the lease terms expired.
Following the Council's approval, the Applicant worked diligently in an effort to obtain an
agreement between the billboard lessee and the lessor that would have given both the City and
the Applicant third -party beneficiary status to give either the City or the Applicant the ability to
remove the billboards at the termination of the leases.
The Applicant was not able to accomplish this task with the billboard lessee. The Applicant did
receive a letter from the billboard lessee stating that, per the terms of the leases, the lessee
would remove the billboard structures when the leases ended. This did not give the City the
comfort that it required that the billboards would be removed. Accordingly, as an alternative,
MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER
251 E FRONT ST • SUITE 200 - PO BOX 639 - BOISE, IDAHO 83701 - 208.388.1000 - FAX 208.388.1001 - SPINKBUTLER.COM
Josh Beach
March 28, 2017
Associate City Planner
City of Meridian
Page 2
the Applicant, working with your office, developed a surety agreement between the Applicant
and the City that will ensure funds are available to remove the billboards when the billboard
leases end.
Although the Applicant was diligent in its efforts, the time-consuming negotiations with the
billboard lessee caused the Applicant to run past the six-month time period set by the City for
the Applicant to execute the Development Agreement. We trust the City appreciates the
Applicant's efforts.
With this letter, we request modification of the Development Agreement to extend the time
period for execution of the Development Agreement. The Applicant is ready, willing and able
to execute the Development Agreement as soon as the City approves the draft of the
Development Agreement.
In addition to the enclosed Development Agreement, application form, and a check for the
required fee ($502.00), as required by the City's Development Agreement Modification
Application Checklist, the following items are also enclosed with this letter. Please note that
these items were previously provided to the City in connection with City File No. H-2016-0027:
a. Recorded deed for the subject property
b. Affidavit of Legal Interest signed and notarized by the property owner
C. Scaled vicinity map showing the location of the subject property
d. Pre -application meeting notes
e. Neighborhood meeting sign -in sheet
f. Commitment of Property Posting
g. Written confirmation of parcel verification from Community Development
If you should have any questions after your review of the enclosed documents, please do not
hesitate to contact me.
Sincerely,
JoAnn C. Butler
cc: M. Thomas Schofield
Bill Nary, City Attorney
Recording Requested By and
When Recorded Return to:
City of Meridian
33 E. Broadway
Meridian, Idaho 83642
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Russell S. Barger, Owner
3. Maverik, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this_ day
of , 2017, by and between City of Meridian, a municipal corporation of the State of
Idaho, hereafter called "City" whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and
Russell S. Barger, whose address is 8852 W. Clovis Drive, Boise, Idaho 83709, hereinafter called
"Owner" and Maverik, Inc., a Utah corporation, whose address is 880 W. Center Street, North Salt Lake,
Utah 84054, hereinafter called "Developer."
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a certain tract of land in the County
of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as
a condition of zoning that the Owners and/or Developer make a written commitment concerning
the use or development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the
Unified Development Code ("UDC"), which authorizes development agreements upon the
annexation and/or re -zoning of land; and
1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation of
approximately 3.877 acres of land from the C2 zoning district in Ada County to the C -G (General
Commercial) zoning district (as described in Exhibit A), under the UDC, which generally
describes how the Property will be developed and what improvements will be made; and
1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before
the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the
Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property
held before the Planning & Zoning Commission, and subsequently before the City Council,
includes responses of government subdivisions providing services within the City of Meridian
planning jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 21St day of June, 2016, the Meridian City Council approved certain Findings
of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been
incorporated into this Agreement and attached as Exhibit B; and
1.8 WHEREAS, the Findings require the Owner and/or Developer to enter into a development
agreement before the City Council takes final action on the final plat; and
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1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this
Agreement and acknowledge that this Agreement was entered into voluntarily and at its urging
and request; and
1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement
for the purpose of ensuring that the Property is developed and the subsequent use of the
Property is in accordance with the terms and conditions of this Agreement, herein being
established as a result of evidence received by the City in the proceedings for zoning
designation from government subdivisions providing services within the planning jurisdiction and
from affected property owners and to ensure zoning designation are in accordance with the
amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784,
and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the
parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are
incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein
contained in this section shall be defined and interpreted as herein provided for, unless the clear
context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal
Corporation and government subdivision of the State of Idaho, organized and existing by virtue
of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho
83642.
3.2 OWNER: means and refers to Russell S. Barger, whose address is 8852 W. Clovis Drive,
Boise, Idaho 83709, the party that owns said Property and shall include any subsequent
owner(s) of the Property.
3.3 DEVELOPER: means and refers to Maverik, Inc., whose address is 185 S. State Street, Suite
800, Salt Lake City, Utah 84111, the party that is developing approximately 1.72 acres of the
northern portion of said Property and shall include any subsequent developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of
Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned General
Commercial District (C -G) and attached hereto and by this reference incorporated herein as if
set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the
Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner and/or Developer shall develop the Property in accordance with the following special
conditions:
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a. Future development of the site shall be consistent with the design standards listed in UDC
11-3A-19 and the guidelines in the Architectural Standards Manual
Prior to the Planning and Zoning Commission hearing, the applicant submitted a revised
concept plan that incorporates ACHD ROW for the intersection improvements, the 25 -foot
wide landscape buffers on Fairview Ave. and Locust Grove Road, the irrigation easement
on the south boundary and the required landscape buffer, and a 5 -foot wide detached
sidewalk on Locust Grove Road.
C. The junkyard use, fencing and the billboard nearest the corner shall be removed or cease
within 60 days of annexation into the City.
d. A minimum 25 -foot wide street buffer shall be constructed along the entire frontage of the
site along E. Fairview Avenue and N. Locust Grove Road in accord with UDC 11-313-7C.
Construct a minimum of a 25 -foot wide landscape buffer abutting the residential property to
the south in accord with UDC 11-313-9C. All landscape and frontage improvement
associated with the site including the landscape buffers and sidewalks shall be constructed
with the first phase of development.
e. The applicant shall construct a 5 -foot wide detached sidewalk on N. Locust Grove Road.
f. The applicant shall provide cross -access to 1375 E. Fairview Avenue (parcel #
R4239560010) and to the southern portion of the subject property; the cross -access
agreement shall be recorded prior to submitting an application for Certificate of Zoning
Compliance and Design Review.
g. Any future development of the site must comply with the City of Meridian ordinances in
effect at the time of development.
h. The applicant shall complete phase 1 and phase 2 environmental assessments in accord
with DEQ standards prior to submitting a Certificate of Zoning Compliance Application.
i. The applicant shall extend sewer and water to the site with the development of the property.
j. No direct access to E. Fairview Avenue shall be permitted.
k. The applicant is required to submit a Certificate of Zoning Compliance and Administrative
Design Review Application for approval of the proposed use and site layout from the
Planning Division prior to applying for a building permit application.
I. Coordinate with City Staff on bonding for the removal of the billboards once the lease term
is expired.
m. Include the terms of the billboard leases as an exhibit in the development agreement.
5.2 The Property is encumbered by certain billboard leases, which leases are attached as Exhibit C
to this Agreement. The lessor and lessee of such billboard leases have provided written
confirmation that: (1) the billboard leases terminate at the end of September, 2027; and (2) the
lessee under the billboard leases will "remove everything above ground level of said billboard
structures within 30 days of the Lease(s) ending." A copy of the foregoing written confirmation is
attached as Exhibit D to this Agreement. To ensure such billboard structures will be removed,
concurrently with the complete execution of this Agreement, Developer shall enter into a surety
agreement, substantially similar in form to the Surety Agreement attached as Exhibit E to this
Agreement.
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6. COMPLIANCE PERIOD: Developer requested that City modify this Agreement specifically to modify
City's requirement that the Agreement be fully executed within six (6) months after the date of the
Findings for the annexation and zoning. Such modification request was granted by Meridian City
Council on 2017.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions
included in this Agreement shall constitute default under this Agreement.
7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,
Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to
initiate commencement of action to correct the breach and cure the default, which action must be
prosecuted with diligence and completed within one hundred eighty (180) days; provided,
however, that in the case of any such default that cannot with diligence be cured within such one
hundred eighty (180) day period, then the time allowed to cure such failure may be extended for
such period as may be necessary to complete the curing of the same with diligence and
continuity.
7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as
described in Section 7.2, Owners and/or Developer shall be deemed to have consented to
modification of this Agreement and de -annexation and reversal of the zoning designations
described herein, solely against the offending portion of Property and upon City's compliance
with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code
§§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a
default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in
Ada County by either City or Owner and/or Developer, or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed hereunder by either
Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of
the party responsible for such performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the
covenants or conditions hereof shall apply solely to the default and defaults waived and shall
neither bar any other rights or remedies of City nor apply to any subsequent default of any such
or other covenants and conditions.
8. INSPECTION: Owner and/or Developer shall, immediately upon completion of any portion or the
entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the
Exhibits, and submit proof of such recording to Owner and/or Developer, prior to the third reading of
the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If
for any reason after such recordation, the City Council fails to adopt the ordinance in connection with
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the annexation and zoning of the Property contemplated hereby, the City shall execute and record an
appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding
ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,
cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the
installation of required improvements, which the Owner and/or Developer agree to provide, if required
by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the City, or sufficient
surety of performance is provided by Owner and/or Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed
delivered if and when personally delivered or three (3) days after deposit in the United States Mail,
registered or certified mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER:
Russell S. Barger
8852 W. Clovis Drive
Boise, ID 83709
With copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Maverik, Inc.
185 S. State Street, Suite 800
Salt Lake City, UT 84111
With a copy to:
JoAnn C. Butler
Spink Butler, LLP
251 E. Front Street
Boise, ID 83702
A party shall have the right to change its address by delivering to the other party a written
notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to
court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the
essence with respect to each and every term, condition and provision hereof, and that the failure to
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timely perform any of the obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of
the parties' respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This Agreement shall be binding on the Owner
and/or Developer, each subsequent owner and any other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except
that any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein expressed. City
agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity
thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act
reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding
instituted by any third party (including a governmental entity or official) challenging the validity of any
provision in this Agreement, the parties agree to cooperate in defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition
and understandings between Owner and/or Developer and City relative to the subject matter hereof,
and there are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between Owner and/or Developer and City, other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property
herein provided for can be modified or amended without the approval of the City Council after
the City has conducted public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian
City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the Property, and execution by the Mayor and City Clerk.
[End of text; signatures, acknowledgements, and Exhibits follow.]
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective
as hereinabove provided.
OWNER:
Russell S. Barger
DEVELOPER:
Maverik, Inc., a Utah corporation
LIM
Printed Name:
Its:
CITY OF MERIDIAN
By:
Mayor Tammy de Weerd
ATTEST:
C. Jay Coles, City Clerk
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STATE OF IDAHO )
ss:
County of Ada )
On this day of , 2017, before me, the undersigned, a Notary Public in and for
said State, personally appeared Russell S. Barger, known or identified to me to be the person who signed
above, and acknowledged to me that he 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.
(SEAL)
STATE OF
: ss:
County of
Notary Public for
Residing at:
My Commission Expires:
On this day of , 2017, before me, the undersigned, a Notary Public in and for
said State, personally appeared , known or identified to me to be
the of Maverik, Inc., and acknowledged to me that he executed the same on
behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
ss
County of Ada )
Notary Public for
Residing at:
My Commission Expires:
On this day of , 2017, before me, a Notary Public, personally
appeared Tammy de Weerd and C. Jay Coles, know or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City 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.
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires: _
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
4&Reeve
& Associates, Inc.
3-27-17
MERIDIAN, IDAHO
LEGAL DESCRIPTION
PART OF NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, U.S. SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE
ROAD, SAID POINT BEING SOUTH 60.20 FEET AND WEST 48.00 FEET FROM THE
NORTHEAST CORNER OF SAID SECTION 7; THENCE ALONG THE WESTERLY RIGHT OF
WAY LINE OF LOCUST GROVE ROAD THE FOLLOWING (2) TWO COURSES: (1) SOUTH
240.79 FEET AND (2) THENCE S00°38'30"E 443.33 FEET; THENCE N37°48'51"W 312.79 FEET;
THENCE N55047'51"W 117.23 FEET; THENCE S84017'21"W 48.98 FEET; THENCE N00°00'15"E
326.80 FEET; THENCE N21156'21"E 80.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
FAIRVIEW AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE
FOLLOWING TWO (2) COURSES: (1) N89034'29"E 28.09 FEET AND (2) S88146'30"E 253.48 FEET;
THENCE S46°17'39"E 29.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 168,903 SQUARE FEET OR 3.877 ACRES
Solutions You Can Build OnTM
Civil Engineering • Land Planning • Structural Engineering • Landscape Architecture • Land Surveying • Construction Surveying
5160 South 1500 West • Riverdale, Utah 84405. Tel: 801-621-3100 • Fam 801-621-2666
ogden@reeve-assoc.com • reeve-assoc.com
EXHIBIT A -1
NORTH QUARTER CORNER
OF SECTION 7, TOWNSHIP
3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, U.S.
SURVEY, FOUND BRASS
CAP MONUMENT
4
=N
EXHIBIT A - 2
EXHIBIT
EXHIBIT MAP TO ACCOMPANY LEGAL DESCRIPTION
ANNEXATION AREA
MERIDIAN, IDAHO
NORTHEAST CORNER OF
SECTION 7, TOWNSHIP 3
N89'53'5414 2841.07'
NORTH, RANGE 1 EAST,
_ _ _ _
BOISE MERIDIAN, U.S.
FAIRVIEW AVENUE
SURVEY, FOUND BRASS
CAP MONUMENT
SCALE 1"=100'
®" Reeve
Associates, Inc.
5180 MM 1500 WEST
RN80t&
1UBM21Ii 3 M
FAY: TIL
B01 621-2868
M �: CIL 11111111!
UDS 11110��
>AL71wL M • m0II[NO�I
Maverik, Inc.
Meridian, Idaho
EXHIBIT B
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
CITY OF MERIDIAN E IDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 3.907 Acres of Land with a C -G Zoning
District, for the Property Located at the southwest corner of E. Fairview Ave. and N. Locust Grove
Roads in the NE '/4 of Section 7, Township 3N., Range IE., by Maverik, Inc.
Case No(s). AZ -15-006
For the City Council Hearing Date of: June 7, 2016 (Findings on June 21, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 7, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAV AND DECISION &s ORDER
CASE NO(S). H-2016-0027
—1—
EXHIBIT B -1
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 7, 2016, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 1 I -5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby conditionally approved per the
conditions of approval in the attached Staff Report for the hearing date of June 7, 2016,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC I 1-513-3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 1 I -513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
Attached: Staff Report for the hearing date of June 7, 2016
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). H-2016-0027
-2-
EXHIBIT B - 2
n S�
By action of the City Council at its regular meeting held on the day of Vf k - In e,
2016.
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED eS
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED e
COUNCIL MEMBER TY PALMER VOTED-- T
COUNCIL MEMBER LUKE CAVENER VOTEDN,
COUNCIL MEMBER GENESIS MILAM VOTED abs er�
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)'
Mayor Tam e Weerd
Attest:
t�
(7(Y o/ o
QTr._ w
Jacylloneg `SQA
City Cleric �A L
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By: Dated: ip Ick ( le
City Cler s Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S), H-2016-0027
-3-
EXHIBIT B - 3
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
Exhibit A
June 7, 2016
(Continued from May 3 and May 17, 2016)
C/"WENty
Mayor and City Council
Josh Beach, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
Maverik — AZ (H-2016-0027)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Maverik, Inc. has submitted an application for annexation and zoning (AZ) of 3.907
acres of land with a C -G zoning district.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on April 7, 2016. At the public
hearing the Commission moved to recommend approval of the subject AZ request to City
Council.
a. Summary of Commission Public Hearing:
i. In favor: Todd Meyers
ii. In opposition: None
in. Commenting: David Gronbeck
iv. Written testimonv: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Kev issue(s) of Public Testimony:
i. None
R. Key Issues of Discussion by Commission:
i. The number of access points on Locust Grove
ii. Timing of removal of the billboards
in. Mechanism for the city to track the removal of the billboards if the property is annexed
with them
iv. Possibility of requiring the applicant to bond for the removal of the signs so tht there is
more of an incentive to remove them once the leases are up.
v. When would the landscaping for he southern portion of the property be installed if only
the northern portion of locust grove and Fairview's landscape buffer is installed now?
d. Commission Change(s) to Staff Recommendation:
i. Modify condition 1.1.11? (See condition 1.1.1E for changes)
ii. Add condition LIAL (See condition LIAM for changes)
in. Modify condition I.l.IC (See condition I.1.1C for changes)
iv. Remove condition 1.1.1J
v. Add condition IAAM (See condition LIAM for changes)
e. Outstanding Issue(s) for City Council:
Maverik — AZ H-2016-0027 PAGE I
EXHIBIT B - 4
Exhibit A
I. None
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-
0027 as presented in staff report for the hearing date of May 3, 2016 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0027
as presented in staff report for the hearing date of May 3, 2016 for the following reasons: (You should
state specific reason(s) for denial.)
Continuance
I move to continue File Numbers H-2016-0027 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 1515 E. Fairview Ave. (Parcel # S1107110321)
The site is located at the southwest comer of E. Fairview Avenue and N. Locust Grove Road, in
the NE '/4 of Section 7, Township 3N., Range 1 E.
b. Applicant:
Maverik, Inc.
880 W. Center Street
North Salt Lake, UT 84054
c. Owner:
Russel S. Barger
8852 W. Clovis Drive
Boise, ID 83709
d. Representative:
Nate Reeve, Reeve and Associates, Inc.
920 Chambers
Ogden, UT 84403
e. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject application is for annexation & zoning. A public hearing is required before the
Planning and Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
b. Newspaper notifications published on: March 21, 2015 and April 4, 2016 (Commission) April it 11
and April 25 2016 (City Council)
c. Radius notices mailed to properties within 300 feet on: March 14, 2016 (Commission) April 8,
2016 (City Council)
d. Applicant posted notice on site by: March 28, 2016 (Commission) April 21 2016 (City Council)
Maverik — AZ H-2016-0027 PAGE 2
EXHIBIT B - 5
Exhibit A
6. LAND USE
a. Existing Land Use(s): The subject property consists of commercial land that is currently
developed as a junk yard; zoned C2 in Ada County.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning:
1. North: E. Fairview Avenue and commercial property zoned C -G
2. East: N. Locust Grove Road, commercial property and vacant property, zoned C -G and
RUT in Ada County
3. South: Single-family residential homes in the Keziah Subdivision, zoned R-40
4. West: Developed commercial property, zoned C -G
c. History of Previous Actions: None
d. Utilities:
1. Public Works:
Location of sewer: A sanitary sewer main intended to provide service to the overall subject
parcel currently exists at the right of way line of the north driveway approach on N. Locust
Grove Road.
Location of water: Water mains intended to provide service to the overall subject parcel
currently exist at the right of way line of the north and south driveway approaches on N.
Locust Grove Road.
Issues or concerns: Applicant shall be required to extend a sanitary sewer main in the
driveway from the north driveway approach to the south to provide service to the future
development on the south side of the overall parcel.
e. Physical Features:
1. Canals/Ditches Irrigation: The Settlers Canal was tiled as part of the Locust Grove Place
Subdivision (PP -02-026). The Jackson Drain, adjacent to the southern boundary will remain
open.
2. Hazards: Staff is unaware of any known hazards on the property. The junk yard has existed
on the property for quite some time, and staff has consulted with DEQ regarding remediation
of the site per their standards (See analysis below for more information).
3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The
purpose of this designation is to provide a full range of commercial and retail to serve area residents
and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as
well as appropriate public uses such as government offices. Within this land use category, specific
zones may be created to focus commercial activities unique to their locations. These zones may
include neighborhood commercial uses focusing on specialized service for residential areas adjacent
to that zone.
The applicant proposes to annex the site with a C -G zoning district which is an appropriate zoning
district for a "COMMERCIAL" FLUM designation. The site is proposed to develop with a
convenience store/fuel sales facility on the north end, and an undetermined commercial use on the
south end of the parcel. Staff finds the requested zoning district and future uses of the site are
consistent with the Commercial FLUM designation.
Maverik — AZ H-2016-0027 PAGE 3
EXHIBIT B - 6
Exhibit A
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics):
"Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
The applicant is required to provide street buffer landscaping along E. Fairview Ave and
along N. Locust Grove Road. The applicant is also responsible for installing internal parking
lot landscaping in accord with the standards set forth in UDC 11-3B.
"Require appropriate landscaping and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (3.06.02F)
The subject property abuts E. Fairview Ave on the north and N. Locust Grove Road on the
east. These roads are both classified as arterial roadways and require a 25_foot landscape
bu&r. These buffers nuist be landscaped in accord with the standards listed in UDC 11 -3B -
7C.
"Plan for a variety of commercial and retail opportunities within the Impact Area." (3.05.0 1J)
The proposed convenience store and fuel sales facilih, will contribute to the variety of uses in
the southern part of the city and will provide a needed ser vice fo• nearby residents.
"Reduce the number of existing access points onto arterial streets by using methods such as
cross -access agreements, access management, and frontage/backage roads." (3.03.02N)
The subject property citrrenth, has an access to E. Fairview Ave. and two (2) accesses to N
Locust Grove Road. With the subject application, the applicant is proposing to utilize the
existing cross access with the property to west for the access to Fairview Ave and maintain
the existing right in, right out access onto N. Locust Grove as well as onefill ill access. ACHD
has indicated support of a f ill -access driveway onto N. Locust Grove; however, staff does not
support this request. The applicant will need to seek the approval from City Council for the
fudl access to Locust Grove Road in accord with UDC 11-3A-3.
"Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.0 IF)
City sewer and water services are available to be extended to the subject property with
development of the site.
"Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
Staffbelieves the proposed convenience store/fntel sales facility are a compatible to
residential uses within the area, specifically those to the south in the Keziah Subdivision.
There is an open irrigation drain (Jackson Drain) along the southern boundary of the
property, as well as a multi -use pathway and landscape buffer that was installed as part of
the Keziah Subdivision (PP -02-026). The width of the landscape buffer ranges fr•onr
approximately 100 feet in width to approximately 40 feet in width. Per the UDC, the
applicant is responsible to construct a 25.foot landscape buffer along the south boundary of
the properh. The landscape buffer must be constructed with the first phase of the
development.
Maverik — AZ H-2016-0027
EXHIBIT B - 7
PAGE
Exhibit A
"Require all new and reconstructed parking lots to provide landscaping in internal islands and
along streets." (3.01.01 G)
Planter islands are proposed ivilhirn the parking areas and twill be landscaped in accord with
the standards listed in UDC 11 -3B -8C.
Evaluate development proposals based on physical, social, economic, environmental, and
aesthetic criteria.
The subject property is currently developed uwith a junk yard. Staff has concerns related to the
potential for contaminants in the soil of the subject property, due to its current use. Staff has
consulted uvitt the Deparlment of Environmental Quality (DEQ), there have been no
violations on this property. DEQ has indicated that there were specific procedures to test the
soil for contaminants, as well as specific procedures for remediating any contaminants that
may be fond. A reconmended provision of the development agreement requires the
applicant to coordinate with DEQ and rentediate the site in accord with their standards.
"Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not
of concern." (5.01.01 D)
The size of the drain and the vohnne of water do not present a public safeh) concern in this
case. The southern side of the drain contains a pathway and open space that was provided
with the Keziah subdivision. Further, the Jackson Drain is protected waterway and should
remain so with the development of this site.
"Pursue sidewalk construction for existing substandard streets." (3.03.02D)
Currently,, the Fairview frontage is lacking the required detached 5-1oot wide sidewalk.
ACRD Inas a sidewalk project planned for this segment of Fairview Ave this year. Per ACRD
if the sidewalk: project is awarded to a contractor prior to development of this site, the
applicant will not be responsible for the construction of the sidewalk. However, if a CZC is
submitted prior to the contract being awarded, the developer is responsible for the
construction in its ultimate location as determined by ACHD.
"Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future
infi•astructure plans, transportation corridors, highway alignments, etc. and allow only
compatible adjacent land uses, appropriate site designs and traffic patterns." (3.06.02H)
In coordination with ACHD, additional right -of --way iwi// be required along E. Fairview and
N. Locust Grove to accommodate fiatire widening of the intersection. The need for additional
right-ol=way f oin this parcel uuty affect the location ofthe cross -access to the western
parcel, and the installation of'the 25 feet of landscaping adjacent to E. Fairvieiw Avenue and
N. Locust Grove Road. Staff recommends a revised site plan prior to the Planning and
Zoning Commission hearing to ensure that these requirennents are met.
Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and
the surrounding uses based on the analysis above if the developed in accord with the conditions of
approval in this report.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
Maverik — AZ H-2016-0027 PAGE 5
EXHIBIT B - 8
Exhibit A
proximity to streets and highways. Allowed uses in the C -G district are of the largest scale and
broadest mix of retail, office, service, and light industrial uses of the commercial districts with
access to arterial or collector streets.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the C -G zoning district. The proposed fuel sales facility is
listed as a principally permitted use in the C -G district, subject to the specific use standards set
forth in UDC 11-4-3-20.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC Table 11-213-3 for the proposed C -G zoning district.
D. Landscaping: Landscaping is required to be installed on the site in accord with the parking lot
standards listed in UDC 11-313-8C, street buffer standards listed in UDC 11-313-7C in accord with
UDC Table 11-2B-3.
E. Off -Street Parking: UDC 11-3C-613 requires 1 space for every 500 square feet of gross floor area.
F. Self -Service Uses: UDC 11-3A-16 lists the specific requirements for self service uses (see
section 9 below for further analysis).
G. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC I 1-3A-19 and the guidelines listed in the Architectural Standards
Manual.
9. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
Annexation and Zoning: The applicant has applied to annex and zone a total of 3.907 acres of
land with a C -G zoning district. As discussed above in Section VII, the proposed zoning is
generally consistent with the corresponding FLUM designation of Commercial.
The applicant proposes to develop a convenience store and fuel sales facility and future
commercial building on the site, as shown in Exhibit A.2.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this
application and to remediate the non -conforming uses and environmental concerns, staff
recommends a DA as a provision of annexation with the conditions included in Exhibit B.
Concept Plan: A concept plan is included in Exhibit A.2 that shows how the site is proposed to
develop with two (2) commercial buildings (5,046 sq. ft. and 4,339 sq. ft.) convenience store, fuel
sales facility and associated parking. The south half of the development is slated for future
development and the proposed concept plan is only a graphic representation for the how the site
could develop in conjunction with the Maverik store. The design of the site must comply with the
design review standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian
Design Manual.
Fuel Sales Facilities: The specific use standards for the fuel sales facility listed in UDC 11-4-3-
20 apply to development of this site as follows:
A. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy
more than twenty five percent (25%) of the subject property.
Maverik — AZ H-2016-0027 PAGE 6
EXHIBIT B - 9
Exhibit A
The applicant must comply with this requirement.
B. The total height of any overhead canopy or weather protection device shall not exceed
twenty feet (20').
The applicant nnrst comply with this requirement.
C. Vehicle stacking lanes shall be available on the property but outside the fueling areas.
Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of
way by patrons. Such stacking lanes shall be separate from areas required for access and
parking. The stacking lanes shall not be located within ten feet (10') of any abutting
residential districts.
The applicant must comply with this requirement.
D. If the use is unattended, the standards in accord with section 11-3A-16 of this title shall
also apply.
Not Applicable, the facility will be a 2417 operation. Note: If 24 hour operations is
desired.for this site the applicant must obtain conditional use permit approval far the
extended hours of operation as noted below.
Hours of Operation: In accord with UDC 11-2B-3, business hours of operation within the C -G
zoning district are limited from 6 am to 11 pm when the property abuts a residential use or
district. Because a residential use abuts the site at the south boundary, business hours are limited
to those stated. Extended hours of operation may be requested through a CUP. The application
does indicate the intent of the applicant is to have a 24 hour use however, a concurrent CUP
application was not submitted with the subject annexation request.
Nonconformities associated with the site:
Billboards: Currently, the site is developed with four (4) billboards signs (off premise
signs) approved in the County. Under the City's ordinance this signs are prohibited and
deemed illegal and must be removed within 60 days of annexation into the City. The
applicant has requested that Council allow three (3) of the existing billboards to remain
on the site to carry out the remainder of the existing lease, which is eleven (11) years.
Vehicle Wrecking or Junk Yard: The junk yard use is a prohibited use in the C -G zoning
district. Staff recommends that this use cease within 60 days of annexation into the City.
Fencing: The site is currently surrounded by steel fencing. This material is not allowed to
be used as fencing material per UDC 11-3A-7 and must be removed within 60 days of
annexation into the City.
Landscaping: Currently, the site does not meet the landscape standards set forth in UDC
I 1-3B. Because this property is slated for redevelopment, any new development proposed
for the site must comply with all of these standards. Because this property is a single parcel,
the applicant will be responsible installing the entire perimeter landscaping (e.g. 25 -foot
wide landscape buffers along Fairview Ave., N. Locust Grove Road and the southern
boundary) with the first phase of development.
Landscaping: A landscape plan was not submitted as part of this application, however; all
landscaping should comply with the standards listed in UDC 11-3B.
A 25 -foot wide street buffer is required along N. Locust Grove Road and E. Fairview Avenue
which are both considered arterial roads, as well as along the southern boundary adjacent to the
Maverik — AZ H-2016-0027 PAGE 7
EXHIBIT B -10
Exhibit A
R-40 zoning district to the south (Keziah Subdivision). All landscape buffers are required to be
landscaped in accordance with UDC 1 I -313-7C.
If desired, the applicant can request Council waiver to reduce the 25 foot landscape buffer
along the south. At this time, the applicant has not asked for a reduced buffer. Due to the
existing waterway along the south boundary there is a good chance that there is an existing
irrigation easement along said boundary. Code allows a 5 -foot wide landscape buffer width
outside of the easement where the buffer is encumbered by easements or other restrictions.
Prior to the Commission hearing the applicant should submit a revised site plan that depicts
the location of the irrigation's districts easement on the south boundary.
Environmental Concerns: The DEQ is the department of the Idaho state government
responsible for administration of state and federal environmental laws and regulations, including
those related to air and water quality. DEQ does not regulate vehicle wrecking and salvage yards,
however; they do investigate petroleum spills. According to an email response to a public records
request from DEQ, there have been no violations on the property.
Due to the length of time that the vehicle wrecking and junk yard use has been in place on the
site, staff is concerned with the environmental quality of the site. Staff recommends that phase 1
and phase 2 environmental assessments be performed on the site to ensure that there are no
contaminants on the site. If contaminants are found, the applicant should work with the applicable
federal and state agencies to remediate the site to the applicable standards prior to submitting a
certificate of zoning compliance (CZC) application.
Access: The property currently takes access from two (2) existing access points onto N. Locust
Grove Road and one (1) onto E. Fairview Avenue. Staff supports of the applicant's request to
have one right -in, right -out access to N. Locust Grove in alignment with E. Wilson Lane.
With development of the property, the applicant proposes to utilize the existing cross access
driveway to the west constructed with the Intermountain Outdoor Subdivision (PP -07-003), and
will utilize a shared driveway with 1375 E. Fairview, AVE. No direct access to E. Fairview with
the redevelopment of the site.
The UDC restricts direct access to arterial roadways such as N. Locust Grove and E. Fairview
Avenue. ACHD supports the two (2) proposed accesses onto N. Locust Grove Road. Staff does
not support the full -access driveway proposed by the applicant, but does support the applicant's
proposal to have one right-in/right-out access. UDC 11-3A-3 requires the applicant to seek
Council's approval of the other access to Locust Grove Road.
ACRD Comments: Fairview Avenue is scheduled in the IFYWP to be improved with curb,
gutter and sidewalk between E. 3rd Street and Locust Grove Road in 2016.
Fairview Avenue is listed in the CIP to be widened to 7 -lanes from Meridian Road to Locust
Grove Road between 2017 and 2021.
The applicant should be required to dedicate right-of-way to total 74 -feet from centerline of
Fairview Avenue to accommodate future widening (approximately 16 -feet additional at the
west end, and 13 -feet additional at the east end). This segment of Fairview Avenue is in the
CIP, as is the Fairview/Locust Grove intersection, so the applicant will be compensated for right-
of-way dedication.
The applicant would typically be required to construct a sidewalk on Fairview Avenue. However,
if the planned ACHD pedestrian improvement project on Fairview Avenue has been awarded to a
contractor prior to submittal of the CZC application then the applicant is not responsible for
sidewalk improvements. If the ACHD project has not been awarded, then the applicant will be
Maverik — AZ H-2016-0027 PAGE 8
EXHIBIT B -11
Exhibit A
required to construct the sidewalk in its ultimate location, or provide a road trust to ACHD for the
cost of the improvements.
The applicant should be required to dedicate additional 11 -feet of right-of-way on Locust
Grove Road for the Fairview/Locust Grove intersection project. This intersection is in the
CIP, so the applicant will be compensated for right-of-way dedication. The applicant should also
provide adequate right-of-way at the corner of the intersection for future utility boxes and signal
poles.
In order to ensure that the site circulation will function as proposed by the applicant, staff
recommends that the applicant submit a revised concept plan that incorporates ACHD
ROW for the intersection improvements, the 25 -foot wide landscape buffers on Fairview
Ave and Locust Grove Road, the irrigation easement on the south boundary, a 5 -foot wide
detached sidewalk on Locust Grove Road, and one (1) right-in/right-out access to N. Locust
Grove Road prior to the Commission hearing.
Sidewalk: A minimum 5 -foot wide detached sidewalk is required adjacent to E. Fairview
Avenue, and around all buildings as well as those serving public streets in accord with UDC I I -
3A -17C. Locust Grove Road has an existing attached sidewalk. If additional right-of-way is
needed by ACHD adjacent to N. Locust Grove Road, the applicant shall constrict a 5 -foot wide
detached sidewalk on N. Locust Grove Road.
Parking: Per UDC 11 -3C -6B, in commercial districts, one off-street parking space is required
per 500 square feet of gross floor area. Additionally, per UDC 11 -3C -6G, one bicycle parking
space is required to be provided for every 25 vehicle spaces proposed on the site, in compliance
with the standards listed in UDC 11 -3C -5C.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15.
Building Elevations: Structures within the proposed development that are visible from the street
or abutting properties are required to comply with the design review standards set forth in UDC
11-3A-19 and the guidelines contained in the Architectural Standards Manual.
Conceptual building elevations for the future building were submitted by the applicant and
included in Exhibit A.3. Building materials depicted on the plans for the building include stone
veneer, rough sawn timber, and board and batten. The future building on this site shall generally
comply with the submitted elevations, including but not limited to, the design standards set forth
in City of Meridian Architectural Standards Manual (ASM).
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is
required to be submitted prior to issuance of building permits. The applicant is required to obtain
approval of a design review application for the proposed structures and site design for the self-
service storage facility. This application may be submitted concurrently with the CZC
application. The applicant must comply with the design standards listed in UDC 11-3A-19 and
the guidelines contained in the Meridian Design Manual.
In summary staff finds the proposed project complies with the future land use map and applicable
policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit
B. Based on the aforementioned analysis, staff recommends approval of the subject application.
10. EXHIBITS
A. Drawings
1. Vicinity Map
Maverik — AZ H-2016-0027 PAGE 9
EXHIBIT B -12
Exhibit A
2. Proposed Concept Plan (dated: 04/27/15)
3. Proposed Elevations
B. Agency & Department Conditions of Approval
C. Legal Description and Exhibit Map for property to be annexed
D. Required Findings from Unified Development Code
Maverik — AZ H-2016-0027
EXHIBIT B -13
PAGE 10
Exhibit A
A. Drawings
1. Vicinity/Zoning Map
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Nlavcrik — AZ H-2016-0027 PAGE 20
EXHIBIT B -14
Exhibit A
1. Concept Plan (NOT APPROVED) (dated: 04/27/15)
I I I
AI -.a -, nn
Maverik — AZ H-2016-0027
EXHIBIT B -15
PAGE 21
2. Proposed Elevations
Exhibit A
MAVERIK 5000 STORE
MERIDIAN, IDAHO
Maverik — AZ M-2016-0027
EXHIBIT B -16
PAGE 22
Exhibit A
MAVERIK 5000 STORE
MERIDIAN, IDAHO
Ip S€f
Ivlavcrik — AZ H-2016-0027
EXHIBIT B -17
Jzv!
KIK 5000 STORE
MERIDIAN, IDAHO
PAGE 23
Exhibit A
B. Conditions of Approval
1. PLANNING DIVISION
1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this
property. Prior to annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) at the time of ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation, approved by
City Council and recorded. The DA shall, at minimum, incorporate the following provisions:
a. Future development of the site shall be consistent with the design standards listed in UDC 11-
3A-19 and the guidelines in the Architectural Standards Manual
b. Prior to Planning and Zoning Commission hearing, the applicant submit a revised
concept plan that incorporates ACRD ROW for the intersection improvements, the 25 -
foot wide landscape buffers on Fairview Ave. and Locust Grove Road, the irrigation
easement on the south boundary and the required landscape buffer, and a 5 -foot wide
detached sidewalk on Locust Grove Road and e \ ` " right in/right out aceesu N.
b b t
Loeust Grove Road.
c. The junkyard use fencing and the billboard nearest the corner ^" nen eamfoFfflities eeewf'^^
on the it Ounk -a use, illegal ^ gn .,,r fencing) shall be removed or cease within 60 days
of annexation into the City.
d. A minimum 25 -foot wide street buffer shall be constructed along the entire frontage of the
site along E. Fairview Avenue and N. Locust Grove Road in accord with UDC 11-313-7C.
Construct a minimum of a 25 -foot wide landscape buffer abutting the residential property to
the south in accord with UDC 11 -3B -9C. All landscape and frontage improvement associated
with the site including the landscape buffers and sidewalks shall be constructed with the first
phase of development.
e. The applicant shall construct a 5 -foot wide detached sidewalk on N. Locust Grove Road.
f. The applicant shall provide cross -access to 1375 E. Fairview Avenue (parcel #
84239560010) and to the southern portion of the subject property; the cross -access
agreement shall be recorded prior to submitting an application for Certificate of Zoning
Compliance and Design Review.
g. Any fixture development of the site must comply with the City of Meridian ordinances in
effect at the time of development.
h. The applicant shall complete phase 1 and phase 2 environmental assessments in accord with
DEQ standards prior to submitting a certificate of zoning compliance application.
i. The applicant shall extend sewer and water to the site with the development of the property.
yy nb ht � rightaeeess t N. r o ^t r_.. Road -shall be ll unless l ^ the full
J'
aee ss is approved by City Getineil in aeeerd with UDG 11 3A 3
j. No direct access to E. Fairview Avenue shall be permitted.
k. The applicant is required to submit a Certificate of Zoning Compliance and Administrative
Design review application for approval of the proposed use and site layout from the Planning
Division prior to applying for a building permit application.
Maverik - AZ H-2016-0027
EXHIBIT B -18
PAGE 24
Exhibit A
1. Coordinate with City staff on bonding for the removal of the billboards once the lease term
has expired.
in. Include the terms of the billboard leases as an exhibit in the development agreement.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall be required to extend a sanitary sewer main in the driveway from the north
driveway approach to the south to provide service to the future development on the south side of
the overall parcel.
2.1.2 A street light plan will need to be included as part of the project plan submittal package. Street
light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.
A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272
2.2 GENERAL CONDITIONS OF APPROVAL
2.2.1 Applicant shall coordinate water and sewer main size and routing for their project with the Public
Works Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,
if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used
in conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
I 1-3A-6. hi performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
Maverik — AZ H-2016-0027
EXHIBIT B -19
PAGE 25
Exhibit A
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections(208)375-5211.
2.2.9 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.10 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.15 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I -foot above.
2.2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.18 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.19 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate 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. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns related to this application.
4. POLICE DEPARTMENT
Maverik - AZ H-2016-0027 PAGE 26
EXHIBIT B - 20
Exhibit A
4.1 The Police Department has no concerns related to this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns related to this application.
6. REPUBLIC SERVICES
6.1 The applicant shall coordinate with Republic Services on the size and location of the trash enclosure.
7. ADA COUNTY HIGH%vAY DISTRICT
7.1 This application is for annexation/ rezone. When ACHD receives a
development application for a specific development, ACHD will set forth
site specific conditions of approval, as noted below.
7.1.1 Dedicate 13 to 16 -feet of right-of-way on Fairview Avenue. This segment of Fairview Avenue and
the intersection is in the CIP, so the applicant will be compensated for right-of-way dedication.
7.1.2 Dedicate I 1 -feet of right-of-way on Locust Grove Road. The Fairview/Locust Grove intersection is
in the CIP, so the applicant will be compensated for right-of-way dedication. Include a triangle at the
corner of the intersection to accommodate utility boxes and poles.
7.1.3 The applicant would typically be required to construct a sidewalk on Fairview Avenue. However, if
the planned ACHD pedestrian improvement project on Fairview Avenue has been awarded to a
contractor prior to submittal of the CZC application then the applicant is not responsible for sidewalk
improvements. If the AC1ID project has not been awarded, then the applicant will be required to
construct the sidewalk in its ultimate location, or provide a road trust to ACHD for the cost of the
improvements.
7.1.4 Utilize the existing shared right-in/right-out driveway on Fairview Avenue, located 390 -feet west of
Locust Grove Road. If not existing already, provide a cross access agreement.
7.1.5 Reconstruct the right-inlright-out driveway on Locust Grove Road located 280 -feet south of Fairview
Avenue as a curb return type driveway. The driveway shall be constructed as a 24 to 30 -foot wide
curb return with minimum 15 -foot radii, and paved back a minimum of 30 -feet from the edge of
pavement of Fairview Avenue.
7.1.6 Close the existing driveway on Locust Grove Road located 415 -feet south of Fairview Avenue, with
curb, gutter and sidewalk to match existing improvements.
7. I.7 Construct a full access driveway on Locust Grove Road located in alignment with Wilson Lane. The
driveway shall be constructed as a 30 to 36 -foot wide curb return with minimum 15 -foot radii, and
paved back a minimum of 30 -feet from the edge of pavement of Fairview Avenue.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7. I.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 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 ACRD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited fi•om being located within the
ACHD right-of-way.
Maverik — AZ H-2016-0027 PAGE 27
EXHIBIT B - 21
Exhibit A
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to
District Development Review staff for review.
7.2.4 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.
7.2.5 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.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7.2.7 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 ACRD conduits (spare or filled) are compromised during any phase of construction.
7.2.8 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.
7.2.9 All design and constriction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Constriction 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,
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from
ACHD.
7.2.12 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.
Maverik — AZ H-2016-0027
EXHIBIT B - 22
PAGE 28
C. Legal Description and Exhibit Map
4wReeve
& Associates, Inc.
02-18-16
Exhibit A
MERIDIAN, IDAHO
LEGAL DESCRIPTION
PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW
AVENUE, SAID POINT BEING N89"53'54"W ALONG'IHE SECTION LINE, 80.82 FEET AND
S00°0606"W 2892 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 7; THENCE
S46'I739"E 45.48 FEET TO THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD;
THENCE DUE SOUTH ALONG SAID WESTERLY RIGHT OF WAY LINE, 678.05 FEET TO THE
NORTH LINE OF KEZIAI I SUBDIVISION; THENCE ALONG SAID NORTH LINE THE
FOLLOWING THREE COURSES: (1) N37°48'00"W 304.99 FEET; (2) N55°47'00"W 117.23 FEET;
AND (3) S84°25'50"W 48.86 FEET; THENCE N00°00' I5"E 326.80 FEET; THENCE N21 °56'21 "E
86.88 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW AVENUE; THENCE
889'S8'54"E ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 267.13 FEET" I'O THE POINT OF
BEGINNING.
CONTAINING 170,190 SQUARE FEET OR 3.907 ACRES
Maverik — AZ H-2016-0027
EXHIBIT B - 23
PAGE 29
Exhibit A
EXHIBIT
EXHIBIT UAP TO ACCOMPANY LEGAL DESCRIPTION
ANNEXATION AREA
MERIDIAN, IDAHO
TA1' W AVV4UE
N0
8042* NORTHEAST CORNER OF
80.92' SECTION 7, TW7NSHIP 3
NORTµ E
1 TARGE EAST,
EN€E
I
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I
SCALE 1"=100'
MRverik — AZ H-2016-0027
EXHIBIT B - 24
3
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PAGE 30
Exhibit A
D. Required Findings from Unified Development Code
1. Annexation & Zoning Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Commission finds the proposed annexation with the C -G zone is consistent with the
proposed Commercial future land use designation.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Commission finds that the proposed map amendment to the C -G zoning district is
consistent with the purpose statement of the commercial districts and the proposed uses
will provide a needed service to area residents.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare if the applicant complies with conditions outlined in this
report. However, the Commission recommends that the Council consider any oral or
written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The Commission finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
e. The annexation is in the best of interest of the City (UDC 11-513-1E).
Per the above findings, the Commission finds the proposed annexation is in the best
interest of the City if the applicant enters into a development agreement and ceases the
use of the junk yard operations and remediates the site in accord with DEQ standards,
removes the metal fencing, immediately removes one billboard and bonds for the
removal of the remaining billboards once the terms of the leases have expired.
Maverik — AZ H-2016-0027
EXHIBIT B - 25
PAGE 31
EXHIBIT C
EXISTING BILLBOARD LEASES
CANYtdoor Media, LLC
PO Box 16661 Boise, ID 83715
OUTDOOR ADVERTISING GROUND LEASE AGREEMENT
BY THIS LEASE AGREEMENT, made this__2_6 day of, i , 2006 by and between
Pete s t3lcerse.jr ' , (hereinafter called "Lessor"), and Canyon
Outdoor Media LLC, (hereinafter called "Lessee"), the parties agree to the below described terms and conditions.
1. Lessor hereby leases to Lessee, a tract of land ereinafter callAd the "Lease Site") located
atm/5/ 5 E J�- i 90 M e t i.lr�- . , for the purpose of erecting and
maintaining an outdoor advertising structure together with the necessary easements, rights-of-way and access over
and across the Lessor's premises for the construction, maintenance, servicing and removal of said advertising
structure, subject to the terms and conditions set forth herein. Lessee has the right to establish, at Lessee's expense,
electrical service across Lessor's property to said outdoor advertising structure. Lessor will not lease or allow any
portion of said property to be utilized for the purpose of outdoor advertising other than to the lessee. Lessor
represents and warrants that the Lessor is the authorized agent / Owner of the above described premises.
2. This Lease shall be for a term of Ten (10) years, commencing on the first day of the month following the
erection of the advertising structure ("Sign Completion Date"). Lessor grants to lessee the right to renew this
agreement for an additional Ten (10) year term.
3. As consideration for the rental of the Lease site, easements and rights herein provided, Lessee shall pay the
�essor the sum ofa; oW, I ,v77l[ e,7, h",e� () (S `�' )Per year. 10
avu.gry-a -e / ^t y,6,0c� j'IiOrau i et j 6-1
4. Lessee will be responsible for obtaining any and all permits requifed to erect and maintain an outdoor
advertising structure. Lessor will cooperate, if needed by Lessee, in signing any forms, affidavits, etc. that may be
required of the Lessee by the city, county or state.
5. Lessee shall maintain sole ownership and exclusive rights to any permits obtained associated with the outdoor
advertising structure.
6. Lessee and Lessor acknowledge and agree that all outdoor advertising structures, materials and equipment
placed upon the Lease site by the Lessee are and shall remain the property of Lessee and shall not be considered
"fixtures" of the property and may be removed by the Lessee within ninety (90) days upon termination of this Lease
or any extension thereof.
7. Lessee agrees to erect the outdoor advertising structure in accordance with all applicable laws and all local
ordinances.
8. Lessee agrees to save Lessor harmless from any and all claims or damage, caused by or resulting from any
negligent or willful act of Lessee or Lessee's agents or employees in the construction, maintenance, repair, alteration
or removal of Lessee's equipment on the property. Lessee agrees to carry, at its own expense, adequate liability
insurance covering any such contingency so long as this lease remains in effect. Lessor agrees to save Lessee
harmless from any and all claims or demands on account of bodily injury or physical property damage caused by or
resulting from any negligent or willful act of Lessor or Lessor's agents or employees.
9. Lessee has the right to remove or trim any tree or foliage that might block the view of the outdoor advertising
display or copy from the highway, subject to approval from the Lessor, not to be unreasonably withheld.
EXHIBIT C -1
10. Lessor will not erect any structure or signage that interfere with the view of the outdoor advertising display or
copy from the adjacent right-of-way.
it. If for any reason, Lessee is unable to build or maintain an outdoor advertising structure, to Lessee's
satisfaction, on the Lease site, at Lessee's option Lessee may cancel this Lease upon Thirty (30) days prior written
notice to Lessor.
12. This Lease shall be binding upon the Patties hereto, their respective heirs, personal representatives, successors,
trustees and assigns. This Lease is assignable.
13. In the event of condemnation by any lawful government authority, Lessee shall have the right to participate in
any condemnation award or settlement to the extent of the Lessee's damages for: the loss of the use of the outdoor
advertising structure(s); the cost of removal from or replacement of on the above described premises; and the loss of
die leasehold interest.
14. Lessor shall have the right to utilize vacant advertising space, for the business located on said property. Lessor
shall pay all production cost
15. It is expressed and understood that all information contained herein is strictly confidential.
16. Lessee shall deliver to Lessor, upon signing this agreement, a check for One Hundred Dollars (5100.00) for
earnest money.
17. This agreement may not be modified except in writing signed by Lessor and Lessee.
18. Lessee shall have the right of first refusal on said billboard location and/or said property.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.
CANYON OUTDOOR MEDIA L.L.C.
LESSEE:
Name: 72- . _
EXHIBIT C - 2
LESSOR:
By'
Name: G/S 212
(ANY
Outdoor Media, LLC
6354 N. Park Meadow Way Suite•201 Dolm Idaho 83113
phone 208.938.8880 fax 208.938.8890
OUTDOOR ADVERTISING GROUND LEASE AGREEMENT
BY THIS LEASE AGREEMENT, made this 2 6 qday of P / , 2006 by and between
(hereinafter called "Lessor"), and Canyon
Outdoor Media LLC, (hereinafter called "Lessee"), the parties agree to the below described terms and conditions.
1. Lessor hereby leases to Lessee, a tract of land (hereinafter called the "Lease Site") located
at rv,,P ed, ;LIr rrd �u �T � for the purpose of erecting and
maintaining an outdoor advertising structure together with the necessary easements, rights-of-way and access over
and across the Lessor's premises for the construction, maintenance, servicing and removal of said advertising
structure, subject to the terms and conditions set forth herein. Lessee has the right to establish, at Lessee's expense,
electrical service across Lessor's property to said outdoor advertising structure. Lessor will not lease or allow any
portion of said property to be utilized for the purpose of outdoor advertising other than to the lessee. Lessor
represents and warrants that the Lessor is the authorized agent / Owner of the above described premises.
2. This Lease shall be for a term of Ten (10) years, commencing on the first day of the month following the
erection of the advertising structure ("Sign Completion Date"). Lessor grants to lessee the right to renew this
agreement for an additional Ten (10) year term.
3. As consideration for the rental of the Lease site easements and rights herein provided, Lessee shall pay the
Lessor the sum of �� 4e
/ dt(/C/901, •) per year.
4. Lessee will be responsible for obtaining any and all permits required to erect and maintain an outdoor
advertising structure. Lessor will cooperate, if needed by Lessee, in signing any forms, affidavits, etc. that may be
required of the Lessee by the city, county or state.
5. Lessee shall maintain sole ownership and exclusive rights to any permits obtained associated with the outdoor
advertising structure.
6. Lessee and Lessor acknowledge and agree that all outdoor advertising structures, materials and equipment
placed upon the Lease site by the Lessee are and shall remain the property of Lessee and shall not be considered
"fixtures" of the property and may be removed by the Lessee within ninety (90) days upon termination of this Lease
or any extension thereof.
7. Lessee agrees to erect the outdoor advertising structure in accordance with all applicable laws and all local
ordinances.
8. Lessee agrees to save Lessor harmless from any and all claims or damage, caused by or resulting from any
negligent or willful act of Lessee or Lessee's agents or employees in the construction, maintenance, repair, alteration
or removal of Lessee's equipment on the property. Lessee agrees to carry, at its own expense, adequate liability
insurance covering any such contingency so long as this lease remains in effect. Lessor agrees to save Lessee
harmless from any and all claims or demands on account of bodily injury or physical property damage caused by or
resulting from any negligent or willful act of Lessor or Lessor's agents or employees.
9. Lessee has the right to remove or trim any tree or foliage that might block the view of the outdoor advertising
display or copy from the highway, subject to approval from the Lessor, not to be unreasonably withheld.
EXHIBIT C - 3
10. Lessor will not erect any structure or signage that interfere with the view of the outdoor advertising display or
copy from the adjacent right-of-way.
11. If for any reason, Lessee is unable to build or maintain an outdoor advertising structure, to Lessee's
satisfaction, on the Lease site, at Lessee's option Lessee may cancel this Lease upon Thirty (30) days prior written
notice to Lessor.
12. This Lease shall be binding upon the Parties hereto, their respective heirs, personal representatives, successors,
trustees and assigns. This Lease is assignable.
13. In the event of condemnation by any lawful government authority, Lessee shall have the right to participate in
any condemnation award or settlement to the extent of the Lessee's damages for: the loss of the use of the outdoor
advertising structure(s); the cost of removal from or replacement of on the above described premises; and the loss of
the leasehold interest.
14. Lessor shall have the right to utilize vacant advertising space, for the business located on said property. Lessor
shall pay all production cost
15. It is expressed and understood that all information contained herein is strictly confidential.
16. Lessee shall deliver to Lessor, upon signing this agreement, a check for One Hundred Dollars (5100.00) for
earnest money.
17. This agreement may not be modified except in writing signed by Lessor and Lessee.
18. Lessee shall have the right of forst refusal on said billboard location and/or said property.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written.
CANYON OUTDOOR MEDIA L.L.C.
LESSEE: LESSOR:
By:�__ By!
Name: %�—�%`�S' c��i� Name:SS9/�6'�%2
(per
EXHIBIT C - 4
CANY N
Outdoor Media, LLC pp Box 16661 Boise, ID 83715
OUTDOOR ADVERTISING GROUND LEASE AGREEMENT
BY THIS LEASE AGREEMENT, made this_, day of C i - 2006 by and between
Qu s (hereinafter called "Lessor"), and Canyon
Outdoor Media LLC, (hereinafter called "Lessee"), the parties agree to the below described terms and conditions.
1. Lessor hereby leases to Lesseetia tract of land Pereinaftern called the "Lease Site") located
at /5/5- !Z >�ae "U. Q e J M. &1 t tZ 1`1 l— , for the purpose of erecting and
maintaining an outdoor advertising structure together with the necessary easements, rights-of-way and access over
and across the Lessor's premises for the construction, maintenance, servicing and removal of said advertising
structure, subject to the terms and conditions set forth herein. Lessee has the right to establish, at Lessee's expense,
electrical service across Lessor's property to said outdoor advertising structure. Lessor will not lease or allow any
portion of said property to be utilized for the purpose of outdoor advertising other than to the lessee. Lessor
represents and warrants that the Lessor is the authorized agent / Owner of the above described premises.
2. This Lease shall be for a term of Ten (10) years, commencing on the fust day of the month following the
erection ofthe advertising structure ("Sign Completion Date"). Lessor grants to lessee the right to renew this
agreement for an additional Ten (10) year term.
3. As consideration for the rental of the Lease site, easements and rights herein provided, Lessee shall pay the
Lessor the sum of '1. 4e0a X I _ ($ ) per year.
4. Lessee will be responsible for obtammg any an alf permits required to erect and maintain an outdoor
advertising structure. Lessor will cooperate, if needed by Lessee, in signing any forms, affidavits, etc. that may be
required of the Lessee by the city, county or state.
5. Lessee shall maintain sole ownership and exclusive rights to any permits obtained associated with the outdoor
advertising structure.
6. Lessee and Lessor acknowledge and agree that all outdoor advertising structures, materials and equipment
placed upon the Lease site by the Lessee are and shall remain the property of Lessee and shall not be considered
"fixtures" of the property and may be removed by the Lessee within ninety (90) days upon termination of this Lease
or any extension thereof.
7. Lessee agrees to erect the outdoor advertising structure in accordance with all applicable laws and all local
ordinances.
8. Lessee agrees to save Lessor harmless from any and all claims or damage, caused by or resulting from any
negligent or willful act of Lessee or Lessee's agents or employees in the construction, maintenance, repair, alteration
or removal of Lessee's equipment on the property. Lessee agrees to carry, at its own expense, adequate liability
insurance covering any such contingency so long as this lease remains in effect. Lessor agrees to save Lessee
harmless from any and all claims or demands on account of bodily injury or physical property damage caused by or
resulting from any negligent or willful act of Lessor or Lessor's agents or employees.
9. Lessee has the right to remove or trim any tree or foliage that might block the view of the outdoor advertising
display or copy from the highway, subject to approval from the Lessor, not to be unreasonably withheld.
EXHIBIT C - 5
10. Lessor will not erect any structure or signage that interfere with the view of the outdoor advertising display or
copy from the adjacent right-of-way.
11. If for any reason, Lessee is unable to build or maintain an outdoor advertising structure, to Lessee's
satisfaction, on the Lease site, at Lessee's option Lessee may cancel this Lease upon Thirty (30) days prior written
notice to Lessor.
12. This Lease shall be binding upon the Parties hereto, their respective heirs, personal representatives, successors,
trustees and assigns. This Lease is assignable.
13. In the event of condemnation by any lawful government authority, Lessee shall have the right to participate in
any condemnation award or settlement to the extent of the Lessee's damages for: the loss of the use of the outdoor
advertising structure(s); the cost of removal from or replacement of on the above described premises; and the loss of
the leasehold interest.
14. Lessor shall have the right to utilize vacant advertising space, for the business located on said property. Lessor
shall pay all production cost
15. It is expressed and understood that all information contained herein is strictly confidential.
16. Lessee shall deliver to Lessor, upon signing this agreement, a check for One Hundred Dollars ($100.00) for
earnest money.
17. This agreement may not be modified except in writing signed by Lessor and Lessee.
18. Lessee shall have the right of first refusal on said billboard location and/or said property.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as ofthe day and year first above written.
CANYON OUTDOOR MEDIA L.L.C.
LESSEE: - _ LESSOR:
By,
Name: Name:
(13.2)
EXHIBIT C - 6
EXHIBIT D
LETTER FROM BILLBOARD LESSEE AND LESSOR
Outdoor Media, LIC!
PO Box 1fi66t Boise, ID $3715
12/27/2016
Russ Barger
AMT Parts and Recyclers
1515 East Fairview Ave.
Meridian Idaho, 83642
Re: Clarity of End date of Billboard Lease(s) Located at 1515 East Fairview Ave.
;Meridian Idaho. 83642.
Dear Mr. Barger,
As per ow discussions: The Lease(s) located at the above mentioned address
will end as of September 2027. As per our [.ease Agreement Canyon Outdoor
Media L.L.C. will remove everything above ground level of said Billboard structures
within 30 days of the Lease(s) ending. This is not assignable unless agreed by both
parties.
I hope this gives you some clarity. once again Tam looking forward to doing
Business with you in the future.
Thank you for your time and attention to this matter.
Sincerely,
CU rh� �soo . (~ Russ Ba
rget
Canyon Outdoor Media L.L.C. AMT Part. , nd Recyclers
EXHIBIT D - 1
EXHIBIT E
SURETY AGREEMENT
City of Meridian
SURETY AGREEMENT FOR BILLBOARD REMOVAL
Maverik Incorporated
THIS SURETY AGREEMENT (this Surety Agreement) is made and entered into this day of
, 2017 by and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter
referred to as "City', and MAVERIK, INC., a Utah corporation, hereinafter referred to as "Developer."
WITNESSETH:
WHEREAS, Developer received approval from the City on June 21, 2016 for the annexation and zoning
of 3.877 acres of real property ("Development Site") located at the SW corner of E. Fairview Ave and N.
Locust Grove Road in the City of Meridian and more particularly described on Exhibit A attached hereto
and incorporated herein by this reference; and
WHEREAS, the Development Site currently has four billboard signs that were previously approved by
Ada County. The billboards would otherwise be prohibited under City's ordinance and would need to be
removed within 60 days of annexation into the City; and
WHEREAS, Developer has received approval from the City Council to allow three of the existing
billboards to remain on the site under certain conditions, and the City Council has required that one
billboard be removed within 60 days of annexation. The location of the billboards is illustrated in Exhibit
B, attached hereto and incorporated herein by this reference; and,
WHEREAS, The City Council's approval of the annexation and rezone of the Development Site contains
a condition by which Developer must cause the removal of the three remaining billboards within thirty (30)
days of the termination of the current Outdoor Advertising Ground Lease Agreements, which termination
date is September 30, 2027; and
WHEREAS, the billboard lessee, Canyon Outdoor Media, LLC ("Canyon"), has executed and provided to
the current owner of the Development Site (Russ Barger) a letter confirming that Canyon has agreed to
remove the billboards within thirty (30) days of the September 30, 2027 termination date. A copy of the
letter from Canyon to Russ Barger is attached hereto and incorporated herein by this reference as
Exhibit C; and,
WHEREAS, the City has required that Developer provide a bond to assure removal of the three billboards
in the event that Developer and/or Canyon fail to remove the billboards as agreed.
NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements of the
parties, it is hereby agreed as follows:
1. The above Recitals are incorporated herein by this reference.
2. The Developer agrees that the obligation to remove all remaining billboards from the
Development Site shall be completed on or before October 30, 2027 (said date being thirty (30)
days after the termination date of the Outdoor Advertising Ground Lease Agreements). The
Developer shall be jointly and severally liable to the City for any and all loss and damage from
any failure of this obligation, either from the greater expense of the City removing the billboards,
or from any other cause related to Developer's failure to completely remove the billboards and
restore the Development Site to its condition existent prior to undertaking such removal by filling
any holes and repairing the surface to match the surrounding area, which expense shall not be
limited by any surety.
EXHIBIT E -1
3. Upon execution of this Agreement, the Developer shall deliver to City a performance surety
(Irrevocable Letter of Credit, Corporate Surety Bond or Cash Deposit) ("Performance Surety")
for the purpose of assuring Developer's full and faithful completion required removal of the
billboards as set forth in this Agreement. The amount of the Performance Surety shall be the
sum of $20,000.00.
4. The amount of such Performance Surety is based upon the Developer's best estimate of the cost
of removing the billboards. City's acceptance of such assurance shall not be construed as a
limitation on the amount which may be spent and recovered on completion of the required
removal of the billboards.
5. At such time as all billboards have been removed in accordance with this Agreement, the
Developer shall notify the City of the readiness for final inspection and request that City release
the Performance Surety. Upon certification by the Director of Community Development, or
designee, or other authorized agent of City that all requirements of this Agreement have been
met, City shall take all necessary actions to release the Performance Surety.
IN WITNESS WHEREOF, the parties shall cause this Surety Agreement to be executed by their duly
authorized officers the day and year first above written.
[Signatures on following pages]
EXHIBIT E - 2
DEVELOPER:
Maverik, Inc., a Utah corporation
By:
Name:
Title:
STATE OF
ss:
County of , )
On this day of 2017, before me, the undersigned, a Notary Public in and for
said State, personally appeared , known or identified to me to be
the of Maverik, Inc., and acknowledged to me that he executed the same on
behalf of said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
(SEAL)
Notary Public for
Residing at:
My Commission Expires:
EXHIBIT E - 3
CITY OF MERIDIAN:
By:
STATE OF IDAHO )
ss
County of Ada )
Tammy de Weerd, Mayor
On this day of , 2017, before me, a Notary Public, personally
appeared Tammy de Weerd and C. Jay Coles, know or identified to me to be the Mayor and Clerk,
respectively, of the City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City 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.
(SEAL)
EXHIBIT E - 4
Notary Public for Idaho
Residing at:
Commission expires: _
EXHIBIT A
Legal Description and Exhibit Map
EXHIBIT E - 5
�. Reeve
& Associates, Inc.
3-27-17
MERIDIAN, IDAHO
LEGAL DESCRIPTION
PART OF NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, U.S. SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT APOINT ON THE WESTERLY RIGHT OF WAYLINE OF LOCUST GROVE
ROAD, SAID POINT BEING SOUTH 60.20 FEET AND WEST 48.00 FEET FROM THE
NORTHEAST CORNER OF SAID SECTION 7; THENCE ALONG THE WESTERLY RIGHT OF
WAY LINE OF LOCUST GROVE ROAD THE FOLLOWING (2) TWO COURSES: (1) SOUTH
240.79 FEET AND (2) THENCE S00°38'30"E 443.33 FEET; THENCE N37048'5 1"W 312.79 FEET;
THENCE N55047'51 "W 117.23 FEET; THENCE S84117'21 "W 48.98 FEET; THENCE N00°00'15"E
326.80 FEET; THENCE N21056'21"E 80.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
FAIRVIEW AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE
FOLLOWING TWO (2) COURSES: (1) N89°34'29"E 28.09 FEET AND (2) S88046'30"E 253.48 FEET;
THENCE S46017'39'B 29.01 FEET TO THE POINT OF BEGINNING.
CONTAINING 168,903 SQUARE FEET OR 3.877 ACRES
solutions You Can Build OnTM
Civil Engineering • Land Planning • Structural Engineering • Landscape Architecture • Land Surveying • Construction Surveying
5160 South 1500 West • Riverdale, Utah 84405 • Tel: 8014621-3100 • Fax: 801.621-2666
ogden@reeve-assoc.com • reeve-assoc.com
EXHIBIT E - 6
NORTH QUARTER CORNER
OF SECTION 7, TOWNSHIP
3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, U.S.
SURVEY, FOUND BRASS
CAP MONUMENT
EXHIBIT
EXHIBIT MAP TO ACCOMPANY LEGAL
ANNEXATION AREA
MERIDIAN, IDAHO
NSW53'54'W 2641.07'
FAIRVIEW AVENUE — — —
DESCRIPTION
NORTHEAST CORNER OF
SECTION 7, TOWNSHIP 3
_ NORM, RANGE i EAST.
BOISE MERIDIAN, U.S.
SURVEY. FOUND BRASS
CAP MONUMENT
EXHIBIT E - 7
SCALE 1"=100'
Reeve
Associates, Inc.
5180 SOUTH 15W MIST
RRUGM&� L464 861O�O
TIL. 62 FAY: BO1 6211-2868
WMMIIM!•oxn
UD � • MMIC sos
sMaIMR �®• IMMBi Nam
lmq�
Maverik, Inc.
Meridian, Idaho
EXHIBIT C — Canyon Letter
CANY N
Outdoor Media, LLC
PO Box 16661 Boise, ID 83715
12/27/2016
Russ Barger
AMT Parts and Recyclers
1515 East Fairview Ave.
Meridian Idaho, 83642
Re: Clarity of End date of Billboard Lease(s) Located at 1515 East Fairview Ave.
Meridian Idaho, 83642.
Dear Mr. Barger,
As per our discussions: The Lease(s) located at the above mentioned address
will end as of September 2027. As per our Lease Agreement Canyon Outdoor
Media L.L.C. will remove everything above ground level of said Billboard structures
within 30 days of the Lease(s) ending. This is not assignable unless agreed by both
parties.
I hope this gives you some clarity. Once again I am looking forward to doing
Business with you in the future.
Thank you for your time and attention to this matter.
Sincerely,
Canyon Outdoor Media L.L.C.
EXHIBIT E - 9
-- g211n
REGO' Z Z • EY
TRD5TU' S DIM
�
92 JUL 31 PA 4 20
;x.4390001494
We deed made thim 31TH day of JM, 39924
„ tt.a, AS "WSTBB of Tom jams B. mam TRUST
party ®f the first part, 04 h[ B=& S. RAMMM, a B .0
person, whose atkbrfts Is 3372 N. KIM& SIRIM, MWIdIM, Id.
63642, Grantee and Party of the ZOODAd part-
oxmss=i, That the said party of the first part, for
good end other valuable consideration, to then In bud paid
by said party of the second Part, the rWeipt Whereof is
hereby as ledged, does hereby grant, bargain, sell and
cmaay :,'#about j►arranty unto the said party of the second
part the following described real propirtf situated in
AM County, to-%dt:
see attached schedule mh"
Together with au mA singular thetenements, hereditawnts,
and appurtexamaes thereunto belonging Of otbetwise
ai.ningr, aarsd! all estate, riot, title, and interest in
and to the said property.
To RAVE AM To ROM all and singular the
ab cw oned and described pr ser, t0getlmr With
appartenames, urate the party of the second paw and their
heirs and assigns forever.
..: PAPI
- ;Li
Page 1 of 4
10127/2015 4:45 PM
STAVE OF ZI6. W . Colunty of ADA e as.
on this 31St dsF of .Tu19 o in the Fe+w of 1992 a before
i �m �r• 4L p o !e'1
F. - - r. known
or IdentMed to- see qqmwzW to o -
Oe 1$ v of ada
a r$ttw snw °
admmhdpd to me tbatt socia oorpnr /� the%ops �pryi
P p As� =
„�esidto,� C Boise, Zdabo
.r V8 Lic. +fixes: 2/U/93
Pane 2 of 4
1012712015 4:46 PM
Page 3 of 4
1012712016 4:46 PM
kInk
07/29/42 15:91 V205 44S 2688 Samer,raw
RS: aarger/imine E. Raasch TrtLs
Real $SM8 Transaction
mm UNDERS'romm, as purchaser of that certain parcel of
prosy situated at 1515 Nast puirview avenue. vidian, Asim
( omtya Idaho (the-propertym) , hereby Baas to wei.De t1mt certaiEa
conclitiaa in the Le :ter of Intent to paraa.se dated Jute 17, 1992
whidn made purchase of the property csndieicned Mon the
undersigned being able to cons Tmmte tate purdbase of the exist
Um
business at the Property. The undersigned desires to Vurcbgise the'
Property even though the un&raa.gnea at this time will not he
consunzatin:1 a purchase of the existing business.
The purebaser cicknowledges that he ins satisfied bbw*lf as to
the psironw=tai ajndit = o-`. the property and agrees to take the
property ° ,4s IS
DAs= this �_ day of I r1l ..�... 1992,
RUSS Bi}F�f
Rai 208 346 2668 J4-2$-92 C3:88PI3 P�3�2 Y,29
Page 4 of 4
10127/2015 4:45 PM
STATE OF EDAHO
COUNTY of ADA
AFFIDAVIT OF LEGAL INTEREST
(name) — (address) ��?G
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
0 ��ll�q.':-�� @�- .�i�l�- � , ��C�'�-' L+_. C.�..`�.. fc 4�� � . �t:��,Y.% �� r,f;r_� C.1'`.✓'I.�
(name) (address){ `'`'f '{ y`
to submit the accompanying application(s) pertaining to that property.
2. 1 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 subje6t 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 21/ day of _ fi un u , 20�
`— (Signature)
SUBSCRIBED AND SWORN to before me the day and�rear first above w�rktt6n.
(`Notary Public for Idaho)
Residing at:/
My Commission Expires:
Community Development n Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 tiaw�,•.mcridinncit�.nr�'niannine
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`ProjectiSubd!vision Name:
Applicants)/Contact(s):
City Staff: L1�
Location:
CITY OF MERIDIAN
PRE-APPLIKATION MEE,TING No'I'..Fs
Date: 1 ;�' M-) S
Comprehensive Plan FLUM
Design Guidelines Developr
Existing Use:
Proposed Use: f= +
Surrounding Uses: t:tWs.W
Designation:
ient Context: ❑ Urban ❑ Urban/Suburbanp Suburban F-1Rural
r�> Existing Zoning: , Irl-
r�� Proposed Zoning:
Street Buffer(s) and/or Land Use Buffer(s)•
Open SpacelAmenities/Pathways:
y! 't`r,;�:wn.r. �`Y �'-�L4 r""`S i•t+<'CrE,..% �.,-�;c:iVv� �:t@� �:.
Access/Stub Streets/Street System:
Sewer & Water Service:
Waterways/ Floodplain/Topography/Hazards:
History: iv rk
Note: A Trak impact Study (T1S) will @e rea, wired by ACRD for targe commerclal projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-
8178 or Christy Lithe at 387 69 4 of ACHD for Information in regard fo a T1s, conditions. impact fees and process.
Other Agencies/Departments to Contact:
�.. Ada County Highway Dist. (ACHD)
❑ Nampa Meridian Irrigation Dist. (NMID)
❑ Public Works Department
❑ Idaho Transportation Dept. (ITD)
❑ Settler's Irrigation District
❑ Building Department
❑ Republic Services
❑ Police Department
❑ Parks Department
❑ Central District Health Department
❑ Fire Department
❑ Other:
Applications) Required:
❑ Administrative Design Review
❑ Conditional Use Permit Mod'rficationlTransfer
❑ Rezone
❑ Alternative Compliance
❑ Development Agreement Modification
❑ Short Plat
❑ Annexation
❑ Final Plat
❑ Time Extension— Council
❑ City Council Review
❑ Final Plat Modification
❑ UDC Text Amendment
❑ Comprehensive Plan Amendment — Map
❑ Planned Unit Development
❑ Vacation
❑ Comprehensive Plan Amendment — Text
❑ Preliminary Piat
❑ Variance
❑ Conditional Use Permit
❑ Private Street
❑ Other
Notes 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except fora vacation or short plat); and 2) All applicants For permits requiring a public hearing shall post
the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text (amendments, and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Paan. Any subsequent changes to the UDC and/or Comp Plan may
ati'ect your submittal and/or application. This pre -application meeting shall be valid for four (4) months.
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Per Unified Development Code (UDC) l l -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is -received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC I I -5A-5.
licant/agent slin, re Date
Community Development ® Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 w��a�,meridi:mcit -.ore nlannina
Er /� Meridian City Hall, Suite 102
ID
I � 33 E. Broadway Avenue
Meridian, Idaho 83642
Community Development 208.887.2211
Department
Parcel Verification
Date: 2/29/16
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Maverik Store
Parcel Number: S1107110321
Acres:
T/R/S:
M=1 -7j
3N 1E 07
Address Verification Rev: 04/23/12