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Maverik located at 1515 E. Fairview Avenue on the Southwest Corner of E. Fairview Avenue and N. Locust Grove H-2016-0027
(6-R ecDpdil-y to -Fly ©w/✓� odd lew CtAd ,Lotcwy kmto olcot ADA COUNTY RECORDER Christopher D. Rich 2017-051965 BOISE IDAHO Pgs=53 BONNIE OBERBILLIG 06/08/2017 02:03 PM CITY OF MERIDIAN, IDAHO NO FEE Recording Requested By and ADA COUNTY RECORDER Christopher D. Rich When Recorded Return to-. 2017-055347 BOISE IDAHO Pgs=55 HEATHER LUTHER 06/16/2017 04:40 PM City of Meridian CITY OF MERIDIAN, IDAHO NO FEE 3$ E. Broadway Meridian, Idaho 83642 SPACE ABOVE THIS LINT~ FOR RROORDER'S USE ONLY DEVI*{_CWPMENT AGREEMENT PARTIES: I. City of Meridian 2, Bussell S. Barger, Owner 3. Maverik, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this & day of 1)nre , 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. Charger, whose address is 8882 W. Clovis Drive, Boise, Idaho 63709, hereinafter called "Owner" and Maverik, Inc., a Utah corporation, whose address is 680 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 r� 1.2 WHEREAS, Idaho Code § 67-6511 A 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 11-58.8 of the Unified Development Code ("U00"), 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 1.6 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 DEV94OPMENT AWNUIVIrWr--MAVERIK (H 2DI6.0027) PAGi 1 OP51 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,PEVPMENT AGREEMENT (this "Agreement"), is made and entered into this day of .S 0EL , 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 is185 S. State Street, Suite 800 Salt Lake City, UT 84111, 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 DEVELOPMENT AGREEMENT - MAVERIK (H-2016-0027 PAGE 1 OF 51 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 8862 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 deveioper(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: a. Future development of the Property shall be consistent with the design standards listed in UDC 11-3A-19 and the guidelines in the Architectural Standards Manual. DEVELOPMENT AGREWENT- MAVrfiIK (H-2016-0027) PAGE 2 0FBI b. Prior to the Planning and Zoning Commission hearing, the Developer 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 (LEASED BY LAMAR) nearest the corner OF FAIRVIEW AND LOCUST GLOVE 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 Property along E. Fairview Avenue and N. Locust Grove Road with the first phase of Development in accord with UDC 11-38-7C. The Owner intends to seek a lot split, subdivision, or short plat of this current parcel that will change the southern boundary from the current configuration. Owner shall comply with all City requirements for development of the final southern boundary of the subject parcel once complete. e. The Developer shall construct a 5 -foot wide detached sidewalk on N. Locust Grove Road. f. The Owner shall provide cross -access to 1375 E. Fairview Avenue (parcel # R4239560010) and to the southern portion of the subject Property; the cross -access agreements shall be recorded prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Any future development of the Property must comply with the City of Meridian ordinances in effect at the time of development. h. The Developer 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 Developer shall extend sewer and water to the Property with the development of the Property. j. No direct access to E. Fairview Avenue shall be permitted, k. The Developer 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. See section 5.2. m. Include the terms of the billboard leases as an exhibit in the development agreement. n. The billboard signs on the Property at the time of the execution of this Development Agreement shall not be included in the calculation of the allowed square footage for signage under the UDC on the Property, including that portion of the Property to be developed by Developer, Maverik, Inc. 5.2 The Property is encumbered by certain billboard leases, which leases are attached as Exhibit C to this Agreement. The lessor (that is, Owner) and the 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 as provided in Exhibit D, if such billboard structures are not removed by the lessee or Owner within 30 days of the billboard leases termination date of September 30, DEvELopMENT AGREEMENT- MAVERII{ (H-2016-0027) PAGE 3 OF 51 2027, Owner hereby gives City and/or Developer permission and license to enter onto the Property for the purpose of removing such billboard structures and, 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, which surety agreement ensures City shall have the funds available to remove such billboard structures if such billboard structures are not removed by lessee, Owner or Developer. 6. COMPLIANCE PERIOD: Pursuant to permission granted by the Meridian City Council, Developer has agreed to sign and return this Agreement to City no later than June 2, 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 §§ 676509 and 676511. 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. S. 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 faits to adopt the ordinance in connection with DEVELOPMENT AGREEMENT -MAVERIK (H-2010-0027) PAGE 4 OF 51 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 013DINANGES: 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 it 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 Cleric City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 r OWNER; Russell S. Barger 8852 W. Clovis Drive Boise, ID 83700 With copy to: City Attorney City of Meridian 38 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 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. DEVELOPMENT AGREEMENT— MAVERiK (i-1-2016-6027) PAGE 5 of 51 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 hearings) in accordance with the notice provisions provided fora 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.] DEVELOPMENT AGREEMENT-- MAVERIK (Iii -2016-0027) PAGE 6 oF51 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Russell S. Berger DEVELOPER: Mavo ik, Inc., a Utah corporation By: Printed Name: Its; cry OF MER;rem/ By: &Ce�j),Alej& ATTEST: Colds, City Clerk Diivnopw NT AGREEMENT-- MAMIK (H-201 6-0027) RAGE 7 OF 51 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. AtJA LEON Notary Public, State of Idaho My Commissign Expires Nov, 02, 2017 STATE OF ss: County of Notary Public for Residing at:�,9 ; r\ ,'4�L C 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, 1 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: STATE OF IDAHO ) ss County of Ada On this da f Q 20Zbeforeme,a Notary Public, personally appeared Tammy de Weerd and Jay Coles -know or 'Ventified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed t instrument or the person that executed the instrument of behalf of said City; and ack wledged toye that such City executed the same. 1N WITNESS WHEREOF, I have year in this certoetl'Yii'ijpve written. (SEAL) ! 4V� t■ > a set my hand and affixed my official seal the day and iwtaiy ruonc To ano � Residing at: Commission expires: DEVELOPMENT AGREEMENT — MAVERIK (H-2016-0027 PAGE 8 OF 51 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. - - - - - - - - - - - - - ANA LEON Notary Public, State of Idaho My Commission Expires Nov, 03, 2017 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) Notary Public for Residing at. My Commission Expires: STATE OF IDAHO ) : ss County of Ada ) On this day of N UA -P 2017, before me, a Notary Public, personally appeared Tammy de Weerd and C. Jay Cotes, know or identified to rile to be the -Mater -and Clerk, ®®��A respectively, of the City of Meridian, who executed the instrument or the person that executed the f I&Ia&/V I�.�, 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 cert fia&L11i 9t0agpy e written. (SEAL)lv' �., 0 i tj*10 Notary Public fo Idaho y ,�, • Residing at: �O "Alt : Commission expires: .,*sense* DEVELOPMENT AGREEMENT— MAVERIK (H-2016-0027) PAGE 8 OF 51 IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, Russell S. Barger DEVELOPER: K4avehk Inc.,Utah corporation Printed Name: /4� RTZ Its- epol Mayor Tammy de Weerd C, Jay Coles, City Clerk DEVELOPMENT AGREEMENT -MAvsnm(H-201G-0027) PACE 7op51 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) Notary Public for Residing at: My Commission Expires: STATE OF V ) County of ls�--s. ) Can this __L day of 2017, before me, the undersigned, a Notary Public in and for said State, personally appeared f, M . 1-0 VL Z , known or identified to me to be the (V R °t" C -EQ 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. STATE OF IDAHO ) ss County of Ada ) 6&m& /V Notary Public for Residing at:� My Commission Expires: '511 -6 o 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: a DEVELOPMENT AGREEMENT-- MAVERII((E -201600027) PAGE 8 OF 51 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 3-27-17 1MRIDIAN, IDAHO LEGAL DESCRIPTION PART OF NORTHEAST QUARTER OF SECTION 7. TOWNSHIP 3 NORTH, PANGS 1 FAST, BOISE MERIDIAN. U.S. SURVEY, DESCRIBED AS FOLLOWS: MGMnNG AT APOINT ON THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD, SAID POINT 13EING 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 OFLOCUS'F GROVE ROAD THE FOLLOWING (2) TWO COURSES: (1) SOUTH 240.79 FEET AND (2) THENCE SOOc38'30"B 44333 FEET; THENCE N37'48'5 1"W 312.79 FEET; THENCE N55047'51"W 117.23 FEET; THENCE S84 -17'21'V 48.98 FEET; THENCE N00°00'15"E 326.80 FEET, THENCE N21°5021"E 80.24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF FAIRVIEW AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LIM THE FOLLOWING TWO (2) COURSES: (1) N89°3429"E 28.09 MT AND (2) S88°46'30'E 253.48 FEET; THENCE S46017'39'E 29.01 FEET TO THE POINT OF BEGINNING. CONTAINING 168,903 SQUARE FEET OR 3.877 ACRES Solutions You Can Build On- Clvil ung goofing- Lmd Plsotcag - Structural Engwoering . Lmdsc" Architecture. Land survc)ing . Caostruction iJatveging 5160 Sotdh 1500 West. Plva,dWc,Utah84405 •Tel: 801-621.3100.Fw ODI.621.2666 ogdm@rocv"=r-com.reeve•easmm m EXHIBIT A -1 NOM QUAgUR COMtER EXHIBIT �' TOWru1pP EXHIBIT MAP TO ACCOMPANY LEGAL DESCRIPTION 3 p0t5E'ylAFl�U ANNEXATION AREA svrry FWFn Bt+15s MERIDIAN, IDAHO UMNEW CORM Of GV' 40197i1ENT NOV"" 1641.0 SECf1011 7. TO`i11iSAP 3 — —_ HOft1}I RAti(:E 1 EAST FAUN W AMLS ul 4Ef9p5V1, US. Fkio'3c'?9't: ,� b SURVEY. FOUtF] BIt1�53 ?ti09' 8956 WE 263.40' 8 I OM WNUVW Nwmr P.0.9_ 481V I �f k t 3.W7 I fh SCALE 1"-100' I� eeve Imo., i� { tty$n r SV t7'2S'Yi v Afd947ln, 60, �. l glint I11M 0440 wff r> dry I flmlL� vii-2m Im M5 N+ f A�a�u� ® ummm t I '6. I Iffeddiao, Idaho I I - GS-9-t1 OJrCT H0: 31i#- FMWWW RfRAR MMO CW Y, WRM C9C PLA 6092 EQU R Cc EXHISITA-2 EXHIBIT B FINDINGS OF FACT AND CONCLUSIONS OF LAIN AND DECISION AND ORDER CITY T, CONCRIDLUSIONS CUE FINDINGS OF FACT, CONCLUS10N5 OF I.A'1V AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 3.907 Acres of Land with a C -C Zonfng District, for the Property Located at the southwest corner of E. Fairview Ave. and N, Locust Grove Roads in the NE % of Section 7, Township 3N., Range IE., by Maverik, Inc. Case No(s), AZ -15406 For the City Council Hearing Date of. June 7,206 (Findings on June 2I, 2016) A. Findings of Fact 1. Hearing Facts (see attached Safi 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, 2416, 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 I. The City of Meridian shall exercise die powers conferred upon it by the "Local Land Use Planning Act of 1475," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2, The Meridian City Council takes judicial notice of its Unified Development Cade codified at Title i I 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 § I I -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 shalt 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 tAw AND DECISION & OF -DER CASI:NO(S}_ tl-�oib 047 t E=XHIBIT 13 -1 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the heating date Of dune 7, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition ofapproval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 dale 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 properly owner and returned to the City within six (6) months of die City Council granting annexation and/or rezone (UDC €1 -5B -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 i I -$B -3i'). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 'no Applicant is hereby notified that pursuant to Idaho Code 6711003, denial of 11 development �. application endtIcs 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) Clays 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 Cade, F. Attached: Staff Report for the hearing date of lune 7, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(5), 11 3016-0027 -2- EXHIBIT B - 2 By action of the City Council at its regular meeting held on the oc 1 day of 2016, COUNCIL PRESIDENT KEITH BIRD VOTED AS COUNCIL VICE PRESMENT JOB GORTON VOTED P,`� COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MI?MBPR TY PALMER VOTED ` COUNCIL MEMBER LUICE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED- a��-�- MA'Y'OR TAMMY de W ESRD VOTED ' (TIE BREAKER)' Attest: Mayor Tan64 Waerd r7rrnt 'm per_ W .IaayUones -�,� � 3�Ai City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated:ip /o'>, / I City Cwth Ofltce CITY OF MERIDIAN FINDINOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), H-2016-0627 -3- EXHIBIT B - 3 STAT: F REPORT Hearing Date: TO: FROM: SUBJECT: Exhibit A June 7,2016 (Continued from May 3 and May 17, 2016) Mayor and City Council Josh Beach, Associate City Planner (208) 884-5$33 Bruce Frecidetan, Development Services Manager 208487-2211 Maverik - AZ (H-2016-0027) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDR IANA-, The applicant, Mavcrik, 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 S, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian P(anniggc_onin�Commisyion heard these items op April 7, 2016. At the�nblic hearing, the Commissipn moved to recommend approval ofthe subiect AZ request to City Council. a. Summary of Commissign Public Hearing: I. In favor: Todd Meyers ii. In opposition: None Ill. Commenting: David Gronbeck Iv. Written totlmanv: None v. Staff presenting nppl[eation: Josh Beach vi. Other staff cammentiug_on_appiicntion:_ Bill Parsons IL I{ey issues) of Public Testimony: i. None c. Ke Issues of Discussion by Commission: I. The number of access points on Locust Grove If. Timing of removal of the billboards ill. Mechanism for the city to track the removal of the billboards if tine property_ is nriaoxed m4 the - d. if. Add condition 1.1.1L (See condition 1.1.1M for chnnees) iii. Modifv condition LLIC (See condition 1.1.1 C for changes) Iv. Remove condition 1.1-13 v. Add condition IJAM (See condition 1.1.1M for chnnees) Outstanding Issues) for City Council. MavMk - AZ 11-1016-0027 EXHIBIT B - 4 PAGE I Exhibit A 1. 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 staf'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 -20I6-0027 as presented in staff report for the hearing date of May 3, 2016 for the following masons: (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 PACT'S a. Site Address/Location: 1515 E. Fairview Ave. (Parcel # SI 107110321) The site is located at the southwest corner of E. Fairview Avenue and N. Locust Grove Road, in the NE V4 of Section 7, Towttship 3N., Range IE. b, Applicant: Maverik, Inc. 880 W. Center Street North Salt hake, UT 84054 c. Owner, Russel S. Barger 8852 W. Clovis Drive Boise, ID 83709 d. Representative: Mate 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. Thu 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 S. b. Newspaper notifications published on: March 21, 2015 and April 4, 2016 (Commission) April l t and April 25, 2016 (City Council) c. Radius notices mailed to properties within 300 feet on: March 14, 2016 (Commission) April 8, 2016 (City Copncill d, Applicant posted notice on site by: March 28, 2016 (Commission) Aoril 2l, 2016 (City Council) Mdvcdk - AZ H-2016-0027 EXHIBI-f B- 5 PAGE 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 )tomes in the Keziah Subdivision, zoned RAO 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 sball 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 tvas 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 remedinHon 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, mull -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. Mawrik - AZ H-201&0027 EXHIBIT B - 6 PAGE Exhibit A Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to lite proposed development (staff analysis in Italics): "Require all commercial and industrial businesses to install and maintain landscaping." (2.0I.0313) The applicant is required to provide street buffer landscaping along E. Fairvl etv Ave and along N. Locust Grove Road. The applicant is also responsiblefor installing internal parking lot landscaping In accord with the standards sel forth in UDC 11-38. "Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (3,06.02F) The subject propero, abuts E. Fairview Ave on the north and N. Locust Grove Road alt the east. ?'hese roads are both classfed as arterial roadnays and require a 25foot landscape buffer: These buffers must be landscaped in accord svitlr the standards listed in UDC 11 -3B - 7C. "Plan for a variety of commercial and retail opportunidcs within the impact Arca." (3.05.017) The proposed convenience store and fire! sales faeilio• will contribute to the variety of uses in the southern part of the city and will provide a needed service for nearby residents. "Reduce the number of existing access points onto arterial streets by using mcthods such as cross -access agreements, access management, and frontagelbackage roads" (3.03.02N) The subject property currentiv,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 e-risting crass access with the propero, to west for fire access to Fairview Ave and maintain the existing right ill, right out access onto N. Locusl Grove as ivell as oneftrll access. ACHD has indicated support of a j dl -access drivaivay onto N. 4ocust Grave; hors -ever, staff does not support this request. The applicant will need to seek the approval from City Council for the fill( 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." (3.01.01 F) City server and }Vater services are available to be extended to the subject pr opero, with development of the site. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3-06.0 IF) Staff believes fire proposed convenience stare/fuel sales faellity are a cornpalible 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 nrtrlti-rtsg palhtvpy and landscape bt&r that seas installed as part of the Keaiah Subdivision (PP -02-06), The width of the landscape buffer rangesfrom approxintatel},100 feet in width to approximately 40feet In width. Per the UDC, the applicant is responsible to construct a 25foot landscape buffer along the south boundary of the property. The landscape bu,(fermust be constructed with thefrrst phase of the development. Muvan'k - AZ H•2016-0027 EXHiBIT B -7 PAGE4 Exhibit A "Requirc all now and reconstructed parking lots to provide landscaping in internal islands and along streets," (3.01.01 G) Planter islands are proposed within the parking areas and will 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. 7ha subject property is current! v developed ivilh a junk yard Sta0has concerns rrlated to the potential for contaminants in the soil of the subJect praperrv, due to its current use. Staff has consulted with the department of Environmental Quality (DEQ), there have been no violations art this property. DEQ has indicated that there were specifte pracedures to test the salt far contanrhtunts•, as ivell as- specifc procedures for rentediating anv contaminants that may befound A recommended provision ofthe development agreement requires the applicant to coordinate with DEQ and rcmediate ilia site in accord with their standards. "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues arc not of concern." (5,01.01 D) 77je size of the drain and the volume of water do not present a public safety concern in this case. 7'he southern side of the drain contains a pathu,gv and open space that was provided with the Keziah subdivision. Further, the Jackson Drain is protected watenva,v and should remain so with the development of this site, "Pursue sidewalk construction for existing substandard streets." (3.03,02D) Currently, the Fairviewfrontage is lacking ilia required detached 5 -fool wide sidewalk. ACHD has a sideu alk project plannedfor this segment of Fairviciv Ave this year•. Per ACHD if the sidenvalk project Is awarded to a contractor prior to development of this site, the applicant will not be responsiblefor the construction of the sidewalk Hmvm er if a CZC is submitted prior to Nie contract being awarded, the developer is responsible for the construction in its ultimate location as determined bvACHD. "Coordinate with ACHD, ETD, COMPASS, and other agencies to determine future infrastructure 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 will be required along E. Fairview and N. Locust Grose to accommodateftrture widening ofthe intersection. The needfor additional right•ofwayfrom this parcel may affect the location oftlre crass -access to the western parcel, and the installation oftlre 25feel oflan&caping adjacent to E. Fairview Avenue and N. Locust Grove Road. Staff recommends a revised site plan prior to the Planning and Zoning Commissions hearing to ensure that these requirements 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. S. 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 ilia location of the district in Mavaik - AZ H-2016-0027 PAGES 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 ofretail, 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 11-4-3-2t1. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC Table: 11-28-3 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 -SC, street buffer standards listed in UDC I I -3B -7C in accord with UDC Table 11-2B-3, E. Off -Street Parking: UDC 11 -3C -6B requires 1 space for every 500 square feet of gross floor area. F, Self -Service Uses: UDC I I -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 ofCiV 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 remedinte 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. Mavcrik - AZ H-2016-0027 PAGE 6 EXHIBIT 8 -9 Exhibit A Tire applicant must comply with this requirement. B. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20'). Tite applicant must 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 (1(Y) of any abutting residential districts. The applicant must comply with this requirement. 1). 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 far this site the applicant must obtain conditional rise permit approval for the extended hoursofoperatton as noted below: Hours of Operation. In accord with UDC 11-213-3, business hours of operation within the C -G zoning district arelimited from 6 am to i i 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, n concurrent CUP application was not submitted with the subject annexation request. Nonconform III es 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) year. 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 I I -3A-7 and must be removed within 60 days of annexation into the City. Landscaping: Currently, the site does not meetthe landscape standards set forth in UDC 11-3 B. Because th€s 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; ail landscaping should comply with the standards listed in UDC 11-3 B. A 2$ -foot wide street buffer is required along M Locust Grove Road and E. Fairview Avenue which are both considered arterial roads, as well as along the southern boundary adjacent to the Mavea - AZ. H-20 t -0027 PAGE 7 EXHIBIT B-10 Exhibit A RAO zoning, district to the south (Keziah Subdivision). Ali landscape buffers are required to be landscaped in accordance with UDC 11 -3B -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 watenvay 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 no 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 las been in place on the site, staff is concemed with the environmental quality of the site. Staff' recommends that phase i 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 remediale 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 137S 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. ACHD 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 rigbt-of-way to total V -feet from centerliue of Fairview Avenue to accommodate future widening (approximately 16 -feet additional at the west end, and 134eet 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 ACRD project has not been awarded, then the applicant will be Mavcrik - AZ H-2015-0027 PAGE S EXHIBIT B -11 Exhibit A required to construct the sidewalk in its ultimate location, or provide a road trust to ACRD for the cost of the improvements. The applicant should be required to dedicate additional I1-fect 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 comer 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 ACI.1D 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-nut 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 1 I - 3A -17C. Locust Grove Road has an existing attached sidewalk. If additional right-of-way is needed by ACRD adjacent to N. Locust Grove Road, the applicant shalt construct a 5 -foot wide detached sidewalk on N. Locust Grove Road. Parking: Per UDC I I -3C -6B, in commercial districts, one off-street parking space is required per $00 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 I t -3C -5C. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC I 1-3A-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 A vehitectural 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 ofMcridian 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 mview 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 stafffinds the proposed project complies ivith the future land use map and applicable policies ofthe Comprehensive plan and the UDC ivith the conditions afapproval listed in Exhibit B. Based on the aforementioned analysis, srajf reconimends approval of the subject application, A. Drawings 1. Vicinity Map Maverik - AZ H-2015.0027 PAGE 9 NV411111:3111AMN Exhibit A 2. Proposed Concept Plan (dated: 04127115) 3. Proposed Elevations B. Agency & Department Conditions or Approval C. Legal Description and Exhibit Map for property to be annexed D. Required Findings from Unified Development Code MuYttik - AZ H-2016-0027 EXHIBIT 5 -13 PAGE 10 Exhibit A A. Drawings L Vicinity/Zoning Map Vicinity Map o oora 07l9es Rtt O,n 34Ut0Ii Ntaverlk A7. H-2016-0027 Cm,m117ka-I l! F,UP PAGE 20 Exhibit A 1, Concept Plan (NOT APPROVED) (dated; 04/27/15) 1 IIT- .-.. 5 1 r \ t 1 mrxa , 1 Q Mnvrrik — AZ H-2016-027 EXHIBIT B -15 PAGE 21 Exhibit A 2. Proposed Elevations I 1111 iM friM., I P I fl I 5115-fi MEMDLAN, IDAHO Mavcdk - AZ H-2016-0027 EXHIBIT B -16 Sm r. jzw PC I I, el Il PAGE 22 Exhibit A 'Mi1 -4 -d mill � NiavMk - AZ H-2016-0027 JZH 0 �filtlzilplffll? a r. Jzkl ICHII tal . PAGE 23 Exhibit A B. Conditions of Approval 1. PLANNING DMSI©N 1.1.1 A Development Agreement (DA) is required as a provision of annexation and zoning of this property. Prior to artaexation 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 1t - 3A -19 and the guidelines in the Atchitectural Standards Manual b. Prior to Planning and Zoning Commission bearing, the applicant submit a revised concept plan that incorporates ACHD ROSY 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,-wd-etre-(1-}eight-inlrlght-out—a l:,euKt-Grove-Read. c. The junkyard use, fencing and file billboard nearest the corner+kk an eonfeattities aeeur g en -the site xlr yard use, iflegul 5;s„s and-feaeL9g4 shall be removed or cease within 60 days of annexation into the City. d. A minimum 25 -foot widc 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 25 -foot wide landscape buffer abutting the residential property to tha 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 Zpm;io the %mblect property; the cross -access agreement shall be recordcd prior to submitting an application for Certificate of Zoning Compliance and Design Review. g. Any future development of the site roust comply with the City of Meridian ordinances in effectat the time of development, h. The applicant shall complete phase i and phase 2 environmental assessments in accord with DEQ standards prior to submitting a certificate of zoning compliance application, i. The applicant shall extend server and water to the site with the development of the property. •, N. ,-Lori' Greve R eive�Rless4=e4ull aeaess ig [lpp�ay8d by CidSgynai[ in -sera with r DG 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. Mavchk - 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 terra has expired. m. Include the terms of the billboard leases as an exhibit in the development agreement, 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPi:cii:ic CONDITIONS or 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 littp://w%vw.meridiancity,org/publie works.aspx?ida272 2.2 GENERAL CONDITIONS Or 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 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 scorer and watcr 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 ensement(s) for all public water/sewer mains outside of public right of way (include all waterservices and hydrants). The casement 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 foram. The easement shall be graphically depicted on the plat for reference purposes, Submit an executed casement (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 casement (marked EXl-11BIT A) and an 81/2" x I I" map with bearings and distances (marked EXHWIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. pp 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 1213-8.3). The applicant should be required to use any existing surface or well water for the primary source. If surface or well source is not available, a single -point connection to the culinary water system shall be required. if a single -paint connection is utilized, the devcloper 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 arc required to be removed shalt 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 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law orregulatiom Maverik - AZ H-201"027 FOR III 11-.1k11"A M1N PAGE 25 1011t,11741 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9 -IA 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 pian 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 I 1-12-3H. 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 1 -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 ACRD. 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. 12,19 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 forret 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. POLICEDEPARThtENT Maaerik - AZ H-2016-0027 PAGE 26 VHISIT B - 20 Exhibit A 4.1 The Police Department has no concerns related to this application. 5. PARKS DEPARDIENT 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 ofthe trash enclosure. 7. ADA CoUN'PY HIGi %%IAY D1sTRIcT 7.1 This application is for annexation/ rezone. When ACHD receives a development application for a specific development, ACHO will set forth site specific conditions of approval, as noted below. 7.1.1 Dedicate 13 to 16 -feet ofright-of-way on Fairview Avenue. This segment ofFairview Avenue and the intersection is in the CIP, so the applicant wilt be compensated for right-of-way dedication. 7.1.2 Dedicate I I -feet ofright-of-way on Locust Grove Road. The Fairview/Locust Grove intersection is in the CIP, so the applicant will be compensated for eight -of -way dedication. Include a triangle at the comer 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 ACRD pedestrian improvement project on Fairview Avenue has been awarded to a contractor prior to submittal ofthe CZC application. then the applicant is not responsible for sidewalk improvements. Ifthe ACHD 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 ACRD for the cost of the improvements. MA Utilize the existing shared right-in/right-out driveway on Fairview Avenue, located 390 -feel west of 1` Locust Grove Road. If not existing already, provide a cross access agrecriuent. -_ 7.1,5 Reconstruct the right-in/right-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 an Locust Grove Road located 413 -feet south of Fairview Avenue, with curb, gutterand sidewalk to match existing improvements, 7.1.7 Construct a full access driveway an 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 building permit. 7.1.9 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 ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD right-of-way. Mnvenk - A2. H•2016-0027 PAGF 27 EXHIBIT B - 21 Exhibit A 71.3 In accordance with Districtpolicy, 7203.3, the applicant maybe 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 casement areas. 7.2.6 All utility relocation costs associated with improving street frontnges 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 ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old we not allowed unless approved in writing by the District. Contact the District's UtilityCoordinatorat 387-6258 (with file numbers) for details, 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State ofldaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. / 7.111 No change in the terns and conditions of this approval shall -be valid unless they are in writing and tt signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planting 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 waiverlvariance of the requirements or other legal relief is granted by the ACHD Commission. Mavcrik - AZ H-2016-0027 EXHIBIT B - 22 PACK 28 C, Lcgal Description and Exhibit Map 4wReeve +<; Associates, Inc. 02-18.16 Exhibit A MERIDUN IDAHO LEGAL DESCRIPTION PARTOf THENORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE I EAST, BOISEWRI1NAN, DESCR18E1) AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OFFAIRVIEW AVENUE, SAID POINT BEING NSV53'54-W ALONG THE SECTION LINT; 80,82 FEE -AND S00'0SW W 28.92 PERT l' ROM THE NORTHEAST CORNER OF SAID SECTION?; THENCE S46'I73rE 45.48 FEET TO THE WESTERLY RIGHTOF WAY LINE OF LOCUST GROVE ROAD, THENCE DUE SOUTH ALONG SAID WrSTGRLY RIGHT OF WAY LINE, 678.05 FEET TO THE NORTH LINE OF KMAH SUBDIVISION; THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COMES, (1) N1744FO01W 304.99 FEET; (2) N5504T001W 117.23 FEET; AND (3) S84°25'50"W 48.86 FEET; THENCE N00°00'15'E 325.80 FEET; THENCE N21 -56'21"R 86,88 PEETTOTH9SOUTHERLY RIGHT OF WAY LINT: Or FAIRVIEW AVENUE, THENCE SS9°58'54"E ALONG SAID SOUTHbRLY RIGH 1'0F WAY Lft, 267.13 PFEI-1 G-mii Poll OF REOINNINO, CONTAINING 170,190 SQUARE FEET OR 3,907 ACRES MnvcHk - AZ H-2016fi027 EXHIBIT 8 - 23 PAGE29 Exhibit A EXHIBIT EXHIM UAP TO A=UPANY LEGAL 0>: MPT10N MlNWTION Ar*A VMNAN, IDMO Ywawmw "Air "��� j uauniusr tmru�e o� Mavcnk - AZ H-2016-0027 EXHIBIT S - 24 PAGE 30 Exhibit A D. Required Findings from Unified Development Code I. Annexation & zoning Findings: Upon recommendation from the Commission, the Council shall snake a full investigation and shall, at the publ[c 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. Tito map amendment complies with the regulations outlined for the proposed district, spocifically 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 materio4y 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 nay 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 oily 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 (UAC i 1,5B -3,E). 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 [cases have expired. Mavcrik AZ H-2016-0027 EXHIBIT B - 25 PAGE 31 EXHIBIT C EXISTING BILLBOARD LEASES CAN"N Outdoor Media, LLC PO Box i 6661 Bolsa, Eli 8371 S OUTDOOR ADVERTISING GROUND LEASE AGR.EEWNT 13Y THIS LEASE AGREEMENT, made this day of s�� �,C a r + , 206 by and between (liminaAer called "Lessor), and Canyon Outdoor Media LLC, (hcminafrcr called "Lesseo"), the parties agree to the below described terms and conditions. 1. Lessor hereby leases to Lessee, a tmcl of land (hgreinaRer cal d the "Lease Site") located ret S-/ ti r rt 1f�x Lt'1 K f.4 rs i . for the purpose of erecting and mUn—WrAng an outdoor advertising structure together with the necessary easements, right"f--way and access over and across the Lessor's premises for the construction, maintenance, servicing and removal ofsaid advertising structure, subject to the terms and conditions set forth herein. Lessee bas the right to establish, at Lessee's expense, electrical service across Lessor's property to said outdoor advertising structure. Lessor well not tease 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. ?bis Lease shall be for it term of't'en (f 0) years, commencing on the first day of the month following tee erection of the advertising structure ("Sign Completion Date"), lessor grants to lessee the right to renew this agreement for an addhitipal Ten (10) year term. ( 3. As consideration for the rental of the Lease site, easements and rights herein provided, Lessee shall pay the passor the sum of, ,rl_CG� /elm+» (S �—' )per year. AF Z9eugr5;rdr l;it^z y.uorl d. lessee will be responsible for obtaining any and all pmm its required to erect and maintain an outdoor advertising structure. Lessor will cooperate, ifncedcd 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 struclum. G. 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 "fixitu es" of 1he property and may be removed by the Lessee within ninety (90) days upon terminaton of "s Lease or any extension thereof. 7. Lost agirees to erect thv outdoor advertising Structure in accordance with all applicable laws and all local ordinances. S. Lessee agrees to save Lessor harmless from any and all claims or damage, caused by or resulting from any negligent or willfnl act of Lessee or Lessee's agents oremploycm in the construction, maintenance, repair, alteration or removal ofLessec'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 ofbodity injury or physical property damage caused by or resulting from any negligent or willful act of i..essoror 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 IG. Lessor will not erect any stn CI= or signage that interfere with the view of the outdoor advertising display or copy from the adjacent Hghoof--way. 11. If for any reason, Lessee is unable to build or maimnin nn 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 mspective heirs, personal reptesentadves, successors, trustees and assigns. This Lease is assignable, 13. In the event of condemnation by any Inwful government authority, Lessee shall have the right to participate in any condemnation award or settlemeat to the extent of -the Lessee's damages for, the loss of the use of the outdoor advertisbig structure(s), the cost of temaval from or replacement of on the above described premises, and the loss of the leasehold intetrgt 14. Lessor shall have the right to utilize vacant ndvettising spact, for the business located on said property. Lessor shall pay all production cost 15. It is expressed and understood that ail Information contained herein is strictly confidential. 16. Lessee shall deliver to Lessor, upon signing thls agrcanrenl, 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 Wr(WESS WHEREOF, the parties hereto have executed this Lease as ofthe day and year Inst Above written. CANYON OUTDOOR MEDIA L.L.C. LESSEE- Name:�o EXHIBIT G - 2 LESSOR: e-� y Name: Outdoor Media, LLQ 6354 N. Park Meadow way Suite®207 liaise, Iddto 83713 pdttxae 208.938,8880 fez 208.93t1.88S0 OUTDOOR ADVERTISING GROUND LEASE AGREEMENT BY THIS LEASE AGREEMENT, made this 6 'day of %� 2006 by and between 4fe} %�t (hereinafter called Lessor"), and Canyon Outdoor Media LLC, (hereinafter called "Lessee"), the parties agree to the below described terms and conditlons. 1. Lessor hereby leases to Lessee, a tract of land (hereinafter called the "Least Site") located at , y /S r-- 14Pr&,-x. �r 3 for the purpose oferecting 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 ofsaid 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 ofthe above described premises. 2 This Lease shall be for a term ofTen (10) years, commencing on the first day of the month following the erection ofthe advertising structure ("Sign Completion Date'). Lessor grints to lessee the right to renew this agreement for an additional Ten (10) year term 3. As consideration for the rcntal of the tease sitess easements and rights herein provided, Lessee shall pay the Lessor the sura of eG %%) c�K�S �n �Y _ (S.per year, A. Lessee will he 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 Lessec and shall not be considered "fixtures" of the property and may be removed by the Lessee within ninety (90) days upon termination ofthis 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, alienation or removal ofLessee'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 or Lessor or Lessor's agents or employees, 9. Lessee fins the tight 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 signagc that interfere with the view of the outdoor advertising display or copy from the adjacent right-of-way. tL If for any reason, Lessoo is unable to build or maintain an outdoor advertising structure, to Lessee's satisfaction, on the Lease site, at Lessee's option Lessee may canal this Least upon Thirty (30) days prior written notice to Lessor. 12. Thu Lease shall be binding upon the Parties hereto, their respective heirs, persoaal representatives, successors, trustees and assigns.'Mis Lease is assignable. 13. In the event ofcondemmulon byaay lawful governmentauthority, Lessee shall have the right to participate in any condemnation award or senlemeat to the extent of the Less= -s damages for: the loss ofthe use of the outdoor advertising struciure(s); the cost ofremoval from or replacement ofon the above described premisas; and the loss of the leasehold interest. 14. Lessor shall have the right to utilize vacant advertising space, for the business loaned on said property. Lessor shall pay all production cost 15. It is expressed and understood that all information contained herein is strictly confidential. 16. Lessce shall deliver to Lessor, upon signing this agreement, a check for One Hundred Dolfan (S 100.00) for earnest money. 17. This agreement may not be modified except in writing signed by lessor and Lesser:. 18. Lessee shall have the right of forst refusal on said billboard location and/or said property. IN IMITNESS WHEREOF, the patties hereto have executed this Lease as of the day and year first above written. CAWON OUTDOOR MEDIA L.L.C. LESSEE: LESSOR: By. Bye` Name: tK ,- % t ' � Ce"2 Name M 1400011 Slue! (ANY N Outdoor Media, LLC PO Dox 16661 Boise, Id 83715 OUTDOOR ADVERT1SM GROUND LEASE AGREEMENT SY T HIS LEASE AGREEMENT, made this,__ aL day of t � l , 2006 by and between k (hereinafter called "Lessor"), and Canyon Outdoor Media LC, (hereinafter called "Lessee"), the parties agree to the below described terms and conditions. 1. Lessor hereby leases to Lessee, a tract of had Abminofter called the "Lease Site") located at/5/5- -- r 'r!, a? e.a, Jk Pit t a—Y �--d for the purpose of erecting and maintaining an outdoor advertising structure together with the necessary easements, rigbis-of-way and access over and across the Lessor's premises for the construction, maintenance, servicing and removal of said advertising structure, subjectto 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 sald 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 tern of `ren (10) years, commencing on the first duty of the month following the erection oftho advertising structure ("Sign Completion Date"). Lessor grants to lessee the right to renew this agreement for an additional Ten (10) year terra. 3. As consideration for the rental of the Lease site, easements and rights hcivin provided, Lessee shall pay the Lessor the sum orz (S } per year. 0 OF/ oe,,. fasr� yrcavo�,o���. �tur�p�re�, G�r`Z h. Lessee will be responsible far o atut fats any an alt pennies required to erect and maintain an outdoor advertising structure. Lessor will cooperate, ifnceded by Lessee, in signing any forms, affidavits, etc, that may be required ofthe Lessee by the city, county or state. S. 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 tate Lessee etre and shall remain the property ofLessee 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 raid 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. Leasee agrees to caury, at its own expense, adequate liability insurance covering any such contingency so long as this lease remains in effect. Lessor agrees to save Lessee hamtless fom any and all claims or demands on account of bodily injury or physical property damage caused by or resulting tiom 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 utu=onably withheld. EXHIBIT C a 5 10. Lessorvrill not Mixt any struetute or signage that Interfere with the view of the outdoor advcrtis'uis display or copy from the adjacent right-of-way. 11. If for any reason, Lessee is unable to build or maintain an outdoor advcttising structure, to Lessee's satisfaction, on the Lease site, at Lessee's option lessee may cancel this Lease upon 7111rty (30) days prior written notice to Lessor. 12. This Lease shall be binding upon the Parties hereto, their resptetive heirs, peraonnl 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 awerd or settlement to the extent of the Lessee's damages for the loss ofthe use ofthe outdoor advertising strucntst(s); the cost of removnl &otn 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. Leswr shall pay all production cost 15. It is expressed and understood that all information contained herein is strictly confidential. 16. Lessee shall deliver to Lmor, upon signing this agreement, a check for One Hundred pillars ($100.00) for earnest money. 17. This agreement may not be modified except in writing signed by Lessor and Lessee, 16. Lessee shall have the right of first refusal on said billboard location and/or said property. IN WITNFSS WRI REQF, the parties hereto have executed this Lease as of the day and year first above wrinen. CANYON OUTDOORMEDTA L,L,C. LESSEE: LESSOR: By 'Nnnte 2-r✓ Name: fp—Q EXHIBIT C - 6 EXHIBIT D LETTER FROM BILLBOARD LESSEE AND LESSOR CAN"N Outdoor Media, l,i.0 1._ RO tiox 7561 Boase, Ib 83119 � _ _ 12127/2016 Russ Burger AMT Parts and Recyclers 1515 Eusl Fairview Ave_ Meridian Idaho, R36 2 Re: Clarity of End datt of Billboard Lease(s) Located at 1515 East rairtrie%k Ave. Meridian Idaho, 83642. Dear Mr. Charger. ` As per our discussions: The Lease(s) located at the above mentioned address twill end as of September 2027. As per our T.en&e Agreement Cntiyon Otatdoor Media LLC, vAll remove everydting above ground level at'said Billboard stntcturts within 30 days of the Lcase(s) ending. This is not nssignahle unless agwed by both parties, I hope this gives you some claritp: Unve nguin I nut looking forward to doing Business with you in the future. Thatllc you l`ur your lite and attention to this matier 5int:errly, c Curtis soo�. Itu- Rargc Canyon Outdoor Mcdia L.L.C. AIM r fort. , nd Rcc�clers 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 - 'I 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 $20,000A0. 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. S. 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 ie - 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 - a CITY OF MERIDIAN: Tammy de Weerd, Mayor STATE OF IDAHO ) ss County of Ada ) 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 E - 5 EXHIBIT" A Legal Description and Exhibit Map (&Reeve & Associates, Inc. 3.2.7-17 MERIDIAN, IDAHO LEGAL DESCRIPTION PART OF NOPTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, U.S. SURVEY, DESCRIBED AS FOLLOWS: BEGINNING AT APOINT ON THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE ROAD, SAID POINT BEING SOUTH 60.20 FEET AND WEST 48.00 FEET MOM THE NORTHEAST CORNER OF SAID SECTION 7; THENCE ALONG THE WESTERLYRIGHT OF WAY LINE OFLOCUST 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 X55°47'51 "W 117.23 FEET; THENCE S84117'211W 48:98 FEET; THENCE N001100'1511E 326.80 FEET; THENCE N21°56'21'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) S88°46'30'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 Cnn Build Onn' Civil Engineering. lAnd Surv*ing-Coo amW tm Surveying 5160 South 1100 West-Wverdxlo,Uiatr 04405 -Td: 801621-3100. F= 801621-2666 ogft@roeve-a=,_eom . reeva,amoccom EXHIBIT E - 6 NORTH OUARIER OORNIN OF BkxRON 7, Tdk1SIGP 3 NORRN, RANGE 1 E16T, SRJRVEY, FOUND BRASS c�P MONUMENT asnn•:e naY EXHIBIT E KBIT MAP TO ACCOMPANY LEGAL DESCRIPTION ANNEXATION AREA MERIDIAN, IDAHO NORTHEAST CORNER OF Nti953'S4 W 2641.07 SFCWH 7, TVNNW 3 RANGE 1 EAST, F/&tVRW AvEt+uC y [idEE LIou" Umm .S. `Tic,. R, CSM wuvwir FOUND REW WD CAA HARM CSC PLS 'Sofia EXHIBIT B r 7 eeve AFsodntn,llre. S spar swRi i� � R I tt , M' 1 021-2ffix w 1YrsI *Monk= Lna�mxm ��si aavaa c�.a�s.umarsxm� mavark IDC. maddiaa, Ids11a EXHIBIT B Billboard Location Depiction EXHIBIT C — Canyon Letter Outdoor Media, LLC ll PO Sox 16661 Balsa, 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 Uase(s) located at the above mentioned address will end as of September 202'7. Asper our Lease, Agreement Canyon Outdoor Media L.L.C. will remove everything above ground level or said Billboard structures within 30 days of the Lease(s) ending. 'I'his 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, CU1:tis7-Ma§S-01C1KT -Russ Barg Canyon Outdoor Media L.L.C. AMT Part Recyclers