Schucks CZC 06-079AA-
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CITY OF
14 IDAHO
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JUN 0 5 2008
City of Meridian
City Clerk Office
CERTIFICATE OF ZONING COMPLIANCE*
Date: June 1 2006
Project Name/Number: Schuck's Auto Su l — CZC-06-089
Owner: Ustick Marketplace, LLC
Site Address: Lot 6 Block I of Smitch er Subdivision
Proposed Use: Auto parts retail store
Zoning: C -G
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions
of approval for the Smitchger Subdivision (PP -04-037 and FP -04-081) and annexation for Meridian
Market (AZ -04-009). The issuance of this permit does not release the applicant from any previous
requirements of the other permits issued for this site.
Landscgpjpg The Landscape Plan prepared by Vawdrey Landscape Design on April 9, 2006, sheet
AL -01, is approved (stamped "Approved" on June 1, 2006 by the Meridian Planning Department)
with the following changes (see redline changes on plan):
I) The Landscape planter on the northeast corner of the site does not appear to meet
the UDC standards (I 1-3B-8C2A). The landscape planter shall be a minimum of
50 square feet and shall not be less than 5 feet in any dimension, measured inside
curbs. Furthermore, each interior planter that shall be covered with low shrubs,
lawn, or other vegetative groundcover.
2) Per UDC 11-3B-8CIA a perimeter landscape buffer shall be required along the
parking area on the west boundary. However, per the cross parking agreement the
buffer is not required at this time. If the owner/agent to the west does not mirror
the parking then the owner/agent shall construct the required perimeter buffer per
UDC 11-3B-8CIA standards.
3) UDC table 11-3B-1 requires woody shrubs be a two gallon pot minimum; revise
accordingly
Other than the above-mentioned change, the approved landscape plan is not to be altered without
prior written approval of the Planning Department. No field changes to landscape plan permitted;
prior written approval of all material changes is required.
Site PIan: The Site Plan, prepared by Mason & Stanfield on January 3, 2006, is approved (stamped
"Approved" on June 1, 2006 by the Meridian Planning Department) with the following change (see
redline change on plan):
1) Wheel stops shall be installed in the parking area along the western boundary.
Elevations: The Elevations prepared by Brian D. Russell Architects, Inc., January 1, 2006, are
approved with no changes from the Planning Department.
Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per
the approved specifications and in accordance with UDC 1 I -3A-15.
CCurbin : Per UDC l l -3B-51, all landscape areas adjacent to driveways, parking lots, or other vehicle
use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing
may be cut to allow for storm water runoff.
Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in
accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-
10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of
protection/relocation measures for the existing trees prior to construction. Any severely damaged
tree must be replaced in compliance with UDC 11-313-10-C.5.
Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B.
Project engineer/architect shall certify that the number and size of handicap -accessible spaces
conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have
signage in accordance per ADA and signed "Van Accessible".
Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be
constructed prior to occupancy.
Drainage Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully
vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18.
Fencing: Any required or proposed fencing shall be installed with current fencing standards as
defined in UDC 11-3A-7
Li htin : Lighting shall not cause glare or impact the traveling public or neighboring development
and comply with lighting standards as defined in UDC 11-3A-11
Signage: No signs are approved with this CZC. All business signs will require a separate sign
permit in compliance with UDC 11-3D.
Trash Enclosure: Any dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash
enclosures must be built in the location and to the size approved by SSC.
Handica-Accessibili : The structure, site improvements and parking must be in compliance with
all federal handicap -accessibility requirements.
ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit.
If any changes must be made to the site plan to accommodate the ACHD requirements, a new site
plan shall be submitted to the City of Meridian Planning Department staff for approval prior to the
issuance of a building permit.
Certificate of Occu anc : All required improvements must be complete prior to obtaining a
Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape
architect, landscape designer or qualified nurseryman responsible for the landscape plan upon
completion of the landscape installation. The Certificate of Completion shall verify that all landscape
improvements, including plant materials and sprinkler installation., are in substantial compliance with
the approved landscape plan. A Temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the
remaining improvements. A bid must accompany any request for Temporary Occupancy.
Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape
PIan stamped "Approved" on rune 1, 2006, and Elevations, and are not to be altered without prior
written approval of the Planning Department. No significant field changes to the site or landscape
plans are permitted; prior written approval of all chap8ps is required.
/-T�rp, Z-)
Kristy igil
Assistant City Planner
*`this letter does not indicate compliance with requirements of other departments/agencies, including, but not limited
to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date
of issuance if work has not begun.
of Review Reauested (check
r
❑ Accessory Use
❑ Alternative Compliance
® Certificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
❑ Design Review
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
❑ Other
Applicant Information
Planning Department
r� )I�iINISTRATIVE REVIEW APPLICATION
STAFF USE ONLY: .� /�
File number(s): /.1,2,6 d�
Project name:
Date filed:``{ f?� Date complete:
Assigned Planner: r j
Related files: —,Pp—() "
Applicant name: SBH Checker LC - Phone: (801) 278-4688
Applicant address:
31 East Murray Holladay Road. SLC, UZip,
T 84117
Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned C7x0ther under contract
Owner name: Usti.ck Market Place
Phone: ( 801) 378-4000
Owner address: 126011 West Explorer Drive J700 ftoi.se- ID zip: X33713
Agent name (e.g., architect, engineer, developer, representative):Jonathan aylor
1
Firm name: SBH Checker LC Phone:(801) 278-4688
Address: 2231 East Murray Holladay Road „#200 SLC, UT � Zip: 84117
Primary contact is: EKApplicant ❑ Owner ❑ Agent ❑ Other
Contact name: same as above
E-mail: 1taylor@SBHrealestate,com
Subject Property Information
Location/street address:
Assessor's parcel number(s):Lot 6 Block 1 Smitch er Subdivision
Township, range, section: 4 North, 3 Fast , 33 Total acreage: 1.63
Current land use: vacant Current zoning district:
Phone:
660 E. Waterto%ver Lane. Suite 202 • meridian. Idaho 83642
Phone: (204) 384-»33 • Facsimile: (208)888-6S34 . 41'ebsne: 1t lF7F,3111'rlLi l2!Ii C3iti .Ur'
I
Project Description
Project/subdivision name: Smitchger Subdivision
General description of proposed project/request: 7000 square foot retail
Proposed zoning district(s):
C—G
Acres of each zone proposed: n/a
Type of use proposed (check all that apply):
❑ Residential ffCommercial ❑ Office ❑ industrial El Other
Amenities provided with this development (if applicable): n/a
Who will own & maintain the pressurized irrigation system in this development?.
Which irrigation district does this property lie within? Settlers
Primary irrigation source: Subdivision Pr Secondary: - City Water
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): — 2760 Sq ft
n/a
Residential Project Summary (if applicable) N/A
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (fot• multi -family developments only):
l Bedroom: 2 or more Bedrooms:
Minimum square footage of structures) (excl. garage): Proposed building height:
Minimum property size (s.f): Average property size (s.f.):
Gross density (DU/acre-total land): Net density (DU/acrc-excluding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: 1. Other lots: _ 0.
Gross floor area proposed6000 square feet Existing (if applicable): 0
Hours of operation (days and hours): n/a Building height: 9Q fact
Percentage of sitelproject devoted to the following:
Landscaping: 10% Building: 25% Paving: 65%
Total number of employees: n/a Maximum number of employees at any one time: n/a
Number and ages of students/children (if applicable): n/a Seating capacity: n/a
Total number of parking spaces provided; 32 Number of compact spaces provided: 0
Authorization
.lonathan Taylor 61i1 -I t;ttectrer LL;
Print applicant name:
March 29,2006
Applicant signature: Date:
17.E. W erto� r ane, Suite 2172 • Meridian, Idaho 83642
Pho���6
$84-53 acsimile: (208) 888-6854 Website: «tiv�t.mcri:ii mtit� or`
2
Schucks Auto —
This proposed 7,000 sf general retail building will be utilized by CSK Auto, Inc., which
currently owns and operates more than 1,200 retail auto parts stores in 22 states under the
brand names Checker Auto Parts, Schuck's Auto Supply, and Kragen Auto Parts. CSK
focuses exclusively on retail sales of auto parts and no onsite vehicle repairs are allowed
at any locations.
4f the 7,000 sf building, 6,000 sf will be utilized as the sales floor while 1,000 sf will be
used for storage and warehouse space. All deliveries will be palletized when delivered
and there will be no outside storage allowed by CSK.
Ustick Marketplace has reviewed and approved the proposed use of the property and
store elevations to insure that it conforms with the shopping centers surroundings and
retail mix. The site also meets and or exceeds any requirements spelled out in the
developments CC&R's.
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Order No.: A0425869 -5 _C/ ' F
ADA COUNTY RECORDER J, DAVID NAVARRO 2
BOISE IDAHO 07/16/04 02:14 PM
DEPUTY Bonnie Oberbillig
RECORDED -REQUEST OF
Tllie one Ill l11111111111fill 111111111111111111
AMOUNT 6.00 104090116
WARRANTY DEED
FOR VALUE RECEIVED,
CAVEN, INC., an Idaho corporation, the Grantor, does hereby grant, bargain sell and
convey Unto USTICK MARKETPLACE, LLC, an Idaho Iirnited liability company
whose current address is 12601 W. Explorer Drive, Suite 200, Boise, ID 83713, the
Grantee, the following described premises, in Ada County, Idaho, TO WIT:
PARCEL A
The West Half of the Southwest Quarter of the Southwest Quarter of Section 33,
Township 4 North, Range i East, Boise Meridian, Ada County, Idaho.
EXCEPT that portion deeded to Ada County Highway District by Warranty Deed
recorded April 7, 1995 as Instrument No. 95023303, Official Records.
ALSO EXCEPT that portion deeded to Ada County Highway District by Warranty Deed
recorded April 7, 1995 as Instrument No. 95023304, Official Records.
PARCEL B
The East Half of the Southwest Quarter of the Southwest Quarter of Section 33,
Township 4 North, Range I East, Boise Meridian, Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee,
heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it
is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT: Subject to
all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and
applicable building codes, laws and regulations, general taxes and assessments, including irrigation and
utility easements (if any) for the current year, which are not due and payable, and that Grantor(s) will
warrant and defend the same from all lawful claims whatsoever.
Dated: July 6, 2004
CAVEN, INC.
By-
Jet7y 0 Caen, President
State of Idaho _
County of oda. 1 vf)'q
On this �day of June in the year 2004, before me, the -undersigned, a notary public in
and for said state personally appeared Jerry L. Caven, known to me to be president of the
corporation that executed this instrument and the person who executed the instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the
same.
In-vritness -%hlhereof T hwve hereunto set ry hand and afi-. _eri _rr.v official &eal the dqv anti
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year this certy�,'*mifica rst,aboAI.r
lesrding at: 'i.L� f�'.e.. 4 rn
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STATE OF IDAHO }
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AFFIDAVIT OF LEGAL INTEREST
to✓er )�n
(name) � o (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
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(address)
to submit the accompanying application(s) pertaining to that property.
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2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
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Dated this .�--day of
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SUBSCRIBED AND SWORN to before me the day and year first above written.
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FEATURES & SPEGIFIGA IONS
INTENDED USE
Ideal for mounting above entryrjays and loading docks.
CONSTRUCTION
Rugged, corrosion-rasistani die-cast aluminum back housing and hinged
door frame. Castings are sealed with a one-piece gasket to inhibit the
entrance of aytemal contaminants. Lens Is thermal- and Shock -resistant
clear tempered glass. Finish is bronze polyester powder paint for lasting
durability.
ELECTRICAL SYSTEM
4uad•tap, HX-HPF, 175M Is CVVA,
OPTICAL SYSTEM
Anodized aluminum reflector, provides IES cutoff distributian. optional full
cuioll visor avaffable. Medium -base lamp inclucled in carton as standard.
INSTALLATION
Housilig is coniigui"dd for rneunang directly over a standard 4" outlet box or
for surface wiring via any of three convenient 112' threaded canduil entry
hubs.
LISTING
UL Listed to U5 and Canadian safety standards (see Options), Suftahfe for
wet locallons (251C Inax'Imum ambient temperature),
f- r x tQ val 11re- ((:;7)
Gala!ag Namher
Idoses TYPe
Cutoff Wall Packs
76-150W NIGH PRESSURE SODIUM
70,100,175W METAL HALIDE
Specifications
Height: 10-714"(26.04 cm)
Width: 13" (33.02 cm)
Depth: 8-15132" (21.5 Gm)
Weight: 18lbs1 11.Bkg
ORDERING INFORMATION
Choose the boldface catalog nomenclature that best sulmyour needs and write'ft ori the
appropriate line. Order accessories asseparata catalog numbers (shipped separately).
TwR1C LPI
Series ll
attage Voltage Lamp Options
1Souree 120134 LPl Lamp included CSA Listed and labeled to
70STVJR4 as s an r comply with Canadian
100
nn5 TBI Standards
1503
10CME�;'
NOTES,
1 Optional multl•tapball asL(120, 209, 240.27M.
In Canada 120. 277, 347V; ships as 1201347.
2 Shipped separately,
TWR'ICWG Wireguard'
FCV Full cutoff visor?
Example: TWR1C 705 TD LPI
Outdoor
Sheet 4:TWRIC-S-M BIV1-515
YIIVRIC High Pressure Sodium/Metal Halide Cutoff Wall -Pale
TUVR10 70S MIND LTL12140
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Luminaire Eii;c€ency: 70.390
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-MR1 G 70M TEST NO: LTL12142
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mounting height, 5200 rated lumens.
Luminaire Efficlency: 69.0%
TVVRIG '100S TEST NO: LTL12165
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FOOLcandla values haled onto'
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Lurninalra Efrlclancy: 70.39E
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Luminalre Effr3ancy:99,11%
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Lum€nalre E(nc€oncy.' 611.9!
tl VVRl C 175M TEST No: LTL11890
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175VU metal halide Lamp
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IMCNIA � Acuity ng Group, Inc.
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One Lllhdnla Way, Conyers, GA 30012
An' WL11LYBrands CampanY phwe: 770.922.9000 Fax: 770-910-120D
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Lum€nalre E(nc€oncy.' 611.9!
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IsO1LLU INANCE PLOT Voomandlal
175VU metal halide Lamp
Fantcandlle values haSEd on 10'
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Lumtnalra Effl6ency, 716%
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LithaniaLighting
IMCNIA � Acuity ng Group, Inc.
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An' WL11LYBrands CampanY phwe: 770.922.9000 Fax: 770-910-120D
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CASH CHECK # NAME ON CHECK IF DIFFERENTTHAN APPLICANT
DESCRIPTION
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SHARED DRNE AND PARKING EASEMENT
(Lots 6 and 7, Smitchger Subdivision — Ustick Marketplace)
This Shared Drive and Parking Easement ("Easement") is made effective this :�:XL day of
2006, by Ustick Marketplace, LLC, an Idaho limited liability company ("Ustick").
RECITALS
A. Ustick is the Owner of that certain real property shown as "Outparcel 6A" and
"Outparcel 6B" on the site plan attached hereto as Exhibit "A" ("Site Plan") and more particularly
described in Exhibit "B" attached hereto. Ouutparcel 6A and Outparcel 6B are each referredto herein
individually as an "Outparcel" and collectively as the "Outparcels".
B. The O-utparcels are being developed as part of a retail center known as "Ustick
Marketplace" consisting of Outparcels 1 through 8, Parcel A and the Lowe's Parcel ("Shopping
Center"). The Shopping Center is subject to that certain Easements, Covenants, Conditions and
Restrictions between Ustick and Lowe's HIW, Inc. ("Lowe's"), recorded as Instru rent No.
1041204033, Official Records of Ada County, Idaho, as aniended from tirne to time ("ECC&Rs").
C. Ustick desires to grant a shared drive easement and a parking easement for the benefit
of Outparcels 6A and 613, as provided herein.
NOW, THEREFORE, Ustick hereby declares that the Outparcels shall be held, sold,
conveyed, leased and encumbered subject to the terms of this Easement.
I . Definitions: For purposes of this Easement, the term "Owner" shall mean the record
holder of fee simple title to an Outparcel, but excluding those having such interest merely as security
for the perfonnance of any obligation, and the term "Permanent Drives" shall mean the two (2)
chives located on Ouutparcel 6B and designated as "Permanent Drives" on the Site Plan. All
capitalized teens not otherwise defined in this Easement shall have the meaning given in the
ECC&Rs.
2. Purpose. Ustick is the Owner of the Outparcels and may sell or lease some or all of
the Outparcels. Ustick hereby establishes this Easerrrent for the mutual benefit of cacti of the
Outparcels, and declares, agrees, covenants and consents that the Outparcels shall be held, sold,
conveyed, leased and encumbered subject to the agreements, easements, covenants and obligations
imposed on the Outparcels by this Easement, which shall run with the land and be binding on and
inure to the benefit of all parties having any right, title or interest in the Outparcels, or any part
thereof, its heirs, successors and assigns, for the purposes set forth in this Easement and to protect
the value of the Outparcels.
3. Permanent Drives:
3.1 Easement: Ustick, as the Owner of Outparcel 6B, hereby grants to the Owner
of Outparcel 6A, for the benefit of Outparcel 6A, a perpetual nonexclusive easement for ingress and
egress by motor vehicles and pedestrians over and across the Permanent Drives. The Permanent
SHARED DRIVE AND PARKING EASEMENT - 1
MACINTOSH HD:USERS:MICHAEL:DOCUMENTS:MICROSOFT USER DATA:SAVED ATTACHMENTS:SHARED DR€VEAND PARKING EASEMENT
GP05[1].DOC
Drives may be used by the Owners of the Outparcels and the tenants, subtenants, invitees and
customers of such Owners.
3.2 Relocation of Permanent Drives. At any time and from time to time, the
Owner of Outparcel 6B, at its sole cost, shall have right to restlipe and/or relocate one or more of the
Permanent Drives ("Relocated Drive(s)") provided that each of the following conditions are
satisfied. (i) the Owner of Outparcel 6B obtains the written approval to the proposed changes to the
design, dimensions and location of the Relocated Drive(s) from the Owner of Parcel 6A, such
approval not to be uuueasonably withheld, delayed or conditioned, (ii) the dimensions, design and
location of the Relocated Drive(s) complies with all applicable governmental standards and the
requirements of the ECC&Rs, (iii) the Relocated Drive(s) do(es) not materially adversely affect
ingress and egress to and from the Outparcels and the Shopping Center, and (iv) access to the
original Permanent Drives shall not be closed until construction of the Relocated Drive(s) has been
completed and the Relocated Drive(s) is/are open and available for use. Upon satisfaction of each of
the foregoing conditions, all references in this Easement to the "Permanent Drives" shall mean the
"Relocated Drive(s)".
3.3 No Interference. The Permanent Drives shall be kept free and open and
neither Owner (or the occupants or tenants of such Outparcel) shall prohibit or attempt to prohibit the
use of the Permanent Drives for the purposes herein described. No barriers, structures or other
obstructions (except traffic control devices) shall be placed, installed, constructed or located within
the Permanent Drives.
3.4 Construction of Permanent Drives. The Permanent Drives shall be
constructed by the Owner of the Outparcel that first commences construction of drives, parking areas
or similar improvements on its Outparcel ("Constructing Owner"). The Constructing Owner shall
construct and maintain the Permanent Drives simultaneously with construction of drives, parking
areas or similar improvements on its Outparcel. At such time as a building permit is issued for the
improvements on the other Outparcel, then the Owner of the other Outparcel shall reimburse the
Constructing Owner for one-half (1/2) of the actual costs of constructing the Permanent Drives, such
payment to be made within thirty (3 0) days after receipt of a written accom-sting of the actual costs of
constructing the Pennanent Drives.
3.5 Maintenance of Permanent Drives. The Constructing Owner, at its cost,
shall maintain, repair and replace the Permanent Drives uu-itil the date a building permit is issued for
the other Outparcel. Thereafter, (i) the Owner of Outparcel 6B shall maintain, repair and replace the
Permanent Drives and keep the Permanent Drives in a clean and evenly surfaced manner ("Drive
Maintenance"), and (ii) the Owner of Outparcel 6A shall reimburse the Owner of Outparcel 6B for
one-half (1/2) of the actual costs of the Drive Maintenance, provided, however, if the cost of any
item of Drive Maintenance is estimated to exceed $2,000, then the parties shall agree in writing to
the scope and cost of such Drive Maintenance. Payment of the costs of Drive Maintenance shall be
made within thirty (30) days after receipt of a written accounting of the actual costs of the Drive
Maintenance,
3.6 Liability Insurance. To the extent not covered by insurance required by the
ECC&Rs, each Owner shall at all times maintain or cause to be maintained public liability insurance
SHARED DRIVE AND PARKING EASEMENT - 2
C:ID000MENTS AND SETTING SILPINGREE.BRIGHTO NCORP%LOCAL SETTINGSITEMPORARY INTERNET FILESIOLK5CISHARED DRIVE AND
PARKING EASEMENT GPa5.DOC
in the form and in the arnolmts required by the ECC&Rs covering (i) inj ury to or death of any person
or damage to any property occurring on its Outparcel, or (ii) resulting from such Owner's use of the
Permanent Drives. Such policy shall name the other Owner as an additional insured.
4. Mirror Parking Area.
4.1 Definitions. The "Mirror Parking Area" means that certain area located on
Outparcel 6A and Outparcel 6B shown as "Mirror Parking Area" shown on the Site Plan and
"Mirror Parking" means parking spaces located within the Mirror Parking Area on an Outparcel
which abut the parking spaces located within the Minor Parking Area on the other Outparcel.
4.2 Parking Easement. If Minor Parking is constructed on both Outparcels, then
Ustick, as the Owner of Outparcels 6A and 613, hereby grants to the Owner of each of Outparcel 6A
and Outparcel 6B, for the benefit of each Outparcel, a nonexclusive easement for parking over and
across the Mirror Parking Area located on the other Outparcel.
4.3 Landscape Buffer. If the Owner of Outparcel 6A does not construct Mirror
Parking on the Mirror Parking Area located on Outparcel 6A, then Owner of Outparcel 6A, at its
cost, shall be responsible for the construction, maintenance, repair and replacement of the landscape
buffer, not to exceed five feet (5') in width, within the Mirror Parking Area located on Outparcel 6A.
The parking easement for the Mirror Parking Area, set forth in Section 4.2 above, shall terminate
upon construction of such landscape improvements.
5. INDEMNIFICATION. Each Owner ("Indemnitor") shall indemnify, defend and
save the other Owner ("Indemnitee") harmless from any and all claims, liability, losses, costs,
charges or expenses (including reasonable attorneys' fees and costs), judgments, proceedings and
causes of action of any kind whatsoever ("Claims") arising from (i) injury to or death of any person
or damage to any property occurring on the Indemilitor's Outparcel or resulting from the
Indeninitor's Luse of the Parking Easement Area and/or the Permanent Drives on the Indem nitec's
Outparcel, (ii) any use or condition of Indemnitor's Outparcel, and (iii) any negligence or tortious
acts of the Indemnitor or any of its tenants, licensees, invitees, customers, agents or employees.
6. NO PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a
grant or dedication of any portion of the Permanent Drives or the Parking Easement Area to the
general public or the other Owners or occupants of the Shopping Center. This Easement shall be
strictly limited to and for the purposes herein expressed.
7. SITE PLAN. The Site Plan is attached solely for the purpose of illustrating the
location of the Outparcels, the Permanent Drives and Mirror Parking Area, and for no other purpose
whatsoever. In no event shall Ustick or any Owner be bound by any other information, layout,
improvements or development plans shown on the Site Plan. If the Owner of Outparcel 6B hereafter
reconfigures Outparcel 613 as provided in Section 3.2 herein, it shall provide an amendment to this
Easement designating the location of the Relocated Drive(s).
8, DEFAULT. An Owner shall be deemed to be in default of this Easement only upon
the expiration of thirty (3 0) days (ten (10) days for failure to pay money) from receipt of a written
SHARED DRIVE AND PARKING EASEMENT- 3
CMOCUMENTS AND SETTINGS%LPINGREE.BRIG HTONCORPILOCAL SETTINGSITEMPORARY INTERNET F1LES101-1<5C\SHARED DRIVE AND
PARKING EASEMENT GP05.DOC
notice from the other Owner specifying the particulars in which such defaulting Owner failed to
perform, the obligations of this Easement, unless such defaulting parry, prior to the expiration of such
thirty (3 0) day period (ten (10) days for failure to pay money) has rectif cd the matters set forth in the
default notice. However, in the event of a non -monetary default, such defaulting Owner shall not be
deemed to be in default if such failure cannot be rectified within the thirty (3 0) day period and such
defaulting Owner is using good faith and its best efforts to rectify the particulars specified in the
notice of default. In the event of a default, the non -defaulting Owner shall have all have all remedies
available at law or in equity, including but not limited to injunctive or other equitable relief. In any
suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be
entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements,
and also including reasonable attorney's fees and costs associated with any appeal of a judgment.
The failure of an Owner to insist upon strict performance of any of the terms of this Easement shall
not be deemed a waiver of any rights or remedies that such Owner may have, and shall not be
deemed a waiver of any subsequent breach or default in the performance of any of the terins of this
Easement.
9. NOTICES. Any notice under this Easement shall be in writing and be sent by U.S.
Mail (sent via certified mail, postage prepaid), or delivered in person or sent by overnight courier
service (such as U.S. Postal Service Express Mail or Federal Express). All notices shall be addressed
to the Owner of the Outparcel at the address of such Owner's Outparcel or at such other addresses as
such Owner may fi om time to time direct in writing to the other Owners. All notices to Ustick shall
be sent to the following address:
Ustick Marketplace LLC
Attn: Matthew C. Smith
12601 West Explorer Drive, Suite 200
Boise, ID 83713
Any notice shall be deemed to have been given on the date (a) deposited in the U.S. mail, (b) of
actual receipt, or (c) deposited with the overnight courier.
10. MODIFICATION. This Easement shall not be modified Liriless expressly agreed to
in writing by the Owners of the Outparcels.
11. BINDING EFFECT. All of the obligations, easements and covenants contained
herein shall be a burden on the Outparcel affected by such obligation, easement or covenant, shall be
appurtenant to and for the benefit of the Outparcel benefited by such obligation, easement or
covenant, shall run with the land and be perpetual.
12. SUCCESSORS AND ASSIGNS. This Easement shall inure to the benefit of and be
binding upon the Owners of the Outparcels, their successors, assigns and tenants, and upon any
person acquiring the Outparcels, or any portion thereof, or airy interest therein, whether by operation
of law or otherwise.
SHARED DRIVE AND PARKING EASEMENT -4
CADOCUMENTS AND SETTINGSILPINGREE.BRIGHTONCORPILOCAL SETTINGSITEMPORARY INTERNET FILEMOLK5CISHARED DRIVE AND
PARKING EASEMENT GP05.000
IN WITNES S WHEREOF, the undersigned has caused this Easement to be executed the day
and year first above written.
Ustick:
USTICK MARKETPLACE, LLC
an Idaho limited liability company
By: Smith -Brighton, LLC, an Idaho
Iimited liability company, Member
By: r
atthew. n�iith
Member
STATE OF IDAHO )
} ss.
Coui,ity of Ada )
On this 313 — day of �i , 2006, before me, a Notary Public in and for the State
of Idaho, personally appeared Mattliek C. Smith, known or identified to me to be a• Member of
SMITH -BRIGHTON LLC, an Idaho limited liability company, a Member of USTI[CK
MARKETPLACE, LLC, an Idaho limited liability company, the limited liability company that
executed the instrument or the person who executed the instrument on behalf of said limited liability
company, and aelrnowledged to me that he executed the same on behalf of said company, and that
such company executed the same in the name of Ustick Marketplace, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
a`r�ti���iilfR+oaf* _
L
AR Y N ai Public for Idaho
• � d� ! w
Residing at: + , r G ..
P -o e, o My commission expires: s
�E'O'y +`'Q
SHARED DRIVE AND PARKING EASEMENT - 5
MACINTOSH Hp_USERS:MICHAEL:DOCUMENTS:MICROSOFT USER DATA:SAVEDATTACHMENTS:5HARED DRIVEAND PARKING EASEMENT
G PO5['11,DOC
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Exhibit A
Site Plan
SHARED DRIVE AND PARKING EASEMENT - 6
MACINTOSH HD:USERS:MICHAEL:DOCUMENTS:MICROSOFT USER DATA:SAVEDATTACHMENTS:SHARE❑ DRIVE AND PARKING EASEMENT
GP05111.130C
Exhibit B
Legal Description
(Outparcels 6A and 613)
Outparcel 6A: Parcel A as shown on Lot Line Adjustment recorded as Instriunent No.
Official Records of Ada CoLinty, Idaho ("Lot Line Adjustment"), being a
portion of Lot 7, Block 1, of SMITCHGER SUBDIVISION, according to the official plat thereof,
fled in Book 92 of Plats at Page(s) 11000 through 11003, Official Records of Ada County, Idaho
("Ustiek Plat").
Outparcel 6B: Parcel B as shown on the Lot Line Adjustment, being aportion of Lots 6 and 7, Block
1, of SMITCHGER SUBDIVISION, according to the official Ustick Plat.
SHARED DRIVE AND PARKING EASEMENT - 7
C:IDOCUMENTS AND SETTINGSILPINGREE.BRIGHTONCORP4LOCAL SETT1NGMTEMPORARY INTERNET FILESIOLK5CISHARED DRIVE AND
PARKING EASEMENT GP05.DOC
shall not be deemed a waiver of any subsequent breach or default in the performance of any of the
terms of this Easement.
9. Notices. Any notice under this Easement shall be in writing and be sent by U.S. Mail
(sent via certified mail, postage prepaid), or delivered in person or sent by overnight courier service
(such as U.S. Postal Service Express Mail or Federal Express). All notices shall be addressed to the
Owner of the Outparcel at the address of such Owner's Outparcel or at such other addresses as such
Owner may from time to time direct in writing to the other Owners.
All notices to Ustick shall be sent to the following address:
Ustick Marketplace LLC
Attn: Matthew C. Smith
12601 West Explorer Drive, Suite 200
Boise, ID 83713
All notices to SBH Checker shall be sent to the following address:
Smith Brubaker Haacke LLC
Attn: Jonathan P. Taylor
2231 East Murray Holladay Road, Suite 200
Salt Lake City, Utah 84117
Any notice shall be deemed to have been given on the date (a) deposited in the U.S. mail, (b) of
actual receipt, or (c) deposited with a nationally recognized overnight courier.
10. Modification. This Easement shall not be modified unless expressly agreed to in
writing by the Owners of the Outparcels.
11, Binding Effect. All of the obligations, easements and covenants contained herein
shall be a burden on the Outparcel affected by such obligation, easement or covenant, shall be
appurtenant to and for the benefit of the Outparcel benefited by such obligation, easement or
covenant, shall run with the land and be perpetual.
12. Successors and Assigns. This Easement shall inure to the benefit of and be binding
upon the Owners of the Outparcels, their successors, assigns and tenants, and upon any person
acquiring the Outparcels, or any portion thereof, or any interest therein, whether by operation of law
or otherwise.
SHARED DRIVE AND PARKING EASEMENT - 4
000CUMENTS AND SETTINGSWONATHAN TAYLOR\MY DOCUMENTS\SCHUCKS - CHECKERS\MERIDIAN SCHUCKS\SHARED DRIVE AND
PARKING EASEMENT AGRT 11 GP04 (2).DOC
IN WITNESS WHEREOF, the undersigned has caused this Easement to be executed the day
and year first above written.
Ustick:
USTICK MARKETPLACE, LLC
an Idaho limited liability company
By: Smith -Brighton, LLC, an Idaho
limited liability company, Member
By: _7��
Matthew C.
Member
SBH Checker:
SBH Checker, LLC
A Utah limited liability company
Eldon V. Haacke
Member Manager
SHARED DRIVE AND PARKING EASEMENT - 5
C:\DOCUMENTS AND SETTINGS\JONATHAN TAYLOR\MY DOCUMENTS\SCHUCKS - CHECKERS\MERIDIAN SCHUCKSISHARED DRIVE AND
PARKING EASEMENT AGRT 11 GP04 (2).DOC
STATE OF IDAHO )
) ss.
County of Ada )
On this IZ'® day o2006, before me, a Notary Public in and for the State
of Idaho, personally appeared tthew C. Smith, known or identified to me to be a Member of
SMITH -BRIGHTON LLC, an Idaho limited liability company, a Member of USTICK
MARKETPLACE, LLC, an Idaho limited liability company, the limited liability company that
executed the instrument or the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that he executed the same on behalf of said company, and that
such company executed the same in the name of Ustick Marketplace, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
O � 2 I°♦ Y �
0
STATE OF UTAH
County of Salt Lake )
No4a3�,Public f�o Idaho
Residing at:
My commission expires:
On this Ii It%
— day of September, 2006, before me, a Notary Public in and for the State of
Utah, personally appeared &lduA V. known or identified to me to be a
Muv-WvµwgCr of SBH Checker LLC, a Utah limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of said
limited liability company, and acknowledged to me that he executed the same on behalf of said
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
NOTARY PUBLIC
ELLIOTT B. SMITH
^ 849 W. Levey, Ste. 100
h A
W Sall Lake City, Utah 84123
My Commission Expires
+eeeNe'' June 9, 2007
STATE OF UTAH
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Notary lic
Residing at: Sri w wh 1, "T_
My commission expires: v I'i (cr7
SHARED DRIVE AND PARKING EASEMENT - 6
CADOCUMENTS AND SETTINGS\JONATHAN TAYLOR\MY DOCUMENTS\SCHUCKS - CHECKERS\MERIDIAN SCHUCKS\SHARED DRIVE AND
PARKING EASEMENT AGRT 11 GEN (2),DOC
Exhibit A
Site Plan
SHARED DRIVE AND PARKING EASEMENT- 7
CADOCUMENTS AND SETTINGSUONATHAN TAYLOMMY DOCUMENTS\SCHUCKS - CHECKERS\MERIDIAN SCHUCKS\SHARED DRIVE AND
PARKING EASEMENT AGRT 11 GP04 (2).DOC
OUTPARCIIJ
• 8)
EASEMENT AREA
MIRRORED
PARKING
AREA
70.00'
t��
Outparcel 6B:
Exhibit B
Legal Description
(Outparcels 7 and 6B)
as shown on the Lot Line Adjustment — Record of Survey No.
recorded as , Official Records of Ada County, Idaho ("Lot Line
Adjustment'), being a portion of Lots 6 and 8, Block 11 of SMITCHGER SUBDIVISION,
according to the official plat thereof, filed in Book 92 of Plats at Page(s) 11000 through 11003,
Official Records of Ada County, Idaho ("Ustick Plat').
Outparcel 7: as shown on the Lot Line Adjustment, being a portion of Lots
of SMITCHGER SUBDIVISION, according to the official Ustick Plat.
[Legal Description will be as shown on the recorded Lot Line Adjustment moving the north
boundary of Outparcel 6B by four feet.]
SHARED DRIVE AND PARKING EASEMENT - 8
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PARKING EASEMENT AGRT 11 GP04 t2).DOC
VICINITY MAP
1 =300'
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Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Project name:
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'o"lO'e'S
I File#:
Applicant/agent:
'.ic:�.1 i'NAr�`
'C�a..aki=... : — 'T c Tcz-vr", t-c:rz.
Alla hcahp rr rpm, - ��'..'�-„�-r-`"”' .--.may unless otherwise noted:
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Staff
✓ � ation
'ro a P includin thefollowin rtY> g g:
�•' �-' � � �~� ents for the requested use
eement
s ue elation,
tY ( m
✓` ., > .�--^ �,/"' '�._=t-e ro er owner ling ism
Irv` the etson signing is an authorized a ent.)
✓ ✓`""�. -���Nu3^'>
✓-arm--.%-^—_,.-✓..,�^ ""
��„ ✓ � �� - � ""ire & sennas drive (cramped site plan)
.�.
~ a maximum output of 1,800 lumens
-.,..�.... -�r-�� -�✓.r"--"���-.`�"`��. -fit:
✓scale not less than 1'L50')
~ �,� �r� developer and the person and/or
✓ ,��� ��„,,� ~ � ,the
f df L n stalls and drive aisles
!'-
• Trash enelosure(s)location
• Detail of trash enclosure (must be screened on 3 sides)
• Location and specifications for underground irrigation (Pressurized irrigation can only be
waived if you prove no water rights exist to sub'ect roe
'
• Sidewalks or pathways (proposed and existing)
e Location of proposed building on lot (include dimensions to property lines)
N a
• Fencing (proposed and existing)
• Calculations table including the following:
➢ Number of parking stalls required & provided (specify handicap & compact stalls)
➢ Building size (sq. ft.)
Lot size (sq. ft.)
Setbacks
➢ Zoning district
"J
• Reduction of the site plan 8 %:" x 11"
'�------
Landscape plan - 3 copies (folded to 8 '/2" x 11" size)
Plan must have a scale no snmller than I " = 50'(1 " = 20' is preferred) and be on a standard
drarvbhg sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in
its entirety on a single sheet must be drawn with appropriate match lines on nvo or more sheets.
The following items must be included on the landscapeplan:
✓
f Date, scale, north arrow, and project name
�•'
• Names, addresses, and telephone numbers of the developer and the person and/or
firm pmparing the plan
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
p,} A
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
flood tains, high groundwater areas, and rock outeroppings.
o Location, size, and species of all existing trees on site with hunks 4 inches or
d
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed.
n i
• A statement of how existing healthy trees proposed to be retained will be
A
tprotected
from damage during construction
pA
® Existing structures, planting areas, light poles, power poles, walls, fences, berms,
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements.
N y
e Existing and proposed contours for all areas steeper than 20% slope. Berms shall
be shown with one -foot contours.
W (a
o Si ht Triangles as defined in 11-3A-5 of this ordinance.
r
Y Location and labels for all proposed plants, including trees, shrubs, and
groundcovers (trees must not be planted in City water or sewer easements). Scale shown for
..�"
a^'
]ant materials shall reflect approximate mature size
• A plant list that shows the plant symbol, quantity, botanical name, common name,
minimum planting size and container, tree class (I, II, or III), and comments (for
-1 r
spacing, stakin ,and installation as appropriate).
• Planting and installation details as necessary to ensure conformance with all
required standards.
(�
Y Design drawing(s) of all fencing proposed for screening purposes
• Calculations of project components to demonstrate compliance with the
requirements of this ordinance, including:
➢ Number of street trees and lineal feet of street frontage
➢ Width of street buffers (exclusive of right-of-way)
➢ Width of parking lot perimeter landscape ship
➢ Buffer width between different land uses (if applicable)
)o Number of parking stalls and percent of parking area with internal landscaping
➢ Total number of trees and tree species mix
➢ Mitigation for removal of existing trees, including number of caliper inches
being removed
Reduction of the landscape plan (8 %:" x 11 ")
Building elevations showing construction materials
✓'
Fee If this ppoject had prior approval on a site plan, reduced fees may apply)
ACRD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impactfees, ifany, shall be paidprior to the issuance ofa buildingpermit. Ifany changes must be
made to the siteplan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance ofa building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid.
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION.
SHARED DRIVE AND PARKING EASEMENT AGREEMENT
(Lots 6 and 8, Smitchger Subdivision— Ustick Marketplace)
This Shared Drive and Parking Easement ("Easement") is made effective this 0Zsday of
2006, by Ustick Marketplace, LLC, an Idaho limited liability company
("U tick"), and SBH Checker L.C., a Utah limited liability company ("SBH Checker").
RECITALS
A. Ustick is the owner of that certain real property shown as Outparcel 7 ("Outparcel
7") on the site plan attached hereto as Exhibit "A" ("Site Plan") and more particularly described as
Outparcel 7 in Exhibit `B" attached hereto. SBH Checker is the owner of that certain real property
shown as Outparcel 6B ("Outparcel 6B") on the Site Plan and more particularly described as
Outparcel 6B on Exhibit B. Outparcel 7 and Outparcel 6B are each referred to herein individually as
an "Outparcel" and collectively as the "Outparcels". Ustick and SBH Checker are sometimes
referred to individually as "Owner" and collectively as "Owners".
B. The Outparcels are being developed as part of a retail center known as "Ustick
Marketplace" consisting of Outparcels 1 through 8, Parcel A and the Lowe's Parcel ("Shopping
Center"). The Shopping Center is subject to that certain Easements, Covenants, Conditions and
Restrictions between Ustick and Lowe's HIW, Inc. ("Lowe's"), recorded as Instrument No.
1041204033, Official Records of Ada County, Idaho, as amended from time to time ("ECC&Rs").
C. Ustick and SBH Checker intend to construct drive isles and mirror parking spaces on
that portion of each Outparcel shown as "Easement Area" on the Site Plan.
D. Ustick and SBH Checker desire to grant shared drive easements and mirrored parking
easements over the Easement Area for the benefit of each Owner.
NOW, THEREFORE, Ustick and SBH Checker hereby declare that the Outparcels shall be
held, sold, conveyed, leased and encumbered subject to the terms of this Easement.
1. Definitions: For purposes of this Easement, the term "Owner" shall mean the record
holder of fee simple title to an Outparcel, but excluding those having such interest merely as security
for the performance of any obligation, and the term "Permanent Drives" shall mean the two (2)
drives located within the Easement Area and designated as "Permanent Drives" on the Site Plan. All
capitalized terms not otherwise defined in this Easement shall have the meaning given in the
ECC&Rs.
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2. Purpose. Ustick and SBH Checker hereby establish this Easement for the mutual
benefit of each of the Outparcels, and declare, agree, covenant and consent that the Outparcels shall
be held, sold, conveyed, leased and encumbered subject to the agreements, easements, covenants and
obligations imposed on the Outparcels by this Easement, which shall run with the land and be
binding on and inure to the benefit of all parties having any right, title or interest in the Outparcels,
or any part thereof, its heirs, successors and assigns, for the purposes set forth in this Easement and
to protect the value of the Outparcels.
Permanent Drives:
3.1 Easement: Ustick, as the Owner of Outparcel 7, and SBH Checker, as Owner
of Outparcel 613, hereby grant to each other, for the benefit of their respective parcels, a perpetual
nonexclusive easement for ingress and egress by motor vehicles and pedestrians over and across the
Permanent Drives. The Permanent Drives may be used by the Owners of the Outparcels and the
tenants, subtenants, invitees and customers of such Owners.
3.2 No Interference. The Permanent Drives shall be kept free and open and
neither Owner (or the occupants or tenants of such Outparcel) shall prohibit or attempt to prohibit the
use of the Permanent Drives for the purposes herein described. No barriers, structures or other
obstructions (except traffic control devices) shall be placed, installed, constructed or located within
the Permanent Drives.
3.3 Construction of Permanent Drives. Each Owner will construct the portion
of the Permanent Drive located on that Owner's Outparcel in a good, workmanlike manner utilizing
construction materials and techniques used in the rest of the Shopping Center and subject to
applicable building codes, regulations and ECC&Rs. Planters and other structures will be designed
and constructed by the first Owner to complete construction with an "open end" such that the other
Owner can match the structures.
3.4 Maintenance of Permanent Drives. Each Owner shall maintain, repair and
replace the portion of the Permanent Drives located on that Owner's Outparcel and keep such portion
of the Permanent Drives in a clean and evenly surfaced manner.
3.5 Liability Insurance. To the extent not covered by insurance required by the
ECC&Rs, each Owner shall at all times maintain or cause to be maintained public liability insurance
in the form and in the amounts required by the ECC&Rs covering (i) injury to or death ofany person
or damage to any property occurring on its Outparcel, or (ii) resulting from such Owner's use of the
Permanent Drives. Such policy shall name the other Owner as an additional insured.
4. Mirror Parking Area.
4.1 Definitions. The "Mirror Parking Area" means that certain area located on
Outparcel 7 and Outparcel 6B shown as "Mirror Parking Area" on the Site Plan and "Mirror
Parking" means parking spaces located within the Mirror Parking Area on an Outparcel which abut
the parking spaces located within the Mirror Parking Area on the other Outparcel.
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4.2 Parking Easement. IfMinor Parking is constructed on both Outparcels, then
Ustick, as the Owner of Outparcel 7 and SBH Checker, as the Owner of Outparcel 6E, hereby grant
to the other Owner, for the benefit of each Outparcel, a nonexclusive easement for parking over and
across the Mirror Parking Area located on the other Outparcel.
4.3 Landscape Buffer. If the Owner of Outparcel 7 does not construct Mirror
Parking on the Mirror Parking Area located on Outparcel 7, then Owner of Outparcel 7, at its cost,
shall be responsible for the construction, maintenance, repair and replacement of the landscape
r buffer, not to exceed five feet (5') in width, within the Mirror Parking Area located on Outparcel 7.
l The parking easement for the Mirror Parking Area, set forth in Section 4.2 above, shall terminate
upon construction of such landscape improvements.
5. Indemnification. Each Owner ("Indemnitor") shall indemnify, defend and save the
other Owner ("Indemnitee") harmless from any and all claims, liability, losses, costs, charges or
expenses (including reasonable attorneys' fees and costs), judgments, proceedings and causes of
action of any kind whatsoever ("Claims") arising from (i) injury to or death of any person or damage
to any property occurring on the Indemnitor's Outparcel or resulting from the Indemnitor's use of the
Parking Easement Area and/or the Permanent Drives on the Indemnitee's Outparcel, (ii) any use or
condition of Indemnitor's Outparcel, and (iii) any negligence or tortious acts of the hidemnitor or any
of its tenants, licensees, invitees, customers, agents or employees.
6. No Public Dedication. Nothing herein contained shall be deemed to be a grant or
dedication of any portion of the Permanent Drives or the Parking Easement Area to the general
public or the other Owners or occupants of the Shopping Center. This Easement shall be strictly
limited to and for the purposes herein expressed.
7. Site Plan. The Site Plan is attached solely for the purpose of illustrating the location
of the Outparcels, the Permanent Drives and Mirror Parking Area, and for no other purpose
whatsoever. In no event shall any Owner be bound by any other information, layout, improvements
or development plans shown on the Site Plan.
8. Default. An Owner shall be deemed to be in default of this Easement only upon the
expiration of ten (10) days for failure to pay money and thirty (30) days for all other defaults from
receipt of a written notice from the other Owner specifying the particulars in which such defaulting
Owner failed to perform the obligations of this Easement, unless such defaulting party, prior to the
expiration of such thirty (30) day period (ten (10) days for failure to pay money) has rectified the
matters set forth in the default notice. However, in the event of a non -monetary default, such
defaulting Owner shall not be deemed to be in default if such failure cannot be rectified within the
thirty (30) day period and such defaulting Owner is using good faith and its best efforts to rectify the
particulars specified in the notice of default. In the event of default, the non -defaulting Owner shall
have all have all remedies available at law or in equity, including but not limited to injunctive or
other equitable relief. In any suit, action or appeal therefrom to enforce or interpret this Easement,
the prevailing party shall be entitled to recover its costs incurred therein, including reasonable
attorneys' fees including reasonable attorney's fees and costs associated with any appeal of a
judgment. The failure of an Owner to insist upon strict performance of any of the terms of this
Easement shall not be deemed a waiver of any rights or remedies that such Owner may have, and
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June 20, 2006
TO:
SBH Checker Inc.
1231 E. Murray Holladay Rd.
Salt Lake City, UT 84117
SUBJECT: MCZC06-089
Schuck's Auto Supply
3420 N. Eagle Rd
John S. Franden, President
Sherry R. Huber, 1st Vice President
David Bivens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnold, Commissioner
On October 19, 2004, the Ada County Highway District Staff acted on MPP -04-037 for Ustick Market
Place Subdivision. The conditions and requirements also apply to MCZC06-089.
• Prior to final approval you will need to submit plans to the ACHD Development Review
Department.
• A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6170.
Sincerely,
Joseph,,W. Kunz
Right -of -Way and Development Services
CC: Project File
Lead Agency: Meridian
Ustick MarketPlace
12601 W. Explorer Dr. #200
Boise, ID 83713
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Ada County Highway hwaY District
Right-af--Way &Development Department
Planning Review urvision
This application does not require Commission action due to the fact that the applicant previously acted on
MCZC-04-053 on August 18, 2004. This item is approved on Tuesday October 19, 2004. Please refer to the
attachment for appeal guidelines. Staff contact: Andrea N. Tuning, 208-387-6177, 208 -387 -6393 -fax,
atuning(cDachd ada.id.us
File Numbers:
Ustick Market Place Subdivision/ MPP -04-037
Site address:
Northeast corner of State Highway 55 (Eagle Road) and Ustick Road
Owner/Applicant:
Smith Brighton
12601 West Explorer Drive, Suite 200
Meridian, Idaho 83642
Representative:
Earl, Mason and Stanfield
314 Badiola Street
Caldwell, Idaho 83605
Application Information:
The applicant has submitted an application to the City of Meridian requesting preliminary plat approval to
construct an 11 -lot commercial subdivision on 36.93 -acres. The site is currently zoned C -G. The 36.93 -
acre site is located on the northeast comer of State Highway 55 (Eagle Road) and Ustick Road.
Acreage: 36.93 -acres
Current Zoning: C -G
Buildable Lots: 11 -lots
Common Lots: 2 -lots
A. Findings of Fact
1. Trip Generation: This development is estimated to generate 5,060 vehicle trips per day (including
the existing Lowe's Home Improvement Store) based on the submitted traffic impact study.
2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
3. Traffic Impact Study: A traffic impact study was submitted with this application. The submitted
traffic study is for the entire site which is anticipated to contain a future Lowe's Home Improvement
Store, several other retail pads and a future multi -family housing complex. The traffic study was
compiled by Earth Tech Engineers. The following information is the executive summary of the
submitted traffic impact analysis.
EXECUTIVE SUMMARY
The site is proposed north of Ustick Road and east of State Highway 55 (Eagle Road) in Meridian,
Idaho. The site is estimated to have 358,000 square feet of shopping center and 56 multi -family
residential units. Eagle Retail development is projected to be complete by 2010.
This site is projected to generate an external average daily traffic (ADT) of 10,825 vehicles per
day, an AM peak traffic of 272 vehicles per hour, and a PM peak traffic of 945 vph.
Results from site traffic distribution indicate the following traffic patterns:
• 15% of the site traffic is projected to have origins/destinations west of the site and
travel on Ustick Road west of State Highway 55 (Eagle Road)
■ 20% of the site traffic is projected to have origins/destinations east of the site and
travel on Ustick Road east of State Highway 55 (Eagle Road)
■ 35% of the site traffic is projected to have origins/destinations south of the site and
travel on State Highway 55 (Eagle Road) south of Ustick Road
• 30% of the site traffic is projected to have origins/destinations north of the site and
travel on State Highway 55 (Eagle Road) north of Ustick Road
■ At build out year 2010, this site is projected to add approximately 3,400 vpd on State Highway 55
(Eagle Road) and Ustick Road, which is approximately 9% of the total traffic on State Highway 55
(Eagle Road) and 21 ■/o of the total traffic on Ustick Road.
• As a 5 -lane principal arterial, State Highway 55 (Eagle Road) is projected to have sufficient
capacity to accommodate the long-term traffic growth and site traffic generated by this site.
Auxiliary lanes maybe required at intersections.
■ By 2010, Ustick Road would need to be widened to three lanes east of State Highway 55 (Eagle
Road) with or without site traffic.
By 2025, Ustick Road would need to be widened to three lanes west of State Highway 55 (Eagle
Road) and four lanes east of State Highway 55 (Eagle Road) with or without site traffic.
At build out year 2010, this project is projected to contribute approximately 10% of the total PM
peak traffic at State Highway 55 (Eagle Road) and Ustick Road intersection.
E
State Highway 55 (Eagle Road) and Ustick Road intersection is projected to operate under PM
peak hour traffic conditions as follows:
• 2004 Existing E
• 2010 Background F
• 2010 Background + Site F
• 2025 Background F
■ 2025 Background + Site F
At build out year 2010, State Highway 55 (Eagle Road) and Ustick Road intersection would
require the following improvements to operate at LOS E:
• Add a right -turn lane on eastbound approach
• Add a right -turn lane on westbound approach
• Add another left -turn lane on westbound approach
The proposed site Access #1 on State Highway 55 (Eagle Road) is located approximately 530
feet north of State Highway 55 (Eagle Road) and does not meet the ITD spacing requirement per
access control management on State Highway 55 (Eagle Road).
• If allowed, auxiliary lanes are warranted on State Highway 55 (Eagle Road)
■ If allowed, the proposed site access approach is projected to operate at LOS F as
a stopped -control intersection under PM peak traffic conditions .
• Baldcypress Street is a partially existing road and meets the ITD access control spacing
requirement. It is located approximately Y+ mile north of State Highway 55 (Eagle Road).
• The opening of Baldcypress Street on State Highway 55 (Eagle Road) would
require a right -turn lane on the northbound approach and restriping the existing 2 -
way left -turn lane for an exclusive left -turn lane on the southbound approach on
State Highway 55 (Eagle Road)
• At build out year 2010, the approach on Baldcypress Street is projected to operate
at LOS F as a stopped -control intersection under PM peak traffic conditions
• The intersection does meet warrants for a traffic control signal but does not meet
the ITD spacing requirement for signalized intersections on State Highway 55
(Eagle Road), which is a Type IV access control facility
The proposed site Access #1 on Ustick Road is located approximately 350 feet east of State
Highway 55 (Eagle Road) and does not meet the ACHD spacing requirements for a full access.
• The proposed site access does meet the ACHD spacing requirements for a right -
in -right -out access
• Right -turn lane at least 210 feet in length is warranted on westbound approach
• At build out year 2010, right -turn from the proposed site access approach is
projected to operate at LOS C as a stopped -control intersection under PM peak
traffic conditions
The developer is proposing the site Access #2 on Ustick Road to be signalized at build out year.
Site Access #2 is located approximately '% mile east of State Highway 55 (Eagle Road)
• The intersection does meet warrants for a traffic control signal
• Right -tum lane at least 210 feet in length is warranted on westbound approach
• Left -tum lane at least 100 feet in storage length is warranted on eastbound
approach
■ At build out year 2010, the proposed site access intersection is projected to
operate at LOS B as a signalized intersection under PM peak traffic conditions
4. Impacted Roads
State Highway 55 (Eagle Road):
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Ustick Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
1,290 -feet
Principal Arterial
South of Ustick Road was 20,182 on 10-29-02.
North of Ustick Road was 18,898 on 10-29-02.
Currently better than C
55 -MPH
1,230 -feet
Minor Arterial
West of State Highway 55 (Eagle Road) was 7,707 on 4-5-00.
East of State Highway 55 (Eagle Road) was 9,926 on 4-5-00.
Currently better than C
45 -MPH
5. Site Information: The site currently has an existing 169,793 -square foot home improvement store
and garden center.
6. Description of Adjacent Surrounding Area:
a. North: 35.81 -acres owned by the First Church of Nazarene
b. South: Ustick Road and 34.229 -acres that include large acreages with single-family dwellings
c. East: Providence Place (single-family residential neighborhood)
d. West: State Highway 55 (Eagle Road) and 41.24 -acres that include large acreages with
single-family dwellings
Roadway improvements Adjacent To and Near the Site
Ustick Road is currently improved with 2 -traffic lanes with no curb, gutter or sidewalk abutting the site.
Ustick Road widens to 3 -lanes at the Ustick Road / State Highway 55 (Eagle Road) intersection.
There is sidewalk to the east of this site that was constructed as a part of Providence Place
Subdivision.
State Highway 55 (Eagle Road) is currently improved with 5 -traffic lanes with no curb, gutter or
sidewalk abutting the site.
The Ustick Road / State Highway 55 (Eagle Road) intersection is currently signalized.
8. Existing Right -of -Way
Ustick Road currently has a total of 50 to 84 -feet of right-of-way (25 to 42 -feet from centerline).
State Highway 55 (Eagle Road) currently has a total of 140 -feet of right-of-way (70 -feet from
centerline).
9. Existing Access to the Site
The site currently has two existing driveways that access the public transportation system.
There is an existing driveway that intersects Ustick Road approximately 168 -feet west of the east
property line. This driveway accesses an existing single-family residential home.
4
There is an existing driveway that intersects State Highway 55 (Eagle Road) approximately 600 -feet
north of Ustick Road. This driveway accesses an existing mobile home.
10. Site History
The District previously reviewed this site as a part of a rezone and certificate of zoning compliance
application (MRZ-04-009 and MCZC-04-053). The findings of fact and conditions of approval of this
report are consistent with the findings of fact and conditions of approval of the previous applications.
11. Capital Improvements Plan/Five Year Work Program
Ustick Road is not included in the District's Five Year Work Program, but is identified as items #85
and #86 in the District's Capital Improvements Plan. Ustick Road (from Cloverdale Road to Locust
Grove Road) is anticipated to become a 5 -lane roadway with curb, gutter and sidewalk in the time
period 2014 - 2018.
12, Other Development in Area
This is the last corner of the Ustick Road / State Highway 55 (Eagle Road) intersection that the
District has reviewed. Each of the four corners are zoned commercially (G -C).
B. Findings for Consideration
Right -of -Way and Sidewalk
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks
and bike lanes.
District policy requires 5 -foot wide (minimum) concrete sidewalk on all arterial roadways.
This segment of Ustick Road is in the Capital improvements Plan to be improved with 5 -traffic lanes
with curb, gutter and sidewalk abutting the site. After analyzing the site, staff believes that the
intersection will require 7 to 8 -lanes at the intersection of Eagle Road and Ustick Road. To
accommodate for the additional lanes at the intersection, staff recommends acquiring the right-of-way
that is anticipated for 7 to 8 -lanes at the intersection.
From Eagle Road to 500 -feet east of Eagle Road
Dedicate 60 -feet of right-of-way from the centerline of Ustick Road (from Eagle Road to 500 -feet east
of Eagle Road) abutting the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling the final plat
for signature by the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #198), if funds are available.
The applicant should construct a 5 -foot concrete sidewalk located a minimum of 53 -feet from the
centerline of Ustick Road abutting the entire site. If the sidewalk meanders outside of the right-of-
way, the applicant should provide the District with an easement for the sidewalk.
5
500 -feet east of Eagle Road to the East Property Line
Dedicate 48 -feet of right-of-way from the centerline of Ustick Road (from 500 -feet east of Eagle Road
to the east property line) abutting the parcel by means of a warranty deed. The right-of-way purchase
and sale agreement and deed must be completed and signed by the applicant prior to scheduling the
final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter
of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #198), if funds are available.
The applicant should construct a 5 -foot concrete sidewalk located a minimum of 41 -feet from the
centerline of Ustick Road abutting the entire site. If the sidewalk meanders outside of the right-of-
way, the applicant should provide the District with an easement for the sidewalk.
State Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation Department. The
applicant should contact the Idaho transportation Department for any requirements regarding the
dedication of additional right-of-way and the construction of sidewalk.
2. Access Points
District policy 7204.6.14 States that direct access to arterials and collector is normally restricted. The
developer shall try to use combined access points. If the developer can show that the use of a
combined access point to a collector or arterial street is infeasible the District may consider direct
access points based on the following guidelines:
• Less than 150 -feet of continuous frontage 1 -access point
• 150 -feet to 600 -feet of continuous frontage 2 -access points
• Greater than 600 -feet of continuous frontage 3 -access points
Once the access points have been approved, they are to be identified as such on the construction
drawings. The remaining frontage along arterial and collector streets shall be identified as having no
access.
The applicant is proposing to construct three access points to intersect Ustick Road. The applicant is
proposing to construct one public roadway and two driveways. The number of access points that
have been proposed meet District policy and should be approved.
The applicant is proposing to construct two access points to State Highway 55 (Eagle Road). State
Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation Department. The
applicant should contact the Idaho transportation Department for any requirements regarding access
restrictions.
3. Driveways
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type
facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for
driveways accessing collector and arterial roadways.
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. in accordance with District policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge.
Driveways on Ustick Road
District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection
to be located a minimum of 440 -feet from the signalized intersection for a full -access driveway and a
minimum of 220 -feet from the signalized intersection for a right-in/right-out only driveway.
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
45 to align or offset a minimum of 230 -feet from any existing or proposed driveway.
The applicant is proposing to construct a 26 -foot wide right -in right -out ONLY driveway that intersects
Ustick Road approximately 392 -feet east of State Highway 55 (Eagle Road). The proposed driveway
meets District policy in regard to width and location and should be approved with this application.
The applicant should construct a 6 -inch raised median within Ustick Road to restrict the driveway
function to right-in/right-out ONLY. The applicant should coordinate the design and installation of the
raised median with the District Staff.
The applicant is proposing to construct a 36 -foot wide full access driveway that intersects Ustick
Road approximately 750 -feet east of State Highway 55 (Eagle Road). The proposed driveway meets
District policy in regard to width and location and should be approved with this application.
Driveways on the Collector Roadway Located at the East Property Line
District policy 72-F4 (1) requires driveways located on collector roadways near a signalized
intersection to be located a minimum of 175 -feet from the signalized intersection for a full -access
driveway and a minimum of 85 -feet from the signalized intersection for a right-in/right-out only
driveway.
The applicant is proposing to construct a 36 -foot wide full access driveway that intersects the
proposed collector street that is located on the property's east property line. The driveway intersects
the proposed street approximately 305 -feet north of Ustick Road. This driveway meets District policy
and should be approved with this application.
The applicant is proposing to construct 36 -foot wide full access driveway that intersects the proposed
collector street that is located on the property's east property line. The driveway intersects the
proposed street approximately 670 -feet north of Ustick Road. This driveway meets District policy and
should be approved with this application.
Driveways on Bald Cypress Road
District policy F2 -F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways
to offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to
near edge).
The applicant is proposing to construct a 36 -foot wide driveway that intersects Bald Cypress Road
approximately 310 -feet east of State Highway 55 (Eagle Road). This driveway meets District policy
and should be approved with this application.
The applicant is proposing to construct a 36 -foot wide driveway that intersects Bald Cypress Road
approximately 300 -feet west of the proposed commercial street that is located on the property's east
property line. This driveway meets District policy and should be approved with this application.
The applicant is proposing to construct a 36 -foot wide driveway that intersects Bald Cypress Road
approximately 670 -feet west of the proposed commercial street that is located on the property's east
property line. District policy F2 -F4 (1) and 72-F4 (2), requires driveways located on
`I
commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of
50 -feet (measured near edge to near edge).
Driveways on State Highway 55 (Eagle Road)
The applicant is proposing to construct one driveway to State Highway 55 (Eagle Road). State
Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation Department. The
applicant should contact the Idaho transportation Department for any requirements regarding
driveway offset requirements.
4. Roadway Offsets — Modification of Policy
District policy 7204.11.6 States that the optimum spacing for collector intersections along arterial
roadways is 1,700 -feet to allow adequate signal spacing. The minimum spacing that is acceptable for
collector intersections along arterials is 1,300 -feet.
The applicant is proposing to construct a collector roadway that intersects Ustick Road approximately
30 -feet west of the east property line. The roadway is proposed to be located approximately 1,200 -
feet east of State Highway 55 (Eagle Road) and 675 -feet west of Duane Drive. This roadways
location does not meet the minimum offsets established by District policy for collector roadways
intersecting arterial roadways. Traffic Services staff have analyzed this area and determined that a
quarter mile collector is appropriate due to the fact that a collector roadway could extend from Ustick
Road to Fairview Avenue through the undeveloped parcels to the south of Ustick Road. Based on
the Traffic Services Staffs Analysis, staff is recommending a modification of policy to allow the
collector roadway to be constructed approximately 1,200 -feet east of State Highway 55 (Eagle Road),
as proposed.
The applicant is proposing to construct one public roadway to intersect with State Highway 55 (Eagle
Road). State Highway 55 (Eagle Road) is under the jurisdiction of the Idaho Transportation
Department. The applicant should contact the Idaho transportation Department for any requirements
regarding roadway offset requirements.
5. Street Sections — Modification of Policy
Commercial Streets
District policy 7202.8 and 72 -FIB, requires roadways abutting commercial developments to be
constructed as a 40 -foot street section with curb, gutter and 5 -foot concrete sidewalk within 54 -feet of
right-of-way.
The applicant (in a cooperative effort with surrounding properties) is proposing to complete Bald
Cypress Road just north of this property. Bald Cypress Road was partially constructed as a part of
Providence Place Subdivision. It was constructed as a 36 -foot commercial roadway with vertical curb
and gutter abutting approximately 75% of the site and was not completed abutting the remaining 25%
of the site due to the fact that the Idaho Transportation Department had not approved the access
point to State Highway 55 (Eagle Road). The applicant should widen the street section at the
intersection of Bald Cypress Road to a 50 -foot street section, as proposed, to accommodate for three
traffic lanes and the applicant should complete the street section to provide a 36 -foot street section to
include vertical curb, gutter and sidewalk abutting the entire site, as proposed. The applicant will be
required to dedicate the right-of-way that is necessary to accommodate for three traffic lanes on Bald
Cypress Road.
Collector Roadways
District policy 72-F1 B requires collector roadways to be constructed as a 46 -foot street section with
vertical curb, gutter and 5 -foot detached (or 7 -foot attached) concrete sidewalk within 70 -feet of right-
of-way with parking prohibited on both sides.
The applicant is proposing to construct a collector roadway abutting the east property line. The
applicant is proposing to construct the proposed collector roadway as a 36 -foot street section with
vertical curb, gutter and 5 -foot concrete sidewalk abutting the majority of the site with a 50 -foot street
section with vertical curb, gutter and sidewalk at the intersections of Ustick Road and Bald Cypress
Road. The District typically requires collector roadways to be constructed as 46 -foot street sections
with vertical curb, gutter and 5 -foot detached concrete sidewalk within 70 -feet of right-of-way. The
District will examine alternative street sections for collectors if the traffic volumes and safety within the
area can be accommodated by an alternative street section. Staff has examined the proposed street
sections anticipated traffic volumes and believes that a two lane collector roadway that provides three
lanes at the intersections will be safely and adequately carry the anticipated traffic from this site and
the surrounding area.
6. Public Roadways
The dedication of public right-of-way can only occur by means of recordation of a final subdivision
plat or execution of a warranty deed. The applicant will be required to dedicate the required right-of-
way by means of recordation of a final subdivision plat or execution of a warranty deed prior to the
District accepting the new collector roadway on the east property line.
Stub Streets
District policy 7203 .5.1 States that the street design in a proposed development shall cause no undue
hardship to adjoining property. An adequate and convenient access to adjoining property for use in
future development may be required. If a street ends at the development boundary, it shall meet the
requirements of sub section 7205, "non -continuous streets."
District policy 7205.5 States that stub streets will be required to provide intra -neighborhood circulation
or to provide access to adjoining properties. Stub streets will conform with the requirements
described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if
the stub street has a length no greater than 150 -feet. A sign shall be installed at the terminus of the
stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub
street must meet the following conditions:
1. A stub street shall be designed to slope towards the street intersection and drain surface water
toward that intersection; unless a satisfactory storm drain system is installed.
2. The District may require appropriate covenants guaranteeing that the stub street will remain free
of obstructions.
The applicant is not proposing to extend Broadleaf Street from the east property line. The applicant
is proposing to construct a pedestrian pathway ONLY from Broadleaf Street to the proposed collector
street. The applicant's proposal is consistent with the Meridian City Council action for the annexation
and rezone that took place on June 15, 2004. In order to preserve the option to open the roadway in
the future, the applicant is proposing to dedicate the right-of-way that is necessary to construct the
stub street in the future if the connection is desired to be opened at some point in the future. Staff is
supportive of the applicant's proposal to dedicate the right-of-way for a vehicular connection for future
use while constructing a pedestrian connection for the time being in lieu of a vehicular connection due
to the fact that a vehicular connection to the subdivision will be obtained with the completion of Bald
Cypress Road.
8. Ustick Road Improvements
The applicant is proposing to improve Ustick Road with vertical curb, gutter, sidewalk and pavement
widening. If the developer chooses to construct the full improvements on Ustick Road, all of the
associated costs shall be at Developer's sole expense unless the applicant enters into a Cooperative
Development Agreement approved by the ACHD Commission.
If the applicant does choose to improve Ustick Road at the sole expense of the applicant, Ustick
Road should be constructed as a 96 -foot street section with vertical curb, gutter and a 5 -foot
detached concrete sidewalk (or 7 -foot attached concrete sidewalk) from State Highway 55 (Eagle
Road) for a distance of 500 -feet. The applicant should then transition to a 72 -foot street section with
vertical curb, gutter and a 5 -foot detached concrete sidewalk (or 7 -foot attached concrete sidewalk)
abutting the remainder of the site on Ustick Road.
If the applicant chooses to meander the sidewalk on Ustick Road outside of the right-of-way, the
applicant should provide the District with an easement for the sidewalk. The applicant should also
obtain a license agreement for the landscaping strip and the meandering sidewalk. The license
agreement must be approved prior to plans acceptance and issuance of a building permit.
The minimum requirements that the applicant is required to complete include a center tum lane on
Ustick Road and right -tum lanes at each of the site's entrances. These improvements are equivalent
to 36 -feet of pavement from the centerline of Ustick Road. '"see the proceeding section for further
details
9. Turn Lanes
Based on the submitted traffic impact study, the site generated traffic requires the construction of a
center turn lane on Ustick Road. The applicant should construct the center turn lane on Ustick Road
to provide a turning pocket for all three of the access points that are proposed to intersect Ustick
Road. This will require the applicant to widen Ustick Road to 3 -lanes from Eagle Road to Duane
Drive. Coordinate the design of the turn lane with District staff.
Based on the submitted traffic impact study, the site generate traffic requires a right -turn lane on
Ustick Road of at least 210 feet in length is warranted at the right-in/right-out driveway that is
proposed to intersect Ustick Road approximately 392 -feet east of State Highway 55 (Eagle Road).
Coordinate the design of the turn lane with District staff.
Based on the submitted traffic impact study, the site generate traffic requires a right -turn lane on
Ustick Road of at least 210 feet in length is warranted at the full access driveway that is proposed to
intersect Ustick Road approximately 750 -feet east of State Highway 55 (Eagle Road). Coordinate the
design of the turn lane with District staff.
10. Signalization of Ustick Road and the Quarter Mile
The applicant is proposing to construct a public roadway at the east property line. This roadway is
located at the quarter mile. The applicant has submitted an intersection analysis showing the
warrants of the signal will be met at build out of the 39 -acre site. A final intersection analysis and
District review should be completed once the applicant requests that this intersection be signalized.
If the applicant proceeds to obtain a signal at the intersection of Ustick Road and the new collector
roadway, the design, construction and installation of the signal will be at the sole expense of the
applicant. The applicant will also be required to install opti-com on the signal for emergency services.
If any right-of-way is needed for the signal, the applicant will responsible for the dedication of the
10
needed right-of-way. The applicant should enter into a development agreement with the District
regarding the proposed signal.
C. Site Specific Conditions of Approval
Dedicate 60 -feet of right-of-way from the centerline of Ustick Road (from Eagle Road to 500 -feet east
of Eagle Road) abutting the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to scheduling the final plat
for signature by the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication
after receipt of all requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #198), if funds are available.
2. Construct a 5 -foot concrete sidewalk located a minimum of 53 -feet from the centerline of Ustick Road
abutting the entire site. If the sidewalk meanders outside of the right-of-way, provide the District with
an easement for the sidewalk.
3. Dedicate 48 -feet of right-of-way from the centerline of Ustick Road (from 500 -feet east of Eagle Road
to the east property line) abutting the parcel by means of a warranty deed. The right-of-way purchase
and sale agreement and deed must be completed and signed by the applicant prior to scheduling the
final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter
of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #198), if funds are available.
4. Construct a 5 -foot concrete sidewalk located a minimum of 41 -feet from the centerline of Ustick Road
abutting the entire site. If the sidewalk meanders outside of the right-of-way, provide the District with
an easement for the sidewalk.
5. Construct a 26 -foot wide right -in right -out driveway ONLY that intersects Ustick Road approximately
392 -feet east of State Highway 55 (Eagle Road), as proposed. Construct a 6 -inch raised median
within Ustick Road to restrict the driveways functions to right-in/right-out ONLY. Coordinate the
design and installation of the raised median with the District Staff.
6. Construct a 36 -foot wide full access driveway that intersects Ustick Road approximately 750 -feet east
of State Highway 55 (Eagle Road), as proposed.
Construct a 36 -foot wide full access driveway that intersects the proposed collector street that is
located on the property's east property line, as proposed.
8. Construct a 36 -foot wide full access driveway that intersects the proposed collector street that is
located on the property's east property line, as proposed.
9. Construct a 36 -foot wide driveway that intersects Bald Cypress Road approximately 310 -feet east of
State Highway 55 (Eagle Road), as proposed.
11
10. Construct a 36 -foot wide driveway that intersects Bald Cypress Road approximately 300 -feet west of
the proposed commercial street that is located on the property's east property line, as proposed.
11. Construct a 36 -foot wide driveway that intersects Bald Cypress Road approximately 670 -feet west of
the proposed commercial street that is located on the property's east property line, as proposed. ).
12. Construct a collector roadway that intersects Ustick Road approximately 30 -feet west of the east
property line, as proposed.
13. Complete the existing street section of Bald Cypress Road to provide a 36 -foot street section to
include vertical curb, gutter and 5 -foot concrete sidewalk abutting the entire site and widen the street
section at the intersection of State Highway 55 (Eagle Road) to a 50 -foot street section, as proposed,
to accommodate for three traffic lanes. Dedicate the necessary right-of-way to accommodate for
three traffic lanes on Bald Cypress Road.
14. Construct the proposed collector roadway as a 36 -foot street section with vertical curb, gutter and 5 -
foot detached concrete sidewalk (or 7 -foot attached) abutting the majority of the site; transitioning to a
50 -foot street section with vertical curb, gutter and sidewalk at the intersections of Ustick Road and
Bald Cypress Road.
15. Dedicate the required right-of-way of the new collector roadway by means of recordation of a final
subdivision plat or execution of a warranty deed prior to acceptance of the public roadways.
16. Dedicate the right-of-way that is necessary to extend Broadleaf Street to the newly proposed collector
roadway.
17. Construct a pedestrian pathway ONLY from Broadleaf Street to the proposed collector street, as
proposed.
18. Construct the center turn lane on Ustick Road to provide a turning pocket for all three of the access
points that are proposed to intersect Ustick Road. Coordinate the design of the turn lane with District
staff.
19. Construct a right -turn lane on Ustick Road of at least 210 feet in length at the right-in/right-out
driveway that is proposed to intersect Ustick Road approximately 392 -feet east of State Highway 55
(Eagle Road). Coordinate the design of the turn lane with District staff.
20. Construct a right -tum lane on Ustick Road of at least 210 feet in length is warranted at the full access
driveway that is proposed to intersect Ustick Road approximately 750 -feet east of State Highway 55
(Eagle Road). Coordinate the design of the tum lane with District staff.
21. Enter into a development agreement with the District regarding the proposed traffic signal at the
intersection of Ustick Road and the new collector roadway.
22. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit a letter from
ITD regarding the said requirements prior to District approval of the final plat or issuance of a building
permit (or other required permits), whichever occurs first. Contact The Idaho Transportation
Department's District III Traffic Engineer Dan Coonce at 334-8300.
23. Comply with all Standard Conditions of Approval.
IPA
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance.
9. 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 (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waivedvadance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
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E. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
14
15
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
iL
PLANNING & ZONING DEPARTMENT
INSPECTION CHECKLIST
COMMERCIAL/CZC SITES
This checklist should be attached to the inside cover of the CZC file at ALL tunes.
Planner/InspectorName:
l c�
ProjectName: CZC File No.:'g f g
Contractor/Company Name: Phone No.: �J tE
First Inspection Date:
Second Inspection Date:
Third Inspection Date: / l _ (NOTE: If a third inspection is required, a fee of $60 must be
submitted to the P&ZDept. be ore the inspection is done.)
Landscape Plan Checklist
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Site Plan Checklist
Item
Site Notes
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1. Standard stall dimensions
2. Compact stall dimensions
3. Handicap stall dimensions
4. Handicap signs/striping
5. Aisle width
6. Wheel stops (if required)
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at
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f i Anv�:'ttc '3YI1L3.3>is :r li.a. •,.;.
1. Min. 3 -sided screening
2. Constructed per plan
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1. Verify location
2. Verify minimum width
E. Curbing
1. Installed per plan
conditions/Redlines
Verify any special
LT.pecial
ditions from CZC or
ine notes on plan areplete
2 Rev. 5:25.4?5
i'cLlPolicies
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Post -Inspection Checklist
Item Date Com Tete
A.Incomplete? (Follow 5 steps below) @
1. Obtain bid for incomplete improvements + 110%
P
2. Owner/contractor posts surety (cash, check or Letter of Credit)
3. Clearlyprint # ofdays the "Temp CO" is valid on card
4. Sign "Temporary" column on CO card
5. Submit check or Letter of Credit to Finance Dept. with memo
1. Sign and date "Final' column on CO card �� El
2. Notify Finance Dept. to release surety (if it was a Temporary CO)
I 2. Complete checklist and close file I /
*The only instance that a CO maybe released prior to 100% completion of improvement is inclement
weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2.
Xee. 5i?5/0+
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