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Harley Davidson CZC 06-149x ~~ ~~ a ~ i k = ' ~i CITY C1F ~`i ~i~i a. i ~~ i ~ ' ~ t ~. ~~~•-ts K~ . ~~ ~ _d C~IZTI~`~CAT~ ®F ~®N~IVG ~®112~'L~AIoICE~` Date: August 30.2006 ProjectNazxle/Number: HarIe Davidson - CZC-06-149 Owner:_.. TMI Gxoun, Inc. Site Address: Lots S 9 & 10 Block 3 Destination Place Subdivision Proposed Use: HaI•le Davidson Retail and Re air Zoning: C-G Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and the conditions of approval for the Destination Place Subdivision. Issuance of this permit does not release the applicant from any previous requ.iretnents of other perrnits issued for this site. The issuance of this permit does not release the applicant from any requirements of the approved Preliminary Plat (PP-04-042), Final Plat (P'P-OS-014}, as well as any Development Agreements recorded for this site. Landscaping The Landscape Plan prepared by Larson Architects on August $, 2006, Sheet Number L1.0, is approved {stamped "Approved" on August 30, 2006, by the Meridian Planning Department) with the following changes {see redlixie changes on plan}: 1) Per UDC 11-3B-8C-2a, all landscape planters_ shall not be less than five feet (5') in an dimension,_ measured inside curbs. Please install,.,-shrubberv. lawn, or,.,.other appropriate v_e..~etation to accoun,, ,t for the increased planter width. 2) Znsta[l one landscape planter as depicted ,©,n,_the site and landscape plan In order to, accommodate this the width of the Iandsca a lanter at the end of the arlrin row to the west ma be reduced b several feet. Width ma also be taken from the drive aisle fo the east. Said drive aisle however ma not total less than twee -five 25' in width. 3} Per UDC lI-3B-8C-1b the eritneter Iandsca a buffer shall be lanted with. one 1 tree er thi -five 35 lineal feet. Provide 1 more tree in _t_lae__landseape buffer as depicted on the Iandsca a Ian. The approved landscape plan. is not to be altered withol.rt prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Site Plan: The Site Plan prepared by Larson Architects on August 11, 2006, Sheet Numbers SP-1 and SP-2.0, is approved (stamped "Approved" on August 30, 2006, by the Meridian Planning Department) with the following changes (see redline changes on plan): 1} Per UDC 1I-3B-8C-2a all Iandsca a lantern shall not be less than five feet 5' in an dimension,_measured inside curbs. 2} The scale on the site Ian should reflect 1" = 20'-0" not l." = 40'-0". 3} Install one landsca a lancer as de icted on the site and landsca a lap. In order to accommodate this the width of the landsca a linter at the end of the arlan row to the west ma be reduced b several feet. Width ma also be taken froxt~ the drive aisle to the east. Said drive aisle, however,,~may not total less„than. twenty,-five (25'}„in width., The approved site plan is not to be altered without prior written approval of the Planning Department. Irri ation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection ofExistin 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 campliarzce with UDC 11- 3B-10-C.5. Parkin: The proposed. parking areas shall be paved. and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number anal 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 appropriately. Cu__„_rbin~: Per UDC I1-3B~SI, all landscape areas adjacent to driveways, parkuig 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 Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be consix•ucted prior to occupancy. Dra_....,._ inane: 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 1 I-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. Comply with alt lighting standards as defined in UDC Y1-3A-11. Signagew No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must be built ul the location and to the size approved by SSC. Handicap-AceessibiIity: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACRD 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 ACRD requirements, a new site plan shall be submitted to the City of Meridian PIanning 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 Iandscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved Iandscape :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% oftlae cost ofthe remaining impravennents. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for the changes mentioned above, the approved Site Plan and Landscape Plan stamped "Approved" on August 30, 2006, are not to be altered without prior written approval ofthe Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. Arttanda Hess Associate 1'Ianner *This letter does not indicate coranpliance with requirements of atherdepartments/agencies, including, but not limited. to, Ada County Highway District, Central District Health Department, a~'ected irrigation district(s), Meridian. Sewer, Water, Building or dire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year £rofn the date ol'issuance if work has not begun. ~~~~'1 c'1 r't;~'lr:f ~r'J •~j~ ~~~~ PIannxng Depaa->~menf 11l 1F;1 i ~~ ~ ~° ~.~~~~~~~1!fINISTRATIVE REVIEW APPLICATION ~ ~~ *~, K~~~~ Type of Review Requested (check altlaat a 1 PP Y) ^ Accessory Use ^ Alternative Compliance x Certificate of Zoning Compliance ^Conditional Use Fermis Minor Modification ^Desigra Review ^ Property Boundary Adjustment ^ Short Plat © Temporary Use Certificate of Zoning Compliance © Time Extension (Director) ^ Vacation ^ Other STAFF llSI ;ONLY: File Numbers}: ~Z [ ~ O(o! ~'~ q ...,.,_ Project name: ~ W~ i P~ ,~ Date fled: ~~ --0~ Date complete: Assigned Planner: a~ S Concurrent files: Applicant Information Applicant name: TMI Grou Inc Phone: 338-5599 Applicant address: 3602 Chinden BI~d. Garden City, Idaho Zip: 837] 4 Applicant's interest in property: X Own ^ Rent ©Optioned ^ Other Owner name: Same as above Phone: Owner address: Ztp: Agent name (e.g., architect, engineer, developer, representative}: Cornet ],arson Firma name: Larson Architects P.A. A dress: 2.J 0 Murra , .. , .. - v Street, Boise Zip: 83714 Primary contact is: X Applicant ^ Owner ^ Agent ^ Other Contact name: Dave Thomas Phone: 338-5599 I/-mail: tl~oinas8484 cr,coancast.net Fax: 338-5981 Subject Property infarwation Location/street address: 2310 E Cinema Drive Meridian Idaho 83642 Assessor's parcel number(s): RI814730I30 R1814730I40 81814730150 Township, range, section: 3N ] E 17 Total acreage: 3.588 Current land use: Vacant Current zoning district: C-G Previous files: b60 E. Watertawer Lane. Suite 242 Meridian. Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6678 • Website: ~ti•n~~~.nieridiancitv.or~ 1 Project Description Project/subdivision name: Lots 8,9. ]0131d 03 Destination Place Subdivision General description of proposed prajectlreques€: Proposed 51.665 sa. ft Motorcycle sales, repair and merchandise sales. Proposed zoning districts}: Same CG Acres of each zone proposed: 3.588 Type of use proposed (check all that apply}: ^ Residential X Commercial ^ Office ©Industrial ^ Other Amenities provided with this development (if applicable); None Who will own & maintain the pressurized ]rrigation system in this development? Nampa-Meridian ]rriaation Which Irrigation district does [iris property lie within?Namna-Meridian irri, anon Primary lrrigalion Source; ]nigation Secondary: City Water Sqaare footage of landscape areas to be irrigated (if primary or secondary point of connection is City water): 1 Q.799 s.f. Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Proposed number of dwelling units {for multi-family developments only): 1 13edroom: Minimum square footage of structure(s) (excl. garage}: Proposed building height _ lvlinimum property size (s.~: Average property size (s.f.}: . Gross density (Dt1/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage ofopen space provided: Acreage of open space: Percentage ofuseable 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 ^ Mulri-family Number of building lots: 2 or more Bedrooms: Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: 51,b65 s.f. Existing {if applicable): NIA Hours of operation (days and hours}: Building heigJtt: 35'-0" Max. Percentage ofsite/project devoied to the following: Landscaping: 25.0% Building: 21.4°/a Faving: 53.6% Total number of employees: ~,,,, .,_,____ Maximum number of employees at any one time: ~~ Number and ages of students/children {if applicable}: Seating capacity: Total number of parking spaces provided: 115 Number ofcompact spaces provided: Authorization Print applicant name: Dave Thomas Applicant Signature: Date: August 8, 2f}f}6 6b0 E. Watertawer Lane_ Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 + Facsimile: (208) 888-6678 Website: ~v~v~v.meridiancitv.ore 2 August 11, 2005 Proposed Use of Property The proposed use of the property is for the new regional Harley-Davidson Dealership. This store will incorporate the sales of new and used motorcyeIes, repair and maintenance of motorcycles and merchandise sales of accessory parts and clothing. Parking will be provided for 110 cars. A large canopy and a series of smaller canopies are incorporated into the design for protection of tlae display of the motorcycles and people gathering outside the main entxance. Page 1 of 1 Untitled map ~.ttp:11208.186.142.152/imf/~nfPrintMa~ jsp?title= 8/3/2006 THIS NEAP NOT INTENDED FOR NAVIGATIONAL USE ~~~ +®NSTRUCT(QN ~NIPA M~'RIDIAN 435.'i "' ~T' STANDARDS {~:-1~,~Aa ANS. _ _~._f _1--- _~ _ ~3~ 4f , . --, -- -- " .! I ~~~~~ I ~ ~ F I , Ii I 'I ~ I L___--- I ~-- ~ -~ - - ~._. _- _.-~ ._. _-. _~~ _ ..___-k --.--------------___-- _. --- ---- ~~-. ----~ _.~.. _ ~- __,,.__.~ _--_---~_-w_- i l l L arress and ~~~ I, ~~~~ i~ If , ! i^1 I ~ ulilit; oasen:c•rri q.C. ? ~_ 4~~ f -j '- 1 l ~ 3..1 i j Ire i ~°:,:'~.~~f_ I! , i ! I i ~ ~ ,: ( ~ I , ~j-~-' fig # , il, e. ~ ~` , __ . I ~ ~ ~!~ c, s--'~~~ i3i!_ LCT" ~ ~ III~I~ Iln I lE~ I i 4.. Ilr,~ I j i I ~~~ ~i rl ~,.,~__a ',~~ I ~ g~ 185,8?~- S.F. If !',~ i --- f' I LUG '~ Ilifl , -~ ~ ~ , ~a -, ~r~ _ _ _ ll,r Y f I ~ f`f ~, ~ Ilr l +~ g ! 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RAREFY-DAVIDSQN Larson Architects, A.A. ~` a ~ 2370 E. CINEMA DRIVE w,.nin.r,e. a.,e rs.ei r,eai. rm,.,,: 21o Afurray Sireef ~ ;t~ :r4~ MERIDIAN, 1DAEi0 Doise, Idaho 89710 fi ~~~ (208} 376-9502 a a m ~~~~ 's $~ 1f~ ~~;~ ~ I - j R § bQ _ ~ - - --~ ~ ~~ I f I ~ ) I I ~ I 1 ~-__.._. -~ --I - t. €-.;__:. j ' ~ - _ I 3~ .__ i I _ I F ~ I ~ ©f I I I `' I ( - --O ...LJ I I ~ f I I ~_ _ G . ~ I -O j I -~ r - L I~I I ~ I I t ~I ° I I I \y I I I _ ~Z n~ ual ~ _ _ ~. ~~ trN ws i I I 1 I I _-~ ~ I ~J I I I I ~_ f .. I~ I~ I I~-- ---~ i I I ,~. ,~„. - - -~ I - - ~ ~ I j I N ~- - --~ - ~ ~ ! Z ~ o --i ~ ~ I ~ I ~~~ m 8 rm- , .' ~ I ~ E ~ F f o E,- , . I I o ~ ,. a I I a~ I ~~~ I bo i f I e ---~ ~ I I ~ I ~~ I I I __ ! ! I I --~ --• ••---• V •.,••,•,• ~•.-,,.,...°-.• °R.•~~.., ... ~~. ac icsunvu .nuurr rur nv~rrn rrwlssro~v ar raF .ecxirecr ~ ~ ~ - c °^ F ? ~~ z ~ g nw~n RAREFY-AAVIRSON .Larson Architects, P,A. i.eA: f..e,e.i a.yd A.e! F.fal. Plamfn 9 ~ ~ 2314 E. CINEMA DR1VE 210 hlterray Street ~~ `~B ! MERIDIAN, IQAHO efsise. Idaho 837ra ~ -° (208) 376-7502 0?--2?-` D6 13:39 ~1~OM-SSC 21~88885~5? T--3?3 P001/~~5 F-060 w~~ 3uly 27, 2006 Sanitarsr Services Ca_ _ Bill Gregory PQ 13ax 626 Meridian, ldah© 8368D RE: Certificate of Zoning Compliance {CZC) Application Harley - Aavidson Showroom 23 I0 E. Gizaezna Drive Mr. Gregory: Please find eneSose are overall site plan and the typical txasb. enclosure details on the Harley Davidson Showroom building_ This btulding is located next to the Majestic Theatexs crffthe I-~S4 Freeway. The project consists of a 55,000 twv scary structuze for the sales and repair of Harley_ I~a~vidson motorcycles and accessories. V+le are proposing our typical cflncrete rift up trash enclosure details, 'We anticipate submitting for the C$ttificate of mooning Compliance late next monkla, and v~ould appreciatC lour commCnts and approval. Sincerely, Larson A.rchi~cts SANITARY SERVICE CQMPANY , ~ppr° By ~o~ Brad Marczuk _ a ~~~~~~~~~,~.~ COI~I~ENTS:.~z~~ ~~~~.~~~ -- -~edvl~~ ~~~a~ do~cA,~~s ~~gca' ~a r~~ rS~ e ~ u9-.~ c,L.. . 0 0 C _J ;~;~~ ~ r" a., Q7 `° ~~. ,`~ ~ m Cl. u~ r,~ 1g CITY OF t ` (~ f~' N' OTE: T7eis is not n Bgildiae Permt4 / ~, , ~~Yr~r~n ~ Prior to anv construction you should contacP the Boildin De art nt at li 1D AH0 `\ ~ ~ 1 (2 0 81 8 8 7-22ll to verify ifanv ddifional permits and/or inspections will he \\\\\\\\\\\\ yR Q~ ~ required by the Meridian Ruildiny Department. CERTIFICATE OF ZONING COMPLIANCE* Date: August 30.2007 Project Name/Number: Idarlev Davidson - CZC-06-149 Owner: TMI Groun. Inc. Site Address: Lots 8 9 & 10 Block 3 Destination Place Subdivision Proposed Use: Harlev Davidson Retail and Renair (Storage Shed) Comments: ConditionsofApproval• Project is subject to allCUrrentCityofMeridiatiordinancesandtheconditionsofapprovalforthe Destination Place Subdivision. Issuance ofthis permit does notrelease the, applicant from anyprevious requirements ofother permits issued for this site. The issuance ofthis permit does notrelease Elie-applicant from any requirements ofthe approved Preliminary Plat (PP-04-042), Final Plat (FP-OS-014), as well as any Development Agreements recorded for this site. 1) Any removal of existint=_ trees and shrubs shall be relocated and replanted on the site 2) The access road adjacent to the proposed shed site shall remain open and said shed shall not encroach into ACHD s easement or the rear 50' easement Landscapine: The Landscape Plan prepared by Larson Architects on September 14, 2006, Sheet Number L-1, is approved (stamped "Approved" on June 1, 2007, by the Meridian Planning Department) with the following changes (see redline changes on plan): 1) Per UDC 11-3B-8C-2a, all landscape Dlanters shall not be less than five feet (5') in anv dimension measured rnsrde curbs: Please rnstall shrubbery, lawn, or other appropriate veeetation fo account for the increased planter wrdth. 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 Plan: The Site Plan prepared by Larson Architects on August 11, 2006, Sheet Numbers SP-1 and SP-2.0, is approved (stamped "Approved" on August 30, 2007, by the Meridian Planning Department) with the following changes (see redline changes on plan): Y) Per UDC 11-3B-SC-2a, all landscape planters shall not be less than five feet (5') in anv dimension measured rnsrde curbs. 2) The oritr_inal location of the 10' X 16' shed is not allowed to be located within the 50' easement Plannin has redlined the site plan to illustrate the placement of the new s11ed The approved site plan is not to be altered without prior written approval of the Planning Department. Elevations: The Elevafions for the 10' X 16' shed prepared for the Harley Davidson site are approved with no changes from the Planning Department. ;~~~ Irri ae tion: An underground, pressurized irrigation system must be in~talled to all landscape areas per the approved / specificafions and in.accordance with UDC 11-3A-15. 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 DepartmentArborist (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 11-3B-10-C.5. Parkine: 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 ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed appropriately. Curbine: Per UDC 11-3B-SI; 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 maybe cutto allow foi• storm watermnoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-1 Z Sidewalks shall be constructed prior to occupancy. Draina¢e: 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. Fencine: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Li tin :Lighting shall not cause glare or impact the traveling public or neighboring development. Comply with all lighting standards as defined in UDC 11-3A-11. Si~rraae: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All 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. Handicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the is~lzance 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 staff for approval prior to the issuance of a building permit. Certificate of Occupancy: 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 ofthe 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 Creditor cash in the amormt 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 Plan and Elevations stamped "Approved" on August 30, 2007, are not to be altered withoutprior written approval ofthe Planning Deparhnent. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. '%~~ ~( 1~'. CU~7i.J Bill Parsons, Associate City Planner xThis letter does not indicate compliance with requirements of other depadments/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. • Existing natural features such as canals creeks drains ponds wetlands , , , , , flood ]airs, hi h ovndwater areas, and rock outcro in s. ~' ~ }~" • Location, size, and species of all existing trees on site with trunks 4 inches or °~' greater in diameter, measured 6 inches above the ground. Indicate whether the ` tree will be retained or removed. _ ~ t,«s • A statement of how existing healthy trees proposed to be retained will be ;`r; , 3''' rotected from dama a during construcrion ,gk,'1 • Existing structures, planting areas, light poles, power poles, walls, fences, beans ~_~. ~ ~; parking and loading areas, vehicular drives, trash areas, sidewalks, pathways xt s .n„~ ,_; stormwater detention areas, si s, street furniture, and other man-made elements ~ • Existing and proposed contours for all areas steeper than 20% slope. Berms shall ~~ ` ~' be shown with one-foot contours. • Si ht Trian les as defined in 11-3A-5 of this ordinance. • Location and labels for al.] proposed plants, including frees, shrubs and , groundcoveCS (trees must not be planted in City water or sewer easements). Scale shown for lant materials shall reflect a roximate mature size • A plant list that showsthe plant symbol, quantity botanical name common name , , minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin ,and installation as a ro riate). • Planting and installation details as necessary to ensure conformance with all ,5~ } re uired standards. , ,,_ - - • Desi n drawnn s of all fencin ro osed for screenin u oses • Calculafions 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 ofright-of--way) `~ c "~ - Width of parking lot perimeter landscape strip ~ } - Buffer width between different land uses (if applicable) ~~" - Number of parking stalls and percent of parking area with internal landscaping - Total number of trees and tree species mix z ~; - Mitigation far removal of existing trees including number of caliper inches ~ , - beih removed ~ _ ~ „, ,4 , ;,,,; Reduction of the landsca a Ian (8 %" x 11") ~ w ~ - Building elevations showin construction materials s~: If applying for approval of a public school, provide additional information as required by n,,' the Public School Facili su lemental checklist er 67-6519. ~ , ,~' ,,,~~. Fee 1f this ro'ect had riot a royal on a site tan, reduced fees ma a 1 ACHD Acce t~nce: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, ifarry, shall be paid prior to the issuance ofa building permit. Ifarry 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 & ZoningDepartment for approval prior to the issuance ofa build/ngpermit. Your buildingpermit wi71 not be issued until ACHD has approved your plans and all associated fees have been paid THISAPPLICATIONSHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. ~, . 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (206) 888-6854 Website: www.meridiancity.org (Rev. 9/21/06) I AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) ~~~/Pr~~ tee) (address) /'" -~a~• (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: ,~ ~^ ~/eG , 23,0 ~c%~~.a ~ d~-,d:~..~ (name) (address) to submit the accompanying application(s) pertaining to that property. 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. 3. I hereby grant permission to CiTy of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this~Q~~d y of ~~f' , 20 e7 SUBSCRIBED AND 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org (Rev. 9/11/06) I ~~ - I:)AHI'~ ~~ .~r F{' ~~~. ,,. Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Accessory Use ^ Alternative Compliance ,~t ,,tt rr Certificate of Zoning Compliance - IvlOd _ ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street _ ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other STAFF USE ONLY: File number(s): I~Z C - Qtp - ~ y9 Ito d ~ II // Projectname: q/'~2 v. Af. S7vro.' s Date filed: -2 -a7 Date complete: -~-~ Assigned Planner: .Related files: ~.~ 1, ~ ~~? I Applicant Information Applicant name: ~ ~~rrv.c,~n +~ `n G~~,~py-e /,/~r~ 7 CGC~n,Urs phone: ~70~ -~/~) -c~S Z ~YUJ Applicant address: CI~$ l~~,rh 1-cct7e. f~~'4,•,Pc~ ~,~ Zip: f336pJf,~ Applicant's interest in property: D Own ' ^ Rent- ^ Optioned 6d'Other Owner name:~,'oh ~G6rr+ /~~^/c)/-t7o,y Son Phone: 338-5`S 5~ Owner address: ;Z 3 ~ O ~. Gd N E MA g7Rt V E Zip: b 3~ 5'Z Agent name (e.g., architect, engineer, developer, representative): ~.>)7'' M i~ic ra Firm name: Address: Primary contact is: ^ Applicant ^ Owner .'Agent ^ Other Phone: Zip: Contact name: ~JGo7f AA 136~LG Phone: .'(~+9-y6s-cGS.Z E-maiL• SRu(/ESY\~{~ipL ~ Juno ~ ..-. Fax: Subject Property Information Location/streetaddress: X310 E GrNEMA tJRI VE Assessor's parcel number(s): Township, range, section: ~~ ~ f ~ Total acreage: ~ , S~ Current land use: ~~yl f! /~j~ Curren[ zoning district: G 660 E. Watertower Lane, Suite 202- Meridiaq Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: wwrv.meridiancity.org 1 _ (Rev. 9/2//06) l _ ~ Project Description Project/subdivisionuame: C. S r General description of proposed projB Urequest: S~ Proposed zoning district(s): _ Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): j~- Who will own & maintain the pressurized irrigation system in this development? ~ ~ ~ Q ~ ~~ Which irrigation district does this property lie withinv Primary irrigation source: 5 tn.~-`~ Secondary: Square footage of landscaped azeas to be irrigated (if primary or secondary point of connection is City wale Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: 2 or more Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: Percentage of useable opens ee: J /,Ea (See Chapter 3, Article G, for qualified open space) Type of open space pyolyded nr acres (i.e., landscaping, public, common, etc): Type of dwelijng(s) proposed: ^Siugle-family ^ Tovmlromes ^ Duplexes ^ Multi-fannly Number of btilding lots: II Other lots: i Gross floor area proposed: t . Existing (if applicable): ~` l a ~n Hours of operation (days and hours): et/ ~~} Building height _ `] ~ ~ r ~ I Percentage of site/project devoted to tl}e following: Landscaping: Total number of employees: Number and ages of students/children (if Total number of parking spaces provided: Authorization Building: N ~~ Paving: ~~ Maximum number o~ ployees at any one time: :abl~ y~ ~- Seating capacrty: Number of compact spaces provided: _~IL%~ Prin[applicantname:~ac:o77 /l1 l~eq-/~ Applicant signahue: ~ p a, ~ _~ ~~ `Q 7 Date: ~ 660 E. Wa[ertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: vnvw.meridiancity.org 2 CERTIFICATE OF ASSUMED BUSINESS NAME FLED ~F~ECT11rE Pursuant to Section 53-504, Idaho Code, the undersigned submits for filing a certificate ofASSUmed Business Name. ,. ~. ,J(J~ I F'i1 3~ 45 Please type or print legibly: NOTE: See instructions on reverse before filing. ~ ~; .:, ,,;r`~E .,~~.. ~ i... 1. The assumed business name which the undersigned use(s) in the transaction ~of business is: High Desert Harley-Davidson Buell 2. The true name(s) and business address(es) of the entity or individual(s) doing business under the assumed business name: Name Complete Address TMI Group, Inc. Clt~a(2i 3602 CHinden Btvd Boise, ID 83714 3. The general type of business transacted under the assumed business name is: (] Retail Trade ^ Transportation and Public Utilities ^ Wholesale Trade ^ Construction ^ Services [.] Agriculture submit Certificate of ^ Manufacturing ^ Mining Assumed Business Name and 525.00 fee to: ^ Finance, Insurance, and Real Estate 4. The name and address to which future correspondence should be addressed: TMi Group, INC. 3602 Chinden Blvd Boise, ID 63714 5. Name and address for this acknowledgment Copy iS (irother than # a above): John Minton PO Box 2702 Boise, ID 8 Signatu (atpnalura roq,uwal Printed Name: David Thomas CapacitylTitle: Vice President (see in5lrucfion t 8 on back of form) Secretary of State 700 West Jefferson Basement West PO Box 83720 Boise ID 83720-0080 208 334-2301 Phone number (optional): 208-345-0200 Secretary of Stele uae only S ~EE d e~i2i~2eras~®s i~e® pll 2sYtet cr: t9ee73 axl ez3iis6 t o zs.ee s zs.ee Ii~NI NAME M z b qr~~~ I Rug 11 06 10:3?- r Robert Thomas I~ WARRANTY ft)EED Order No.: AT-5000529665AK 480-539-6852 FOR VALUE IiLCEIVED Soisu Valley Commons, LLC, an Idaho limited liability company, . thc gt-anlot(s), do(es) hereby grant, bargain, Sell and convey unlo TtdZ Investment Group, LLC, an Idaho limited liability company whosc.cun-cot address is 1825 E. Say 1'rce Cir., Gilbert, AZ, 85234, the grantee(s), the following described premises, in Ada County, Idaho, TO WIT: Lots 8, 9, and 10 in Block 3 of Destination Place Subdivision, according to the official plat thereof, filcal in Book 93 of Pdats at Page(s) 11190 through 11192, Oftida! ltcwrds of Ada County, ldalto. TO HAVE AND TO IiOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And thc said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/arc thc owner(s) in fcc simple of said premisrs; that they aze Free from all encumbrances Except: Current Ycar_ Tuxes, conditions, covenants, restrictions, reservatioRS, easements, rights and riglt[s of way, apparent or of record. And that (s)he will warrant and defend dte same from all lawful dxitns whatsoever. Dated: April 11, 2006 i3oise Valley Commons, LLC, an ldalto limited liabiliry c ~ mpany _ ~ / By: Kevin C, Knighton State of Tdaho } }ss. County of Ada } On [Cris 1 Itlt day of April in the year 2006 before rne, David Choate, a Notary Rtblie iu and for said state, personally appeared Kevin C. Knighton, ]mown or idcntiticd to me to be thc member in the Limited Liability C',ompany known as Boise V,dlcy Commons, LLC, an Idaho IinilLcd liability company, who executed dtz foregoing inslnimcnt, and acknowledged to me that he executed the same in said LLC name. " IN WITNESS WIILRL•Oh, l have hereunto set my hand end affixed my official sea] thc day and year in this certificate first above wrinen. ^~,onrl; ~,, ~~, Q 1r~~~~~a ~ fe s ~ :._ v - PU0 ~'`O , ~TATB 04t Nol-ary Public for the State of Idaho Residing at: ~~~ Commission E>.yires: 3 _ 3 ~ _ / o p.2 ~ ~ ~ Page 1 of 1 Untitled Map http://208.186.142.152/imf/imfl'rintMap. j sp?title= 8/3/2006 THIS MAP NOT INTENDED FOR NAVIGATIONAL USE ~,s'oG ,.gyp ~ I Y F y`ls•'~ L.%V~ 8171~1G1'1L _ ~~' IOI.Ir() ,4 f f' •~ v"" .lass Project name: .Zyt•hEr^yyrpU/1 y-,~;vt ~/7c.,p~e,~ ~jj1~~/ File#• Applicant/agent: ~~o•rt /l~j. 1~~ Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist All applications aze required to contain one copy of the following unless otherwise noted: lAppltcant ~ .~ ` ' r '. , r ~ ~ ~' DescFt uon ° Staff; .._ , p s~ ,. .-. ~,s.s , ~~~_ Com leted & signed Adminishative Review A lication ~~~ ~ ~~ Narrative fully describing the proposed use of the property, including the following: - Information on any previous approvals or requirements for the requested use "~ ~;t i.e.,a licable conditions ofa roust or Develo mentA semen[ , - Recorded warran deed for the subject ro e Affidavit of Legal Interest signed & notarized by the properly owner (If owaeris a corporauon, submit a co of the Articles of Inco oration or other evidence to show that the erson signing is an authorized a en[ Scaled vicini ma showing the location of the subject roe - Sanit Service Com an a roust for trash enclosure & access drive (stamped site plan) A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more see UDC 11-3A-11 ~-~!'- Co ofthe recorded tat thatthe roe lies within 8 %:" x 11" _? :; ~'.: Address verification letter from Public Works See Tricia Bieren 898-5500 Site Plan-4 copies (folded to 8 %" x 11" size) The followin items must be shown on the site tan: • Date, scale, north arrow, and ro'ect name (scale not less than l"=50') • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the tan _ Parking stalls and drive aisles - --- - - • Trash enclosure s) location '~ ;. • Detail of trash enclosure (must be screened on3 sides) • Location and specifications for underground irrigation (Pressurizes irrigation can only be waived if ou rove no water ri his exist [o sub~ec[ ro e • Sidewalks or athwa S (pro osed and existin ) z g ,~.` ~_,,,, • Location of ro osed buildln on lot (include dimensions to property lines) ,~,~M.ajCf • Fencin (proposed and existing) • Calculations table including the following: Number ofpazking stalls required & provided (specify ha^aicap & compact staus) ` ~ i' W - Building size (sq. ft.) , , "-'`` Lot size (sq. ft.) - - Setbacks - - Zoning district `,~;! • Reduction of the site tan 8 r/" x 11" - ' ~~ Landscape plan- 3 copies (folded to 8 %:" x 11" size) . ' I • l ~ IV Plan must have a scale no smaller than I " = SO' (1 " 20' is preferred) and be on a standard dr i h t t d 3 " " " " ~~ aw ng s ee , no to zccee 6 x 48 (24 x 36 is preferred). A plan which cannot be drawn m ' its entirety on a single sheet must be drawn wrih appropriate march lines on two or more sheets. The followin items must be included on the landsca a tan: • Date, scale, north arrow, and ro'ect name • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the Ian ."U ' 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 l Phone: (208) 884-5533 • Facsimile: (208) 888-6854 Website: www.meridiancity.org ~~ U ~yQ tiro q~~ ~~ \yo ~v!+o¢ rr^^~~o v~~~~ W~o~. U~N~ ~~WOh ao_¢o (~ N x'Li ~U Q Q W ~~~~ O~OO C--I°2~ W M U ~~a F~^Y o N ~Fo Wo n ie g„g~ ~ 3„ ,~~ Iv- _ wsr __ _ I I~ 11 ~~ 1 11 $ y I i ~~ __ 1 I,ossm I Ixixm) s/n n I mn sca)r.or P ~ a ~' J : a ~ I I I m ~ I I £'n S°888888 I I _ ,soafil ,e I ~ I I §~^7~tl9^m^o _ al I w I I. 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J L _ SZ I WH91 W'161 - J Y'I ___ __ _' 8 S ____I[T69_ , ~1 pLWS n 8 C¢ I I i~ 1 1 -1~-11i`a7 ~ a ~ n Cg I ~ ~~ - I I i j q~ `~ , \ `~ _ - I ~ I I I ~p 3`: ° i 0 0 _ I k~ I I I I A= ~ ~ I I r AYM 1 ______ I I ~~' 4oisDn'~\ ~ ~-_-_ T fi[ttZ I I J~ ___ ~ t -; __~______________JJ____~1_____ vrgeT f e I i i i i --- ---- -- i I I II ~ ~ I~ I I j ~ '~ "_ ~~ LI I I i ~ J Y ~ ~ ~' ~_ I 5 ~gg~~~~ ig~ 1 I e LJ LEI mJ A°j91 ~} ssy E ~ } m LJ osTa ~"{ ^ . 4'~~E~E§§yyy ~~~5q ~4' I ~ x.xerms ~ I i 59 ~q M33~~~~~5~ I ~~ ~ ~ F_I v e~ I ~ ~ In 1 J I V I I ~~~~ I i ~ Y~ 4~I I I iG8 ~y FII ~ ~~III ~ -_ - _ _ _ _ sen --- f_-1_-____-J L ,PJ'LI91 ~ - 3.OJ,BLOON -f-_. ;~ n~ BICL 30tla 'IC Y.COH ~~ XOISNIJ9(IS JNll02'J.(Yld J `I M I3 O a ~ ao ;y xlnz a S IW O ~ Ih w q m 3~ i'i I " I nl I lil II - II ~ _ I ` II . z 3E J ` III° ` $ i e III I_.- I~I I ~~II I ~ ~ 3 ~ ~~ I S3 III I z ° .III I S~ . mB .n eu -o l ~i IF jLf . m ~ I _ ~~ F ~ . 08/08/2887 FRI 12:38 FAX ~- Avalon Landscapes, Inc. Post Office Box 191253 Boise, Idaho 83719 CONTRACT NO. TO: ~ 001/001 !~, j S. r ~~ ~ ~~~~~'~' REQ[JEST FOR ' CONTRACT CHANGE ,~ F ~~t~~ ~~ - ~u<c ;,,1~ ORDF,R } -' ' Jeff Brewer Petra, Inc RTinlfG51 NO. 1 f)ATG: 6-R-07 ~~~ JOB _NAME: Harley Davidson NARRATIVE DESCRIPTION OF WORK: auo ror me access roan QTY. DESCRIPTION UNIT PRICE '1'O'1'AL I L/S Sod ~ 385.00 8 385.00 G Q - ..}+ ~ . ~ V Si pp N - - ~' _ ,Fi - ~ _ .~ - .~ _ '~' _ - S - S $ ° 5 - ~ - $ - - ,~ $ ~ - ~ - ~ - ~ - $ - ~ - 5 - $ - S S - $ - $ - S - ~ - TOTAL T'OR THIS CHANGE R EQUEST: ~ 385.00 NOTE: This is not rs Bnildine Permit Prior to anv construction, you should contact [he Buildine Department at (208) 867-2211 to verify if anv additional permits and/or inspections will be required by the Meridian. Buis Department CERTIFICATE OF ZONING COMPLIANCE* MO~~~''ICA~) O1V Date: ProjectName/Number: HarleyDavidson-CZC-06-149 Owner: TMI Grou~Inc Site Address: Lots 8 9 & 10 Block 3 Destination Place Subdivision Proposed Use: Harley Davidson Retail and Repair Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and the conditions of approval for the Destination Place Subdivision. Issuance of this permit does not release the applicant from any previous requirements of other permits issued for this site. The issuance of this permit does not release the applicant from any requirements of the approved Preliminary Plat (PP-04-042), Final Plat (FP-OS-014), as well as any Development Agreements recorded for this site. Landscaping: The Landscape Plan prepared by Larson Architects on September 14, 2006, SheetNumber Irl, is approved (stamped "Approved" on June 1, 2007, by the Meridian Planning Department) with the following changes (see redline changes on plan): 1) Per UDC 11-3B-8C-2a all landscape planters shall not be less than five feet (5') in anv veuetation to account for the increased planter width. 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 Plan: The Site Plan prepared by Larson Architects on August 11, 2006, Sheet Numbers SP-1 and SP-2.0, is approved (stamped "Approved" on June 1, 2007, by the Meridian Planning Department) with the following changes (see redline changes on plan): 1) Per UDC 11-3B-8C-2a all landscape planters shall not be less than five feet (5') in any dimension, measured inside curbs. The approved site plan is not to be altered without prior written approval of 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 11-3A-15. 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 withUDC 11- ~ ~_ 3B-10-C.5. Parkine: 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 appropriately. Curbm~: Per UDC 11-3B-5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protecfive devices. Curbing maybe cut to allow for storm water runoff. 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. Fencin¢: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Li tin :Lighting shall not cause glare or impact the traveling public or neighboring development. Comply with all lighting standards as defined in UDC 11-3A-11. Sienane: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All 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. Handicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACHD Acce tance: 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 staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completon shall be prepared bythe landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion ofthe landscape installation. The Certificate of Complefion 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 and Landscape Plan stamped "Approved" on June 1, 2007, 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 changes is required. i '2=~CftiLLL l\ L~.NN~~ Amanda Hess, Associate City Planner *This letter does no[ 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 Fve Departments, Sanitary Services Co., etc. This letter shall expire one (1) yeaz from the date of issuance if work has not begun. /, (J r. ~' ,t~e~` ~~~1 [%'17u~IC~YIN I= ~,:,,~„ ``:.. Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Pro'ect name: // /~~~ l7/>z'f//G7~'G.t/ File #: C ~ - (>(/ ~- Applicant/agent; L/l'/l-,~/.</ ~c: y-/~~~ Applicant -- ~ Description - Staff ~V(dC~ _ Com letted & si ned Administrative Review A lication ~ Narrative fully describing the proposed use of the property, including the following: - Information on any previous approvals or requirements for the requested use (i.c., a bcable conditions of a royal or Develo men[ Agreement Recorded waman deed for the sub'ect ro e (I Affidavit of Legal Interest signed & notarized by the property owner pf owner is a wrpomtion /t , submits co of the Articles oflnco oration or other evidence to show that the rson si m is an authoriuA agent. Scaled vicini ma showin the location of the sub'ect ro [ t e Sanita Service Com an a royal for trash enclosure & access drive (damped sate plan) I I A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens _ or more see LIDC 11-3A-11 - tt Co of the recorded lat that the roe lies within 8 %:" x 11" it Address verification letter from Public Works See Tricia Bieren 898-5500 - ( Site Plan--4 copies (folded to 8 %:" x 1 ]"size) _ l The followiu items must be shown on the site Ian: _- • Date, scale, north arrow, and ro'ect name (scale not less than r'=5o') _ • Names, addresses, and telephone numbers of the developer and the person and/or - Srm re arin the lan • Parkin stalls and drive aisles • Trash enclosures location I • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressudvea irrigation ran only be waived if ou rove no water rights exist [o subject rc erty • Sidewalks or athwa s (proposed and existing) • Location of ro osed bulldin on lot (include dimensions to property lines) • FenCln (proposed and existing) • Calculations table including the following: - Number of parking stalls required & provided (specify handicap ,~ compact stalls) - - Building size (sq. ft.) - Lo[ size (aq. R.) - Setbacks - Zonin district • Reduction of the site lan 8 %' x 11" \ I Landscape plan - 3 copies (folded to 8 %" x 11"size) P( x Plan must have a scale no smaller than /" = SO' (1 " = 20' is preferred) and be on a standard / J drawing sheet, no[ to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in ils entirety an a single sheet must be drawn with appropriate match lines on hvo or more sheets The followin items must be included on the landace a lan: • Date, scale, north arrow, and ro'ect name • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the lan All applications are required to contain one copy of the following unless otherwise noted: (~ `~ Uo~ 660 E. Watertower Lane, Suite 202 Meridian, Idaho B3642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lams, hi h oundwater areas, and rock outcro in s. • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. • A statement of how existing healthy trees proposed to be retained will be rotected from dama a Burin construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si ns, street furniture, and other man-made elements. • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours. ~i • Si ht Trian les as defined in 11-3A-5 of this ordinance. ~I • Location and labels for all proposed plants, including trees, shrubs, and groundcovers(treesmussnotbeplantedinCitywaterorsewereasements). Scale shown for - lantmaterials shall reflect a roximate mature size ~~ • A plant list that shows the plant symbol, quantity, botanical name, common name, - minimum planting size and container, tree class (1, II, or III), and comments (for s acin , stakin ,and installation as a ro riate . _ ~ • Planting and installation details as necessary to ensure conformance with all ~ re aired standards. • Desi n drawnn s of all fencin ro osed for screenin ur oses - • 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 ofright-of--way) - _- - - Width of parking lot perimeter landscape strip __.. - Buffer width between different land uses (if applicable) I - 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 - - -- bein removed _- - - Reduction of the landsca a Ian 8 'h" x 11" - .zvl~¢ Buildin elevations showin construction materials If applying for approval of a public school, provide additional information as required by - the Public School Facili su lemental checklist er 67-6519. ' • Fee f this ro'ect had rior a royal on a site tan, reduced fees ma a l ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, ifany, shall be paid prior to the issuance of a building permit. If arty changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted [o the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid THISAPPLICATION SIIALLNOT BE CONSIDERED COMPLETE UNTIL STAFFHAS RECEIVED ALL REQUIRED INFORMATION. 660 E. Water[ower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Websi[e: www.meridiancity.org (Rev. vztioc7 . ~ -, T J • '- pp ,~~ ,ft~~ ~'1/tC'1`Z~LuYI~~ ~ `~, S'f}M E fl~ h/5o ~. Type of Review Requested (cLeck all tkat apply) ^ Accessory Use ,^.,,((A~lternative Compliance y_rt,ertificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation - ^ Other Applicant Information ADMINISTRATIVE REVIEW APPLICATION CZG •C7Fs -/~ .MaOlfl~~~''~S , STAFF USE ONLY: Eilehumber(s): LAC ~~~- (~{~ _ 11'L~a Project name: - ~ t !-¢ ~ ~~ ~~Son 'Date Sled: `J 22 ~~-nDate complete: 5 Z 2 -AssignedPlanner: f-1'Yvt a.. ~ ~--: Relafeddiles: Applicant name: LiI"~-~~ ~('-t-~'~~ Phone: 37~'%'/~z" Applicant address: 2l0 ~l~fff+y ~ f~'/>~~ /d Zip: ~~~Y Applicant's interest in property: ^ Own ^ Rent ^ Optioned [~ Other .~C7f/1~c'7, Owner name: ~/~~ ~y lzr/~ l NG Phone: ~' 80 ~ Z 3 ) ' 3-28f% i ,/ Owner address: 3 ~ O Z G%f7,V/J~,U/ G/,~1'/+.-,(7~,t/ C /-j7~ (~ Zip: ~~ 7~7" Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: ~ Applicant ^ Owner ^ Agent ^ Other Contact name: ,~ ~A~ /LI~CZV)= E-mail: ~l~'~ - C,i1'/lSc~.y^ptC ~ C's}8(•fnN`~.N'E% Phone: 376 ' 7J'v 2 Fax: (p ~8••02Z Subject Property Information Location street address: Z 310 C(N 6fl1' t/~ Assessor's parcel number(s): ~'/,~/~7J'O/ `/U, a"" ~%~, ~ O/3G r Township, range, section: 3 ti / ~ / 7 Total acreage: C . 5~~~ Current land use: .4iCiiu-- Current caning district: C'B cols ~, 9 //c3 pc oct- 3, y~s'riv~/a.~ pc~~ su~aiursi~ Planning Department Phone: Zip: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 9/2//06) C ~ Project Description - ProjecUsubdivisionname: 1fi~d-may' ~p/~1~~"~ General description of proposed projecUrequest: /-} fl R-~-1/~ ~ bJ4"~/1~SorJ ~~jyt~~51~/' Proposed zoning district(s): G' C~' Acres of each zone proposed: 3 , ~ Type of use proposed (check all that apply): ^ Residential ~] Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if app]cable): Who will own & maintain the pressurized irrigation system in this development? CiWNf~'~ Which irrigation district does this property lie within? //fi~+it ~~ Primary irrigation source: f~-~~U(t,E~~! "L~~ Secondary: ~ !'h/ Square footage of landscaped areas to be irrigated (f primary or secondary point of connection rs city water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: ' Proposed number of dwelling units (for 1 Bedroom: developments only): 2 or more Bedrooms: Minimum square footage of strucNre(s) (excl. Minimum property size (s.f): _ Gross density (DU/acre-total land): Percentage of open space provided: Proposed building height: _ Average properly size (s.f.): density (DU/acre-excluding roads & a0eys}. tiage of open space: Percentage of useable open space: (See Type of open space provided in acres (i.e., landscaping, public, ca 3, Article G, for qualified open space) Type of dwelling(s) proposed: ^Smgle-family ^ Townhomes ^ Duplexes ^Muhi-family Non-residential Project Summery (if applicable) Number of building lots: 3 Other lots Gross floor azea proposed: ~~~ ~ ~ ~ Existing (if applicable): Hours of operation (days and hours): f ' 6 Building height: 3f Percentage of site/project devoted to.the following: 3 3, 3 `f 7 '~~/ l ~r ~lii 7r`1 Landscaping: 2~%o Building: ~~ - 3~ Paving: ~~ 7~~ Total number of employees: Maximum number of employees at any one time: Number and ages ofstudents/children (if applicable): (7 Seating capacity: 6 Total number of parking spaces provided: /O S~ Number of compact spaces pmvided: G Authorization Print applicant name: Applicant signature: ~ ~~J /t4¢}QC'Z-t~~- Date: .'J' /~'~~ 660 E. Walertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 'FROM: LarsonAtchitel;~,P.A rc Lecture ea sta a annmg 2] 0 Murray Street Boise, Idaho 83714 (208) 376-7502 TO: Amanda Hess City of Meridian Planning and Zoning 1+._,~1'ER OF TRANSMITTAL Date: 5/22/07 Attn: Amanda Hess Re- Harley Davidson CZC-06-149 WE ARE SENDING YOU: XX Attached _ Under Separate Cover Via the following: _ Shop Drawing _ Prints _x Plans _ Samples _ Specifications _ Copy of Letter Electronic File Copies Date Description 3 landsca e 4 Architectural site plan THESE ARE TRANSMITTED AS CHECKED BELOW: _ For Approval _ Approved as Submitted _ Resubmit _ Copies for Approval x _ For Your Use _ Approved as Noted _ Submit _ Copies for Distribution _ As Requested _ Returned for Correction _ Retum _ Corrected Copies _ For Review and Comment Other REMARKS Hello Amanda- we have made some site changes during the course of construction -some Owner requested some necessitated by site conditions. The site revisions are: - Expanded the SE sidewalk are and added additional landscape screening along the east property line. - Increased the central plaza area to include some benches. This area will have movable picnic tables and be the area for outdoor acfivities. - The dumpster area was enlarged to accommodate a recycle area. The screening will match the building. A small putting green was added beside the north patio. The changes have been clouded for your reference. Please call with any questions. Brad Marczuk ( ___ _ ~. September 29, 2006 t'~ ~~~ CHD ~io-mn~v`~`eo~~o Swv~ca TO: TMI Group Inc. 3602 Chinden Blvd. Garden City, ID 83714 SUBJECT: MCZC-06-149 Harley Davidson Store 2310 E. Cinema Dr. { ~~ ~ ~~ ~~~~ 1 r~:~:, -,. s', s ~~' ~-" ~.::'°' John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A: McKee, Commissioner Rebecca W. Arnold, Commissioner On 1-12-2005, the Ada County Highway District Commissioners acted on MPP-04-0421/MCZC-04- 007/MVAR-04-007 for Destination Place AKA Boise Valley Commons Subdivsion. The conditions and requirements also apply to MCZC-06-149. • Prior to final approval you will need to submit plans to the ACHD Development Review Department. • : A traffic impact fee will be assessed by ACRD 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) 387-6177 Sincerely, C`~ ilv-G~/r!~ Chelsee Kucera Right-of--Way and Development Services CC: Project File Lead Agency: City of Meridian Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us E ~ ~$r~ CHD ~ September 29, 2006 TO: SUBJECT: Larson Architects 210 Murray St. Boise, ID 83714 MCZC-06-149 Harley Davidson Store 2310 E. Cinema Dr. ]ohn S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner On 1-12-2005, the Ada County Highway District Commissioners acted on MPP-04-0421/MCZC-04- 084/MVAR-04-007 for Destination Place AKA Boise Valley Commons Subdivision. The conditions and requirements also apply to MCZC-06-149. • 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) 387-6177. Sincerely, / G ~F~. ~~v(N "" Chelsee Kucera Right-of--Way and Development Services CC: Project File Lead Agency: City of Meridian Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 Ada County Highway District tctgnr-of-YYay ac t~evetupnterst a~eyururserse Planning Review Division This application requires Commission action due to the size. This item is scheduled to be on the consent agenda on Wednesday January 72, 2005 at 6:30 pm. Tech Review for this item was held with the applicant on Friday December 17, 2004. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 208-387-6177-phone, 208-387-6393-fax, atuninganachd.ada.id.us File Numbers: Boise Valley Commons Subdivision / MPP-04-042 / MCZC-04-084 / MVAR-04-007 Site address: 2200 East Overland Road OwnedApplicant: Boise Valley Commons LLC 4751 North Trotter Lane Star Idaho 83669 Representative: CSHQA Gene Schaffer 250 South 5`h Street Boise, Idaho 83702 Application Information: The applicant has submitted an application to the City of Meridian requesting preliminary plat approval to construct an 18-lot commercial subdivision on 33.1-acres. The applicant has also submitted a certificate of zoning compliance to construct an 18-screen movie theatre on 10.17-acres within the subdivision. The site is currently zoned C-G and is located on the north side of Overland Road approximately % of a mile east of Locust.Grove Road. =Acreage: 33.1-acres Current Zoning: C-G Proposed Zoning: C-G Buildable Lots: 18-lots Common Lots: None Vicinity Map C A. Findings of Fact Trip Generation: This development is estimated to generate 11,990 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 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 not required with this application. 4. Site Information: The site is currently vacant. 5. Description of Adjacent Surrounding Area: a. North: I-84 b. South: Resolution Business Park Subdivision c. East: 18.75-acres zoned C-G d. West: 10.369-acres zoned C-G 6. Impacted Roadways Overland Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: An acceptable Level of Service COMPASS Planning Thresholds. 1,227-feet Minor Arterial East of Locust Grove Road was LOS C 35 MPH for this segment of roadway is a 12,115 on 6-10-02 Level of Service D based on Roadway Improvements Adjacent To and Near the Site Overland Road is currently improved with 5-traffic lanes with vertical curb, gutter and sidewalk abutting the site. 8. Existing Right-of-Way Overland Road has a total of 96-feet of right-of--way (48-feet from centerline). 9. Site History On October 25, 2004, the District reviewed and approved a lot split application (MMI-04-013) on this parcel. The District did not place any requirements on the lot-split application due to the fact that the District would have the opportunity to review a certificate of zoning compliance or preliminary plat application when the two parcels developed in the future. 10. Capital Improvements Plan/Five Year Work Program Overland Road from Locust Grove Road to Eagle Road was reconstructed in 2004. B. Findings for Consideration Overland Road -Right-of-Way and Street Improvements District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1B). 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 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector i~ad4ilayS and arieriai roaaways (7204.7.2). 2 Overland Road was reconstructed in 2004 to provide 5-traffic lanes with vertical curb, gutter and sidewalk abutting the site. Due to the fact that Overland Road has sufficient right-of-way and has been fully improved, the District will not acquire any additional right-of-way or street improvements at this time. 2. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). The applicant is proposing to construct Millenium Way to intersect the north side of Overland Road in alignment with Millenium Way on the south side of Overland Road. This roadway location meets District policy in regard to location and should be approved with this application. The applicant is proposing to construct Celebration Avenue to intersect the north side of Overland Road in alignment with Celebration Avenue on the south side of Overland Road. This roadway location meets District policy in regard to location and should be approved with this application. 3. Internal Roadways -Street Sections District policy 7202.8 and 72-F1 B, 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 is proposing to construct the internal roadways as 40-foot street sections with vertical curb, gutter and 5-foot concrete sidewalks within 54-feet of right-of-way. This street section meets District policy and should be approved with this application. 4. 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 proposing to construct a stub street to the east property line approximately 470-feet north of Overland Road. This stub street is anticipated to serve the 18.75-acre site that is located directly to the east with a public roadway access and will also provide this parcel with access to a signalized intersection in the future. Staff is supportive of the applicant's proposal to provide a stub street to the east property line. Due to the fact that the stub street is greater than 150-feet in depth, the applicant should construct a temporary turnaround at the terminus of the roadway. The applicant should also install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 3 ~~ ~ 5. Signal In 2004, the District reconstructed Overland Road abutting this site. When the roadway was reconstructed, the District installed three legs of the Overland Road Millenium Way intersection. The applicant is proposing to construct Millenium Way to intersect the north side of Overland Road in alignment with Millenium Way on the south side of Overland Road. In order to accomplish the alignment of the roadways, the applicant will be required to complete some signal modifications. Typically the applicant is responsible for all of the design and construction of new signals (or a portion thereof). In an effort to coordinate with the applicant, the District has agreed to provide the applicant with some assistance in regard to the intersection improvements. The applicant will be responsible for the design and installation of all of the new poles, mast arms, signal heads, pedestrian heads and push buttons. The District has agreed to allow the applicant to remove the existing signal equipment at the Overland Road and Millenium Way intersection and return the equipment to the District. The applicant will receive a credit for the returned materials and will be able to apply that credit toward the purchase of new signal materials that will be purchased from the District. The applicant should submit the Overland Road and Millenium Way intersection design plans to the District's Traffic Services Staff for review and approval. The applicant should also coordinate the exchange of the old signal equipment with the District's Traffic Services Staff. The applicant should enter into a Signal Cooperative Development Agreement regarding the design and construction of the signal at Overland Road and Millenium Way. The applicant should submit the Overland Road and Millenium Way intersection design plans for review and approval. The Signal Cooperative Development Agreement will provide for the exchange of the old signal equipment with the District. 6. Storm Drain Easement ACHD currently owns a storm drainage easement that was purchased with the intent that the land would be utilized in the future as a drainage pond for the Overland Road improvements that were recently constructed in 2004. In November of 2004, the applicant of the Boise Valley Commons Subdivision approached ACHD with regard to the relocation of the future drainage pond. The applicant proposed to exchange the existing ACHD storm drainage easement for a new storm drainage easement that would be relocated within the proposed commercial subdivision. ACHD staff (Design, Drainage, Right-of-Way and Development) notified the applicant that the release of easement would be feasible if the applicant to provide the District with: • A storm drainage easement that is equal to or greater in value and size than the previous parcel • Drainage calculations and drawings showing that the newly proposed storm drainage easement will have a capacity that is equal to or greater in storage area than the previous parcel and will function at a level that is equal to or greater than what the District had originally designed • Adequate access to the parcel The applicant should continue to work with District staff regarding this issue. If the applicant chooses to landscape the storm drainage easement, the applicant shall obtain a license agreement for all landscaping that is proposed within the easement. The applicant will be not be allowed to plant any trees, deep rooted shrubs or bushes, etc. within the unopened right-of-way or storm drain easement. The applicant is required to have all landscape and sprinkler plans reviewed and approved by the ACHD Drainage Division. The applicant has also approached District staff in regard to the installation of a storm drainage pipe that would extend from Overland Road to the storm drainage pond that is proposed to be located at the parcels north property line. The applicant should enter into a Cooperative Development Agreement wi#h the Dis#rict regarding the installation and allocation of costs of the proposed storm drain pipe that will be adjacent to the east property line and will extend from Overland Road to the ~ ~ ACHD storm water drainage pond. The Cooperative Development Agreement will need to be executed prior to ACHD acceptance of the development's street improvement plans and prior to scheduling the final plat for signature by the ACHD Commission. 7. Other Access Overland Road is classified as a minor arterial. Other than the two public streets that have specifically been approved with this application, direct lot access to Overland Road is prohibited. A note stating the access restrictions shall be noted on the final plat. C. Site Specific Conditions of Approval 1. Construct Millenium Way to intersect the north side of Overland Road in alignment with Millenium Way on the south side of Overland Road, as proposed. 2. Construct Celebration Avenue to intersect the north side of Overland Road in alignment with Celebration Avenue on the south side of Overland Road, as proposed. 3. Construct the internal roadways as 40-foot street sections with vertical curb, gutter and 5-foot concrete sidewalks within 54-feet of right-of-way, as proposed. 4. Construct a stub street to the east property line approximately 470-feet north of Overland Road, as proposed. Construct a temporary turnaround at the terminus of the stub street and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Enter into a Signal Cooperative Development Agreement regarding the design and construction of the signal at Overland Road and Millenium Way. Submit the Overland Road and Millenium Way intersection design plans to District Staff for review and approval. 6. Enter into a Cooperative Development Agreement regarding the installation and allocation of costs of the proposed storm drain pipe that will be adjacent to the east property line and will extend from Overland Road to the ACHD storm water drainage pond. The Cooperative Development Agreement shall be executed by both parties prior to plans approval and scheduling of the final plat for signature by the ACRD Commission. 7. Other than the two public streets that have specifically been approved with this application, direct lot access to Overland Road is prohibited. A note stating the access restrictions shall be required on the final plat. 8. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 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 numbersl for details. 5 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 isstJance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance vWith all applicable requirements of the Ada County Highway District prior to District approval for occupdncy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, 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 ACRD 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, regulatidns, 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 waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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 transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines 7 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACRD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p. m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda far Commission action, interested persons and ACRD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 8 Development Process Checklist ®Submit a development application to a Cily or to the County ®The City orthe County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do one of the following: ^Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ^Send a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ^Write a Staff Level report analyzing the impacts of the development on the transpodation system and evaluating the proposal for its conformance to District Policy. ^Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^The Planhing Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ^For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACRD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) ^ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ^ Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACRD Construction -Permits along with: a) Traffic Control Plan b) An Erosion 8 Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ^ Sediment & Erosion Submittal • At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction -Subdivision to be reviewed and approved by the ACHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Services • ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. 9 Development Process Checklist ®Submit a development application to a Ci[y or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Divisloo will receive the development application to review ®The Plaening Review Dlvislan will do one of the following: ^Srnd a "No Revlew^ letter to the applicant stating that there are no site specific requirements at this time. ®Srnd a "Comply With^ letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this developmrnt application, ^Write a Staff Level report analyzing the impacts of the developmrnt on [he hansportation system and evaluating the proposal for its conformance to District Policy. ^Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ^The Planning Review Division will hold a Technical Revlew meeting for all Stag and Commission Level repor6. ®For ALL developmrnt applications, including those receiving a "No Review" or "Comply W1th" letter: • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Revlew Dlvlsfor for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then azchitectural plena maybe submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Constmction Services (ACHD) for ANY work in the right-of--way, including, but not limited to, driveway approaches, street improvements and utilitycuta. ^Pay Impact lees prior to issuance of buildmg permit. Impact fees cannot be paid prior to plan review approval. D/D YOUREAIENBER: Conshucdon (Zane) ^ Ddveway of Property Approach(s) • Subrttit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Develotmtrnt Services & Traffic Services). There is a one week tumazound for this approval. ^ Worklog la the ACHD Right-of--Way • Four business days prior to starting work have a bonded contractor submit a `Temporary Highway Use Permit Application" to ACHD ~onsfruction - PerniW along with: a) Tral7ic Control Plan b) An Erosion & Sedimrnt Control Narative & Plat, done by a Certified Plan Designer, if trench is>50' or you are placing>600 sf of concrete or asphalt. Consrruction (Su'bdfvisiom) ^ Sedlmeat & ~roston Submitial • At least one week prior to setting up aPre-Con an Erosion & Sediment Control Narative & Plat, done by a Certified Plan Designer, must be fumed into ACHD Construction -Subdivision to be reviewed and approved by [he ACHD Drainage Division. ^ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. ^ Final Approval from Development Service • ACHD Construction -Subdivision must have received approval from Development Services prior to scheduling aPre-Con. ~- ~ Page 1 of 1 Untitled Map http://208.186142.152/imf/imfPrintMap jsp?tifle= 8/3/2006 THIS MAP NOT INTENDED FOR NAVIGATIONAL USE ~~06 ~~ ~w ~yz q~ ~~ ~ ~ 2 ~oQ Imo ~=w,_ ~ ~ ti W°o= U~1w~° n'nl~`^¢N w\~¢ g ~~~~ ~~~~ ti ~o~ ~ ~ W M U ~~a How ~Fo [~ o Q a x "' s. w~y'N J j m ti£^'"5888888 Z ~~~~Rervewm8 Jyy 5 ~`Ji~~ F ~ „3 ~ A ~~ a`'^ ~ -_ ~`^+ I i i~ ~ ~ ~„ i ~; $~ 0_ W ~~ ~ @ ~ 1n ~E e _ ~ g^~ ~ ~g~~ , i ~9~€n~~~~3~~~~ U j ~ ~~~I~ ~i lil ••aQm~ ~ ~~ III G~ ~ ~~~ ~~ ~~~ ~ ~ ~~ ~.~ ~_ ~ ~ gy nS g ' ~ ~~ ~~~=~~1 ~ ~~~ ~ ~ ~ ~~ yy € ` i z ~~ A o ~ ~ p~a~a Y2}~'y Ya &gL b ~• ~e ~ b~ ~g i g e ~~ ~~ ~~ ; o3undnn i r. a~ i~ ~r r: 9' ii 1= J -- r-- _____L -____._____ 3.00.@LOON -~ - - ~ .~~~ ~~~~a= s~~p~~ ~ NO 4 ~=Y`~ ~o ~n ~ _ )N~~ 5~ `~V@4 G '~ e ~b i ~-~='vz M a w ~~ ~ ~~C'I7~ ~Irf f! ,,,;., Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: ~ 1~~ Y~I y.7tJA./ - I File #: ~'~G~ 'b Applicant/agent: Ltl'~Sa'll./ ~rr t IG4I a , All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff (11 Description ~ Com leted & si ned Administrative Review A lication -~ Narrative fully describing the proposed use of [he property, including the following: - Information on any previous approvals or requirements for [he requested use ~' i.e.,a bcable conditions ofa royal or Develo menlA memenq Recorded warrant deed for the sub~ect ro ert ~---- Affidavit of Legal Interest signed & notarized by the property owner (If ovmer is a corporation, submit a cop oflhe Articles o(Inco oration or onrer evidence to show lhaL the rson si nin is an authorized agent) Scaled vicinit ma showin the location of the sub'ect ro ert Sanita Service Com an a royal for [rash enclosure & access drive (stamped sne plan) A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see UDC 11-3A-11 Site Plan~l copies (folded to 8 ''/d' x 11"size) The followin items must be shown on the site tan: i' • Date, scale, north arrow, and ro'ect name (scale not less than l"=50') • Names, addresses, and telephone numbers of the developer and [he person and/or ~ firm re arin the ]an ~' • Parkin stalls and drive aisles • Trash enclosures location • Detail Of [rash enclosure (must be screened on 3 sides) J • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if ou rove no water dgh[s exist [o subect ro rt ) • Sidewalks or athwa s(proposed and existing) • Location of ro osed buildi^ on lot (include dimensions to property lines) • Fencl^ (proposed and existing) • Calculations table including the following - Number of parking stalls required & provided (specify handicap ~ compact cans) - Building size (sq. R.) - Lot size (sq. R) - Setbacks - Zonin district 2 Reduction ofthe site Ian 8 '/~" x l l" Landscape plan - 3 copies (folded to 8 %" x I ]"size) Plan must have a scale no smaller Than l " = 50' (/ " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drown in i!s entirety on o single sheer must be drawn with appropriate match lines on rwo or more sheets. The followin items must be included on the landsca a tan: • Date, scale, north arrow, and ro'ect name • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the tan ~yq 66011. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 Pacsimilr (208) 888-6854 • Website: www.meridiancity.org ~ Existing natural features such as canals, creeks, drains, ponds, wetlands, flood loins, hi h roundwater areas, and rock outcro in s. • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. l • A statement of how existing healthy trees proposed to be retained will be rotected from dama a Burin construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, ~ parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwa[er detention areas, si ns, street furniture, and other man-made elements. • Existing and proposed contours for al] areas steeper than 20% slope. Berms shall be shown with one-foot contours. • Si ht Trion les as defined in 11-3A-5 of [his ordinance. • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in city water or sewer easemems). Scale shown for loot materials shall reflect a roximate 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 s acin , stakin ,and installation as a ro riate . • Planting and installation details as necessary to ensure conformance with all re aired standards. • Desi n drawin s of all fencin ro osed for screenin ur oses • 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 strip - Buffer width between different land uses (if applicable) - 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 bein removed Reduction of the landsca a Ian 8 '/:" x 11" ._~ Buildin elevations showin construction materials ee (If [his ro ect had rior a royal on a site Ian, reduced fees ma a ] ) ACRD Acceptance: Applican! shall be responsible for meeting the requirements ofACHD as Ihey pertain to this application. All impact fees, if any, sha/! be paid prior to the issuance ofa buildingpermit. If any changes must be made to the site p/an to accommodate the ACRD requirements, a new Bile plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACRD has approved your plans and all assoeiatedfees have been paid THIS APPLICATION SHALL NOT 6E CONSIDERED COMPLETE UNTIL STAFF HAS RECF,IVED ALL REQUIRED INFORMATION. Hug 11 06 10:3~~ Robert Thomas % 480-539-6852 SOUTHWEST PREMIER AUTO GROUP p.l THOMAS MOTORS INC. ~: ,F-~ ~'~" : ~: DATE ATTENTION FROM SUBJECT PAGES INCLUDING COVER ~` NOTES 1825 E Bey Tree Gtir. 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Fx :~ Ike ~" I ~a 3 ~ i ~ 1 3; 3 v z !~ i~. 11 1 E ~3d'e -a I Y B ro ~/ 4 e ~Y ~y~~ I ~ I w til ~ 1 W+ a l ~~ a w p o ~ ~ o U Z~j~ eS 9' I ~g I v N w ~ - I ~ I ~ ~ !I A N I °' O ~ O Yi ~ T J M ~~ O I - ~ O '~ O] 111 i~e 1O M ~ c0 P1 b ; °11 ° 9 # - _ ~ N J #~ 1I # I d = ~ } n~ -e4 r I F 1 I s =~g 1 ,6S~S91 ~_ ._x_ 1 _. ' 1 ez Ls 'a ' G.._._.__.._._ __ ].ci 9~y1 -siD ~~ €i iei 51 !~Ps6 s AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA /~_ (name) ~7!`~ (address) r (city) T (state) being first duly sworn upon, oath, depose and say: 1. That 1 am the record owner of the property described on the attached, and 1 grant my permission to: l~li-tsar, ~v~Gi, ~ec~, ~ P, ~ a~0 !~2 ~ ~~ fi . (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this O~day of ~ d ~ , 20 aQ,~~4'e• •~ ++ t~ 2 ~~ AR Y (Signature) s + :y ~ $ ~• G s SUBSCRIBED AND SWOR~J tlrrhefogety&~[lie~a~aald year first above written. •++++~TATE 04'vo~'~~ ++°4u~ppN ~~. ./t /~ ~ (Notary Public for Idaho) Residing at: ~b / 5~ ~ ~~ My Commission Expires: /O o2/~ a O/ ~ Rug 11 06 10:3f- Robert Thomas r 480-539-6852 1 WARRANTY D\ EED Urder No.: AT-5000529665AK FOR VALUE 1tECEIVF,D Buisu Valley Commons, LLC, an Idaho limited liability company, the bTantot(s), do(es) hereby grant, bargain, sell and convey unto TMI Investment Group, LLC, an Idaho limited liability company whosc.cutrcnt address is 1825 E. Bay'1'rce Cir., Gilbert, A2; 85234, the grantee(s), the following described premises, in Ada County, Idaho, TO WIT: Lots 8, 9, and 10 in Black 3 of Destination Place Subdivision, according to the official plat thereof, filed in Book 93 of Plata at Page(s) 11190 through 11192, Official liccordi of Ada County, ldado. TO 13AVE AND TO I30LD dte said premises, with their appurtenances unto the said Grantee, heirs-and assigos forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/arc the owner(s) in f'ec simple of Said premisrs; that they aze tree from all encumbrances Except Current Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and riglt[s oFway, appazcnl or of teco[d. And that (S)he will warrant and defend dte same from all lawful claitns whatsoever. Dated: April 11, 2006 Aoise Valley Commons, LLC, an Idaho limited liability c mpany ~- __ Ily: Kevin C. Kni~ton $ta[e of Tdaho } )ss_ County of Ada } Ou this ] ltlt day of J~pril in the year 2006 before roe, David Choate, a Notary Rtblic ilt and for said state, personally appeared Kevin C. Kt»ghton, ]mown or identified to me [o be the member in the Limited Liability Company known as Boise V;dlcy Commons, LLC, an Idaho limited Iiabi.Gty company, who executed the foregoing inslntmcnt, :mil acknowledged to me flat he executed Ute same in said LLC name. TN Wfl'NGSS WIILRL01', i have hereunto set my band and axed my official seal the day and year in this certif care fiest above written- ~\t SPRY C ?O / ~ _ ~ : :' 0~ ' ' t'~ r`p ~...a 04~ ~~ ~„~...~ Notary Public for the State of Idaho Residing at: ,se Commission Expires: 3 _ ~ d _ ~ o p.2 ~: TMI INVESTMENT GROUP, LLC OPERATING AGREEMENT u1 (; . TMI INVESTMENT GROUP, LLC OPERATING AGREEMENT ARTICLE L NAME AND PURPOSE 1.L Name and Formation. ROBERT F.THOMAS and DAVID W. THOMAS o ° ";'e TMI INVESTMENT GROUP, LLC, (the "Company") as an Idaho Limited Liability Company. L2. PurTose. The purpose of the Company is to hold, invest, and manage real, personal and intangible properties. ARTICLE 2. MEMBERS AND MEMBERSHIP 2.L Members' Interests in the Com~am+. 2.1.1 Membership Interest. The Initial Membership interest of each Member shall be as follows: Name of Member Unitas ROBERT F.THOMAS 820 Units DAVID W. THOMAS 180 Units 2.1.1.1 Memberehitr Certificates. Membership Certificates representing Membership Interests in the Company shall be in such form as detemilned by the Members. Membership Certificates shall be signed by all Members existing at the time of issuance. Membership Operafing Agrcement-PAGE 1 required; or (2) if, added to the total of all other Membership Interests sold or exchanged in the preceding twelve months, the sale or exchange of that Membership Interest would cause the termination of the Company under Section 708 of the Internal Revenue Code. Any transfer that violates this section 2.1.2.2 is void. 2.1.2.3 Substitute Members. A transferee may become a substitute Member if (1) the requirements of 2.1.2.1 and 2.1.2.2 are met; (2) such transferee executes an instrument accepting and adopting the terms of this Operating Agreement' which is in a form satisfactory to the remaining members; and (3) the transferee pays any reasonable expenses incurred in connection with the transferee's admission. 2.1.2.4 Effect of Transfer. 2.1.2.4.1 Permitted Transfers. Any transfer of a Membership Interest in the Company shall take effect at the beginning of the month following the transfer. Any transferee shall take subject to the restrictions on transfer contained in this Operating Agreement 2.1.2.4.2 Unauthorized Transfers. Upon any transfer of a Membership Interest in violation of this Operating Agreement, the transferee shall have no right to participate in the management of the business and affairs of the Company ox to become a Member; such transferee shall be entitled to receive only the share of profits ox other income and return of capital contribution to which the transferor of the Membership Interest would otherwise be entitled. 2.1.3 Admission of Additional Capital. Additional capital may be contributed to the Company by a Member. Such contributed amounts will be credited to a member s capital account in accordance with ARTICLE 4. However, units of ownership and allocations of OperatingAgreement -PAGE 3 income and expense shall not be changed because of any capital contribution without the unanimous written consent of the Members. 2.1.4 Admission of Additional Members. The Members may, with unanimous written consent, admit to the Company additional Members on such terms as axe determined by all of the Members. 2.1.5 Withdrawal or Reduction of Member's Contributions to Capital. A Member, irrespective of the namce of its contribution, has the right to demand and receive only cash in return for its contribution to capital. A Member shall not receive out of the Company's property any part of its contributions to capita] until all liabilities of the Company, except liabilities to Members on account of their contributions to capital, have been paid ox there remains property of the Company sufficient to pay them. Except as otherwise noted, no Member shall be entitled to withdraw any part of its Capital Account or to receive any distribution from the Company, except as may be authorized 6y the Members ox until the full and complete winding up and liquidation of the business and affairs of the Company. This section 2.1.5 dealing with withdrawal of capital contributions may be modified by a subsequent written agreement among the Members without other amendment to this Agreement 2.1.6 Aooroval of Sale of All Assets. The sale, exchange, or other disposition of all, or substantially all, of the Compan}~s property as part of a single transaction ox plan shall require approval of the Members holding a minimum of two-thirds of all Membership Interests. Operadag Agrcement -PAGE 4 2.1.7 No Interest. No interest shall be paid on initial or subsequent capital conmbutions to the Company. 2.2. Membcs' Meerin~~,, 2.2.1 Annual Meetings. Unless waived by Members holding a majority of the Membership Interests, annual Members' meetings shall be held on the first Saturday in January at 12:00 Noon or as otherwise provided by resolution of the Members. If the first Saturday in January is a legal holiday, the meeting shall be held on the following Saturday. 2.2.2 Special Meetings. Special Members' meetings maybe called by any Member. Action taken at the meeting is limited to the purpose and business descnbed in the meeting notice. 2.2.3 Place of Meetings. Members' meetings shall be held at a place in Idaho or elsewhere that shall be designated by the Operating Manager and included in the meeting notice. A Members' meeting maybe held by telephone conference 2.2.4 Mee ' Notice and Waiver. Unless waived by each Member, written notice of a Members' meeting stating the subject, time, date, and place of the meeting shall be delivered neither fewer then ten nor more than thirty days prior to the date set for such meeting, either personally or by mail to each Member endded to vote at such meeting. 2.2.5 Proxies. A Member may vote at Members' meetings in person, by a dated, written proxy executed by the member or an authorized attorney-in-fact. Unless otherwise provided in the proxy, proxies shall be valid for eleven months afrer the date of the proxy. 2.2.6 Quorum. A quomm at a Members' meeting shall consist of the holders of a majority of the Membership Interests entitled to vote. Business maybe conducted until the meeting Operating Agreemeet-PAGE 5 is adjourned, notwithstanding the withdrawal of enough Members to leave less than a quonun. 2.2.7 Vodne. If a quomm is present, the affirmative vote of a majority of the Membership Interests (one vote per unit) represented at the meeting and entitled to vote on the subject matter shall be the act of the Members unless otherwise prescribed by law, the Articles of Organization, or this Operating Agreement. 2.2.8 Record Date. The record date for determiningMembexs entitled to notice or to vote at any Members' meeting or any adjourned meeting shall be the date on which notice of the meeting is mailed ox personally delivered. The record date fox determining Members entitled to take action without a meeting shall be the date upon which the first Member executes a written consent. 2.3. Right to Information. 2.3.1 Right of InsFection. Each Member and authorized representative of a Member shall have, at reasonable times, during normal business hoots, free access to and the right to inspect and, at the Member's own expense, copy all books and records of the Company, including the name and address of each Member and Membership Interest owned. 2.3.2 Privaw. The business practices, trade secrets, and fiscal affairs of the Company aze confidential information and are not to be, disclosed to non members who axe not in the management of the Compan~s business. 2.4. Representations and Warranties. Notwithstanding any other part of this Operating Agreement, each Member represents and warrants to the Company and each other Member berating Agreement -PAGE 6 that: (a) if the Member is an organization, it has been properly organized, in existence, and is in good standing under the laws of its share of organization and has power and authority to execute this Operating Agreement; (b) the Member is acquiring its interest in the Company as an investment fox the Member's oam account, without intent to distribute; (c) the Member acknowledges that the Membership Interests are not registered under the Securities Act of 1933 or state securities laws, and that the Membership Interests may not be transferred in any manner without registration under federal and state securities laws, ox exemption from these requirements. 2.5. Further Action. Each Member shall perform all further acts and execute, acknowledge and deliver any documents which maybe reasonably necessary, appropriate, ox desirable to carry out the provisions of this Operating Agreement. 2.6. L.iabilit~of Members. No Member shall be Gable, by reason of Membership Interest, fox the liabilities of the Company beyond the Member's respective capital contributions, unless the Member votes fox or assents to a distribution which is in violation of Idaho law or this Operating Agreement. 2.7. r hi i 2.7.1 Acts Prolu'bited. During the time of the organization or existence of this Company, no Member shall: 2.7.L1 Perform any act that violates the Operating Agreement, except with the prior expressed approval of all Members. 2.7.L2 Commit any act that prevents carrying on the business of the Company. Operating Agreement -PAGE 7 2.7.L3 Act with the intent to harm the business operations of the Company. 2.7.L4 Use the trade name of the Company (or a similar name) or any trademark, service mark, or trade name adopted by the Company, except in the ordinary course of the Company's business. 2.7.L5 Confess a judgment against the Company. 2.7.L6 Abandon, wrongfully transfer, or dispose of any Company property. 2.7.L7 Admit another person or entity as a Member, except as provided in Article 2 of this Operating Agreement. 2.7.2 Indemnification. If a Member engages in a prohibited transaction, such Member shall indemnify the Company for any costs or damages incurred by the Company as a result of the unauthorized action of such Member. ARTICLE 3. MANAGEMENT 3.1. Operating Manae~. The Operating Manager shall be the chief executive officer of the Company and shall conduct the day-to-day business affairs of the Company, subject to any resolutions adopted by the Members. The Operating Manager shall preside at all Members' Meetings. The initial operating manager shall be ROBERT W. THOMAS. 3.2. Authority of Operating Manager. 3.2.1 General Auihority. The Operating Manager shall manage the Company and shall have authority, power, and discretion to make all decisions and to do anything that the Operatng Agreement -PAGE 8 Operating Manager deems reasonably necessary in light of the Company's business and objectives. 3.2.2 Suecific Authori~. In addition to the general powers of 3.2.1, the Operating Manager shall have specific authority to: 3.2.2.1 Institute, prosecute, and defend in any proceeding in the Company's name; 3.2.2.2 Purchase, receive, lease, own, hold, improve, use, and engage in other dealing with, property, wherever located; 3.2.2.3 Sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of assets, except as noted in 2.1.G; 3.2.2.4 Enter into contracts and guaranties; incur liabilities; borrow money; issue notes, bonds and other obligations; and secure any of the Companys obligations by mortgage ox pledge of Company property ox income; 3.2.2.5 Lend money, invest and reinvest Company funds, and receive and hold property as security fox repayment, including loans and other help to Members, officers, employees, and agents; 3.2.2.6 Conduct the Company s business, establish Company offices, and exercise the Companys powers within ox without Idaho; 3.2.2.7 Appoint, define duties, and establish compensation of employees and agents of the Company; Operating Agreement -PAGE 9 3.2.2.8 Pay pensions and establish pension plans, pension tmsts, profit sharing plans, and benefit and incentive plans for all or any current or former Members, employees, and agents of the Company; 3.2.2.9 Employ accountants and legal counsel for the Company, and compensate them kom Company funds; 3.2.2.10 Pay Compensation, ox additional compensation, to any Members and employees for services previously rendered to the Company, whether or not an agreement to pay such compensation was made before such services were rendered; 3.2.2.ll Purchase life insurance covering the life of any of the Company's Members or employees for the benefit of the Company; 3.2.2.12 Purchase liability and other insurance to protect the Company's property and business; 3.2.2.]3 Participate in partnership agreements, joint ventures, limited liability companies, or other associations of any kind with any person or entity; 3.2.2.14 Indemnify Members or any other person. 3.3. Compensation of Opera~ng Manager. The salary and other compensation of the Operating Manager shall be filed from time to time by the Members. 3.4. Apooin, tment of Oof petating~naget. 3.4.1 Election. The Members may elect the Operating Manager annually at the Annual Members' Meeting. Operetlng Agreement -PAGE ]0 3.4.2 Resignations. The Operating Manager may resign at any time by giving written notice to the Members of the Company. A resignation shall not require acceptance to be effective. A resignation shall take effect upon receipt, unless the notice of resignation contains a later date. 3.4.3 Removal. The Operating Manager may be removed, at any time, with or without cause, by the of&rmative vote of a majority of the Membership Interests. 3.4.4 Vacancies. Should the position of Operating Manager become vacant, the Members shall replace the Operating Manager by electing an interim Operating Manager who shall serve until a replacement is elected at the next Annual Members' Meeting. 3.5. Standazd of Caze of Op~'ng Mana~,~. The Operating Manager shall exercise best efforts and reasonable business judgment in managing the business of the Company. Unless fraud, deceit, gross negligence, willful misconduct, ox a wrongful taking shall be proven by a non-appealable court order, judgment, decree ox decision, the Operating Manager shall not be liable to the Members fox any mistake of fact or judgment or for any actor the failure to act by the Operating Manager in conducting the business of the Company that may cause or result in loss or damage to the Company or its Members. The Operating Manager does not guarantee the return of the Members' capital contributions ox a profit For the Members. The Operating Manager shall not be responsible to any Members because of a loss of their investments unless the loss shall have been the result of Baud, deceit, gross negligence, willfiil misconduct, or a wrongful taking by the Operating Manager and proved as set forth above. Operetlng Agreement -PAGE 11 3.6. No Exclusive Duty to Company. The Operating Manager may have other business interests and map engage in other ventures in addition to management of the Company. Neither the Members nor the Company shall have any right, except as otherwise provided by law, to share the income ox proceeds ox otherwise participate in such other business interests or ventures. The Operating Manager shall incur no liability to the Company ox to any of the Members as a result of engaging in such other businesses ox ventures. 3.7. Prohibited Acts. Without the unanimous consent of Members, the Operating Manager shall not: 3.7.1 Do any actin contravention of the Operating Agreement; 3.7.2 Do any act that would make it impossible to conduct the business of the Company, except as otherwise provided in this Operating Agreement; 3.7.3 Confess a judgment against the Company; 3.7.4 Perform any act that subjects a Member to personal liability. ARTICLE 4. FISCAL MATTERS 4.1. Books of Account. Records and books of account shall be kept ox caused to be kept by the Company. Such records and books shall document the transactions and other matters relating to Company business in such detail as is usual and customary fox businesses of the type engaged in by the Company. Books and records shall be maintained in accordance with generally accepted accounting principles. Operating Agreement -PAGE 12 4.2. Bank Accounts, Funds, and Assets. The Company's money shall be deposited at a bank or banks. Signatories for the withdrawal of funds shall be determined by resolution of the Members. 4.3. ape. A Member may make secured ox'unsecuxed loans to the Company by agreement with the Company. 4.4. Reports and Financial Statements. 4.4.1 Tax Returns and Elections. The Company shall have a Tax Matters Person. The Operating Manager will be the Tax Matters Person. The Tax Matters Person shall provide for the preparation and timely filing of income tax returns and reports fox the Company. Copies of such returns shall be famished to each Member upon request. All elections perniltted to be made by the Company under federal or state laws shall be made by and at the discretion of the Tax Matters Person. 4.4.2 Re~oorte to Members. The following reports shall be provided to each Member at the Company's expense: 4.4.2.1 Annual Reports. Within 90 days after the end of each fiscal year, the Company shall provide a report of the Compan~s activities for the year, related statements of income, cash flow, Members' equity, and a balance sheet as of the end of the fiscal yeaz. 4.4.2.2 Quarterly Reports. Within 60 days after the end of each fiscal quarter, the Company shall provide a report of the Company's activities for the quarter, related statements of income, cash flow, and a balance sheet as of the end of the quarter. Operatlng Agreemea~t -PAGE 13 4.4.2.3 Tax Information. The Tax Matters Person shall provide appropriate tax information to each Member after the close of the Company's fiscal year. Every effort shall be made to famish such information within 75 days after the end of the Sscal year. 4.5. Capital Accounts. 4.5.1 Maintenance of Capital Accounts. A Capital Account shall be maintained for each Member in accordance with Section 1.70~1(b)(2)(v) of the Treasury Regulations 4.5.L1 Capital Accounts shall be increased by: 4.5.L1.1 The amount of money contributed by the Member; 4.5.L1.2 The fair market value of property contributed by the Member (net of liabilities that the Company assumes or takes subject to under Intemal Revenue Code Section 752); 4.5.1.L3 The amount of any Company income and gain allocated to the Member. 4.5.L1.4 Any increase otherwise provided by the rules set forth in Section 1.7041(b)(2)(iv) of the Treasury Regulations. 4.5.L2 Capital Accounts shall be decreased by: 4.5.L2.1 The amount of money distributed to the Member by the Company. 4.5.L2.2 The fair market value ofproperty distributed to the Memberby the Company (net of any liabilities that the member assumes ox takes subject to under Internal Revenue Code Section 752). Operating Agreement -PAGE 14 4.5.L2.3 Allocations to the Member of Company expenditures that axe not deductible in computing the Company's taxable income and that aze not capital expenditures. 4.5.L2.4 Allocations to the Member of Company loss and deduction. 4.5.L2.5 Any reduction otherwise provided by the ntles set forth in Section 1.7041(b)(2)(iv) of the Treasury Regulations. 4.6. Allocations. In determining each Member s distributive share, the following allocations shall be made in the following order: 4.6.1. Remilatory Allocations 4.6.L1. Minimum Gain Char~eback. 4.6.L1.1 Com~nr Minimum Gain Chargeback. If there is a net decrease in Company minimum gain during the year, each Member shall be specially allocated items of Company income and gain for the year (and, if applicable, subsequent years) equal to such Member's share of the net decrease in Company minimum gain. This allocation shall be defined, interpreted, and determined in accordance with Section 1.7042(f) of the Treasury Regulations. 4.6.L1.2 Member Minimum Gain Chargeback. If there is a net decrease in Member minimum gain attributable to a Member nonxecouxse debt during the year, each Member with a share of the Member minimum gain shall be specially allocated items of Company income and gain for the year equal to such Member's share of the decrease in Member minimum gain attributable to such Member. This allocation shall be defned, interpreted, and determined in accordance with Section 1.7042(1)(4) of the Treasury Regulations. Operating Agreement -PAGE 15 4.6.L2 Qualified Income Offset. If a Member unexpectedly receives any adjustments, allocations, or distributions described in Treasury Regulation Sections 1.704-1(b)(2)(u)(t!)(4)- (6), items of Company income and gain shall be specially allocated to each Member in an amount and manner sufficient to eliminate, to the extent required by Treasury Regulations, the negative Capital Account balance of such Member as quickly as possible. This allocation shall be made only if a Member would have a negative Capital Account balance after all allocations in 4.6 are made. 4.6.2 allocations of Income After giving effect to the above allocations, items of income and gain fox each year shall be allocated among the Members in proportion to their Membership Interests in the Company. 4.6.3 Allocations of Expense After giving effect to the above allocations, items of loss, expense ox deduction, shall be allocated among the Members in proportion to their Membership Interests in the Company. 4.6.4. Allocations of Other Items Tax credits and other non allocated items will be allocated according to the items of income or expense to which such items relate 4.6.5 Tax Allocations In accordance with Internal Revenue Code Section 704(c) and applicable Treasury Regulations, income, gain, loss, and deductions, with respect to any property contributed to the capital of the Company, shall be allocated, solely for tax purposes, among the Members for the purpose of taking into account any difference between the adjusted basis of the contributed property and its fair market value when the contribution was made. Allocations pursuant to this Paragraph axe solely fox purposes of federal, slate, and local toes and shall not affect, or in any way be taken into account in Operating Agreement -PAGE 16 ., computing, any Member's Capital Account or share of Profits, Losses, other items, or distributions pursuant to any provision of this Agreement 4.7. Distributions. 4.7.1 In General All distributions of cash or other property shall be made on a quarterly basis as declared by the Operating Manager. The amount of any distribution shall be determined by the Operating Manager after taking into account reserve funds needed fox operating expenses. Distributions shall be made to the Members pro rata in proportion to the respective Membership Interests on the record date of such distribution. All amounts withheld pursuant to federal, state, or local tax laws with respect to any payment or distribution to a Member shall be treated as distributed to the Member. 4.7.2 Limitations on Distributions. No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company axe in excess of all liabilities of the Company, except liabilities to Members on account of their capital contributions 4.7.3 No Priority. No Membership Interest shall have priority over any other Membership Interest, either as to the return of Capital Contributions or as to net profits, net losses ox dismbutions. The preceding sentence shall not apply to loans that a Member has made to the Company. 4.7.4 Record Date for Distributions. The record date for determining Members entitled to receive payment of any distribution shall be the date on which the resolution declaring such distribution is adopted. 4.8. Dissolution and Liquidation. Operating Agreement -PAGE 17 '( 4.8.1 Event of Dissolution. The Company shall be dissolved by the unanimous written consent of the Members or upon the occurrence of a Withdrawal Event unless the business of the Company is continued within 90 days by the consent of all the remaining Members. 4.8.2 Withdrawal Event. A Withdrawal Event shall consist of the death, retirement, resignation, expulsion, bankruptcy, or dissohxdon of a Member, ox occuuence of any other event of dissociation within the meaning of Idaho Code §53-641 4.5.3 Agreement to Continue. Each of the remaining Members hereby agrees to consent, in writing, to continue the business of the Company within 60 days after the occurrence of a Withdrawal Event Each Member also agrees to consent to continue the business of the Company upon a transfer of a Membership Interest in the Company, this includes transfers lacking unanimous Member consent. 4.8.4 Remedy for Breach of Bement. Monetary damages shall be the sole remedy for breach of a Member s obligation to consent to continue the business of the Company 4.8.5 W~ Un. Upon the dissolution of the Company, the Members shall appoint a liquidating agent who, at the direction of the Members, shall make an accounting of the assets and liabilities of the Company, liquidate the assets of the Company, discharge Company liabilities, and windup the Company's affairs. 4.8.6 Distribution of Assets. Any assets of the Company remaining after liquidation shall be distributed in the following order: First, to pay and discharge the Compan~s debts and other liabilities. Second, to establish a reserve for any contingent liabilities of the Company in an amount agreed to by the Members. Third, to the Members in proportion to their positive Capital Account balances, in accordance with Treasury Regulation Section 1.704- Operating Agreement -PAGE 18 5.6. Partition Forbidden. Each Member irrevocably waives any right to maintain any action for partition with respect to the Company or its assets. 5.7. C~ln~giparta. This Operating Agreement may be executed in counterparts, each of which shall be an original and, collectively shall constitute one instnunent. 5.8. No Parmersbip Intended for Nontax Purpoaea. The Members of this Company do not intend to form a parmexship or limited partnership under Idaho or other state law. The members do not intend to be partners to one another, or partners as to any third party. 5.9. Time. Time is of the essence in this Operating Agreement Operedng Agrcement - PAGE 20 ~' 1 li IN WITNESS WHEREOF: ROBERT F.THOMAS Date DAVID W. THOMAS Operating Agreement -PAGE 21 Date ~-lA.~,~~Y o~nl~~~ C-~Rou~ ~l~lt~ ~~I~ ~ GN~Ma D{ziVE ~r~~-~ D1~N ID £~3GNZ. ~RJn;I [I~f~~ R'BL~9 d~le~FB 9~4.i o,. ~~ ' ~~~~1 Y'ia41 :,:,, .'.,.. /acT~JA~.'~~h)0~.~ I~.I~~ I~°Itl~b~.~I T`a M,aT~~ HIGH Res~_F{,T ~~o~.~~N~ ~. - - - -- ~- i~ ~- ~ ~ \ ~~ ---- ;,9 '€-;, ~ L L- U P ~ - ,T ' ~~ ~ ~ to -~ S'~~ READ ~ _ ~ I~por~ Pave-~a' J ~4•~+`~Q ~r~al~~ ~,~;~;~' :: ~~ - r~~~ ~~~.~.: Tom, CSW ~ r~6~