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University of Phoenix CZC
L f q+5 NOTE: This is not a Building Permit Prior to any construction, you should contact the Building Department at (208) 887-2211 to verify if any additional permits and/or inspections will' be required by the Meridian Building Department. CERTIFICATE OF ZONING COMPLIANCE* Date: October 29.2008 �'?)dU Project Name/Number: University of Phoenix- CZC-08-106; DES -08-027 Owner: DBSI Meridian I84 LLC Site Address: 1422 S. Tech Lane (81213346700) Kennedy Commercial Sub. Block 1 Lot 12 Proposed Use: - 36,656 office building_(University of Phoenix Institute) Zoning: Comments: Applicant has proposed to create a 37,000 square foot office building in the I -L Zone that will eventually be occupied by the University of Phoenix which is an adult education facility. CUP -01-009 for the Treasure Valley Technical Center allows professional and sales office uses in the I -L zone. However, adult educational facilities are not allowed. As such, City Council approved a comprehensive plan amendment and rezone application to change the zone from I -L to C -G. Adult educational facilities are a permitted use in the C -G zone. Once the ordinance is approved and recorded, this CZC will apply towards the University of Phoenix Institute and the University of Phoenix will not have to submit a CZC for a change of use. Conditions of Approval: Project is subject to all current City of Meridian ordinances and conditions of approval for Kennedy Commercial Subdivision, including but not limited to, conditional use permit (CUP -01-009), preliminary plat (PP -07-013), final plat (FP -07-036) and rezone (RZ-08-003) approved for this subdivision. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for this site. Landscaping; The Landscape Plan prepared by Toothman-Orton Engineering Company on September 2008, labeled Sheet 1 of 1, project # 08068, is approved (stamped "Approved" on 10/28/2008 by the Meridian Planning Department) with the following changes (see redlines on plan). - Add two trees to the western parking perimeter landscaping (UDC-11-3B-8CIb) 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. Prior to final inspection and sign off for this project, a written certificate of completion shall be submitted to the Planning Department, prepared by a landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Site Plan: The Site Plan prepared by Carpenter Sellers Architects, labeled Sheet SD. 1, is approved (stamped "Approved" on 10/28/2008 by the Meridian Planning Department) with the following changes (see redlines on plan). - Provide a minimum 9 space bicycle rack on this site near the entrance (see UDC 11 -3C -5C & UDC 11 -3C -6G) The approved site plan with the above changes is not to be altered without prior written approval of the Planning Department. Elevations: Elevations prepared by Carpenter Sellers Architects, labeled Sheet SD.2 and SD.3, are approved with no changes from the Planning Department. Irrigation: An underground,' pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of ExistingTrees: rees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11 -3B -10-C.5. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3C and 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 accessible. Curbing: 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 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 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. Li tin : Lighting shall not'cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: 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. Per SSC requirement place bollards in back of enclosure. 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 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. All changes in occupancy need to comply with the requirements of the Building Department. It is unlawful to use or occupy any building or structure until the Building Official has issued a certificate of occupancy. A certificate of occupancy or temporary certificate of occupancy is obtained from the Building Department (208) 887-2211 after inspections are complete and the field inspection record is returned to the Building Department. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan, and Elevations, stamped "Approved" on 10/28/2008, 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. Ls",r Sarah Wheeler Assistant City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada. County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. Project/subdivisionname: 1'VldcAt, General description of proposed project/request.G Proposed zoning district(s): _ Acres of each zone proposed: t/7 Type of use proposed (check all that apply): 0 .Residential 0 Commercial 4105 fice 0 industrial a8ther. Amenities provided with this development (if applicable):_ %A Who will own & maintain the pressurized irrigation system in this development? 9-"YW4 Clyxairs Agpr� Which irrigation district ti9 doesthisproperty lie within? )'� o - P. tri atdr. Primary irrigation source: 0 - r AC 5.5econd, Lee b 64 I, RA Yt& we �,c. Square footage of landscaped areas to be irrigated (if }rimy or s�onhry pint at c.■�t;M is city w=): Number of residential units: �i h Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): j I Bedroom: 2 or more Be&voms• MIA Minimum square footage of structure(s) (excl. garage): MIA Proposed building height: Minimum property siie (s.f)c N A Average property size (s -f.). _ Gross density (Dutncre,-tucai lana). N4 Net density (DWacw-acWJiivg mads & ausysk - lV l A Percentage of open space provided: ii Acreage of open space: NJA Percentage of useable open space: _NIA (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (im , landscaping, public, common, etc): IqIA Type of dwellings) proposed: O Single-family 0 Townhomes 0 Duplexes 0 Multi -family Nota-residerrtial 1P'rojeet *nmary (it applicable) Number of building lots: 1 Other lots: Gross boor area proposed: , %► Z SCN yzr Existing (if applicable): j Hours of operation (days and hours): Building height: 111-16" COr ewAcc - Percentage of site/project devoted to the followrrag P . 'VI Landscaping: Building: Z Paving: sail. �� $�,�� Total number of employees-, Maximum number of employees at anyone time: Number and ages of students/children (if applicable): Seating capacity Total number of parking spaces provided: 2'325 Number of compact Spaces provided: Authorization Print applicant name, 0; 0 Applicant signature: Date: 10 Z& &419 b"..'S .tertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888.6854 • website: www.meridiancity.org • Commercial Properties Development Brokerage Property Management October 15, 2008 Planning Department 660 E. Watertower Street Suite 202 Meridian, ID 83642 RE: Narrative of Office Building to be constructed within the Kennedy Commercial Center To Whom It May Concern: The following is a description of a proposed 35,000 square foot office building for which Metro Commercial Properties is requesting a certificate of zoning compliance. The proposed project will consist of a Class -A office building which will be constructed within the City of Meridian. The office building will be located on an approximate 3.5 acre parcel directly adjacent to the I-84 Freeway, more specifically known as Lot 12 of the Kennedy Commercial Center. The proposed office building will be two stories, and will consist of approximately 35,000 square feet. The building construction will consist of a steel framed interior system, with a building skin primarily consisting of brick veneer. A significant amount of the building exterior will consist of high-performance glass to allow for natural light within the building itself. The landscape plan for the project will provide for an attractive environment for the building tenants and visitors, and will consist of plant material typically seen in Class -A projects located in the greater Boise metropolitan area. It is important to note that this project will be occupied by the University of Phoenix upon completion. This project is an office building, but is currently in the City of Meridian for a rezone to allow for adult education uses. Please feel free to contact me with any further questions regarding this narrative. Sincerely, 44 yan Foley phone 602.452.2570 fax 602.452.2571 / 1500 N. Priest Drive, Ste. 132 Tempe, AZ 85281 www.metrocommercialproperties.com CARPENTER SELLERS ASSOC, [ATE S October 28, 200$ City of Meridian Planning Department 660 E Watertowei Lane], Ste 202 Meridianj Idaho 83642 RE:,: UniVersitY of Pfid.ehfx - Kennedy Commercial Center MOS -008 PRINCIPALS STEVEN FL CARPO#Eit.Alk K HICK SELLERS, Alk AMCHAEL A. DEL GKM, AIA To whoa it may tbncem,: We ha*v*e provided the following.. responses for the criteria set forth in the Design Review application checklist. 1. Architectural Character a.. Facades We have incorporated modulations on all facades: of the bulldlng6, The modulations -. " ilicitI& varying pa L I and varying parapet heights* changes in massing,,, projected window sections, nd projected stair towers at the, I building ends. The minimum requirement of 20% is met. b. Primary. Public. Entrance The public entrance is ckearty defined -by a transparent open lobby area With Projected masses at bothL sides,, and a shelter elemint surrounding the doors. The 30% requirement for windows facing a public street Is far exceeded as. the building is designed for day -lighting. 1919 S. JONES , SUITE C:, LAS VEGAS, NEVADA 891,46 - (702) 251-8696 - FAX 251-8876 mallftscarchIfects.com www.caaarchitects.coin c. Roof Lines We have varied the parapet heights vary based on proportions and the overall massing of the building. In addition to varied parapets, we have protruding window elements at the building corners, and the entrance shelter element that will utilize low slope roofs. d. Pattern Variation The pattern of the facade is created by arranging. the three main materials, a metal panel rain -screen system as an accent, thin brick veneer, and the glazing system. e. Mechanical Equipment The mechanical units will be screened from view from the property line by the surrounding parapets and/or mechanical enclosures. The current design is for the units to be mounted on the roof and screened by the parapets. 2. Color and materials As stated in Item d above, the building will be composed of three main materials, a metal panel rain -screen system as an accent, thin brick Veneer, and the glazing system. The accent panels will be of a. light metallic gray color. Bricks will be of `a dank earth -toned red color. Glazing will likely be a high performance light green color., 3. Parking Lot We have located the parking lot on the south side. of the building. The only public right-of-way adjacent to the property is located on the north side of the building.: Landscape is used to compliment the building architecture and screen the parking lot from view by surrounding sites .and structures. . 4. Pedestrian walkways a. An eight foot minimum pedestrian walkway composed of scored concrete is provided from the public way up to the building entrance. b. The parking lot is composed of asphalt. The pedestrian walkway will be distinguished from the parking -lot since it will be composed of scored concrete. } c. The configuration of the parking. lot is such that the furthest aisle ends within 40 feet of the main building entrance. The maximum aisle length is under 30. spaces. d. The entrance to the building is protected by a 4' overhang. If you should require any further information, please do not hesitate to contact our office. Sincerely,. . Zach Broyles Pro7ect Manager M. File MOS -008/3301 t. 4AN 5 +". 5 #n'' "y 1 f 6.1 yt u 1 ms+ X } c. The configuration of the parking. lot is such that the furthest aisle ends within 40 feet of the main building entrance. The maximum aisle length is under 30. spaces. d. The entrance to the building is protected by a 4' overhang. If you should require any further information, please do not hesitate to contact our office. Sincerely,. . Zach Broyles Pro7ect Manager M. File MOS -008/3301 t. 4AN 5 #n'' "y 1 f u 1 X 5 .:'�'d Jrt a�`� � �;fi` �`�'� ,i".7✓ � C fit �.� ( � y '` 0 1500 N. Priest Drive, Suite 1 D02 Tempe, AZ 85281 Phone: (602) 452-2570 Fa)c (602) 452-2571 To: Sarah Wheeler From: Ryan Foley Fac Date: October 28, 2008 Phone: Pages: (Including cover) Re: CC: Hi Sarah, Enclosed you will find the Design Review Application, Checklist, reductions of elevations and the Fee. My architect will provide the letter of the narrative as well. Thanks, Ryan =4 y � 4 gg �r av "� 3 G.i wq §, .fr. tn .�,. >m . t 3 � � a ` I e Y AO COA OM RY EWRQER J. DAVID NAVARRO AMOUNT 9.00 3 l� L J 801SE 10AN0 02/22107 04:23 PM Prepared by and after Recording return to: DBSI MERIDIAN 184 LLC Attn: Legal/Acquisitions 12426 W. Explorer [hive, Suite 100 Boise, Idaho 83713 FXoINPal RECORDED— NemD—RE REQUEST ��+���111N� 1 ��111�111IIII1�111lit RECORQEQ-REQUEST OF Transnallon Tiffs 107025758 WARRANTY DEED For the consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration, MERIDIAN FREEWAY ASSOCIATES, L.P., an Idaho limited partnership, who acquired title as Meridian Freeway Associates, an Idaho limited partnership ("Grantor"), does hereby grant, sell and convey unto DBSI MERIDIAN I84 LLC, an Idaho limited liability company ("Grantee). whose address is 12426 W. Explorer Drive, Suite 100, Boise, Idaho 83713, and its successors and assigns forever, the following described real property located in Ada County, Idaho, as described in Exhibit "A" attached hereto and incorporated by this reference (the "Property"). TOGETHER WITH all and singular the tenements, hereditaments, easements, rights and appurtenances thereunto belonging or in any way appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all estate, right, and interest in and to the Property, as well in law as in equity. SUBJECT to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way, easements, and other matters of record or otherwise appearing on the land ("Permitted Exceptions"). Grantor hereby, for itself and its successors and assigns, covenants and agrees with Grantee that Grantor is lawfully seized in fee simple of the Property herein conveyed; that it has good right to sell and convey the same in the manner set forth herein and the Property is free and clear of all liens, claims and. encumbrances by and through and under the Grantor, except for the Permitted Exceptions; that Grantor, its successors and assigns shall warrant and defend the same unto Grantee forever against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this 21:: qday of February, 2007. Warranty Deed -1 MERIDIAN FREEWAY ASSOCIATES, L.P-, an Idaho limited partnership By: DBSI Inc., an Idaho corporation Its: General Partner By: Name: to5uglas L. Swenson Its: President v�nCA &UZ& STATE OF IDAHO County of Ada } ) ss. On this a! day of February, 2007, before me, a Notary Public in and for said State, personally appeared Douglas L. Swenson, known or identified to me to be the President of DBSI Inc., an Idaho corporation, known or identified to me to be the General Partner of Meridian Freeway Associates, L.P., an Idaho limited partnership, the corporation which subscribed said limited partnership's name to the foregoing instrument, and acknowledged to me that such authorized representative executed the same in said limited partnership's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •``0t�NQN M••'•. ice• p, •�......s � !� .•. `,:* ,,�,aTA R r % NOTARY PUBLIC FOR IDAHO • =�-0 • —+� i Residing at • w Pu g 0C My commission expires: e • ., 0*88 M1650 Warranty Deed - 2 r %--s EXHIBIT "A" (Legal Description) A parcel of land be€ng a portion of the BE 1/4 of the SW 1/4 of Section 13, T.3N., R.1 W., B.M., Ada County, Idaho and more particularly described as follows: Commencing at an iron pin marking the South 114 comer of said Section 13; thence along the South boundary of said Section 13, which Is also the centerline of West Overland Road North 89°26'27" West 1327.84 feet to an iron pin marking the Southwest corner of said BE 114 of the SW 114 of Section 13; thence leaving said South boundary along the West boundary of said BE 1/4 of the SW 114 of Section 13 North 00"13'19" East, formerly North 00606'51" East, 48.00 feet to an iron pin on the North right-of-way line of said West Overland Road, said point being the POINT OF BEGINNING; thence continuing North 00013119" East 1075.98 feet to an iron pin on the South right-of-way line of Interstate Highway 1-84; thence along said South right-of-way line South 89°52'52" East 1327.40 feet, formerly South 89°53'39" East 1325.21 feet i to an iron pin on the East boundary of said BE 1/4 of the SW 114 of Section 13; thence leaving said South right-of-way line along said East boundary of the BE 1/4 of the SW 1/4 of Section 13 South 00°12'01" West, formerly South 00000'00" West, 585.98 feet to an iron pin; thence leaving said East boundary € South 90°00`00" West 578.50 feet to an iron pin; thence South 00°06'51" West 494.56 feet to an iron pin on said North right-of-way line of West Overland Road; thence along said North right-of-way line North 89°26'27" West 750.07 feet to the POINT OF -BEGINNING, Warranty Deed - 3 AFFIDAVIT OFLEGAL ENTIItEsT STATE OF IDAHO COUNTY OF ADA ..Des I fherldmn 1W, 'L'C' I --.12,que W. &1226v-cv-1k, (nam) (at&ess) (City) (State) being first ddy sworn upon, oath, depm and say: 11 That I am therecord owner of the property described on "the attached, and I grant my permission to: M e,+ro (�o . me4-r- la I SWO 132, - (Address) to m*anit the. accompanyiog application(s) pataining 66 that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees. ham&=, from any claim or 44nlity'resulting :ftm any dispute.aA to the staternents. contained herein or as to therownership, of the property which is.the subject of the application; 1 hereby grant permission to City of Meridian staff to enter the subject property for the puqiode of site inapt etious related to ptoeming said VpHcafion(s). Dated this 1 I 5L_day of.20'0 (Signature) SUBSCRIBED AND SWORN to before me the day an" vear fi., lellst above written. • *$%%eggs 1( ALAC\ #%'- -'� P JK,6!b % (Notaty rublic for Idafto) air : 061k."q 00: 1 Residing at My COM"'On E*m. 0 0 of 10115/2008 06:22 7022518876 10-15-'08 07:15 FROM - CARPENTER SELLERS PAGE 01 T-120 P001I001 F-208 University of Phoenix Meridian Campus - Vicinity Map SCALE 1 :6,000 500 0 500 1,000 1,500 FEET 13 IENIDIAN*-- --- IDAHO FORM PW100 DATE: 10/3/2008 MayorTammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba The following property has been researched by The City of Meridian Public Works Department. Project Name: UNIVERSITY of PHOEND( MERIDIAN CAMPUS Address: 1422 S. Tech Lane Suite #: Zip Code: 83642 Lot/ Block Subdivision: 12J11 Kennedy Commercial Sub 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. X Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Manta Hawker Receptionist Public Works 898-5500 mhawker@merldiandty.org DEWS MM-ORM Eat CO. THS O6NS M 6 THE WOUY OF IOOMm-Oma Dwain W. Aw Rmm=m ma oN umwx= W 9SN S Www W as Cwmas wain mwc am rEWRON OF =WAN-Wrox Doma lMi m B SHWU FRWQim ►� � � i II - i Jill 5 41 1 a_ F1 a y 1 g ® ® § b 6 PwPPPpP}T "'�PPP�PPl4N! Q o Ole 0 0 0101#1010 c 0101. *10 00 1,41 1 � w AllAIo if I �P re reprep AARI �� �q5 � yt i e m �g ysyg ygpeaP P eE a a ! a e Ep- gt g�.�is�Fl�pSa�egg a SyggyFEBg @ � @a �s yFsV4g�z Ays LBr g �+II 11111111 Qfill'�� 9�$g�� gg t �!# ���re�a� � ! � � �� ��&� ° �E�@@@°E�gre���� y 3a t 5 �t �yt ff a ta� & f �!! �� ��t ly€aid t t d88� t!3 �1�� t9eE �R ! ! Slay F a€�9� tf�� i�!g€'�,�� & �E��B$� tp a at ��� fa', e9 l� @ fa ! fuE 9° y yE f 1p! SEs $ ;f5 !y t! ! �` st°�i� Ftt�, ayy t t t rea} fat( a! gre ! �!t t1@ @ 10 yp,t E @ g y t! yg¢Ea gps'y t� ya1p { xp ¢ e, day 9 yp yq¢�tq E Bq ESBt�Q 8, ya gF�gBygd®tggA�t I y g 1 !,m 5@0. DS n@@$Ry� 9Pgg@ � !#f g&g 6 ffF ��xg A t HP FY y4g �a 1 91�� �gk�p �3ge��� �tpe! a 11 6 444 Ray{ p Eg a !lqRg�5S.� i @ I @ &' its �I 19 y �H S F 5 E 3�°•,eY s � � � {� 5 a ¢� ! e 4 1 3� a° a la g!t � 8l E @j ! 1. @@ �Fs�bRgy a 6qt 4� ! E ltt a 6� 8A@ t R$@ge6iEy s� gg �[ f�fgyp�� ptaBl9El Egl� �°y 1 a FiR 8�es�tFt p li�������fig &� P � E�e� I MIN$ E@l f.. ! .f a ! @� s il eee 3®! � @a4� ��°pR t�Bl� ll���Ba�;�e B� ��a g� p@a y M. L� � to t 4 �@ &,-IF a S 8111 K a pgy llp as !� R Y E ! 8 til E4�€I a �K s s a�y.tt UNIVERSITY OF PHOENIX TOOTHMAN—ORTON ENGDMTRING COMPANYP. KENNEDY COMMERCIAL CENTER WGULT o ENW�, SURVEYORS MD PIAMeRs MERIDIAN IDAHO, ADA COUNTY u -EU t` MAKO CZC LANDSCAPE PLAN E () �++ FNf: (208) '.iE3-2199 .4. G 9 N ® 4 8 8 Ft h g 2 S B A 6 ® s s � a a 9 $g Y $g v $g mm m m g7 R@ yp� pg qg N m T z _ 0 000 O O O p0 O �p VAAAAAAAAAAAAAAAAAAAAAAA� - - © � __o 0 0 9D 9D o 0 0 = •41 a $a$a maa HIM c z m gN bg0 0o ro s g"s 2O m O m z X D N m I m O m r O z CO) � 7 Y 7 y- Y}VTM r g 4 } 7. , C rim �m c z mNm m m ge o SMO Am z X v w 4 f. d ADA COUNTY RECORDER J. OAWD NAVARRO AMOUNT 121.00 40 BOISE IDAHO 10110106 11:36 AM DEPUTY Randy Jennings r f RECORDED—REQUEST OF 1111th{tl �llltlllltlltl�ll�i t Toothman Orton 100112981 AND RESTRICTIONS FOR 0 Will 111 1 k .; ARTICLE 4 - USES AND REGULATION OF USES ..R.......R,.,..f........#. ..... ................ .... .... -6 4.1 Uses- Generally.........ma.................a..............•..............•.....................................6 4.2 Prohibited Uses ...........•w.......aa...wa...............a.....•..........•P....................................6 4.3 Improvements- Generally a:•..a••....a.......P............................................................6 4.4 Nuisances ...................P...a..............a...............................,........................._.........7 4.5 Storage Areas..P.................a.a................,..........,.......a........................................7 4.6 Drainage ..PP........P.........a................................P...w........a.a........•...........................7 4.7 Grading .............. ...................... ..•................._....a.,...........................•.................7 4.8 Owxtees Insurance:...a.....................a......P.................a....a..aP................•...............8 4.9 Insurance Rates ....a.aa.................m..................m...,.a...am,.a..a...a...............................8 4.10 Landscaping ....,....m................................•.....P..P....,....P................................... 8 ARTICLE a - RIGHTS TO COMMON AREAS, DESIGNATION OF COMMON AREAS. 10.......9......s...........9..9.9....Ra..................f.i..#9.............a....................8 5.3 Use of CommonArea aaa.am...a.•PP...........a.ww•P........,.amPP........ ............................... 5.2 Designation ofConnnon Area...PP.•... mw.m................... -..... ...... .............. 5.3 Damages to Common Area..... m•w••a........P .••..•.P.• .asaaaamaamss..•........aa•P•...........9 ARTICLE6 -: CON YA. DEVELOPMENT, OP.ERATICN AND .MAINTENANCE. 11.........Rf....................... 4iNQbPepR.....fig-..4............ '9.4liRYR6NRe R#®Y.RROWY✓ 6.1 Construction of Common Area Improvements,.f........amm.Pa........ a...... 4 .............-9 .2 Protectionof Common Areas. •wa.MP..•.,.aam.ma•••.a.P.....>,.a.was9.a.}.........................9, 6.3 Intentionally D1nrtted P........PPPP•.....................•........ •..................o .......-9 6A Maintenance of Common Area P .......•............. m •.......... ....•a<P•..P.--...9 ARTICLE 7 -YY]BUILDING AS, CONSTRUCTION AND NtUNTENAINCE OF 4Y1�Mil� ■� Y � A9N.'OiRR#N.#O#iaiR.#9R14fAA8'NYf..tAt.tfSR.R.#}YgR4LiR.R.YNlYA#YYn38®iMR.M6'YF..f#R.iYM8.49Fb9b 1� SH 7.1 Building Areas and N&imumParking .................................................. .. '' • wa 10 7.2 Const ction writhtn Budin Areas• . ..................wawa.,..............................1A 7.3 Maintenance of ...................................... I..................11+ 7.4 Construction Staging and Maintenance During Construction ........................ 11 7.$ Destruction and Restoration of Owner's h iprove Vis.:.................., ...m......12 7.6 Condemnation ................................................... P..m...m.....•........................... 12 ARTICLE $- SIGNS , kEbYN.frR.ssssRs.sBRtlsa#RRssYYsss»sReere..Rtltl.aa�iY.a.i�sa9.a...YSYR.HRssss6awPlaas.....a 12 8,1 Building Signs ....a.a........a.P.,P....a....aa.•aP...•.................................... ...............12 8.2 Temporary SignsP....•.aaP...a......................•...... .a. .r.•a...........•.................13 8:3 Informational Signs ....m•aw.......•....maa...w.....P.•a.m.a•.aa..................•••...•............13 8.4 Monument Signs ....•..a...,..•..a....s..,•w.............•................ ••...• .13 8.5 Pylon Signs ......... ...... ..............a....a•................................... 13 ARTICLE9 - EASEMENTS .R.......#Y...,.,....#...R....,........ .............Y,..........,..R................ .,............#.Y 13 9.1 Owners: Easements of Enjoyment............a..P..•..............................................13 9.1 Ingress and Egress ..Pa....a.,......,,..a..a......m..,..a..,..•.a..w.........................................13 9.3 Lot Line Adjustment and Additional Easements •...•.a .....................................13 9.4 Recorded Easements.,...........•....P.....•..............................................................14 9.5 Blanket Utility Easement................................................................................14 9.6 Drainage and Utility Easements•......................•,.....•w....a.........•,.....•...............14 9.7 Rights and Duties Concerning Utility Easements..........................................14 9.8 Conditions Applicable to Utility Easements..................................................15 9.9 Easements of Encroachment ............................... w ....................... w .15 9.10 Maintenance and Use Easement Between Walls and Property ...................... 15 TABLE OF CONTENTS. i i 14.2 Rugs Regarding Inspection of Books and Records.......................................30 14.3 Directoes Rights of Inspection......................................................................30 ARTICLE IS -GENERAL PROVISIONS ..............„..........................,....................................30 15.1 Annexation of Other Properties.....................................................................30 15.2 Assignment by Declarant ..... ............................... ........................................... 3I 15.3 Term...............................................................................................................3I 15.4 AMendment....................................................................................................3I 15.5 Notices...........................................................................................................32 15.6 Enforcement and Non -Waiver ........ ........................ ...................................... 32 15.7 Interpreation............... ............................................................................33 15.8 Recitals and Exhibits.....................................................................................33 15.9 Consents Required ................................................................... ..................33 rA[11.E OF C ON'TEN FS - iv 3.1 ACC Guidelines. "ACC Guidelines" shall mean the architectural guidelines and rules promulgated, published. amended and supplemented 'from time to time pursuant to Article 31. 3.2 Allo-wable Floor Area. "Allowable,Floor Area" shall mean t -he maximum Floor Area allowed to be constructed on each Lot as set forth in Section 7.1. 3.3 Architectural Control Committee or ACC. ""Architectural Cqntrol Committee or "ACC" shall mean the Architectural Control Conunittee created by Declarant pursuant to Article I I hereof. meanand refer to the Articles of Incorporation of the,Association or other organizational or charter documents of the Association. as the some ntay be arnended or revised &OM time to time. "Assessment" shall mean and refer to a payment levied by and due to the Association, including Regular, Special or Limiwd Assessments in accordance with Adic-le 12 hereof Wi Ww"w4tirg. W41 wg wig "As atign or "rules" shaU mean and refer to those rules and regulatiom- adopta amended, repealed and promulgated from time to time by the Association goverrung conduct Won and use of all or any portion of the ProperV. N41111111111111111 IF! � 111111!p 11�1!11�11 1�1 � i "Building" shall mean and refer to a pen-nanent structural Improvement an any Lot which is enclosed by exterior -walls, floor and roof, and which is designed for the conduct within of the activities and business of the Owner of such Lot, or the Occupant of such Improvement. A Building shall be included in the definition of Improvement. 5.10 Buildine Area. -2- pathways, shelters, screening walls, construction trailers and other temporary construction outbuildings, benches, plantings, exterior appliances, antennas, satellite dishes and other communications equipment including fiber optic cables. and other pumps, wells, tanks, ponds, waterways, ditches, pipes, lines, meters. towers. recreational facilities, grading, road construction and any other new exterior construction or exterior improvement which may not be included in the foregoing, fmprovement(s) includes both original improvements existing on the Property on the date hereof and all later changes and additions. 3.17 lnigatL on System "Irrization System„ shall mean and refer to the Irrigation System contained within the Property, existing separate and apart from the potable water system, including all Improvements and casements associated therewith, which supplies the Property with irrigation water. The Irrigation System shall be a Common Area owned by the Association. 3.18 Limited Assessment. "Lot" shall mean and refer to any portion of the Property subdivided pursuant to a recorded Plat or Plats,. or otherwise legally created for separate use and/or ownership, upon which Improvements may be conswactecL 3.20 IVLembsr. "Me_mber" shall mean and refer to each Owner holding a membership in the Association. Tpopmnf' shaH mean and refer to any Person occupying any portion of a Building or Lot who holds less d= a fee simple interest, including without limitation, lessees, licensees and invitees. 3.22 Owner. "Owner" shall mean and refer to any Person who is the record owner of a Lot or any portion thereof or interest therein, but excluding those having any such interest merely as security for the performance of an obligation. 3.23 Permanent Access Easement. " , Permanent Access Easement" shall mean a non-exclusive perpetual access easement for vehicular and pedestrian ingress and egress on over and across the Common Area. Upon the sale -4- "Regular Assessment" shall mean and refer to an Assessment levied by the Association in accordance with Article 12 against each Lot for the payment of the regular expenses incurred by the Association for the cost of maintenance and operation of the Common Area and the business expenses of such Association. 3.30 RestricLons. "Restrictions" shall mean and refer to all restrictions, covenants, limitations, easements, conditions and equitable servitudes that encumber or othenvise apply to the Property or use thereof as set forth in this Declaration, as amended and,/car supplemented from time to time. 3.31 Service Fac flifio. "Smice Facilities" shall mean and refer to loading docks, trash enclosures, bottle storage areas, trash compactors, exterior coolers and electrical and refrigeration facilities, and other similar fiwilities providing services to any Improvement upon a Lot. 3.33 Special Assessment; "SpecW Assessment shall in= and refer to an Assessment levied by the Association in accordante with Ankle 12 hereof upon the Lots to defray the cost of construction or reconstru i provements therein or to cure, ia deficit in Reg -111 ftr ttion of Common Area, orAm Assessments. No portion of the Property may be used inconsistently with this Declarmion or any applicable law, regulation, rule or ordinance. - 4.3 Improvements - Generally. No Improvement shall be constructed upon any Lot unless such Improvement has been approved by the Architectural Control Committee pursuant to Article 11 hereof and is in compliance with the design requirements of the city of Meridian, Idaho. All Improvements shall conform and harmonize as to external design, quality and type of construction, architectural character, materials, color, location urithin the Building Area, height, grade and finished ground elevation, natural conditions. landscaping and all aesthetic considerations. -6- Each Owner shall be responsible for its own liability insurance coverage with respect to its Lot, as well as all insurance relating to its personal property and personal liability. Any insurance policy obtained by an Owner shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies that the Association obtains pursuant to this Declaration. X11 such insurance on the Owner's Lot shall waive the insurance company's right of subrogation against the Association, the other Owners, and the servants, agents and guests of any of them. 4.9 Insurance Rates. Nothing shall be done or kept on any Lot which will increase the rate of, or cancel any insurance on any other portion of the Property vvithout the approval of the Owner of such other portion, nor shall anything be done or kept on the Property or a Lot which would result in the cancellation of insurance on any other portion of the Property or which would be in violation of any law. Each Owner "I make such landscaping Improvements upon such Owner's Lot, including those areas lying within the Landscape Buffer, as shall be required by the City of Meridian in connection with the issuarice of any building pennit and/or cerufflicate of occupancy. Failure to install such landscaping in conformance with the re�uirements Of the City of Meridian s I hall constitute a default hereunder. r 5A Use- OFLO—mmoxi Arm, `Me Common Area is hereby reserved for the sole and exclusive use of all Owners and/or Occupants Of the PrOPertY. their tenants, contactors, employees, agents, customem licensees and invitees and the subtertants. contractors, employees. agents, customers, lig nsms and invitees of such tenants and for holders of any easement or I icense granting rights of access or otherwise In the Common Area or any part thereof The Common Area may be used for vehicular and pedestrian ingress and egress, directional signs and walk -ways and for no other purpose unless specifically provided for in the Declaration. Portions Of the Conunon Area designated for a specific purpose on the Plat - such as storm water drainage improvements, water and sewer , irrigation, landscaping and placement of utilities - shall be used only for such designated Purpose and for no other purpose unless otherwise specifically provided in this Declaration. Except for "permitted improvements." as defined below, no additional Buildings or structural Improvements not shown in the Site Plan shall be placed or constructed in the Common Area without the prior written consent of the Association. "Permitted improvements" are defined as paving, bumper guards or curbs, landscape planters, lighting standards, utility pads and equipment, recycling centers, bicycle racks, sidewalks and Service Facilities (provided that such Service Facilities are located to the rear or sides of any buildings), so long as any such permitted improvements do not (i) reduce the total number of parking spaces on any Lot upon which the permitted improvements are located below the number of parking spaces required for such Lot under applicable ordinance. rule or regulation; (ii) impede the access to any Lot; (iii) impede access to the Permanent Access Easement, or (iv) impede traffic circulation. MV purpose of this section, an overlay of" the drives and parking areas shall be considered a maintenance item). Without in any manner limiting the foregoing, the directional arrows. crosswalk and other matters in the streets and drive aisles shall be painted as often as reasonably necessary in the discretion of the Association. All potholes and cracks in the surface of the streets and drive aisles to be promptly repaired upon discovery or notification of the same. 6.4.2 Debris, Refuse and Snow. Periodic removal of all papers, debris, filth, recuse, ice and snow (1" on the surface and snowing), including vacuum sweeping to the extent necessary to keep the Common Area in a first-class, clean and orderly condition. All sweeping shall be at appropriate intervals during such times as shall not unreasonably interfere with the conduct of business or use of the Common Area by Permittees. 6.4.3 Intentionally deleted. 6.4.5 Landscat)] . Maintaining and replacing of all landscape plantings, trees and shrubs located in the Common Area in an attractive and thriving condition, trimme-1, and weed free. Maintaining and replacing landscape planters and performing pest control and extermination therein as needed. 6.4.6 Qh%='Ons Keeping the Conimon Area five from any obstructions, Mless such Obstruction is mtted periunder dw I -protisions of this Declaration. 6.4.7 E&Vm—=% od Sign Are& The areas designated on the Plat as Drainage Easement and Utility Easement, all used for the inoatWon, maintenance and repair Of swrin water drainage improvements andihe installation, maintenance and repair of utilities. The Sign Area shall be used for the constnwtion, maintenance and repair of a pylon or Monument sign ident4ing theProperty and the Occupants and Owners thereof. 'The cogs of constmetion, maintenance and repair of any sign located thereon shall not be a Common Expense but shall be paid by those uWiz* such sip. All Buildings and other Improvements shall be placed or constructed upon each Lot only in the Building Areas. No Building on a Lot shall exceed the Allow -able Floor Area for such Lot as determined by the ordinances, rules and regulations of the City of Meridian. 1"he minimum parking required to serve the Improvements on such Lot shall be located on such Lot, There shall be no cross parking allowed between the various Lots. For purposes of the minimum parking requirements established by this Declaration, each automobile service bay located within a Building operated for the Automobile Repair Uses shall be deemed a parking space for all purposes hereunder, including the required minimum parking ratios. 7.2 Construction 'Arithin Building Areas. All Buildings and other Improvements shall be constructed within the Building Area in accordance with this Declaration and all local. state and federal laws, rules and regulations -10- 7.5 Destruction and Restoration of Owner's Innrarovements. If any Improvement located on an Owner's Lot is destroyed by any casualty, excluding landscaping, the Owner of such Lot shall promptly restore such Improvement to its original condition at such Owner's cost. To the extent that the Owner of such Leat elects not to restore the destroyed. Improvements, such Owner shall promptly raze such damaged Improvements and shall forthwith grade, pave and/or landscape the area on which such Improvement was located in a safe, sightly and attractive condition, In the event of a condemnation of part of a Lot, or sate or transfer in lieu thereof that reduces the number of usable parking spaces below that which is required herein. the Owner whose Lot is so affected shall use its best efforts (including using proceeds from the condemnation award or settlement if authorized by such Owner's lender) to restore car substitute ground level p g spaces in order to comply with the parking requirements set forth in this Declaration and applicable ordinance. If such compliance is not passible, such. Owner shall not be deemed in default hereunder, but such Owner shall trot be permitted to expand the Floor Area of any Building or Improvement on its Lot unless authorized to do so by the Association, which, authorization shall not be unreasonably withheld, conditioned or delayed. If such Floor Area is thereafter reduced other than by casualty, then the Floor Area on such Lot may not subsequently be increased unless the parking requirement is satisfied or unless otherwise authorized to do so by the Association, which authorimition shall not be unreasonably withheld, conditioned or delayed. ARTICLE 8 - SIGNS All signage to be installedon a Lot, upon or affixed to a Building or hnprovernent or within a Building or Impro%v ent and observable from the common Ar parr a platted street: i) may only be installed with the approval of the AOC; and ii) shall be subject to the applicable ordinances, rules and regulations of the City of Meridian., Idaho. No sign anached to the exterior of a Building shall be (i) placed on canopy roofs extending above the Building roof, placed on penthouse walls, or placed so as to project above the parape4 canopy, or trap of the vva upon which it is .mounted; (ii) placed at any angle to the Building; provided, however. the foregoing shall not apply to any sign located under a sidewalk canopy if such sign is at least eight (g) feef above the sidewalk; (iii) painted on the surface of any Building; (N) flashing or audible; (v) signs employingexposed raceways (unless the raceway is the same color as the Building), exposed ballast boxes, or exposed transformers; or (vi) paper or cardboard signs, ternporary signs (exclusive of contractor signs), stickers or decals; provided, however. the foregoing, shall not prohibit the placement at the entrance of each Occupant's space a small sticker or decal. indurating hours of business, emergency telephone numbers, acceptance of credit cards, and other similar items of information. .? Tem rarY Suns. - 12- 9.4 Recorded Easements. The Property, and all portions thereof, shall be subject to all easements shown on the Plat and any other recorded plat or survey affecting the Property, or any portion thereof, and to any other easements of record or of use, now existing or hereafter created, including vNithout limitation any storm drainage easements, street light easements, sanitary sewer easements or any other public utility easement shown on the Plat. 9.5 blanket UtilitxZaggrnent. A blanket utility easement is hereby gramed for all utilities, including water, sewer, telephone, cable television and electrical systems, on, over, across� under and through the Common Area for the provision of services to each Lot. Use of this easement shall be limited to the Utility Easement shown on the Plat if practicable. Under no circumstances shall any utilities be located outside of the area between the Building Setback Line and lot bo as shown on. the Plat. 9,6 Water. Semi -Drainale and Utility EA-2pments. ............. The Owners of of arebereby restricted and ened from Cons"eting or altering IM vemen' 9.7fthtsandCAiu*esConcemingUtijitvEasements, - WhertVer utilitY connections are installed within the Property pursuant to Section 9.5 or 9.6 above, which Connections or any portions thereof lie in or upon Lots owned by an Owner other than the Owner of the Lot served by the connections, the Owner of the Lot served by the connections shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter upon any Lot or to have their agent enter upon any Lot within the Property in or upon which said connections or any portion thereof lie, to repair, replace and generally maintain the connections as and when it may be necessary. Whenever utility connections are installed within the Property, which connections serve more. than one Lot the Owner of each Lot served by the connections shall be entitled to full use and enjoyment of such portions of said connections as service such Owner's Lot. In the event any installation, construction, maintenance, operations. repair or replacement ("Installation and Repair") of the easements granted herein disturbs or damages any landscaping or other Improvement(s). the Association - 14- property line of the Lot) for purposes of maintaining, repairing or replacing such wall, fence, eaves or other overhangs, and the Owner of such adjoining Lot is hereby granted an easement for landscaping purposes over and on the area lying between the property line and such structure or fence so long as such use does not cause damage to the structure or fence. 9.11 General Landscape Easement. An easement is hereby reserved to the Association, its contractors, employees, and agents, to enter Lots to gain access to the Common Area designatged as Landscape Easement and Landscape Buffer, for the purpose of installing, maintaining, replacing and restoring exterior landscaping, and natural vegetation and habitat. Such landscaping activity shall ' include, by way of illustration and not of limitation, the mowing of lawns, irrigation, sprinkling, tree and shrub trimming, and pruning, walkway improvement, seasonal planting and such other landscaping activities within the Property as the Association shall determine to be. necessary from time to time. A general easement is hereby granted to all police, sberiff, fire protection, ambulance, and all other similar emergency agencies, or Persons to enter upon the Property in the proper performance of their dutim 9.14 Maintenance Easement. An easement is hereby reserved to Declarant, which may be granted to the Association, and any member of their Board or their manager, if any, and their respective officers, agents, ,employees, and assigns, upon, across, over, in, and under the Lots and a right to make such use of the Lots as may be necessary or appropriate to gain access to the Common Areas for the installation, construction or maintenance of any Common Area Improvements (such as additional server or water lines and appurtenant improvements), make emergency repairs and perform the duties and functions which the Association is obligated or permitted to perform pursuant to the PrqJject Documents, including the right to enter upon any Lot for the purpose of performing maintenance to the landscaping or the exterior of Improvements to such Lot as required or permitted by the Project Documents. ARTICLE 10 — PROPERTY OWNERS ASSOCIATION 10.1 Organization of Association. - 16- time -to -time; provided, however, that so long as the Class B Member exists, the Class B Member shall have the exclusive right to elect and appoint all officers and directorsofthe Association in the Class B Member's sole and absolute discretion. 10.6 Powers of Association. The Association shall have all the powers of a non-profit corporation organized under the applicable provisions of the Idaho Non -Profit Corporation Code subject only to such limitations upon the exercise of such powers as are expressly set forth in the Project Documents. The Association shall have the power and authority to do any and all lawful things which may be authorized, required or permitted to be done by the Association under Idaho law and under the Project Docurnents, and to do and perform any and all acts which may be necessary to, proper for, or incidental to the proper ownership, management and operation of the Common Area and the AssociatioWs other assets, including water rights when and if received from Declarant, and the performance ofthe other responsibilities herein assigned. 10.6.1 Assessmenta, The power to levy Assessments pursuant toA9 LcleL,2, on any Owner of any portion of the Property pursuant to the restrictions enunciated in this Declaration, and to force payment of such Assessments, all in accordance with the provisions of this Declaration. This power shall include the right of the Association to levy Assessments on any Owner of any portion of the Property to cover the operation and maintenance costs of Common Area. 10-62 Right of EaLo—rcMent. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breath of the Articles, Bylaws, this Declaration or other rules and regulations and to enforce by mandatory injunction or otherwise, all provisions thereof 10-6.3Delearation of 'Powers. The authority to delegate its power and duties to committees, officers, employees, or to any Person to act as manager, and to contract for the maintenance, repair, replacement and operation of any Common Area. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. -.All contracts for management of any Common Area shall be for a term not exceeding one (1) year, and shall be subject to periodic review by the Board after the Class B M, ember Termination Date. 1 U-4 Ass yciatign _Rules. The power to adopt, amend and repeat such commercially reasonable rules and regulations, from time to time, as the Association deems appropriate. Such rules shall go-vem the use by Owners and Occupants or any other person of Common Areas and other property owned or controlled by the Association; provided, however, Association rules shall not discriminate among Owners and shall not be inconsistent with the Articles, Bylaws or this Declaration. A copy of Association rules as they may from time -to -time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and Occupant. Upon such nailing or delivery said Association rules shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of any conflict between an Association rule or any provision of the Articles. Bylaws or this Declaration-, the conflicting provisions of the Association rules shall be deemed superseded to the extent of any such inconsistency. - is- for all shrubs and trees so that no landscaping shall be permitted to deteriorate to a dangerous. unsafe or unsightly condition. 10.7. s Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Areas owned by the Association or against the Association and/or any property owned by the Association. Such tares and assessments may be contested or compromised by the A."ociation; provided, however, that they are paid or a bond insuring payment is posted prior to tic sale or disposition of any property to satisfy the payment of such taxes. In addition., the Association shall pay all other taxes, federal, state or local, including income or corporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporatism. 10.7.E Identification Signs. Maintain, repair and replace all permanent entry and special identification signs, including without limitation, entrance and monument signs, owned by the Association for the Property whether the same be located within or outside of the boundaries of the Property. 103.5 lrtsur t, . Obtain from reputable insurance companies au, ihori.zed to do business in the State of Idaho and maintain in effect the following policies of insurance: 1 ,` 3.1 Fire ns;urance, including (hose, risk embraced by coverage of the type now known as the lead fbnn "Alt Risk" or special extended coverageendorsement on a blanket agreement amount basis for the full insurable replacement value of all improvements, equipment, fixtures and anther properly located within the Common Arm ovmed or operated by the Association, including such equipment, fixtures and other property not located in the Common Areas, if the same are used or necessary for the use of the Common Areas or casement :areas under the control of the Association. 10.7.5.2 Comprehensive public liability insurance insuring, the Association, the Board,.Officers, the Declarant and the individual Owners, and agents and employees of each of the foregoing, -against any liability incident to the ownership mor use of the Common Area owned by the Association or easement areas Lander the control of the Association. The limits of liability of suoh coverage shall be as reasonably determined by the Board. 10.7.5.3 Full coverage directors' and officers' liability insurance in an amount determined by the Board. 10.7.5.4 Such other insurance, including, workmen's compensation as required by all applicable lawns, and ether insurances as the Board shall deem necessary or as required to carry out the Association's functions or to insure the Association against any los` from malfeasance or dishonesty of any person charged with the management or possession of any Association funds or other property. 10.7.5.5 The Association shall be deemed a trustee of the interests of all Owners in any insurance proceeds paid to it under such policies, and shall have full power to receive such proceeds and to deal therewith. 16.7.5.6 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. -10- The Association may employ or contract for the services of a professional manager or management company ("Manager"), provided that no such employment or contract shall have a term of more than one (1) year, and each such contract shall be subject to cancellation by the Association with or without cause and without payment of a termination fi= provided thirty (30) days or more prior written notice is provided- The Manager so employed or contracted with shall not have the authority to make expenditures chargeable against the Association except upon specific prior written approval and direction by the Board. The Board shall not be liable for any omission or improper exercise by such Manager of any such duty, power or function so delegated by or on behalf of the Board. The Association may contract with Declarant or any affiliate of Declarant to act as Manager pursuant to the terms of this Socfign_ 10-9. 10. 10 CgMm_2!a AM Maintenance Contractor. Neither the Dectamt,.nor any member of the Board nor any officers of the Association, including all agents and employees of the same, shall be personally liable to any Owner, Member,,Oocupant or to any other party, for any damage, loss or prejudice suffered or claimed on account of any act or omission of the Association, the Declarant, the Board, an officer, including all agents and employees of the same; provided that such person acted in good faith and without intentional misconduct. The Association shall hold harmless, indemnify and defend all such aforementioned persons or entities from any suit or proceeding which may arise as a result of a decision made in good faith and without intentional misconduct within the scope of such person's Association responsibilities. 10.1 -1 Dissolution of Association. In the event the Association transfers by separate instrument any of its obligations and responsibilities to another person or entity, such person or entity shall accept responsibility for managing the Common Areas and otherwise assume all obligations and duties of the Association contained herein. In the event the Association is dissolved and the Class B .Member Termination Date has not occurred. Declarant shall accept responsibility for managing the Common Areas and otherwise assume all obligations and duties of the Association contained herein. -22. 11.3 Expenses. All expenses of the ACC shall be paid by the Association. The ACC shall have the right to charge a reasonable fee for each application submitted to it for review in an amount which may be established by the ACC from time to time and such fees shall be collected by the ACC and remitted to the Association to help defray the expenses of the ACC's operation, including reasonable payment to each member of the ACC for their services as provided herein. 11.4 Non -liability of ACC Members. NaMM V;J a DAN ITOF=11� J The ACC may authD&e varimces from compliance with any of the ACC Guidelines, including restfictions upon height, size, floor area or placement of structures, or similar restrictions, when eircunistutees such as topography, nattiral, obstructions. harship,. aesthetic or environmental considerations may require. Such variances must be eAdenced in writing-, must be signed by at least three, (3) members of the ACC. If such variances are grantect, no violation of the covenants, conditions and restrictions contained in this Declaration, or the ACC Guidelines shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration, or the ACC Guidelines for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to eomply with all governmental laws and reigulations affecting the Owner's use of the Property, including but not limited to zoning ordinances and lot set -back lines or requirements imposed by any governmental or municipal authority. 11.6 Declarant's Exemption. Any and all Improvements constructed by Declarant on or to the Property are not subject to review and approval by the ACC, but such Improvements shall otherwise be required to be in compliance with the Project Documents. - 24 - Association, the furnishing of special service(s) (other than those appropriate for Limited Assessments) or for any other expenses incurred or to be incurred as provided in this Declaration;, 12.4.2 To defray a deficit in the common and ordinary expense of the Association for which Regular Assessments for a given calendar or fiscal year are or will be inadequate to pay, as determined by the Board. 12.5 Limited Assessments. In addition to Regular and Special Assessments, Owners shall pay Limited Assessments as follows: oil! MURkIMA 111111111111111111111 111111111111111 I W 1111 to i 1`11 1111111�1111111 'JF,MY=. CMIC'W", 7MUr J-47" necewity thereof has been detiveredby the Board to said Opwmer, shat) have the power to correct anY violation on a Lot or an Improvement on a Lot. The cost of such Corrective action, together with interest, related expertses a fees shall be assessed and collected as set forth in this Declaration, For two (2) years following the date Assessments are assessed against the Owners pursuant hereto, Declarant sbafl not be assessed any Regular Assessments for each Lot within the Property of which Declarant is an, Owner. However, during such two (2) year period, Declarant shall pay an amount equal to the Operating Expenses shortfall of the Association (the "Shortfall Payment"), which Short -fall Payment shall be the lesser of the Operating Expenses shortfall or that percentage of the total Assessments determined by dividing the square footage of Declarant's Lots by the total square footage of all Lots. Declarant's Shortfall Payment shall end two (2) years after the date Assessments within the Property begin. Thereafter. Declarant shall be assessed Regular Assessments for all Lots of which Declarant is an Owner. Notwithstanding the foregoing, during such two (2) year period, Declarant shall contribute to the Association its pro rata share of budgeted reserves as set Forth within the Association's budget. 12.7 Rate of Assessment. -26- affiliates or partners of the Association (or the Declarant prior to the Class B Membership Termination Date) for goods or services related to the Property; (3) prior to the Class B Membership Termination Date, costs due to the negligence or willful misconduct of the Association or Declarant's, their employees, agents and contractors; (4) prior to the Class B Membership Termination Date, any cost fines or penalties incurred due, to violations by the Association or Declarant of any law and the defense of same. (5) any legal fees to resolve disputes involving Declarant at any time or the Association at any time prior to the Class B Membership Termination Date; (6) depreciation or amortization expenses; (7) principal or interest payments on loans secured by the Property, or any part thereof; (8) points. fees and other lender costs and closing costs on debts or amortization on any debt instrument encumbering the Property or any part thereof or on any unsecured debt; (9) cost of work which is to be performed at the expense of Declarant in connection with the construction of the initial Common Area Improvements; (10) costs related to the addition of other buildings in. an, d/or expansion of the Property subject to this Declaration; (11) repairs and other work occasioned by fire or other casualty to the extent of the net insurance proceeds received by the Association; (l v) any profit made by the Association in connection with its collections of Assessernents; and (13) any costs for which the Association has been reimbursed or receives a credit, refund or discoun4 and (14) the cost of any capital addition to the Improvements in the Common Area in excess of $l0 unless previously approved in writing, by a majority vote of 'the Owners in the Association. ..... q AM ------ MA-ITIL Eual to 0 -jL' 1� AX- KV r W W, hr V I F T-UTV, go - :the difference until the credit Lq exhausted. However, Anociations failure to provide such Cost staternent by the date provided above shall * on to L its in no way excuse Owner ftom its obfigati pay Proportionate Share of Association Expenses or constitute a waiver of Association's light to bill and cotlect such Proportionate Share of Association Expenses from Owner in accordance with this clause. Audit of Financial Records. Any Owner may, upon not less than ten (10) business days' prior written notice to the Association, inspect the Association's records for all Association Expenses incurred during the preceding calendar year at the Association's offices or at such other location reasonably designated by the Association at any time during reasonable business hours within one (1) year after the preceding assessment year. If said inspection reveals an overpayment of Association Expenses, the Association shall reimburse the Owner of each Lot for its respective Owners or agents, as it may direct) its Proportionate Share of any such overpayment within thirty ("30) days after receipt of notice of determination, and of the amount. of such overpayment within thirty (30) days after receipt of notice ol'determination, and of the amount, of such overpayment. If shall have the right to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, convey. lease, rent, encumber, and otbenNise use the Lot as the 0,.v-ner thereof 13.4 Non -Exclusive Remedy. The remedies set forth in this Agicle 13 or elsewhere in this Declaration shall not be deemed to be an exclusive remedy and the Association may pursue all other remedies available at law or equity. I , 11 11 M"I a 14.1 Morn ,- bees Richt of Inspection. The membership register, books of account and minutes of meetings of the Board and committees of the Association sha,11 be made available for inspection and copying wy any amember of the Association or by such Member's duly appointe representatives, at any reasonable time and for t J INIM, Too M111 13MI 'j, FETWITUM Y 11 15.1 Aamation Qff —Othff PraDerties. 15, 1.1 RiAt of Declarant to Ann" Qthcr Pronrhes. Declarant may, in its discretion, at any time and from time to time, and without having to obtain the consent, approval or signature of any Person or Association (other than the title holder of such additional real property), elect to bring additional real property (whether or not owned by it) within the jurisdiction of this Declaration (hereinafter "Annexed Property"), provided however, that the addition of any Annexed Property must be consistent with the general purposes and intent of the Project Documents. Declarant is not obligated in any manner by this Declaration to annex additional real property or to annex any particular tract, or to annex tracts in any particular sequence. or to annex continuous tracts, it being the intention hereof that Declarant may decline to exercise the rights granted in this Article 15 or may elect to exercise such rights only to a limited extent. No real property shall become Annexed Property or be included -within the -30- and acknowledged by the president and secretary of the Association certifying and allesting that such amendment has been approved by the vote or written consent of Owners representing more than fifty percent (50%) of the total voting power in the Association, except where a greater percentage is required by express provision in this Declaration, and such amendment shall be effective upon its recordation with the Ada County Recorder's Office. provided, however, any amendment made prior to the Class B Membership Termination Date shall not be effective without the consent of the Declarant. Any amendment to this Section 15.4.2 shall require the vote or written consent of Owners holding ninety-five percent (95%) of the voting power of the Association, and any amendment to Section 9.3 shall require the vote or written consent of all Ovxmers. 15.4.3 Effect of Amendment Any amendment of this Declaration approved in the manner specified above shall be binding on and effective as to all Owners and their respective properties .r notwithstanding. that such Owners may not have voted for or consented to such amendment. Such amendments may, subject to the restrictions set forth in Section 15.4.1. add to and increase the covenants, conditions, restrictions, obligations and easements applicable to the Property but shall not prohibit, or unreasonably interfere with the permitted uses -which existed prior td the said amendment. Tral-T, yr. prUpUR, ME Hm re-77-IfT req or upon deposit with a McOgnized Overntghtcourier service. All notices sent punuant to this Section 15.5 shalt be at the addresses listed in the Association records, as changed from time to time. 15.6 Enforcomenit an-Wai dve Npn 7,j?er. 15.6.1 Right of Enforrammt. Except as otherwise provided hereim any Owner, the Association, or: Declatant, shall have the right to enforce an or all of the y provisions hereof against any Lot within the Property and against the Owners thereof This ,"enal n, O"rr- I - - - 6 CS 4 lwfuf4hi [4IfFM!Wi%JVIIr-R4E0Y# Intentionally DelgLtA 15.6.3 Violation of Law. Any violation of any state, municipal or local law,ordinance or regulation pertaining to the ownership, occupation or use of any Lot within the Property is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth in this Declaration and any or all enforcement procedures in law and equity. not exclusive. 15.6.4 Remedies Cumulative. Each remedy provided herein is cumulative and 15.6.5 Non -Waiver. The failure to enforce any of the provisions herein at any time shall not constitute a waiver of the right to enforce any such provision. "DECLARANT" DISI MERIDIAN 184 LLC, an Idaho limited liability company By: DBSI 2006 Land Opportunity Fund LLC. an Idaho limited liability company Its Member By: DBSI Land Development LLC. an Idaho limited liability company lts.ManageT By: Name - Its: Date: > 2003 -34- ACHDCarol A. McKee, President Sherry R. Huber, 1st Vice President Dave Bivens, 2nd Vice President Corn�ul�o John S. Franden, Commissioner Rebecca W. Arnold, Commissioner November 14, 2008 TO: Metro Commercial Properties 1500 N. Priest Dr. Ste. 132 Tempe, AZ 85281 REP: DBSI Meridian 184 LLC 12426 W. Explorer Dr. Boise, ID 83714 AGENT: Tim Mokwa —Toothman-Orton Eng. Co. 9777 Chinden Blvd. Boise, ID 83714 SUBJECT: MCZC-08-106 University of Phoenix 1422 S. Tech Ln. On July 31, 2007, the Ada County Highway District acted on MPP -07-073 for Kennedy Commercial Subdivision. The conditions and requirements also apply to MCZC-08-106. • Prior to final approval you will need to submit construction plans to the ACHD Development Review Section to insure compliance with the conditions identified above and/or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. • 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, Chelsee Kucera Right -of -Way and Development Services CC: Project File 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 2. 3. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right- of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. 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. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. 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. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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. Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. z ss s ['�- • 3 .' f k +` 3 x747 �` t r r � r r a. %',Y,. ' t "`P :± 4 r''u mwk x 44 1 S wn x aY g. k 03 G fr ig Z OF �k d wrt F 14 _ n , i ,?.w Development Process Checklist ®Submit a development application to a City or to the County ®The City or the 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 transportation 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 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 a set 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 (ACRD) 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 (ACRD) 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 ACHD Construction — Permits along with: a) Traffic Control Plan b) An Erosion & 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 a Pre -Con. x;fti W ,,, Right -of -Way & Development Services Department AE& � Project/File: Kennedy Commercial Center /MPP -07-013 This is a preliminary plat application for the development of 11 commercial lots and 2 common lots. Lead Agency: City of Meridian Site address: 1250 W. Overland Rd. Staff Level Approval: July 31, 2007 Applicant: DBSI Meridian 184, LLC 12426 W. Explorer Dr., Ste 100 Boise, ID 83713 Staff Contact: Chelsee Kucera Phone: 387-6177 Email: ckuceraCaD-achd.ada.id.us Application Information: Acreage: 26.35 Current Zoning: I -L Building Lots: 11 Common Lots: 2 A. Findings of Fact Existing Conditions 1. Site Information: The site is currently vacant. INTEIR'TA E87 �.. ... ......... ___... INlER4TATF. BI ,..... lip it Ail I SITE AJ AND j s_ 1' t»DA%'e4nra IR. 1 Kennedy Commercial Center—MPP07-013 4. Description of Adiacent Surroundina Area - Direction Land Use Zoning North Single family dwelling R-4 South Single family dwelling R-1 East Office I -L West Vacant I -L 2. Existing Roadway Improvements and Right -of -Way Abutting or Near the Site: Overland Road is currently under construction as scheduled in the ACHD Design & Construction Review for 2007 from Meridian Road to Linder Road. Overland will be constructed as 5 lane principal arterial with vertical curb, gutter, and sidewalk on both sides of the roadway. The sidewalk abutting the site will be 5 -foot detached. Stoddard is scheduled to be signalized with these improvements. There is currently approximately 48 -feet of right-of-way abutting the site on Overland Road. 3. Existing Access: There is one private drive, Tech Lane, to this site from Overland Road, ACHD has previously approved its location. 4. Site History: This site was previously reviewed under MCUP01-009. Development Impacts 5. Trip Generation: 6. Impact Fees: This development is estimated to generate an additional 1,597 trips per day based on the Institute of Transportation Engineers General Manual for industrial park development. There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7. Traffic Study: A traffic impact study was not required with this application. 8. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit Overland 752 -feet Principal Arterial 14,483 west of Better than 35 MPH Road Meridian Road on "C" r , 8/22/2006 8,773 east of Linder Road on 8/22/2006 -mccepiame ievei or service Tor a Live -lane principal arterial roadway is -E" (37,000 ADT). 9. Capital Improvements Plan/Five Year Work Program Overland is currently under construction following the ACHD Five Year Work Program. 2 Kennedy Commercial Center—MPP07-013 i` �, a ,`Ps"t��, ... m,::%.�z ..Aft+�z.�`, ,� -.�C .e�s:§"�.i^e.�,�, xs"..'...^ �' r"•�; "; $. tO �` `"" t ¢, 1 t r , i` �, a ,`Ps"t��, ... m,::%.�z ..Aft+�z.�`, ,� -.�C .e�s:§"�.i^e.�,�, xs"..'...^ �' r"•�; "; B. Findings for Consideration 1. Overland Road District Right -of -Way Policy: District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of- way allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks and bike lanes. District Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. District policy 72-F4 (2) requires driveways located on arterial roadways near a stop controlled intersection to be located a minimum of 220 -feet from the intersection for a full -access driveway and a minimum of 150 -feet from the intersection for a right-in/right-out only driveway. District Driveway Policy:��` k .' District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. District Sidewalk Policy: District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Applicant Proposal: The applicant has proposed to utilize the existing private roadway intersecting Overland Road on 6 the east property line abutting Overland Road. The applicant has proposed an additional access point on the west property line. All street improvements are currently under construction and will include a five lane roadway with curb, gutter, and sidewalk. 4 Staff Comment/Recommendation: ACHD staff approves the applicants proposed access points to Overland Road. As was previously approved by the ACHD Commission, the driveway on the west property line should be made available to the adjacent property owner to facility cross -access. 2. Internal Streets: Private Roadway Policy: District policy 7205.6, other jurisdictions in Ada County establish the requirements for private I streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. Applicant Proposal: The applicant has proposed to complete construction of the previously approved private roadway Tech Lane. Staff CommentiRecommendation: 3 Kennedy Commercial Center—MPP07-013 F 3 v } a{ aq ' N � x, < r t i r iV'E'� 6i .0F ;J ' 1 't�^�y,4 •,F t _ �kX'a'(*k rta2^N., Yd j ( i ving NOW -+`��'4 . ,l ,'t # $`✓Y.w�G i� „t'a ��� a ., Yd r � � £�4•My�'�a9* ?, '^ z :. P��' 9�"i 6 t , g .•x yrF �.Ti'S � *1+}'typ -0S3`k �"4' �„ } i '4F ��r: `}'rtl Y y{ I Y x t = 1 i� } jyk " � , A k i S4 i gfi "ya' +^' : Q .Y i SS < < , 4;,} i 'J a'°<% n, "�i f^7" ACHD staff supports the proposed completion of this private roadway to give access to the proposed lots of this subdivison and supports cross access easements with the neighboring parcel to the east. The location of this private roadway has been previously approved. ACHD does not make any assurances that the private road, which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: Dedicate a minimum of 50 -feet of right-of-way for the road. Construct the roadway to the minimum ACHD requirements. Construct a stub street to the surrounding parcels. 3. District Tree Planters District's Tree Planter Width Policy prohibits all trees in planters less than 6 -feet in width. In addition to prohibiting trees in planters less than 6 -feet in width, the policy requires a minimum planter width of 6 -feet for class 11 trees with the installation of root barriers on both sides of the planter strip or a minimum planter width of 8 -feet without the installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10 -feet. 4. Other Access Overland Road is classified as a principal arterial roadway. Other than the access points specifically approved with this application direct lot access to Overland Road is prohibited and should be noted on the final plat. C. Site Specific Conditions of Approval 1. Complete the construction of the previously approved private roadway, Tech Lane, as proposed by applicant to allow access to the proposed lots for this subdivision. 2. Construct/Utilize a full access curb return type driveway located on the western property line. 3. Other than the access specifically approved with this application, direct lot access to Overland Road is prohibited and shall be noted on the final plat.. 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. 3. 4 Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Kennedy Commercial Center—MPP07-013 IF" 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. 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. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 12. 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. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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 1. 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. 5 Kennedy Commercial Center—MPP07-013 '2AN #'.�- ,>*`rss. 3s W �� '.. �x'e fi �NC��`e3S,n�,t� i .-• 1�Y �.^F �Jm ,�- P +4. } ,. `Y ,C$'s� e �: +R ^F "'"k t.-' i v 14�"^ k�'�c"i .'� AS�.��, f b % �+ i v�`�`�a �, a ^. } � � s �n„zx> : � �- �. c�'ei�'" 1� �z�:.ix � y •� t , r: � ". r _'e e'� � Y > °�'� r �� d ! r ,:iz '� r t• - z3* ✓ "" L.a;�jk�'.a�� �"`. s.'xp , , y,Y r r g U ''X wy _ i �� Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 4. Development Process Checklist Kennedy Commercial Center—MPP07-013 7 G C) 0 gill R T 00 go 1!NRp1j1, 01 8ji f 41 f f 11v 1 It I It it 'I UPS j!1 ����� � � ' e�I � I' �Q�y � � �� { � i� gjg �� p1 l�F� ���l�sa� � �q� iB�lg� � l� � �� � KENNEDY COMMERCIAL CENTER SUB. TOOTHMAN-ORTON HNGVMMING COMPANY MERIDIAN, IDAHO. ADA COUNTY OMMAING DOW% VVMM AND RAW= LANDSCAPE PLAN Kennedy Commercial Center—MPP07-013 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Kennedy Commercial Center—MPP07-013 e^4.. i t W ,ta.. x f 'i Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Kennedy Commercial Center—MPP07-013 e^4.. i t W Development Process Checklist ®Submit a development application to a City or to the County ®The City or the 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 transportation 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 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 one set 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 (ACRD) 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 ACHD Construction — Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >59 or you are placing >600 s.f. 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 Stormwater 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 a Pre -Con. 0 Kennedy Commercial Center—MPP07-013 �I� z�_Eg �y # !7 k e »t n A A� ZENCHECIMST G DEPARTME NT .EREMY HO999 R/CZC SITES PROJECT MANAGER the inside cover of the CZC file at ALL times. 9.6`]40 9.9176 Company Inc.9.6746 OFFICE7;pl��CZC 1444Layloouch Entertainment South Entertainment Aveonstcom Boise, 1083709 Boise, onstcom qQ/ /D/ CZC File No.: V 1 D Contractor/Company Name; "� t ,� i''ra�ibv� Phone No.: �124'G7l�d First7ns ectionDate: V P SacoTidbispectionDate: / (_ Third TnspecHon Data l`l ( VOTE.- If a third inspection is required, a fee of $53 must be submitted to the PBeZDept bA ire the znspectian is done) arlslscape Plan Chect�t ; litem Site Notes o o / rOr 0A, ;.1'; �rdth of buffer (exelup'e .= •de,'tached,4/w'ivrdths)':_. ' ; ,; I, ,� 2. # of trees _ 3: Calipedsize of trees (measure 6-8 inches above ouh r ;. ✓' 4. Species mix per plan: I ,. I S CTfoEtndcaver : seed9 eirminat:ofr 6. Right-of-way landscaping' 7. Verify no encroachments /V!� Dfencing, parking) S. Berming (max. 2:1 slope; :1 if lawn) 1. Verify min. 5' b/w curbs 2 Venfy mm 50 sq ft 3. Plantings per plan 1. Verify existing tree(s) retained 2. Verify mitigation tree(s) Rev. .5f25,,'05 s: IP&Z'�Brnd P&Z..ldrniniDeperrrrnertt POl1(•t@.S E. Sghttriangle(s) 1. Verify size/location 2. Verify height of shrubs F. Pressurized irrigation (verb installed) G: Stormwater area 1. Less than 3:1 slopes 2. Dry creek formation (if applicable) 3. Max. 5 ft. dimension for rock sum 4. Max. 2 ft. dimension for sand/grease grates r Site Plan Checklist O.K. ' Item Site Notes B" lfkrng - r L Standard•stall dimensions 2.Compact stall dimensions 3. Handicap stall dimensions 4. Handicap signs/striping 5. Aisle width 6; Wheelstop.4(ifrequired) 1. Min. 3 -sided screening 2. Constructed per plan D: Sdewalks'lP�thways , 1. Verify location 2. Verify minimum width E. Curbing - 1. Installed per plan F. Special conditionsdedlines 1. Verify any special conditions from CZC or redline notes on plan are complete 2 Rev. 5:25:715 :r; iPd'cZB;.arf!PcZZAdn�in�De�;arhnen[ Puiici�s Post -Inspection Checklist Item Date Complete A. Incomplete? (Follow 5 steps below) 1. Obtain bid for incomplete improvements + 110% 2. Owner/contractor posts surety (cash, check or Letter of Credit) 3. Clearly print # of days the "Temp CO" is valid on card 4. Sign "Temporary" column on CO card 5. Submit check or Letter of Credit to Finance Dept. with memo B.-C-oriiplete$ 1. Sign and date "Final" column on CO card 2. Notify Finance Dept. to release surety (if it was a Temporary CO) 2. Complete checklist and close file * The only instance that a CO may be released prior to 100% completion of improvement is inclement weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2. r Rev. 5h5i05 s: !P&ZBradsP&Z Aclnains. Denarlinenl Polis COs ARCHITECTURAL LIGHTING Product Specification STREET AND AREA LIGHTING — PFL260 A project: uminaire. 71rw d throw distributionDateurce. Fixture Type: y , WE-EF Cat. #: J Voltage: Finish: Options: Product ID. No. Lamp/ base/ Lumen gear MH400 ED- 360001m 660-1641 15.75" 26 (clear) / Mogul base / JHPF] H: 30,0 h �— 26.4" [20 jr�= 8 5 2 1 0,5 0,1 k h 0 20 40 60 00 100 120 Pole or wall bracket mounted luminaire with Type IV, forward throw distribution. Metal halide source. Suitable for the lighting of public and private promenades, and parks. Recommended mounting height 18 — 30 feet depending of lamp. Materials: Marine grade die-cast aluminium construction with 5CE superior protection including PCS hardware. PCS Clear tempered glass lens. Anodized aluminium reflector. piece, moulded, high-temperature silicone weatherproof gasket. A111111 PCS PCS coated stainless steel hardware. Electrical: Lamp holder: Mogul base lamp holder, supplied with 250 " C high temperature leads, rated 600V. Integral HPF, magnetic ballast [HPF], (ANSI M59) for 120, 208, 240, 277 or 347 volt supply. S eci voltage. MH400 ED-28 (clear) / metal halide lamp provided by others. Mounting: Luminaire requires mounting bracket to mount to wall or pole tap. Pole, pole top brackets and wall brackets must be ordered separately, as Product ID is for luminaire only. Weight: 37.0 lbs. E.P.A.:1.2 sq ft. Finish: Standard finish: Black RAL 9004, polyester powder coat with fine texture. Optional finishes: White RAL 9016, polyester powder coat with fine texture. Grey Metallic RAL 9007, polyester powder coat with fine texture. Consult factory for special RAL color options. Specify finish. Listing: UL, c UL listed for Wet locations. International Standards: IP66 dusltight/waterjet proof. Options: 697-8007 Fusing (120V/ 277V) Specify. 697-8006 Twist-lock photo cell receptacle. Photocell for NEMA base photocells. Photocell by others. 683-8262 Internal sidewards cut-off shield for Type IV reflectors. See optical accessories spec sheet. Mounting accessories: Refer to mounting accessories for PFL260 luminaire for available brackets to mount luminaire Jop to wall or pole. Specify mounting accessory. Date: 1/1/07 WE -EF LIGHTING USA, LLC Bldg. 203 Overlook Drive, Sewickley, PA 15143 [P]: (412) 749-1600 [F]: (412) 749-1670 wwwme-ef.com Due to continuous product improvement, specifications and data are subject to change. ARCHITECTURAL LIGHTING STREET AND AREA LIGHTING — Post mounted luminaire. Type III, streetlighting distribution Metal halide source. I 26.4" I 26.4" 5" J Product Specification Project: Date: Fixture Type: WE -EF Cat. #: Voltage: Finish: Options: Product ID. No. Lamp/ base/ Lumen gear 660-2641 MH400 ED- 36000 Im 26 (clear) / Mogul base / 60 bl ==� It I 0 20 40 60 00 100 120 Pole or wall bracket mounted luminaire with Type III, slreetlighting distribution. Metal halide source. Suitable for the lighting of public and private promenades, and parks. Recommended mounting height 18 — 30 feet depending of lamp. Materials: Marine grade die-cast aluminium construction with 5CE superior protection including PCS hardware. PCS Clear tempered glass lens. Anodized aluminium reflector. " One piece, moulded, high-temperature silicone weatherproof gasket. PCS coated stainless steel hardware. Electrical: Lamp holder: Mogul base ]amp holder, supplied with 250 " C high temperature leads, rated 600V. Integral HPF, magnetic ballast [HPF], (ANSI M59) for 120, 208, 240, 277 or 347 volt supply. S eci voltage. MH400 ED -28 (clear) / metal halide lamp provided by others. Mounting: Luminaire requires mounting bracket to mount to wall or pole top. Pole, pole top brackets and wall brackets must be ordered separately, as Product ID is for luminaire only. Weight: 37.0 lbs. E.P.A.A.2 sq ft. Finish: Standard finish: Black RAL 9004, polyester powder coat with fine texture. Optional finishes: White RAL 9016, polyester powder coat with fine texture. Grey Metallic RAL 9007, polyester powder coat with fine texture. Consult factory for special RAL color options. Specify finish. Listing: UL, c UL listed for Wet locations. International Standards: IP66 dusttight/ waterjet proof. Options: 697-8001 Fusing (120V/ 277V) Specify. 697-8006 Twist -lock photo cell receptacle. Photocell for NEMA base photocells. Photocell by others. 683-8261 Internal house -side shield for Type III reflectors. See optical accessories spec sheet. Mounting accessories: ®jd Refer to mounting accessories for PFL260luminaire for available brackets to mount luminaire to wall or pole. Specify mounting accessory. Date: 1/1/07 WE -EF LIGHTING USA, LLC Bldg. 203 Overlook Drive, Sewickley, PA 15143 [P]: (412) 749-1600 [F]: (412) 749-1670 www.we-ef.com Due to continuous product improvement, specifications and data are subject to change. T R 8 "1I 6 o ¢ P UNPLATIEU NW31 WE_ IQ i Bon b , 1 s=� m -----------1 — «� 6 i bore i. j - ,.„�� � ERA R II ERS j iria n b o $i o � AR! ego O uP , �sY�! m� I i m i 1 s �Q �I ---------- w mai uxs--�-"-/---Y-- -- --r====-_---_____________ n.n __ _ --- -- ;s SW25.32V +ve.ee i -'W / y➢ ^q - � ,. a , I � INbi I O s ifi” I I _.aew________�. _���'�'�_ dcwec xx.cems M.eipc.ovs a3uviaNn 'co O rY} N Ian ' Yif I Y Y o=' IN a 2d HUM A .sI �4a$s a �E € Ng jig gj 9. €gp e6€�g� pyo gig 9 s PaPM y� 9� xRgg 'O 5a qhs a. .xgHIM U��£ -r—o i U3 VldNn �' N N 4 F t 3! 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MOunraln �D TOOTHMAN-ORTON' WRST6anK ENGINEERING COMPANY 5271'5 /;(2,�1 _ CHECK, NO, , 8777 CHINDEN BOULEVARD "y BOISE, IDAHO 83714 W j aD ¢ N € m m 0 m w. ✓Z 'R''`',�, € iQQ��AAAMOU^^N(r /i Q�-+l�'� e''Fi' yVv Y I l� tyt"3 ', WT..��¢LQ 1 rF'iieY yM t j THE SUM OF FOUR HUNDRED FIFTY THREE,DOLLARSl)O/100 ONLY G74AE VER $1 000 00 PAN' City of Meridian TO THE - 1 MIR_ ORDER OF MQ z0 11■042143u■ l:L231?L955i: 604000064211' v �) m m zO r �D v mm aD W j aD ¢ N m m 0 m w. m z j • z0 z ¢ x a a v _ PO F ¢ ¢ w a W LL LL O z \ o � ly a W \ Q Y W U U (t 1 � W `y Q U Z • U IL O U w — Oz \W1 z c A 1 O V F Z w ¢ uJ a M rM � a v S6999Z I11W L160Bl1 ONVIiV3H0 00"£L L LQ0 3S108 IHANV =l0 >INVB 006 .n99hh96OT06S w'90L1OT221P .uTTOT 00.11 OIN3W NVI(MOVI 80 Allo e SHVll00 _ n:�xxxxnxxxx+xxxxxx.xxxxnnnrxxnxnxxnxxxxxxnxxnxxxnxxxxxxroxxnrxxxxnxxxxxz>xxxxxnxx.x nnNVIC31MVIACM110 30 H3OH0 3H101 AVd OL93-ZSb-2;09 L8ZS8 ZV'3dW3.L Z6 W 3AIH(I 1S31tld N 009 L L {.Q 011 `3SIO8 VHd VoIH3wv 30 5INV9 - F 0 0 0 0 z cn z O ¢ 0- ¢ —z:i d o s ¢ F- a 0z X ¢ ¢ o a W w O w z a 2 ¢ U • U _ y� w Z J CYi < z ZZ O � z C 2 • W m O m ¢m H v z LU a CF) a a Co Y W 2 m w U U ry a a • ¢ ¢ .n99hh96OT06S w'90L1OT221P .uTTOT 00.11 OIN3W NVI(MOVI 80 Allo e SHVll00 _ n:�xxxxnxxxx+xxxxxx.xxxxnnnrxxnxnxxnxxxxxxnxxnxxxnxxxxxxroxxnrxxxxnxxxxxz>xxxxxnxx.x nnNVIC31MVIACM110 30 H3OH0 3H101 AVd OL93-ZSb-2;09 L8ZS8 ZV'3dW3.L Z6 W 3AIH(I 1S31tld N 009 L L {.Q 011 `3SIO8 VHd VoIH3wv 30 5INV9 - F utF,a,ttca ,5 � Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist All applications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff N) (4) Completed & signed Administrative Review Application Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use applicable conditions of approval or Development A reeme Recorded wt deed for the sub'e (i.e)LTDCl 110, Affidavit ofal Int co pomtion, submit a co orticles orized agent.) Scaled vicinsh / ✓ SanitarySeCom to plan) A photometst repo lumens ✓ or more (seeC 11-3Co of therded IAddress vertion and d 898- 5500) Site Plan--ies (foldThe followiems mus • Daale, north = p') • Names, addresses um ers of the developer and the person and/or firm preparing the plan • Parking stalls and drive aisles ✓ • Trash enclosure(s)location • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you prove no water rights exist to subject property) ✓ • Sidewalks or pathways (proposed and existing) • Location of proposed builditt on lot (include dimensions to property lines) • Fencing (proposed and existing) • Calculations table including the following: ➢ Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Building size (sq. ft.) Lot size (sq, fl.) ➢ Setbacks ➢ Zoning district • Reduction of the site plan (8 r/2" x 11 ") Landscape plan — 3 copies (folded to 8'/2" x 11" size) Plan must have a scale no smaller than 1 " = 50' (1 " — 20' is preferred) and be on a standard Vdrawing sheet, not to exceed 36" x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscapeplan: • Date, scale, north arrow, and project name 660 E. Watertower Street, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 0 Website: www.meridincity.org -JJ ACHD Acce to ance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance ofa building permit. Ifany 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 & 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. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan Stamp/signature of a landscape architect, landscape designer, or qualified ✓ nurseryman preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lain, high groundwater areas, and rock outcroppings • 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 protected from damage during 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, signs, 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 • Sight Triangles as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, 11, or III), and comments (for spacing, staking, and installation as appropriate) • Planting and installation details as necessary to ensure conformance with all required standards ✓ • Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Number of street trees and lineal feet of street frontage ➢ Width of street buffers (exclusive of right-of-way) ➢ Width of parking lot perimeter landscape 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 being removed ✓ Reduction of the landscape plan (8 %z" x 11") ✓ Building elevations showing construction materials If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per §67-6519 53 Fee (If this project had prior approval on a site plan, reduced fees may apply) ACHD Acce to ance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance ofa building permit. Ifany 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 & 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. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. City of Meridian Planning Department Fee Schedule Effective April 1, 2008 Permit/Decision Fee (S) Accessory use for daycare or home occupation 160 Additional hearing (post reconsideration) 692 Alternative compliance 160 Annexation, staff prepared consensual 2,086 Annexation/rezone 1,826 Annexation/rezone w/out concurrent application 2,092 Certificate of zoning compliance 453 Certificate of zoning compliance w/prior approval 187 City council review (appeal) 692 Comprehensive plan map amendment 2,409 Comprehensive plan text amendment 1,431 Conditional use (or Commission level modification) 1,369 Conditional use modification 378 Director determination 213 Design review 173 Development agreement 303 Development aeement modification 502 Inspections, additional 53 Miscellaneous hearing item 937 Planned unit development 2,251 Planned unit development, per exception fee 107 Plat, combination 2,189 Plat, final 1,242 Plat, final per lot P&Z and PW fee 36 Plat, final, modification to condition 541 Plat, preliminary 2,264 Plat, preliminary per lot P&Z and PW fee 24 Plat, short 868 Private road 198 Property boundary adjustment 365 Sin 53 Sign, planned sin program 67 Sign, temporary 27 Surety fee 133 Temporary use 133 Time extension, Commission or Council 493 Time extension, Director 133 Unified development code amendment 1,723 Vacations (including recorded plat notes) 589 Variance 1,056 Zoning verification letter 53 (�E IDIAN�- Planning Department DESIGN REVIEW ■ Application Checklist Projectname: 1/y]�✓t l'1,11 lc Concurrent File#: Ap licamha ent: /i4 6 All applications are required to contain one copy of the following: Applicant M Description Staff (�) / Completed and signed Administrative Review Application (/ (If also submitting a concurrent application for Conditional Use Permit, design review will be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Design Review box on Commission & Council Review Application and submit the information below.) Provide in a narrative letter, how the proposal meets the following standards: 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, mot line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of 30% of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or mom roof planes; d) varying parapet heights; and e) cornices. it. Pattern variations: At least two changes in one (or a combination) of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground -level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco -like synthetic materials. Smooth -faced concrete block, tilt -up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than 70% of the off-street parking area for the structure shall be located between the front fagade of the structure and abutting streets, unless the principal building(s) and/or parking islare screened from view by other structures, landscaping and/or hems. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet in width, shall be provided for any aisle length that is greater than 150 parking spaces or 200 feel away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within 20 feet of all customer entrances. A complete set of scaled building elevations, with building materials, colors and textures specified Reductions of the elevations (8 %z" x 11") Fee All requests for design review approval must meet the procedures set forth in UDC 11-5 and the criteria set forth in UDC 11-3A- 19 or the document "Downtown Meridian Design Guidelines", as applicable. APPLICATIONS WILL NOT BEACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 414108)