Conglomerate Bldg C CZC 06-027RECEIVEP
CITY OF
FEB 2 & 2006
UTY OF MERDArl
IDAHO
CERTIFICATE OF ZONING COMPLIANCE*
Date: Februgg 27. 2006
Project Name/Number: Congo rate Building C — CZC-06-027
Owner: Afton Pacific (AP — Eagle View
), LLC
Site Address: Eagle I ad (future Lot 3 Sh�ortPla�t.
--__,Block I �Con �Iomer�ate
Proposed Use: 11,000 square -foot multi -t
Zoning: C -Q
Comments: urr ty ridian dinan
Conditions pf AWroval- Project is subject to all c ent Ci of Me or ces and the Conglomerate
Subdivision Short Plat. The issuance of this permit does not release the applicant from any Previous requirements
of the other permits issued for this site. L- 1, is
Landscgping: The Landscape Plan prepared by Pinnacle Engineers, Inc., on February 2006, labeled Sheet
approved (stamped "Approved" on February 27, 2006 by the Meridian Planning Department) with no changes.
The approved landscape plan is not to be altered without prior written approval of the Planning DepaAment. No
field changes to landscape plan permitW; prior written approval of all material changes is required.
Site Plan: The Site Plan prepared by BRS Architects on February 2006, labeled Sheet SD -1, is approved
(stamped "Approve&' on February 27, 2006 by the Meridian Planning Department) with the following change
(see redline changes on plan): 1) Table 11-3C-1, requires 90 -degree parking stalls to be 19 -feet long. UDC
11 -3C -5B4 states that when a bumper overhangs onto a sidewalk or landscape area, the parking stall
dimension may be reduced two feet in length if two . feet is added to the width of the sidewalk or
landscaped area. UDC 11 -3A -17A requires all sidewalks to be at least 5 -feet wide. UDC 11-3B-8C2a
requires all landscape planters to contain a minimum of 50 feet and not be less than 5 feet in any
dimension, measured inside curbs. All of the pro osed parldfig on the east and, north side of the building
P
the 17 -foot long parking staffs, the sidewalk on the south sideof the
are proposed 17 -feet long. To allow I sed v 2 -feet (to be at
buildin2, nd the planter island between Building A and Building C, sh 11 be increased b
irkin stalls to prevent the vehicles from
least 7 -feet wide) 0% you may Place wheel stops in the subied pi =�
encroachina into the si Jewalks and landscape areas. Except for this change, the approved site plan is not to
be altered without prior written approval of the Planning Department.
Elevations: The Elevations prepared by BRS Architects on February 2006, labeled EE -2 is approved with no
changes from the Planning Department. all landscape areas per the
Irrigation: An underground, pressurized irrigation system must be installed to
approved specifications and in accordance with UDC I 1-3A- 15.
Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the
Tree Preservation section of the City's Landscape Ordinance. Per UDC 11 -313- 10, coordinate with the Parks
Department Arborist (Elroy Huff, 8 8 8 -3 5 79) for approval of protection/relocation measures for the existing trees
prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11-313-10-C.5.
Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project
engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans
with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed
appropriately.
Curb : Per UDC 11-313-51, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas,
must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for
storm water runoff.
Sidewalks: All sidewalks shall be constructed in accordance with I 1-3A- 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 LTDC 11-3B-11 andUDC 11-3A-18.
FqnpLmg: Any required or proposed fencing shall be installed with current fencing standards as defined 'in UDC
11-3A-7.
Li : 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 -31).
Trash Enclosure: All dumpster(s) must be screened in accordance with UDC- I 1-3A- 12. Trash enclosures must
be built in the location and to the size approved by SSC.
Handiggp-Accessib : The structure, site improvements and parking areas must be in compliance with all
federal handicap -accessibility requirements.
ACHD Acgetance: 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 O�:.gu� : All required improvements must be complete prior to obtaining a Certificate of
Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or
qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler
installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount
of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary
Occupancy -
Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped
"Approved" on February 27, 2006, and Elevations, and are not to be altered without prior written approval ofthe
Planning Department. No significant field changes to the site or landsc lans are permitted; prior written
approval of all changes is required- n a 1 7
C. Caleb
Manager
*This letter does not indicate compliance with reqinrernents of other departments/agencies, mcluding, but not lunited 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 began.
'A
of Review
aH that
• Accessory Use
• Alternative Compliance
XCertificate of Zoning Compliance
• Conditional Use Permit Minor Modification
• Design Review
• Property Boundary Adjustment
• Short Plat
• Temporary Use Certificate of Zoning Compliance
• Time Extension (Director)
0 Vacation
0 Other
Information
Applicant name: -
Applicant address:
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
STAFF USE ONLY:
Filenumber(s): Q7_C—QG-0_-7
Project name:
Date filed: Date complete: 2-7— _b-0
Assigned Planner: C 0,
Related fileg: Coi\ojo 5kdef-
t
V " ". I WTV-, I T_F k "I M�_
Applicant's interest in property: )(Own 0 Rent 0 Optioned 0 Other
Phone: (AVS -%- W
Zip: Ubch
Owner name: tom— Phone:
Owner address:
Agent narne (e.g.. architect. engineer, developer, representative): _Arck�ft*
Firm nair
Address:
Primary contact is: 0 Applicant 0 Owner KAgent 0 Other
Contact name:
E-mail:
Zip:
Phone: 5 D_&ML
Zip: — 6*5701 —
Phone: (A -mo
Fax: WA - M fxb
Subject Property Information
Location/street address:
Assessor's parcel number(s): *TIM Total acreage:
Township, range, section: Current zoning district: ca- 6k
Current land use:
660 E. Watertower Lane, Suite 202 * Meridian, Idaho 83642
Phone: (208) 884-5533 e Facsimile: (208) 1 888-6854 & Website: www.meridiancity.OTR
Project Description
Project/subdivision name:
General description of proposed project/request: -10
Proposed zoning district(s): __U_ -
Acres of each zone proposed: -A
Type of use proposed (check all that apply):
D Residential )(Commercial 0 Office 0 Industrial 0 Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within? gAa
Secondary: WA
Primary irrigation source: � water): V_ 0531 -
Square footage of landscaped areas to be irrigated (ifprimary or secondary point ofconnection is City
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi -family developments only):
I Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/aCTC-total land):
Percentage of open space provided:
Percentage of useable open space:
2 or more Bedrooms:
Proposed building height: —
Average property size (s.f.): —
Net density (DU/acre-excluding roads & alleys): _
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: 0 Single-family 0 Townhomes 0 Duplexes 0 Multi-familY
Non-residential Project Summary (if applicable)
Number of building lots:- Other lots: I
Gross floor area proposed: Existing (if applicable):—WA-
Building height:
Hours of operation (days and hours): "TIM
Percentage of site/project devoted to the following: IFW�Ut ?44� Paving:
Landscaping: _ I N. A — Building: tea.$ e time: IT 20b
Total number of employees: I Maximum number of employees at any on
Number and ages of students/children (if applicable): N.A. Seating capacity: 1A/A
Total number of parking spaces provided: INb Number of compact spaces provided: _'d—
Authorization
Print applicant name: Date:
Applicant signature: — I
660 E. Watertower Lane, Suite 202 * Meridian, Idaho 83642
Phone: (208) 884-5533 e Facsimile: (208) 888-6854 9 Website: www.m ridianci[y.or.Z
2
a lagi
ARCHITECTS
BRS Architects, A.I.A.
1010 S. Allante Place, Suite 100
Boise, Idaho 83709
Telephone 208 336-8370
Fax 208 336-8380
www.brsarchitects.com
city
Plan
660
f Meridian
Pg Department
tertower Lane, Suite 202
, nAf)
Men an, Idaho 83
Re-, fit ertificate of Zoning Compliance. for two shell buildings at Conglomerate
Sul1jivision'
T Whom It May Concern:
S Architects, on behalf of Afto,n-Pacific, LLC is requesting a Certificate of
ni I ng I Compliance for two shell buildings totaling 17,797 square feet on two of
'he three lots of Conglomerate Subdivision.
u
0
n
(he
he site design allows for easy a ccess through the site and 1:09 total parking
riented to place some of the parking behind
paces. The buildings have been o
he buildings and to add interest from the street. The East building '13' will have a
drive-thru lane that wraps around to the South and exits along the East side,
which is in excess of 300' from the existing drive-thru across Magic View, Drive.
Trash enclosures have been placed throughout the development to allow for
ease of use and pickup.
The building will be co I ristructed with a stud framed exterior wall receiving a
variety of finish materials. The base of the building will have brick, veneer with
stucco above in two different colors and both painted steel and fabric awnings
over -the, windows and entrances. All mechanical equipment will be screened by
the building parapet.
I trust that th I is will meet with the City's approval and that a positive response to
this application will result, but should you have any questions please do not
hesitate to call.
Date: 14 February 2006
Sincerely,
Andrew Davis
BRS Architects
E. M A G I C V I E W D R I V E
NORTH
SITE PLAN
4p— SCALE: 1' = 7,{1'
SITE AND BUILDING DATA
SITE LOCATION: CONGLOMERATE SUBDMSION, SOUT4WEST
CORNER OF EAGLE AND MAGIC NEW
SITE SIZE: 111,563 SF TOTAL
PAD 'X: 38,640 SF
PAD'S': 31,939 SF
PAD C: 43,924 SF
SITE ZONE: C -G
BUILDING SIZE: 17,797 SF TOTAL
PAD W: 6 645 SF
PAD'S': T�I1
PAD V: 11,152 SF
PARKING REQUIRED: 17,797 0 1 SPAN PER 500 SF . 36 SPACES
PARKING PROVIDED: 109 TOTAL
STANDARD SPACES: I
HANDICAP SPACES: 4
COMPACT SPACES:0
BUILDING SETBACKS:
PAD'A':
NORTH: 41'-1'
EAST: BC -3"
SOUTH: 3Y -S.
WEST: 30'-8'
PAD'S': TO BE DETERMINED
PAD 'C:
NORTH: 76 -
EAST: 39-P
SOUTH: 10'-T
WEST: r -r
VICINITY MAP
CONTACTS
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TREE PLANTING DETAIL
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LANDSCAPE PLAN
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PLANT SCHEDUI E
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I LANDSCAPE NOTES I I
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NO,Es (12') N PARTER SEES.
AN, D.— NERO— 1D SET VNIERING I.( AND AND IROWK
PREC NDNs— STENON TENDED.
TIRE B FOR GORE— - PROEENTATER WERES:
AT AIR A —1
SUg_NO:.=
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RE—E IR— OWNER OR OWNEIFS REPRES NTAK, 1- 10 EAEE — 'K W- I OF PROPOSED TWEES 81
BID— ... — APPl— BF 1. CITY O� AEIEDAN.
ADDITIONAL TREE NOTES
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R,N,ES — BE Pw D RR- .- .1 — — Is') — IRE —.N.
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TREE PROTECTION NOTES
1. DEBVING TBEES THAT IRE TO KNAN "LL BE PANMCTED BEFORE AWF DERORMON sOFEE M THE WE BEQNS
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,flojgp IDAII() 83709
TEii9fCh�j7.093368370
FAX 20g 336 9390
IF
W-42mca"ftw
From-. Andrew Davis
Datet February 14,2006
Atin; Plan reviewer
To: Sanitary Service COMPBny
# pages 4 Incl. oover FaX 888-5052
V Job o5179
Re: agle and Magic Mew
0 As Requested
0 For YOuT Use X For Revi X please ComInept
is commeitits; ling Compliance wKb the Cidy Of
I am prepadng to submit for a Certificate of Zor gn. Thank you, and please call
Meridian and need your approval of my trash enclosure desi
if you have any questions,
SANITARY SERV'CE COMPANY
Wrcgf������
COMMENTS:
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Recording Requested By and
When Recorded Return to: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 9.00 3
A05 04:38 PM
Brian L. Ballard BOISE IDAHO IV
Hawley Troxell Ennis & Hawley LLP DEPUTY Bonnie Oberbillig
RECORDED -REQUEST OF 105199652
P.O. Box 1617 First American
Boise, ID 83701
/V C -s. - / 17,,> &L SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
SPECIAL WARRANTY DEED
THIS INDENTURE is made this W*day of 2005, between JACKSONS
FOOD STORES, INC., a Nevada corporation, the "Grantor" and -AP -w- Eagle Vie,w LLG a
Delaware limited liability company, the "Grantee" whose mailing address is 206 Souih Palm
Avenue, Alhambra, California 91801.
WITNESSETH:
For valuable consideration Grantor does hereby sell, transfer and convey to Grantee the
following described real property situate in the County of Ad . a, State of Idaho, to wit:.
"Described on attached EXHIBIT A."
Subject to th . a restriction that no part of the above-described property shall be used for
the retail sales of gasoline, motor fuel andfor other non -packaged petroleum products; and/or
the operation of a smoke shop, a car wash or a convenience store (which is herein defined as a
self-contained area or building primarily devoted to the sale of any or all of the following items
on a quick, self service or convenience basis: foods, beverages, grocery items, petroleum
products, tobacco and/or car washes, as such convenience stores may be operated from time
to time). Notwithstanding the foregoing, this restriction shall specifically not apply to the
following uses: drug store and/or pharmacy, specialty grocery stores (such as, by way of
example, Trader Joe's, Wild Oats or Whole Foods) and fast food restaurants of any kind. This
restriction shall be a burden upon the above-described property, shall run with the land, and
shall be for the benefit of Grantor, and Grantor's successors, assigns and affiliates, and for the
benefit of and appurtenant to each and every part of the properties within a three (3) mile radius
of the above-described property now owned or leased or hereinafter owned or leased by
Grantor, its successors, assigns and affiliates. For purposes of the preceding sentence,
,.affiliates" shall mean a branch, diviision, parent or subsidiary of Grantor, its successors or
assigns, or any company in which Grantor, its successors or assigns own (directly or indirectly)
five percent (5%) or more of the voting stock or interest or which is a company that owns
(directly or indirectly) five percent (5%) or more of the voting stock or interest of Grantor, its
successors or assigns. if at any time Grantor, its successors, assigns and affiliates, no longer
owns or leases, directly or indirectly, any property within a three (3) mile radius of the above-
described property, then this restriction shall thereupon be void and of no further force or effect.
If in any judicial proceeding a court shall hold that the scope or area restrictions stated in this
restdction is unreasonable under circumstances then existing, the parties, and their respective
- 1 -
06289.DO49.848767.1
I
successors, assigns and affiliates, agree that the maximum allowable scope or area reasonable
under the circumstances shall be substituted for the scope or area stated in this restriction.
TOGETHER WITH the tenements, hereditaments and appurtenances thereunto
belonging or in anywise appertaining (collectively the "Premises").
TO HAVE AND TO HOLD said Premises unto Grantee, its successors and assigns
forever.
Grantor hereby covenants with Grantee that the Premises are free from all
encumbrances made by Grantor and that it will warrant and defend said Premises against the
lawful claims of all persons claiming by, through or under Grantor; subject to reservations or
restrictions in federal patents or state deeds or in laws providing for such patents or deeds, to all
easements or other matter of record or appearing from an accurate survey and examination of
the Premises and to the rights of all persons in possession, if any.
IN WITNESS WHEREOF, this Special Warranty Deed has been duly executed by
Grantor as of the day and year herein first above written.
JACKSONS FOOD STORES, INC., a Nevada
corporation
By:<�—'
Nam e*':
Its:
STATE OF IDAHO )
)ss.
County of Ada
On this,4gV1;rAay of �005, before�ne, the undersignedy a Notary Pu blic in
and for said StMey, —Personalli�apper;d mat& Of
known or identified to me to be the n -Tfh at
JACKSONS FOOD STORES, INC., the, executed the within instrument or the
person who executed the instrument on behalf of said corporation, and acknowledged to me
that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto
day and year in this certificate first above written,, -
S
q
% V6 4D
,PA. - 4. L V t
0ing at
commissio�
-2-
and affixed my official seal the
00 two -V 1W
o6289.0049.80767.1
EXHIBIT A
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF LOT 11 OF "AMENDED MAGIC VIEW SUBDIVISION"
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4445 AND 4446,
AMENDED BY AN AFFIDAVIT RECORDED JUNE 13, 1984 AS INSTRUMENT NO. 8429311, RECORDS OF
ADA COUNTY, IDAHO AND BEING SITUATED IN A PORTION OF THE EAST 1/4 OF SECTION 17,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE LOT LINE COMMON TO LOTS'll AND 12 OF "AMENDED MAGIC VIEW
SUBDIVISION" AS SHOWN ON THE PLAT THEREOF, FROM WHICH A 5/8 INCH IRON ROD MARKING THE
INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF S. ALLEN ST. AND SAID LOT LINE BEARS
S89037'02"W A DISTANCE OF 209.49 FEET; THENCE ALONG A LINE 209.49 FEET DISTANT SAID EAST
RIGHT-OF-WAY OF S. ALLEN ST., WHEN MEASURED PERPENDICULAR THERETO, NOO-22'58"W A
DISTANCE OF 306.35 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MAGIC VIEW DR.;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MAGIC VIEW DR., 30.00 FEET DISTANT THE
CENTERLINE THEREOF, WHEN MEASURED PERPENDICULAR THERETO, N89037'02"E A DISTANCE OF
362.54 FEET TO A POINT; THENCE S44 -44'07"E A DISTANCE OF 20.97 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF EAGLE ROAD AND A POINT OF CUSP; THENCE ALONG SAID WEST RIGHT-OF-
WAY LINE OF EAGLE ROAD, 70.00 FEET DISTANT THE CENTERLINE THEREOF, WHEN MEASURED
PERPENDICULAR THERETO, AND THE ARC OF A 5799.58 FOOT RADIUS CURVE TO THE LEFT HAVING A
LENGTH OF 159.55 FEET, A CENTRAL ANGLE OF 103,V34" AND A LONG CHORD OF 159.54 FEET
BEARING S00003'20"W TO A POINT FROM WHICH THE CENTER OF AN IDAHO TRANSPORTATION
RIGHT-OF-WAY BRASS CAP MONUMENT BEARS N71037'29'W A DISTANCE OF 0.39 FEET; THENCE
S89051'45"W A DISTANCE OF 5.00 FEET TO AN IDAHO TRANSPORTATION RIGHT-OF-WAY BRASS CAP
MONUMENT; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, 75.00 FEET DISTANT THE CENTERLINE
OF SAID EAGLE ROAD, WHEN MEASURED PERPENDICULAR THERETO, S0004,VlO"E A DISTANCE OF
131.85 FEET TO A POINT ON SAID LOT LINE COMMON TO AFOREMENTIONED LOTS 11 AND 12;
THENCE LEAVING SAID WEST RIGHT-OF-WAY OF EAGLE ROAD AND ALONG SAID LOT LINE
S89037'02"W A DISTANCE OF 371.79 FEET TO THE POINT OF BEGINNING.
AFFIDAVIT OF LEGAL INTEREST
STATE OF B)2�
COUNTY OF AA)A
L.P-1- A&w_4e_ 1�s
A-L�\
d4evJ,, L'L16— ?4-(YVL
(name) (address)
being first duly sworn upon
oath, depose and say:
(city) (state)
That I am the record owner of the property described on the attached, and I grant
my permission to: t
;C -x
J� 4100
A Ve-
PA-,Jt -5 &,;� _70�
(name) (address)
to submit the accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is the
subject of the application.
I,-- , 1_1� U14,�
Dated this day of re- 20
(Sig e)
SUBSCRIBED AND SWORN to before me the day and year first above written.
N Public for klakr(�� �z f�ro
JULIE SMITH - Residing at ;��7,5hVW91-Xl� DX
Comm. 11361127 In 5&; 1h4e4A_V I Cq% "olu'r
OTARY PUBLIC -CALIFORNIA '-' _<.4
Los Angelis COUMV A my Comrilission Expires: 60-15,
Comm. Expires June 15-2006
1.01; 1 erin ol'Conipaw,
The term ofthe Company shall conlillerice on tile later to occur ofthe date that tile
Certificate ofFormation for the Company is filed with the ()fficc ofOle Delaware Secrewry of
Stale or tile (late upon which this Agreement Is fully executed and delivered bY all of tile s to
.%Menibers hereto and shall continue until December 3 1. 2050, unless dissolved sooner pUr. uant
Article VII or unless extended by the Managing Mcniber and a Ma�lority-in-lnterest Ofthe
Investor Members. The existence ofthe Company as a separate legal entity shall Continue until
tile cancellation Ofthe Company's Certificate ofFortilation.
ARTICLE 11
COMPANY
rs of -the Managing NRe
1,()�% L
Except as set forth in Section 2.02 below or elsewhere in this Agreet en t e 'vlana(yino
member .1 shall have the Full and complete charge ofall affairs ofthe Cornpany.. and tile
management and control ofthe Company's business shall rest exclusiveiv With the Managing
Member. All conveyances offitle to CollipartY property or any interes . I thcrein. all loan
C nts, leases. agreellIC11B,
documents, tes. deeds of trust, purchase and 4ile agreeme
, promissorN no
contracts and any and all other matters and documents affecting, or relating to the bUSiness and
t7
e Company's behalt-by the Managing Member
affairs of the Company may be executed on th
alone and N\..itl,,(.)ut execution by any Investor Member (provided that any consent of tile investor
Members required pursuant to Section 2.02 below or elsewhere in this Agreement, ifally, has
The Managing Member shall devote such time to the Company as the Manaoing
been obtained). L_ -_
Member determines, ill such Member's sole and absolute discretion, is necessary kir the efficient
operation ol'the company's business. Nothing contained herein shall prevent the Managing
Member or any ot'such Member's employees. agents, representatives or Affiliates from devoting
time to other businesses. whether or not similar in nature to tile business of tile COnlPa V-
2.02 Major Decisions
Notwithstanding the provisions (,)fSection 2.01. the Investor Members shall have the
right to vote oil the 11ollowing matters and on1v the following matters (collectiveiv, tile "Major
Decisions") and the Managing Member may lot cause tile Company to undertake any Major
Decision xv ithout the consent of the Investor Members in the manner described below in this
Section 2.02:
(a) Sale, Refinance or Other Transtler or tile ProJect. Except as provided ill
Section 8.() 1, tile s�,Ilc, exchange. transfer or other disposition ofall or any portion ofthe
Proiect. (,I- the rcfinancin�,_, Ofthc Pro
_Iect*
(h) Construction Term Sheet. ifthe Construction Loan provides f'or
(I,) zin initial interest rate ofureater than eight percent (8`110 (before any applicable
ad LIS11TICIAS to tile Same). (ii) a l0an to cost percentage or IeSs thall sevelm -five percent
Iltage oforeater than ciI,htN percent OW,' ). tile" t I
()r (iii) a Joan to cost perce zn t, ,
approval ofany terM Sheet for tile Construction Loan;
M Development Plan. The approval ol-the initial Development Plan. which
-hall include a Development BUdget- Lind any niaterial amendments thereto,
(d) 15.000, The approval ol'any expenditure in
excess of I Twenty -Five Thousand Dollars $'25.000) which is not provided ill the
L)evelopment Budget.
(e) Leases. The a proval ot'any leases for icasing tile Project.
p
(1) Amendments to Agreement. Any amendment or niodi !'ication ofthl.s
Agreement (exclusive of any amendment necessary to reflect the admission ora
permitted transi'Me as a member of* the Company in accordance with Article VI):
(g) Frigaging in Other Busines_�. The engag.cment by the Company in any
business or activity outside the scope ofthe Company's business set fbi-th in Section 1 �03-1
(h) Extension ofTerm. 'File extension of the terni ofthe ConlPanY:
0) DiSSOILItiOn. Fxcept a% provided in Section 7.01, the diSSCIlLiti011 or
liquidation ofthe Company; and
(j) Q�thcr Nj�atters. Any other matter requiring the approval of -one (1) or more
of the Investor Members Linder the terms ofthis Agreement,
All of tile foregoino 'Major Decisions shall require the affirmative vote of the Managing
N,lember and a Majority-in"Interest of tile Investor Nlembers. except for the matter referenced in
Section 2.02(j), which shall require tile affirniative vote ofone (1) or more of the Investor
Members in the mannerset forth in this Agreement. Whenever the Managin"! Mcillber desires to
take any proposed action �vhicli requires the prior approval of one (I ) or more ot'the Inve'stor
Members in accordance with tile provisions of this Section 2.02, the Managing Member shall
give written notice to the Investor Members describing such action ill sufficient detail so as to
enable cacti Investor Member to exercise an informed judgment with respect thereto. As soorl as
practicable therealler, cacti Investor Member shall give tile Pvlana-ing 'i'viember written notice
that Such Investor Member either approves or disapproves oftlic proposed transaction (which
shall set forth such Investor Member's reasons thereotif such Investor N-lember elects to
disapprove Of Such proposed transaction), In the event that any Investor 1110ember fails to respond
(as provided liercin) oil or before the tenth ( 101") day flollowing tile ellective date of'such written
notice. then such Investor Member shall be conclusively presunied to have approved Such
proposed transaction.
2.03 I�c�,
.,t IcCjoL��uld L Limitations oil tile Investor Members
The Investor N'lenibcrs shall have no right. power or authoritv to act for or bind the
Company. Except as otherwise provided in Section 2.02 above, tile Investor Members shall take
no part in the conduct or control of the company's business. In Furtherance of tile lbregoing
provisions of till', Section 2.03. and except as ot . herwise provided In Section 2.02 above. each
C. lay have
Imestor Member hereb\ expressly any and all ri"IltS Such InvcswT Member n
-4-
AOow,lt kD1
11.60 1�rc�a, �ljry R�ef_ltllatioll
The term rreasuiry Regulation" mearis any proposed, temporary- and/or final 1'edcral
income tax reLlUlation promulgated by the United States Department ofthe Treasury as
heretol'ore and hereafter airiended from tirne to time (and/or ziny cort-cspondim, provisions of an,,,
superseding revenue law and/or regulation).
11.61 Unrecovered Contribution Account
The let -III "Unrecovered Contribution Account" incans will) respect t(.) each Investor
Nicmbei% the amount ofilloney Contributed by such Nlernber to the capital of tile (.,ollipariv and
credited to Such aCCOUnt pursuant to Sections 3.01 . and decreased by tile aniount of 11,011cY
distributed by the Company to Such Member pursuant to Section 5.02(b) and the aggregate iair
market value (as determined in tile sole arid absolute discretion of tile !vjanaging NvIernber) ofariv
t7 t7
property distributed to such klernber by the Company (net of liabilities secured by such
distributed property that such Member is considered to assunle or take SUb.iCCI to under Code
Section 752) pursuant to Section 5.02(b).
IN WITNIESS WHEREOF, the parties hereto have executed this Agreement eff'ective all
t7
oftlic day arid year first above written.
"Managing Member" AFTON PACIFIC� LLC,
a Delaware limited liability company
Bv: pacWc-st Properties, IA,C,
a Delaware limited liability company
its: Member
Bv:
Jo n A, Krappman
its: Sole Mcmber
BN: Afton Financial Group LAX.
Li Nevada limited liability C0,11PI]IN
its: Member
BY:
Steve Boss
Its: Manaping Member
NV�ccmnl RD I _14-
AFTEDAVIT OF LEGAL INTEREST
C*-,FeV-W1A
STATE OF 10*if
COUNTY OF ArRA
L.p,r
, m4e-1-5.
,20( - 1+0\
z, ?&(yvv AA)e-
(name) (address)
being first duly sworn upon
oath, depose and say:
(city) (state)
I . That I am the record owner of the property described on the attached, and I grant
my permission to:
A
-701
(name) (address)
to submit the accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is the
subject of the application.
Dated this day of 20
(Sig e)
SUBSCRIBED AND SWORN to before me the day and year first above written.
N Publi�c �fojr W01W 6A, It C -
JULIE Residing at 2;�75 DX -1
Comm. # 1361127 m4eww I?,*' a
'M
140TARY PUBUC - CALIFORN'A
2006 My Commission Expires: (P-6-51KO
M, C....
J
A parcel of land being a portion of Lot 11 of "Amended Magic View Subdivision"
according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446,
Amended by an Affidavit recorded June 13, 1984 as Instrument No. 8429311, records of
Ada County, Idaho and being situated in a portion of the East 1/4 of Section 17,
Township 3 North, Range I East, Boise Meridian, Ada County, Idaho and more
particularly described as follows:
BEGINNING at a point on the lot line common to lots I I and 12 of "Amended Magic
View Subdivision" as shown on the plat thereof, from which a 5/8 inch iron rod marking
the intersection of the East right-of-way line of S. Allen St. and said lot line bears
S89*37'02'V a distance of 209.49 feet; thence along a line 209.49 feet distant said East
right-of-way of S. Allen St., when measured perpendicular thereto, NOO'22'58"W a
distance of 306.35 feet to a point on the South right-of-way line of Magic View Dr.;
thence along said South right-of-way line of Magic View Dr., 30.00 feet distant the
centerline thereof, when measured perpendicular thereto, N89'37'02"E a distance of
362.54 feet to a point; thence S44'44'07"E a distance of 20.97 feet to a point on the West
right-of-way line of Eagle Road and a point of cusp; thence along said West right-of-way
line of Eagle Road, 70.00 feet distant the centerline thereof, when measured
perpendicular thereto, and the arc of a 5799.58 foot radius curve to the left having a
length of 159.55 feet, a central angle of 1'34'34" and a long chord of 159.54 feet bearing
SOO'03'20"W to a point from which the center of an Idaho Transportation Right -of -Way
brass cap monument bears N71'37'29"W a distance of 0.39 feet; thence S89'51'45"W a
distance of 5.00 feet to an Idaho Transportation Right -of -Way brass cap monument;
thence along said West right-of-way line, 75.00 feet distant the centerline of said Eagle
Road, when measured perpendicular thereto, SOO'44'10"E a distance of 131.85 feet to a
point on said lot line common to aforementioned lots I I and 12; thence leaving said West
right-of-way of Eagle Road and along said lot line S89037'02"W a distance of 371.79 feet
to the POINT OF BEGINNING.
Said parcel contains 114,525 sq. ft. or 2.63 acres more or less and is subject to any and all
easements and/or rights -of -ways of record or implied.
P,
C056259 Lots I thru 3 Legal.doc
k,
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
I
Project name: AAw-%LASic— LU,//oV1a�01XUCL4— lFile #:
Applicant/agent: I U
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
0 ,
Description
Staff
0
Completed & signed Administrative Review Application
Narrative fully describing the proposed use of the property, including the following:
V/
> Information on any previous approvals or requirements for the requested use
(i.e., applicable conditions of approval or Development Agreement)
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation,
V1
submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent.)
Scaled vicinity map showing the location of the subject property
Sanitary Service Company approval for trash enclosure & access drive (stamped site plan)
A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens
or more (se UDC 11-3A-1 1)
Site Plan -4 copies (folded to 8 1/2" x I P size)
The following items mu�t be shown on the site plan:
0 Date, scale, north arrow, and project name (scale not less than 1 "=50')
V/
& Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
0 Parking stalls and drive aisles
0 Trash enclosure(s) location
0 Detail of trash enclosure (must be screened on 3 sides)
0 Location and specifications for underground irrigation (Pressurized irrigation can only be
waived if you prove no water rights exist to subject property)
7
o Sidewalks or pathways (proposed and existing)
V1,
0 Location of proposed building on lot (include dimensions to property lines)
0 Fencing (proposed and existing)
0 Calculations table including the following:
> Number of parking stalls required & provided (specify handicap & compact stalls)
> Building size (sq. ft.)
> Lot size (sq. ft.)
);� Setbacks
> Zoning district
Reduction of the site plan (8 1/2" x I P)
Landscape plan — 3 copies (folded to 8 1/2" x 11 " size)
Plan must have a scale no smaller than I " = 50'(1 " = 20'ispreferred) and be on a standard
drawing sheet, not to exceed 36" x 48" (24 " x 36 "is preferred). .4 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 landscape plan:
0 Date, scale, north arrow, and project name
9 Names, addresses, and telephone numbers of the developer and th e person and�/o�r�
firm preparing the plan .
660 E. Watertower Lane, Suite 202 * Meridian, Idaho 83642
Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 * Website: www.rneridiancity.or.g
M Jt
n1f i
ACHDAccCptanc :Applicant shall be responsiblefor meeting the requirements ofAC8D as theypertain to this
application. All impactfees, if any, shall bepaidprior to the issuance ofa buildingpermit. Ifany changes must be
madeto the siteplan to accommodate theACHD requirements, a newsiteplan shall besubmitted to the City of
Meridian Planning & Zoning Departmentfor approvalprior to the issuance ofa buildingpermit.
Your buildingpermit willnot be issued untilAC8D has approvedyourplans andallassociatedfees have beenpaid.
THISAPPLICATION SHALL NOTBE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQ UIRED INFORMA TION,
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
floodplains, 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). Scaleshownfor
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 (1, 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 1/2" x I I")
Building elevations showing construction materials
Fee (If this project had prior approval on a site plan, reduced fees may apply)
ACHDAccCptanc :Applicant shall be responsiblefor meeting the requirements ofAC8D as theypertain to this
application. All impactfees, if any, shall bepaidprior to the issuance ofa buildingpermit. Ifany changes must be
madeto the siteplan to accommodate theACHD requirements, a newsiteplan shall besubmitted to the City of
Meridian Planning & Zoning Departmentfor approvalprior to the issuance ofa buildingpermit.
Your buildingpermit willnot be issued untilAC8D has approvedyourplans andallassociatedfees have beenpaid.
THISAPPLICATION SHALL NOTBE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQ UIRED INFORMA TION,
ITY OF
C�Warldlan
33 E. Idaho Ave.
Meridian, ID 83642
Date
Applicant ax�� /gd^4e�2
Address 2449 J, h,, -A , e/a
Fllcr-
Phone
CASH�CHECK# NAME ON CHECK IF DIFFERENT THAN APPLICANT
Jac
DESCRIPTION OUNT
QUAN.
7ED
f
PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION_
TAX
Received
7378
I By
TOTAL
7-S
55748
p r 57A-qew~
ARCHITECTS
10 10 S. Allante Place, Suite 100
Boise, IID 83709
(208) 336-8370
FAX 336-8380
To: City of Meridian
WE ARE SENDING YOU Aftached-Via: Pickup
Shop drawings Prints Plans
Copy of letter Change order
LETTER OF TRANSMITTAL
Date: February 14, 2006 1 Job No. 05179
Attention: Planning and Zoning
Re: Eagle & Magic View – Conglomerate Subdivision
Delivery Mail Fed. Exp. — The following:
Samples Specifications
Other
Copies Date No. Description
Certificate of Zoning Compliance with supporting documents
Check #25315 in the amount of $750.00
These are transmitted as highlighted below:
For approval Foryouruse
COPY TO:
As requested For review and comment
RECEIVED BY: DATE:
Docmeot4
SIGNED: Andrew Davis
Original File
ACHD
March 29, 2006
TO: Afton Pacific, LLC
206 South Palm Avenue
Alhambra, CA 91801
SUBJECT: MCZC-06-027
Office Building
Eagle Road and Magic View Drive
John S. Franden, President
Sherry R. Huber, 1st Vice President
David Bivens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnold, Commissioner
On February 1, 2006, the Ada County Highway District Commissioners acted on MSHP-05-0001 for
Conglomerate Subdivision. The conditions and requirements also apply to MCZC-06-027.
0 Prior to final approval you will need to submit plans to the ACHD Development Review
Department.
A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
' If you have any questions or co cems please feel free to contact this office at (208) 387-6174.
' Y'Ju "d
Si I
i"e I
Ryan Mc aniel
Planner I
Right -of -Way and Development Services, Planning Division
CC: Project File
City of Meridian
BRS Architects
1010 South Allante Place Boise, ID 83709
Ada County Highway District - 377-S Adams Street - Garden City, 113 - 83714 - PH 208-367-6100 - FX 345-7650 - www.achd.ada.Jd.uc-
Tech Review Date
V January 20, 2006
Staff Level Approval
V January 24, 2006
Staff Level Amendment
�/ February 1, 2006
�40 ;�A44ith NV41
ACHD
I lilloolLpw
60��a�ro 54�
Right -of -Way & Development Services
Planning Review Division
File Reference Numbers: Conglomerate, MSHP-05-001
Site address: Magic View Drive and South Allen Avenue
Applicant: Pinnacle Engineers, Inc.
12552 West Emerald Drive
Boise, ID 83713
Owner: Afton Pacific, LLC.
206 South Palm Avenue
Alhambra, CA 91801
ACHD Staff Contact: Ryan McDaniel
(208) 387-6174
rmcdanielccbachd.ada.id.us
Project Abstract:
The Applicant proposes to construct a shopping center (or retail development) at the corner of
Magic View Drive and south Allen Street. After the staff level approval on January 24, the applicant
proposed a new location for the western access on Magic View Drive. That location, and any other
access point not within 50 -feet of an intersection of a local roadway, was approved.
A. DeveloRment lml2act and Findings -of -Fact
1. Site Information:
The site is generally located NW of the intersection of 1-84 and Eagle road (State
Highway -55), both of which are ITD jurisdiction.
> Specifically, the site is situated at the north side of Magic View Drive with one
half block of frontage on south Allen Street, both of which are ACHD jurisdiction.
> The site is located in an extraordinary impact fee area.
Site:
Acreage:
4.276
Current Zoning:
CG
Buildable Lots:
4
Common Lots:
0
2. Description of Adjacent Agents or Stakeholders:
a. North: 1.9 acres Commercial C -G, .97 acres undeveloped L-0.
b. South: 3.77 acres L-0 (office space).
c. East: 57.33 acres L-0 (Saint Luke's Hospital, Meridian).
d. West: 5.2 acres C -G
3. Site History:
> This site was previously developed as a Jackson's Food Store gas station.
4. Roadway improvements Adjacent To and Near the Site:
> Magic View Drive is a fully improved 40'wide 2 lane paved local roadway, with
6" vertical curb, gutter and sidewalk abutting the roadway on the eastern
portion of frontage, but not the western.
> South Allen Street is a fully improved 40' wide 2 lane paved local roadway, with
6" vertical curb, gutter and sidewalk, until the street abuts the proposed
conglomerate subdivision property line. The conglomerate frontage abutting the
roadway is unimproved and lacking 6" vertical curb, gutter and sidewalk (dirt to
pavement).
6. Existing Right -of -Way:
> Magic View Drive has approximately 60 feet of right of way (30 feet from
centerline) where the street section abuts the property line.
> South Allen Drive has approximately 55 feet of right of way (25 feet from
centerline) where the street section abuts the property line.
7. Extraordinary Impact Fee:
> The Commission adopted an extraordinary fee based on trip generation
rates for this area. The Commission determined that the Extraordinary
Impact Fee would be $43.19 per trip. Therefore, this property should pay
an overlay fee to the District for the reimbursement of cost to construct
and dedicate right-of-way for the road from the intersection of Eagle Road
and St. Luke's driveway to the intersection of Magic View Drive and south
Allen Drive as the proportionate share of this property on a per trip basis.
The overlay fee will be assessed with future applications for each building
being proposed and will need to be paid to ACHD prior to obtaining a
building permit or occupancy.
8. Traffic Impact Study:
);� A traffic impact study was not required with this application.
9. Impacted Roadways:
> Magic Valley Drive
> South Allen Street
Roadway
Frontage
Functional
Traffic
Levelof
Speed
(Approx)
Class
Count
Service*
Limit
Magic View
587'
Local
2,327 on
30 MPH
Drive
Commercial
3/17/04
South Allen
306'
Local
N/A
30 MPH
Street *
Commercial
*Acceptable level of service for these roadways up to 7500 ADT.
9. Existing Access to the Site:
> Two improved accesses, with 31 feet of pavement each, on the north side taking
access from Magic View Drive.
10. Trip Generation:
> This development is estimated to generate 1,600 additional vehicle trips per day
(0 existing) based on the Institute of Transportation Engineers Trip Generation
Manual, Shopping Center land use designation.
11. Impact Fees:
> 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.
12. Capital Improvements Plan/Five Year Work Program:
There are currently no roadways, bridges or intersections in the general vicinity
of this project in the Five Year Work Program or the Capital Improvements Plan
at the present time.
B. Findings for Consideration
1. Magic View Road
District policy 72-1`4 (1) and 72-F4 (2), requires driveways located on
commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a
minimum of 50 -feet (measured near edge to near edge).
District policy requires 54 -feet of right-of-way on industrial/commercial roadways (Figure
72-F1B). This right-of-way allows for the construction of a 3 -lane roadway with curb,
gutter and 5 -foot wide concrete sidewalks.
Magic View Drive has approximately 60 feet of right of way (30 feet from
centerline) where the street section abuts the property line and therefore, meets
district policy.
As proposed, the proposal meets district policy. The Magic View Drive access
point, and any other access point, not within 50 -feet of an intersection of a local
roadway also meets district policy.
2. South Allen Drive
District policy 72-F4 (1) and 72-F4 (2), requires driveways located on
commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a
minimum of 50 -feet (measured near edge to near edge).
District policy requires 54 -feet of right-of-way on industrial/commercial roadways (Figure
72 -FIB). This right-of-way allows for the construction of a 3 -lane roadway with curb,
gutter and 5 -foot wide concrete sidewalks.
District policy 72-F4 (1) and 72-F4 (2), requires driveways located on local roadways to
offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near
edge to near edge).
> Construct 1/2 of a 40' roadway for the continuous street section with 6 inch
vertical curb, gutter and sidewalk within 55' of right-of-way.
Construct minimum 5 foot wide attached or 5 foot wide detached sidewalk.
A public easement should be dedicated, to account for the meandering
sidewalks, allowing public access to the sidewalk and should be included as a
note in the final plat.
)0- Observe District policy in future development taking access to south Allen
Avenue.
> Applicant proposes no access to south Allen Avenue at this time.
3. Extraordinary Impact Fee
The Commission adopted an extraordinary fee based on trip generation
rates for this area. The Commission determined that the Extraordinary
Impact Fee would be $43.19 per trip. Therefore, this property should pay
an overlay fee to the District for the reimbursement of cost to construct
and dedicate right-of-way for the road from the intersection of Eagle Road
and St. Luke's driveway to the intersection of Magic View Drive and Allen
Drive as the proportionate share of this property on a per trip basis.
'Site Specific Conditions of Approval
1. The applicant shall construct south Allen and Magic View drive as one half of a 40
foot street section with 6 inch vertical curb, gutter and 5 foot wide concrete
sidewalk.
2. Dedicate 5 feet of additional right-of-way on south Allan Street or provide an
easement for the sidewalk located outside the right-of-way.
3. The existing access points on Magic View Drive are approved and any other access
point, not within 50 -feet of an intersection of a local roadway.
4. This development is subject to the Extraordinary Impact Fee for reimbursement to
the district in the amount of 43.19 per daily trip that the development generates.
5. Access points on south Allen Avenue shall observe the 50' minimum distance
between ( ) Intersections. Aligning access points with existing
driveways on south Allen Avenue.
6. Comply with Section D, Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway
or right-of-way.
3. 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.
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.
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.
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 in
accordance with Ordinance #200, also known as Ada County Highway District 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. ACHID 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.
F. Attachments
1. Vicinity Map
2. Site Plan
3. Right of Way Ownership
4. Construction Guideline for continuation of street section
5. Process flowchart
6. Appeal Guidelines
(a) Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant
of the final decision made by the ROWDS Manager when it is alleged that the ROWDS
Manager did not properly apply this section 7101.6, did not consider all of the relevant facts
presented, made an error of fact or law, abused discretion or acted arbitrarily and
capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be
charged the applicant for the processing of appeals, to cover administrative
costs.
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.
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.
I Development Process Checklist
ZSubmit a development application to a City or to the County
OThe City or the County will transmit the development application to ACHD
ZThe ACHD Planning Review Division will receive the development application to
review
ZThe Planning Review Division will do one of the following:
F]Send a "No Review" letter to the applicant stating that there are no site specific
requirements at this time.
OSend 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.
[KWrite a Staff Level report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its conformance to District Policy.
F]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.
FIThe Planning Review Division will hold a Technical Review meeting for all Staff
and Commission Level reports.
FIFor ALL development applications, including those receiving a "No Review" or
"Comply With" letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review
by the Development Review Division for plan review and assessment of impact fees.
(Note: if there are no site improvements required by ACHD, then architectural plans
may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY
work in the right-of-way, including, but not limited to, driveway approaches, street
improvements and utility cuts.
FlPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid
prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
F-1 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 >50' or you are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
F-1 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
prior to Pre -Con being scheduled.
IPCO approved set of subdivision utility plans
0 Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to
scheduling a Pre -Con.
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