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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 !Mn ge0Pm.0 6. P.Yn a.ue ANnb0. G 91801 4Men O..s 10,0 6 A W. Pl Sul¢ 100 1O4316A1)0l.vl ,SSR W. Faer.O,e O,Na, $u.6 "STING H ARLE Is' CAL SAVE AND PROTE6� E)(ISTING M PLE SA� AND EXISTING M APLE (6- CAL.) SAW AND PROTECT RELOCATED -4 ASH f6 EXISTING ASH (6- 1 SAW AND PRO RELO ATED AS. #5 EOSING ASH SAVE AND 0 \,-�: LANDSCAPE EXFSTN0 CALCULATIONS SAA AN 3- OF SNEEV FROWEADE &OK EADIl RO IED I TREE PLANTING DETAIL E. m A 0 1 C SHRUB PLANTING DETAIL "DISD C ASH (7- CAL.) S— `A!ND PROTECT E LANDSCAPE PLAN SCAM V - 2Y� PINNACLE ,E�El,�,Earis, Inc. Z) --I- PLANT SCHEDUI E TREE—VE AND 'Ro ECT UNE.Ess .'ED ON R.A. I LANDSCAPE NOTES I I TOP 511 INON G-) OF ED IN AFOAS PI,NREO IRIN RAW III BE ORDANIE—F ENNRNEOD IFTI THRE, 0) — _oS OF aZ,(C — — —E, I—) SOBAR, — RH, —, —R BE — OR "RED —POST (L—. E— U. -Ms, —) OR —/RFEAlEB UAR... I.— NOT BE uma As DEREARC IN RANTER BEDS, 3 OF SWIM —NN EARN BE RIDDED AFTER �W& TREES A Y M TREE A 3 NOR — a — — 'E, — IN, ­­ — WHOR ."M --E lE AEB PRQV-1--DM-R--=D-VOV ­ EACH MRDBOZOWE Is ED BE IRROVED WIN %P,IEAlE A — Ps. OF — -.Is M 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:.= C,Z Q PERRIER — BAO"P FOB �GLPRDIWF RU F; AND U., OF —= I A -L OENSE— ­ BE WIRWINIED FOR ONE (1) EAA AFTER RRAL — EIR EWNER':S ROPRESERINTNE. I —Cl I— BE 1 —111 OF —111 1 —11 REIESENT—, WL .1 11 OR.'s, OF .-. — AN W, D, — — -- E ... E— wx (SJOH AS NEW EAFTH. .—� EIG). I— RE= T— 04 IELD D— FORTUEEDII B,CN AS mim— AGROETE, OR — —RE)- —7.Q. 0- FERVIREIRS AND —.-w 1. RAR—RE... .—RE, ,O�Dfl, ID *WFF DCAl*N OF A� EXISTINO —Es PRIOR TO E—ENCING WENI, A� AIR NATE fts — BE I I— AID HMRW EDNOFE- IN—L IN —DANCE Iff. IRE OUMMIRES EETA�_&V THE 'AUDICNII SIAN D FOR MREER( —' AS M� BY TIE �EFKEAN ASEENEIAEENN OF IRS — — AF LERET ONE WAIERPROOF — ON —1 AND -- .1-SENTED. ARF _Is ED' "MMEN"--l"'I" BE EU— - TO ""E" P -'- TO I.—N. P, — INE. AHHR— BE __E. ANO AT -- INNERSE FlE. ADAsTIEDITS OF TREE �ANEWES AW BE aSSNRY — I. JNNNOWN SEE GDN—. EDORDIWDE 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 Es GO . . IFEES RANIEDMI ARE WORT OF � ON ANAEENT TO SIDENI PAROM OW R,N,ES — BE Pw D RR- .- .1 — — Is') — IRE —.N. .s — SURFACE OR FOARTEEN — (1.1 AGONE THE —ENT TREE PROTECTION NOTES 1. DEBVING TBEES THAT IRE TO KNAN "LL BE PANMCTED BEFORE AWF DERORMON sOFEE M THE WE BEQNS REMONA. 0 AN, PFNFE� � NBE TRE ARRIENNI OR TIE OFN ABRERNTICOW— FORESPET IROT AR5A& ;%Elo—1 ERALL EONWBT OF A — 1— PNFS— SAIRIER NO LESs TRAN Q —ES I HEIGNT TO BE NET IN A AFEA M—NED OF IRE C" rOPE— � omD/ER ­WCAPE ARE_ EENFPNfNT , WW=. WUING WATERA.% EHE—S �NP- OR OTHER DOWNS SH&L BE PACED ENSEDE BARWRS. B. I- — IRE— .1. 1. -- ERNWRE.s — BEE APPRONED ER __ ENR MD/QR � — CT. 2. jWP— ERF— — BE —MED ID - I—RIVO TFEfS MIND —RJCI— THE IVAPINIAIff _. — PRONOE ADEQ— — AND (RARWFV OF RATER RRENG A� PRAFES ON BEFORE THE WNTRACTON L S IRE SM. - EXISTINQ TRES WHION NAFE BOON GARIDED AS A RES�7 OF THE .—. OPERAPERS, — BE .—,. ms/. — AT THE P— ar, IRE SAN, -- � I — LMTJ OPH luw- u w N( U rL 11-4 u z 0 t—L NO EZjrND r -I. THE — E-1 BE .-N Or TREM THE BE U4 ---E "ZIM, 5. � TREES TO RONAN SH&L BE 6:EID-1 ERLOW E.... — OF IR A IRCERSE. — W—D TREE %RKE AS NMOED, TREE TRANSPLANT NOTES: WED FOR IND.OMION SHILL M FENENFED AND �P,ANTED WITH —IJC IRM SPARE. SP4E SHAM RIWE A E,, rOR A ... — — - OF W AND — BEEW — DEPTR OF ONE III Q,W BEFORE FRANS— - —IPE INEES SN— BE SPIERRED ON EQU&) I u OF IRE FOLIADE CTOP AND WORTOM) AS PER NANU REG� 1.1 TREE Zn- — . DONE IN ONE -- PRODESS — 1-1 -- D- --S — BE E A RANIENO OF I RNIT PEAT UOSS TD 3 PARIS FER— WFIN MM 'EM—OW. RNAWN ­-, I. AP— ED— — AS PER .— BE EED — RATED TO . A hu ARE wim momo THE I I —HARNO ART AR --, B". —y m6 KaBir. THE — . TmE sNAl ERE JR:RrELL 2/3 F— AGREFOEN PIANTING TAEkEYS 20-10- 0 APPMD E—) SNA.1 BE MTA� TMET � _. — P— .. AS PEN — C -- rum 02-14-'06 16:47 FBOM-SSC 2088885052 T-538 P001/004 F.-,175 ARCM-fECTS 10j0&9L4NU'?LAC%S1A11100 ,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: DOWT-MI A I ^'i I I i I^ kit, r% ki el tit i f 7 - r nAA7 'Ll 'ril I I /I . . I I r 1 1-1. 02-14-'06 16:47 FROM -SSC T-538 P002/004 F-175 W U H Q W 02-14-'06 16:48 FHOM-SSC 2088885052 T-538 P003/004 F-175 OR= VAP f T.O. BLOCK (1) #5 GROUT SOUD Is REMR mm.) — 0 32" o,c. - GROUT SOUD 4' REINFORCED coNcRETE SIM WM 6- CUR9 AT PERWIER 0) 05 Rew" 1. Ir . I I Lr I .^.I co"Cl PIPE D - . OF (z) V-4' Dkk CONC, FOUNDAMM N 0 7 Ez VEInFy LOCAIJON OF UNDERGROUND UTIUJJES BVrORE DRILLING FOR C(WCREM PrOUNDAMONS. JYPICAL TMSK ENCLOURE WALL SEMON I - r-- - � I � I . — — I I All n n r r AAA7 -J-1 'M'% I 02-14-'06 16:48 FROM -SSC 2088885052 T-538 P004/004 F-175 ft ,,o -,O L 00-.9 nv"dSV CL 00 D e wi z 1 IN] I T I I flklW in c , r n A A 7 '4,1 'n -1 1 \P\. 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. �14 WK, pl tj 111 71-11 1 "- 4� All, ilW 44.L Figure I ------------------ 1- E R 0 A D tj Mol PI 14911 11 1 lit . sj mN. �-.6 FIC a AFrON-PACI ARCHI ob 02-14-'06 16:4�, 17R011 -SSC 20888�P052 T-538 P003/004 F-175 .0 BLOCK (1) 05 RMAR GROUT SOUD is RMAR (�W.) 0 32" OC. — GROUT SPUD 4" REINFORCED CONrRIETE SLAB WM a' CURB AT PERIMCIER �j4 WNP (1) 05 REM 4' 01A. 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