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Troutner Building A CZC 06-178C,lerw -R14e, RECEIVED JAN 0 4 2667 City of Meridian City Clerk Office CERTIFICATE OF ZONING COMPLIANCE* Date: January 3, 2007 Project Name/Number: Troutner Building A — CZC-06-178 Owner:_ Pavel and Gennady Babichenko T Site Address: 503 S.W. 5th Avenue (Lot 12, Block 1, Troutner Park Subdivision) Proposed Use: One (1) New 7,200 square foot Office Building_ Zoning: L -O ¢united Officq) Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances, the existing Development Agreement (Inst. No. 97044077) and Conditional Use Permit (CUP -06-03 8 ) for Troutner Park Subdivision, and previous conditions of approval. The issuance of this CZC does not release the applicant from any previous requirements of the other hermits issued for this site. NOTE: This is not a Buildine Permit. Prior to anv Site Plan: The Site Plan prepared by James Gipson Associates, on September 7, 2006, labeled Sheet. 1, is approved (stamped "Approved" on January 3, 2007 by the Meridian Planning Department) with no changes. Landsca ep Plan: The Landscape Plan prepared by James Gipson Associates, on September 7, 2006, labeled Sheet 2, is approved (stamped "Approved" on January 3, 2007 by the Meridian Planning Department) with no changes. The approved landscape plan is not to be altered without prior written approval of the Planning Department; no field changes to the landscape plan are permitted without prior approval. A written certificate of completion shall be prepared by the landscape architect, landscape desi egnn r or qualified nurseryman responsible for the landscape plan Won 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. Elevations: The elevations prepared by James Gipson Associates (Landscape Plan, Sheet 2, dated 9/7/06) are approved with no changes from the Planning Department. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the 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 11-3B-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11 -3B -10-C.5. Parking_ The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. 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 with ADA standards. Curbing: Per UDC 11 -3B -5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-313-11 and UDC 11-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11- 3A-7. Li tin : Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC I1 -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 -11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Aeeentance: 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 Occupanci: All required improvements must be complete prior to obtaining a Certif cate bf Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape desiener 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 and Landscape Plan stamped "Approved" on January 3, 2007, are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. Va. Sonya atters Associate City Planner *This letter does not indicate compliance with requirements of other departmentslagencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. 0 i F r � '7• t; C1r1`i O0 Yi Type of Review Requested (check all that apply) ❑ Accessory Use ❑Alternative Compliance. Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): LrZ ( -06-�- I -q9-:) Project name Date filed: 7114 Date complete: Assigned Planner: ,0 m ,` A W ATT&Q S Related files: cue -%-'O39 Applicant Information Applicant name:Rahichenko I r Phone: 375-7827 Applicant address: F1u5 Corl2oral Lane Zip: 83704 Applicant's interest in property: N Own ❑ Rent ❑ Optioned ❑ Other Owner name: Pavel and Gennady Babichenko Phone: 941-3448 Owner address: 5259 North Lolo Pass Ave Zip: 83642 Agent name (e.g., architect, engineer, developer, representative): James Gipson Firm name: James Gipson Assoc. jgareh0bitSnurt. net Phone: 939-0236 Address: P.O. Box 219, Eagle, ID Zip: 83616 Primary contact is: ❑ Applicant lel Owner ❑ Agent ❑ Other Contact name: Pavel Babichenko Phone: 941-3448 E-mail:— Midwaydistributincg@hotmail.com Fax: 375-9191 Subject Property Information Location/street address: 503 SW 05th AVE Meridian ID 83642 Assessor's parcel number(s): R 8 5 3 3 7 512 0 0 Township, range, section: 3 N 1 W 13 Total acreage: 1,152 Current land use: Undeveloped Current zoning district: L-0 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancitv.org 1 Project Description Project/subdivision name: T rou to e r Building �g pA FA General description of proposed project/request: UVYRA�W 7,200 s f. office buildings w/ associated drives, parking, landscaping Proposed zoning district(s): L -O (existing) Acres of each zone proposed: 1.152 Type of use proposed (check all that apply): ❑ Residential ❑ Commercial JOffice ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Property owner Which in•igationdistrict does this property lie within? Nampa Meridian Irrigation Dist. Primary irrigation source: City water Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):16.0 0 7 s f Residential Project Summary (if applicable) N / A Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): _ Percentage of open space provided: Percentage of useable open space: 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: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 1 Other lots: N / A Gross floor area proposed: (2) @ 7,200 Existing (if applicable): N / A Hours of operation (days and hours): 8AM-5 PM M— F Building height: 28' to roof ridge Percentage of sitelproject devoted to the following: Landscaping: 31.9 Building: 28.7 Paving: 32.1 Total number of employees.. 12 Maximum number of employees at any one time: Number and ages of students/children (if applicable): N / A Seating capacity 12 Total number of parking spaces provided: 35 Number of compact spaces provided: —0— Authorization Print applicant name: Wii v c7 Applicant signature:Date: 66 atertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.ore 2 N/A JAMES GIPSON ASSOCIATES architecture • planning 38 NORTH FIRST STREET, P.O. BOX 219 EAGLE, IDAHO 83616 phone (208) 939-0236 fax (208) 939-0211 NARRATIVE September 13, 2006 Meridian Planning Department City of meridian 660 East Watertower Lane, Suite 220 Meridian, ID 83642 Project No. 0652 Troutner Buildings A & B Lot 12, Block 1, Troutner Business Park Meridian, Idaho Dear Planning Staff : This will explain our request for a Certificate of Zoning Compliance for this project. The project is to develop Lot 12, Block 1, Troutner Business Park, Meridian, Ada County, Idaho. There are to be two (2) office buildings, each approximately 7,200 sf., single level, with associated drives, parking, and landscaping. The project will be phased, with Phase I to include Building "A" (westernmost building), and the site development consisting of drives, parking, trash enclosure, site landscaping. The buildings are to be virtually identical, with Phase H to follow as soon as market conditions warrant. The buildings are to be relatively low profile, with hip roof design (architectural fiberglass shingles), brick and cast stone exterior, similar to the existing adjacent building. Exterior lighting is limited to soffit "down" lighting, avoiding glare onto other properties or the public right-of-way. No light sources with output greater than 1,800 lumens are proposed. The use(s) of the buildings will be offices, compatible with adjacent uses and in compliance with the L -O zone requirements. Hours of operation are to be within normal business hours. The parking planned (35 spaces for 14,400 sf. of proposed building) will be sufficient for the planned use(s). All drive/parking areas will be paved and marked for parking. Concrete walks will provide access to the buildings from the street and parking areas. The existing landscaping at the western portion of the site will be retained and protected during construction. The proposed landscaping is intended to enhance the site and area; trees are selected from the list of approved trees for this area, and are of species requiring minimal water, relatively free of disease and pest problems, and not likely to generate excessive mess. Other plant materials are commonly used in the area, easy to maintain in a healthy, attractive condition. All landscape planting areas will be served by an automatic underground irrigation system. We believe that the design proposed is in full compliance with all zoning requirements, and respectfully request your approval of this request for Certificate of Zoning Compliance. Thank you for your assistance and consideration. With best wishes, JAMES GIPSON ASSOCIATES James pson, Project Architect f F IATINC, WALKING PATH X o e i PFM:9 e SITE LAYOUT PLAN IN LOT 12, BLOCK I. TROUTNER BUSINESS PARK, MERIDIAN, ADA COUNTY, IDAHO DRAWINGS I Site Plan Accessibility Requirements 2 Landscape Plan Exterior Elevations Calculation Table 060 Easl Waler0—, Lane NtM.", D SM42 Peramg worse required: 29 (1/500 SF) (2) ..If. shown, 72" width (BC Ch. 101 Pai" mms provided: 25 mown Phony 208-887 1211 Bu%dNgg1 Ph..208 d84-55331PIanningl Su% .q etre: (2) 7,2W SF, W& ebry - Imt wee, 50118181' 503 South 5th Avenue Setbetlu: Fmre 20' (21' ebvxn) Rest 20' (2e' shown) Bysx.c Sid.. 10' (118 Sr -IW shown) V - B 2uralg sti L-0 Fire Flow: 1,500 gpn4 (UFC Table A -111 -A -II T'r, e�— PROJECT SUMMARY - rr- 0 Codes: InternaUoal Brdding Code, 2003 0130 Parking: V500 d. = 28 Spaces Bequlred - InlernaUonal Mealvrbel Code, 2003 UMC) 35 Spaces. Shorn k x Inlarnalbnal Piunblrg Code, 2003 UPC) C 8 (BC Sea 3041 - : I InlemeUonal Eleclrlwl Code, 2003 (EC) cou�"0y' V 1 x1- WiarsaUored Fire Code, 2003 UF,1 Ooc'L Lad 1/100 at - 72 p r Building 20031nlernaUorul E.,gy Co—floe Code OECCI UBC Table 10 2.2.2) hd�Y' ,��, Jurkdcllwx M.'kiken, IGho Bustin / PlaWina De .rim..I. D1JIa4._____ % INILL.NGIp �_ _ 4 I o f a..xce mr xwa-ems ,v oewo mrinmo oom 7�"•`• � •`�'» °"' � a: •�•+,��r•••'°�• ACCESIBILITY STANDARDS f q•li•c(e T 1 1 CQ r••1 \__ 060 Easl Waler0—, Lane NtM.", D SM42 Exll. Req'd: (2) ..If. shown, 72" width (BC Ch. 101 Phony 208-887 1211 Bu%dNgg1 Ph..208 d84-55331PIanningl L-11- 503 South 5th Avenue Merldlen, m 83442 Const Type: V - B Legal Nscrlpllarc Lot 12, Block L Troulnar Park Subdvleion MerWlam Ada County, Idaho Fire Flow: 1,500 gpn4 (UFC Table A -111 -A -II Ext. Wade: OBC lees Than 10' Iron property Imes UBC Table8021 Ar Bite Area: 1152 Acres Zone: L-0 Ekrellorc 2,400 ft. Bldg. Seth.-. Frank (East) 20' 21' Shown Frost D Ik W 24' Bean (West) 20' 28' Shown Side: Porth 8 Soulhl 10' Ir b 57'-10' Shown Selemlo Cat: Category C Bldg, Area:. 3,000 N. allowed. -Wind Speed SO mph. eVa-. B (BC Table 5031- - Roof LNa Load 30 pd (anowl at. Rheum, one Mory 8oU Bearing 1,500 pet..awned T200 Two 121 Bdldinga Proposed f q•li•c(e T 1 1 CQ r••1 \__ TREE PLANTING AND GUYING OR $TAKING X SITE LANDSCAPE PLAN N NOTE NO EXISTING TREES AREr TO BE REMOVED, EXI5TING TREES ""L"' PROTECTED BY A TEMPORARY FENCE SEPARATING THE TREES FROM CONSTRUCTION ACTIVITIES. AS SHOWN. ....i Plant List IIT I Mark Nam Size Tree Class A ma mbwfim 2Mral 1 r t - Red awreM1p Cmb.W. 2X8.1 I WnhhpmnH P -I .:..... . .. .... . e... "`[ - -' C - - Caryma aduna Tud'bf1F'ahed un e,a.e nuxe rnwa mm D Cdb aadedeae 2 W -I II North /South Exterior ElevationE G"IWWamemnm F 2%'.1 n P Lv. muse 18-24' 0 . - Mughn pine Mahania ega8a5mn 22.1 D—doreGan grepe N 20d J Floft ka p—Imt—Gob" 2gal =ourbn g,®a K UgueWm'auwannea River 1981 ) Prid Landscape Notes l 1 eca :.. .. .. OOO ..;. 1 sarnd hr an a1 pl�mnp area. an, m Ire .wamdm�mmrereww mgpmn eyemm Deagn b m 8e prerbed kY an kRtaBm, entl . ®®® ®® ®® aubnaed mOwnar tarlerlaw Pd«mblda8atlan. PmWe'Aa Bear arewmg m ownmwan.mpbaan «malmdmn. z 3 PbM naBeddbmAe heeMy ugm«,a. hee «dlaene«Peen. Codhm anypbd nuWdaubtl4NommwdWgPd«mdelhely ae, naee 4 4 vera Provitle euMeOie mp"a W all ImIampe plaranp ereoe. East / West Exterior Elevation e F .droh. p...W d l«(1)yearagarPmnHlp. cQ t"I �Q M ci 'ty 9 W M 0.i Landsrape Celculatfon �-� B U�fed deaed0anmge tar WId81 «elreel ddfer2r WbPIpfpadangbI,-Ix bnda.peedp V4r N -W of puking d.oa 35 d) %OfpIIMV. owMh bdemd bnd—PIIV23g0116.108-14.8% IyJ Tolel.mherdk W'treeeparwemkw4 1- p MNgeWn: WA (L R 1 n SEE SHEET I OF 3 MATCH UNE to i 7.6IR1111GATM _F Dmw 5015211119 80.16' i N00'I5V31-E 14I03' SW23'13** 11440' (142A)O-) -------------- BLOCK I N0.2 30-T BLOCK NO.5 @ (D vSIi4 W"s "I N4ftrft'* T.: taaark* Iml-W 10" Ike L13 L16 S.W. 5TH ��W 4"MA:6 CP&F INSTRUMENT 6At' Sono' N13, 8913432 � � � N NNNN UNPLATnO) Jt O O O ® NWI/4 NEI/4 MEI/4 ®`` SW23'13'W 47.19— SW23'13'W 231.40o W "Weam BLOCK IW MNADN iia NW14'151 (NW13'31'0 349.90'(349.7a) NO.1 Aur. SEE DEWL A BLOCK NO.2 l aw 13&021 D NW1021 28&12' ca 177.8d ce 02AW 3z 14 BLOCK NO. 1 SWW31,w awormV 2w7r mew 3L3 OF BWNNMQ d @ 11, ZY j is N 1/4 CP%F INSTRUMENT NMI SEE SHEET I OF 3 MATCH UNE to i 7.6IR1111GATM _F Dmw 5015211119 80.16' i N00'I5V31-E 14I03' SW23'13** 11440' (142A)O-) -------------- BLOCK I N0.2 30-T BLOCK NO.5 @ (D vSIi4 W"s "I N4ftrft'* T.: taaark* Iml-W 10" Ike L13 L16 S.W. 5TH ��W I 38 I mmu DETAIL D ACHO NIS FRANKUN SWAM SUBDMSION MMIND D/4' MINI PPI cw NW14,52-t 61T - , i T 9� i lilt 19 NW08'WE LINE TABLE 1 1 mEcrim %*354 K111 � ---gem I r-4 2i I zi 14 1 100 50 0 too 200 b -GI $O NW DEVELOPER- TROUTNER BUSINESS PARK DEVELOPMENT CORPORATM4 MERIDIAN, IDAHO IKKEIZER A=A=*aA=MC. 545 BENJAMIN LANE, SUITE 185 MISE, IDAHO 83704 SHEET 2 OF 3 15% ,* I 6At' Sono' r � � � N NNNN Jt O O O ® ®`` �\ W "Weam BLOCK IW MNADN NO.1 Aur. A& l aw 13&021 D I 38 I mmu DETAIL D ACHO NIS FRANKUN SWAM SUBDMSION MMIND D/4' MINI PPI cw NW14,52-t 61T - , i T 9� i lilt 19 NW08'WE LINE TABLE 1 1 mEcrim %*354 K111 � ---gem I r-4 2i I zi 14 1 100 50 0 too 200 b -GI $O NW DEVELOPER- TROUTNER BUSINESS PARK DEVELOPMENT CORPORATM4 MERIDIAN, IDAHO IKKEIZER A=A=*aA=MC. 545 BENJAMIN LANE, SUITE 185 MISE, IDAHO 83704 SHEET 2 OF 3 We A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 703 S. Americana, Suite 190 / Boise, Idaho 83702 (208) 373-3744 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 3.00 BOISE IDAHO 04/12/05 04:41 PM RDEPUTY Bonnie Oberbill ECORDED REQUEST OF III I�II�II�II�III�II�I�II�III��II SII Pioneer 105044164 CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Troutner Business Park Development Corporation, an Idaho corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Babichenko LLC, an Idaho limited liability company whose address is: 6145 Corporal Lane, Boise, ID 83704, grantee, the following described real estate, to -wit: Lot 12 in Block 1 and Lot 1 in Block 5 of Troutner Park Subdivision, according to the plat thereof filed in Book 75 of Plats at Pages 7762 thru 7764, records of Ada County, Idaho. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions, U.S. patent reservations, easements of record and easements visible upon the said premises. TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its officers this 11th day of April, 2005. J" Troutner Business Park Development Corporation Majir Balltyne, President/ 'ecretry David L. Nordling, Vice -President/ easurer f�' STATE OF IDAHO, County of Ada, ss. On this day of Apri;, in the year of 2005, before me Janet L. Blosch, a notary public, personally appeared Mary Ballantyne and David L. Nordling known or identified to me to be the President/Secretary and the Vice- President/Treasurer of the corporation that executed the instrument or the person/persons who executed the instrument on behalf of said corporation, and acknowledged to ne that such corporation executed the same. "•Ar r A � 8C 17 6® N A t® 31 �m®0aoe�s® va Notary Public of IDAHO Residing at Boise, Idaho Commission expires:V IDSOS Document 251 Page 1 of 1 ARTICLES OF ORGANIZATION FILED EFFECTIVE LIMITED LIABILITY COMPANY 05 MAR 215 PH -12* 39 (Instructionsonback ofappfication) SWE 1. The name of the limited liability company is: STATE OF ,ID Aj-jQ Babichenka. LLC 2. The street address ofthe'initial registered office is: 6145 Corporal Lane and the name of the initial registered agent at the above address is: Pavel Babichenko 3. The mailing address for future correspondence is: 6.145 Corporal Lane/ Boise, ID 83704 4. Management of the limited liability company will be vested in Manager(s) ❑ or Members) (picase "ck the appUprtafe box): 5. If management is to be vested in one or more manager(s). list the narne(s)and address(es) of at least one initial manager. If management is to be vested in the member(s);;list the name(s) and addresses) of at least one initial, member: Name Pavel Babichenko 6145 Corporal Lane Gennady Babichenko 6145 Corporal Lane Address 6. Signature of at) rest on # rTon�resp ible forforming the limited liability company: Si nature: g Secretary of state use only Typed Name: Pe Babichenko, _ 4 Capacity: CEO Signature i s IDAiIQ-'SECKTRRY Of SiAK Typed Name: cR: 5B1496 CS: '172699 1111: 89BB24 __—;-, -- ---_ i e 188.88 = imes pfltliUt LLC N 2 Capacity: w K W`7q http://www.accessidaho.org/public/sos/corp/search.html?ScriptFonn.startstep=docview&S... 9/15/2006 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) t, �cey e & c,h,eokv 5a s9 /ll 1000 Al Ss live. (name) (address) 144-""'100 7-440 (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Jaynes Gipson (name) P O Box 219, Eagle, ID 83616 (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). , Dated this P % day of �'� h .20 O �v (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. :MELISSA CORNWALL &otary Public for o) Notary Public V ,$tote 013ho Residing at: ,4 9AIZ I --7.7kl My Commission Expires: _ �� ABICHENKO LL -C 6145 CORPORAL LANE BOISE,ID 83704 1054 96-7197/1232 PAY DATE CJ — l � TO THE ORDER OF L (AIA dt Q ✓P H ✓� d - DOLLARS. 8 D-=a.�. ®Washington Mutu Washington Mutual Bank, fsb Boise Town Square Fnancial Center 373 North Milwaukee Street Boise, ID 83704-9135 1.800-788-7000 Payable At Seattle, Washingtop 24 hour Cummer service FOR' f AV 1100000 10 5 4111--1-1: 12 3 2? 19 781: 10001011 311' a• H w J Q h C W O LL \ _\ v LL t Y Z O ~ U a o W a LL O ^� Z • W k W � U I U • Y > --S.) . �m 2 Z L17 U W U 00 O D U(0W H 00 — N � CL C • } aQ Q Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: G' File #: Applicant/agent: L 1^ lei All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff Description Completed & signed Administrative Review Application Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use i.e., applicable conditions of approval or Development Agreement) Recorded warranty deed for the subject property Affidavit of zed b the roe e f owner is a corporatio iuhmd a SM of the Articles of ftw=u= or other W= to show that the verson si in ' rized Sent. 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 see UDC 11-3A-11 Site Plan—tel copies (folded to 8 %z" x 11" size) The following items most be shown on the siteplan: • Date; s K -no arrow andro'eet'name scale not less than 1"=50' • Names, addresses, and telephone numbers of the developer and the person and/or firm preparingthe law, " • Parking stalls and drive aislesr • Trash enclosures location • Detail of trash enclosure must be screened on 3 sides t� • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you prove no water rights exist to subject ro • Sidewalks or pathways (proposed and existin • Location of proposed building on lot include dimensions to property linesr' • Fencing (proposed and existing) • Calculations table including the following.--* Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Building size (sq. ft.) Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district • Reduction of the site plan 8 ''V2" x 11" Landscape plan — 3 copies (folded to 8 ''/z" x 11" size) Plan must have a scale no smaller than I " = 50'(1 " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscapeplan: • Date, scale, north arrow, and project name+' • Names, addresses, and tele hone numbers of the developer and the person and/or firm preparing the plan 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org A. CHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. All impact fees, if arty, shall be paidprior to the issuance of a buildingpermit. If arty changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lain, high groundwater areas, and rock outcroppings. • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction' • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stortnwater 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. L.— • • Si t Triangles as defined in 11-3A-5 of this ordinance. • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, 11, or III), and comments (for spacing, staking, and installation as a ro riate)a/` • Planting and installation details as necessary to ensure conformance with all tandards.„-”• required standards.,,-- *Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Number of street trees and lineal feet of street frontage ➢ Width of street buffers (exclusive of right-of-way) ➢ Width of parking lot perimeter landscape. strip ➢ Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix ➢ Mitigation for removal of existing trees, including number of caliper inches being removed Reduction of the landscape plan 8 %Z" x 11" V -"- fBuildin Building elevation showing construction materials z% Fee (If this project had prior approval on a site plan, reduced fees may apply) A. CHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. All impact fees, if arty, shall be paidprior to the issuance of a buildingpermit. If arty changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. G) General Retail and Service Commercial. The zoning of the Limited Office District (L- 0) and General Retail and Service Commercial (C -G) is defined within the City of Meridian Zoning and Development Ordinance, Sections 11-2-408B(7) & (11). 7. The City Council issued Findings of Fact and Conclusions of Law approved by the City Council on August 20, 9998, which Findings of Fact and Conclusions of Law are incorporated herein in full by this reference. 8. The City Council approved the Development Agreement on April 29, 1997, which Development Agreement is incorporated herein in full by this reference. 9. The City Council approved the Annexation and Zoning Ordinance on September 3, 1996, which Annexation and Zoning Ordinance is incorporated herein in full by this reference. 9. The proposed application requests an amendment to the Findings of Fact and Conclusions of Law as approved by the City Council on August 20, 1996, wherein the applicant was required to process any further uses or developments in the (L -O) and (C -G) zones by way of conditional use permit applications. The conditional use permit restrictions were subsequently adopted into the April 29, 1997, Troutner Business Park Development Agreement and Meridian City Ordinance No. 739. Specifically, the applicant requests amendment to allow the use and development of C -G zoned Block 1: Lots 2 and 4; Bloch 2: Lots 2 — 4, Lots 6 -12, and Lois 14 and 15; Block 3: Lots 1 - 3 and Lots 5 — 7; Block 4: Lots 1— 3; and Block 5: Lots 1 - 3, without processing conditional use permits. The use and development of L-0 zoned Block 1: Lots 6— 10 and Lots 12 and AMENDED UNDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATMN AND ZONING - TROUTNFR BUSINESS PARK IN LO & CG - Page 3 DEVELOPER agrees, and hereby binds its successors and assigns to this agreement, in consideration for the annexation of the Property as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this Agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. Zonnina: That the development of Property shall be only for General Commercial and service Commercial (C -G) and Limited Office (L-0) and developed as a Commercial Planned Development and all applications to develop lots. shall be processed under the Conditional Use Permit process for the CITY of Meridian. 3. N - Develop ent Aarg=en (Phase aIU: Upon execution hereof the parties agree to execute a "Non -Development Agreement" for the Phase II portion of this subdivision. DEVELOPER agrees that if the City needs or desires a required improvement to be completed in Phase 11, CITY shall inform DEVELOPER in writing and DEVELOPER agrees to commence construction of those Phase II improvements contained in the CITY's letter within sixty (60) days from the receipt of the CITY's letter and complete those improvements within 180 days of CITY's letter. DEVELOPMENT AGREEMENT 3 d/'reaLest/trcut2de.wpd �t ACHD 'I !gOINEW January 22, 2007 TO: Babichenko LLC 6145 Coporal Lane Boise, ID 83704 SUBJECT: MCZC-06-178 Trounter Building A 503 SW 5th Ave. John S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner David Bivens, Commissioner Carol A. Mckee, Commissioner DECEIVED City of Meridian City Clerk Office On 12-3-2003, the Ada County Highway District Commissioners acted on for Troutner Subdivision Re - Plat. The conditions and requirements also apply to MCZC-06-178. • Prior to final approval you will need to submit plans to the ACHD Development Review Department. • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. If you have any questions or concerns please feel free to contact this office at (208) 387-6177. Sincerely, A&flr� Chelsee Kucera Planning Intern Right -of -Way and Development Services CC: Project File Lead Agency: City of Meridian James Gipson Associates Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us ACHD r-u� Ada County Highway District Right-oj-way & Devetopment Department Planning Review Division This application requires Commission action because of the proposed changes to the platted roads. This item was on the consent agenda on December 3, 2003 at 12 noon. Tech Review for this item was held with the applicant on November 14, 2003. Please refer to the attachment for request for reconsideration guidelines. Staff contact. Lori Den Hartog, Phone: 387-6174, E-mail. Idenhartog(cD_achd.ada.id.us File Numbers: MPP03-034—Troutner Park Re -Plat Site address: South of Franklin Road, West of Meridian Road Applicant: Mary Ballantyne 10250 Whisper Cliff Boise, Idaho 83704 Representative: Keller and Associates, Inc. 131 SW 5t' Avenue, Suite A Meridian, Idaho 83642 Application Information: The Ada County Highway District (ACRD) staff has received the above referenced application requesting preliminary plat approval for a re -plat of Troutner Park Subdivision. The re -plat of Troutner Park Subdivision includes approximately 17 -acres of the original 39 -acre development, and if approved, it would reduce the number of building lots by 11. The site is located on the south side of Franklin Road approximately % mile west of North Meridian Road. Acreage: Current Zoning: Buildable Lots: Common Lots: Vicinity Map 17.26 C -G 6 commercial lots 1 lot (along the Eight mile Lateral) A. Findings of Fact Trip Generation: This development is estimated to generate 1,920 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. For a business park development, trips are calculated based on a percentage of use per 1,000 square feet. Although the number of lots is proposed to be reduced, that does not necessarily translate into a reduction in the number of vehicle trips. The original trip generation information for Troutner Park Subdivision, including the 17.26 -acres involved in this request, indicated that 5,900 additional vehicle trips per day would be generated by the entire development. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. A traffic impact study was submitted with the original Troutner Park Subdivision application in 1996, and took into account the impact of developing the current site. 4. Site Information: The site, although platted, is currently undeveloped. The applicant entered into a "Nondevelopment Agreement" with the Ada County Highway District in June 1997 for the same lots involved in the current application. Because of the Nondevelopment Agreement, the improvements for the eastern portion of Pennwood Street and all of 3`d Street were never constructed. 5. Description of Adjacent Surrounding Area: Direction Land Use Zoning North 5.0 & 3.5 -acre parcels C -G South 3 undeveloped parcels equaling 8.6 -acres under same ownership) C -G East Apartment Complex R-15 West Troutner Park Subdivision L -O 6. Impacted Roadways Roadway Frontage Functional Classification Traffic Count Level of Service Speed Limit Pennwood Street 792' Local/Commercial No counts available N/A 25 MPH West 5 Avenue 250' Local/Commercial No counts available N/A 25 MPH Franklin Road None Minor Arterial 17,518 W of Meridian on 5/9/00 Better than "C" 35 MPH Meridian Road None Minor Arterial 14,939 N of Cor orate on 2/7/01 Better than "C" 30 MPH 7. Roadway Improvements Adjacent To and Near the Site • Fifth Avenue is improved with 2 driving lanes, 1 center turn lane, curb, gutter, and sidewalk adjacent to the site. • Pennwood Street is improved with 2 driving lanes, 1 center turn lane, curb, gutter, and sidewalk adjacent to the site. However, Pennwood Street within the site is not constructed. • Third Avenue is not constructed within the site. N 8. Existing Right -of -Way • Fifth Avenue has 60 -feet (30 -feet from centerline) of existing right-of-way abutting the site. • Pennwood Street has 60 -feet (30 -feet from centerline) of existing right-of-way abutting the site. • Third Avenue has 60 -feet (30 -feet from centerline) of existing right-of-way abutting the site. Vacation Requests • The applicant has submitted an application to the City of Meridian requesting to vacate 3 - feet of ACHD right-of-way on each side of Pennwood Street for Troutner Park Subdivision No.2. The request for vacation is based on ACHD reducing the amount of right-of-way required for a commercial street section. In 1996, when the original application was made, ACHD required 60 -feet of right-of-way. The new requirement is 54 -feet of right-of- way for a commercial street section. • The applicant has also submitted an application to the City of Meridian requesting to vacate the right-of-way for 3`d Avenue. o Staff Analysis: ■ Third Avenue provides an important North/South connection to Franklin Road that is centrally located between the intersections 5th Avenue and 1st Avenue with Franklin Road. ■ Third Avenue provides an important North/South connection to the future extension of Corporate Drive. ■ The properties to the north of Troutner Park Subdivision have a high potential to be re -developed in the future. The properties to the south of Troutner Park are currently undeveloped. o Both requests will be acted on by the ACHD Commission after a public hearing. Approval of this plat does not indicate approval of the vacation requests. 9. Existing Access to the Site There are currently no driveways into the site, however, 5th Avenue and Pennwood Street provide access to the site. Pennwood is proposed to be extended, as was originally platted, to the east property line. This extension will provide a connection to the portion of Pennwood Street being constructed to the east and connecting with Meridian Road (see MPP01-018). 10. Site History In May 1996, the ACHD Commission approved Troutner Park Subdivision (MPP -2-96) with 18 site specific requirements. 11. Capital Improvements Plan/Five Year Work Program None of the adjacent streets are in the FYWP. Meridian Road is in the CIP; it is proposed to be widened to 3 lanes from Main to Fairview in 2019. 12. Other Development in Area/Miscellaneous: On March 14, 2002, staff approved on application for a 1 -lot commercial subdivision on approximately 2.4 -acres (Commercial Tire/ MPP01-018). With that application, Pennwood Street was required to be extended from Meridian Road to the eastern property line of Troutner Park Subdivision. 3 B. Findings for Consideration Right -of -Way District policy requires 54 -feet of right-of-way on industrial/commercial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 3 -lane roadway with curb, gutter and 5 -foot wide detached concrete sidewalks. The existing right-of-way is adequate. It is not necessary to acquire any additional right-of-way at this time. 2. Sidewalk District policy requires 5 -foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4.7). The applicant is proposing to construct the sidewalk on the north side of Pennwood Street as a detached sidewalk and on the south side of Pennwood as an attached sidewalk. If any portion of the constructed sidewalk is outside of the right-of-way, the applicant will need to submit an appropriate easement to the district. The applicant will need to construct 5 -foot wide (minimum) concrete sidewalk on each side of Pennwood Street and on each side of 3`d Avenue. The sidewalks will not be required to be constructed on 3`d Avenue if the vacation application is approved. 3. Driveways District policy F2 -F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. Specific driveway locations have not been proposed with this application, and none are approved with this application. The applicant indicated that a wider driveway may be desired for Lot 18, Block 2. Historically, the District has allowed an increase in driveway width of up to 40 -feet if the applicant's engineer can demonstrate be means of a template that a wider driveway is necessary. 4. Street Sections District policy 7202.8 and 72-F1 B, requires roadways abutting commercial developments to be constructed as a 40 -foot street section with curb, gutter and 5 -foot concrete sidewalk within 54 -feet of right-of-way. Pennwood Street is proposed to be constructed as a 40 -foot street section within 54 -feet of right-of- way. 4 If the vacation application is not approved for 3`d Avenue, 3`d Avenue will be required to be constructed as a 40 -foot street section. The street section can be constructed either within the existing 60 -feet of right-of-way, or the applicant may apply for a vacation of the 3 -feet of right-of-way on each side of 3'd Avenue to reduce the right-of-way width to the current standard of 54 -feet. C. Site Specific Conditions of Approval Construct a 5 -foot wide concrete sidewalk on each side of Pennwood Street located 2 -feet within the right-of-way. 2. Provide an easement to the District for any portion of the constructed sidewalks that extend outside of the right-of-way. 3. Construct Pennwood Street as a 40 -foot street section with concrete curb and gutter. 4. Either vacate 3`d Avenue or construct it as a 40 -foot street section with concrete curb, gutter, and a 5 - foot wide (minimum) sidewalk. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant 5 shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 0 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD. staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. E�? ,am (ioswrw -fratlo rr co March 16, 2007 TO: Babichenko LLC 6145 Corporal Ln. Boise, ID 83704 SUBJECT: MCZC-06-178MOD Modification 503 SW 5th John S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner David Bivens, Commissioner Carol A. Mckee, Commissioner RECEIVED MAR 1 1.1 Zdo'/ City of Meridian City Clerk Office On 12-3-2003, the Ada County Highway District Commissioners acted on MPP03-034 for Troutner Park Subdivision Re -Plat. The conditions and requirements also apply to MCZC-06-178MOD. • Prior to final approval you will need to submit plans to the ACHD Development Review Department. • A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. If you have any questions or concerns please feel free to contact this office at (208) 387-6177. Sincerely, Chelsee Kucera Planning Intern Right -of -Way and Development Services CC: Project File Lead Agency: City of Meridian James Gupson Assoc. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us Ada County Highway District Right -of -Way & Development Department Planning Review Division This application requires Commission action because of the proposed changes to the platted roads. This item was on the consent agenda on December 3, 2003 at 12 noon. Tech Review for this item was held with the applicant on November 14, 2003. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Lori Den Hartog, Phone: 387-6174, E-mail. Idenhartog(cDachd. ada. id. us File Numbers: MPP03-034—Troutner Park Re -Plat Site address: South of Franklin Road, West of Meridian Road Applicant: Mary Ballantyne 10250 Whisper Cliff Boise, Idaho 83704 Representative: Keller and Associates, Inc. 131 SW 5t' Avenue, Suite A Meridian, Idaho 83642 Application Information: The Ada County Highway District (ACHD) staff has received the above referenced application requesting preliminary plat approval for a re -plat of Troutner Park Subdivision. The re -plat of Troutner Park Subdivision includes approximately 17 -acres of the original 39 -acre development, and if approved, it would reduce the number of building lots by 11. The site is located on the south side of Franklin Road approximately % mile west of North Meridian Road. Acreage: Current Zoning: Buildable Lots: Common Lots: Vicinity Map 17.26 C -G 6 commercial lots 1 lot (along the Eight mile Lateral) A. Findings of Fact Trip Generation: This development is estimated to generate 1,920 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. For a business park development, trips are calculated based on a percentage of use per 1,000 square feet. Although the number of lots is proposed to be reduced, that does not necessarily translate into a reduction in the number of vehicle trips. The original trip generation information for Troutner Park Subdivision, including the 17.26 -acres involved in this request, indicated that 5,900 additional vehicle trips per day would be generated by the entire development. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. A traffic impact study was submitted with the original Troutner Park Subdivision application in 1996, and took into account the impact of developing the current site. 4. Site Information: The site, although platted, is currently undeveloped. The applicant entered into a "Nondevelopment Agreement" with the Ada County Highway District in June 1997 for the same lots involved in the current application. Because of the Nondevelopment Agreement, the improvements for the eastern portion of Pennwood Street and all of 3`d Street were never constructed. 5. Description of Adjacent Surrounding Area: Direction Land Use Zoning North 5.0 & 3.5 -acre 5rcels C -G South 3 undeveloped parcels equaling 8.6 -acres under same ownership) C -G East I Apartment Complex R-15 West I Troutner Park Subdivision L -O 6. Impacted Roadways Roadway Frontage Functional Classification Traffic Count Level of Service Speed Limit Pennwood Street 792' Local/Commercial No counts available N/A 25 MPH West 5 Avenue 250' Local/Commercial No counts available N/A 25 MPH Franklin Road None Minor Arterial 17,518 W of Meridian on 5/9/00 Better than "CIO 35 MPH Meridian Road None Minor Arterial 14,939 N of Corporate on 2/7/01 Better than "C" 30 MPH 7. Roadway Improvements Adjacent To and Near the Site • Fifth Avenue is improved with 2 driving lanes, 1 center turn lane, curb, gutter, and sidewalk adjacent to the site. • Pennwood Street is improved with 2 driving lanes, 1 center turn lane, curb, gutter, and sidewalk adjacent to the site. However, Pennwood Street within the site is not constructed. • Third Avenue is not constructed within the site. 8. Existing Right -of -Way • Fifth Avenue has 60 -feet (30 -feet from centerline) of existing right-of-way abutting the site. • Pennwood Street has 60 -feet (30 -feet from centerline) of existing right-of-way abutting the site. • Third Avenue has 60 -feet (30 -feet from centerline) of existing right-of-way abutting the site. Vacation Requests • The applicant has submitted an application to the City of Meridian requesting to vacate 3 - feet of ACHD right-of-way on each side of Pennwood Street for Troutner Park Subdivision No.2. The request for vacation is based on ACHD reducing the amount of right-of-way required for a commercial street section. In 1996, when the original application was made, ACHD required 60 -feet of right-of-way. The new requirement is 54 -feet of right-of- way for a commercial street section. • The applicant has also submitted an application to the City of Meridian requesting to vacate the right-of-way for 3`d Avenue. o Staff Analysis: ■ Third Avenue provides an important North/South connection to Franklin Road that is centrally located between the intersections 5th Avenue and 1st Avenue with Franklin Road. ■ Third Avenue provides an important North/South connection to the future extension of Corporate Drive. ■ The properties to the north of Troutner Park Subdivision have a high potential to be re -developed in the future. The properties to the south of Troutner Park are currently undeveloped. o Both requests will be acted on by the ACHD Commission after a public hearing. Approval of this plat does not indicate approval of the vacation requests. 9. Existing Access to the Site There are currently no driveways into the site, however, 5" Avenue and Pennwood Street provide access to the site. Pennwood is proposed to be extended, as was originally platted, to the east property line. This extension will provide a connection to the portion of Pennwood Street being constructed to the east and connecting with Meridian Road (see MPPO 1-018). 10. Site History In May 1996, the ACHD Commission approved Troutner Park Subdivision (MPP -2-96) with 18 site specific requirements. 11. Capital Improvements Plan/Five Year Work Program None of the adjacent streets are in the FYWP. Meridian Road is in the CIP; it is proposed to be widened to 3 lanes from Main to Fairview in 2019. 12. Other Development in Area/Miscellaneous: On March 14, 2002, staff approved on application for a 1 -lot commercial subdivision on approximately 2.4 -acres (Commercial Tire/ MPP01-018). With that application, Pennwood Street was required to be extended from Meridian Road to the eastern property line of Troutner Park Subdivision. 3 B. Findings for Consideration Right -of -Way District policy requires 54 -feet of right-of-way on industrial/commercial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 3 -lane roadway with curb, gutter and 5 -foot wide detached concrete sidewalks. The existing right-of-way is adequate. It is not necessary to acquire any additional right-of-way at this time. 2. Sidewalk District policy requires 5 -foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4.7). The applicant is proposing to construct the sidewalk on the north side of Pennwood Street as a detached sidewalk and on the south side of Pennwood as an attached sidewalk. If any portion of the constructed sidewalk is outside of the right-of-way, the applicant will need to submit an appropriate easement to the district. The applicant will need to construct 5 -foot wide (minimum) concrete sidewalk on each side of Pennwood Street and on each side of 3`d Avenue. The sidewalks will not be required to be constructed on 3`d Avenue if the vacation application is approved. 3. Driveways District policy F2 -F4 (1) and 72-F4 (2), requires driveways located on commercial/industrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50 -feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. Specific driveway locations have not been proposed with this application, and none are approved with this application. The applicant indicated that a wider driveway may be desired for Lot 18, Block 2. Historically, the District has allowed an increase in driveway width of up to 40 -feet if the applicant's engineer can demonstrate be means of a template that a wider driveway is necessary. 4. Street Sections District policy 7202.8 and 72-F1 B, requires roadways abutting commercial developments to be constructed as a 40 -foot street section with curb, gutter and 5 -foot concrete sidewalk within 54 -feet of right-of-way. Pennwood Street is proposed to be constructed as a 40 -foot street section within 54 -feet of right-of- way. 4 If the vacation application is not approved for 3`d Avenue, 3`d Avenue will be required to be constructed as a 40 -foot street section. The street section can be constructed either within the existing 60 -feet of right-of-way, or the applicant may apply for a vacation of the 3 -feet of right-of-way on each side of 3`d Avenue to reduce the right-of-way width to the current standard of 54 -feet. C. Site Specific Conditions of Approval Construct a 5 -foot wide concrete sidewalk on each side of Pennwood Street located 2 -feet within the right-of-way. 2. Provide an easement to the District for any portion of the constructed sidewalks that extend outside of the right-of-way. 3. Construct Pennwood Street as a 40 -foot street section with concrete curb and gutter. 4. Either vacate Td Avenue or construct it as a 40 -foot street section with concrete curb, gutter, and a 5 - foot wide (minimum) sidewalk. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant 5 shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines D Page 1 of 1 Sonya Watters From: Sonya Watters Sent: Tuesday, September 25, 2007 11:52 AM To: 'midwaydistdbuting@hotmail.com' Subject: Troutner Building A Paul, I spoke with Caleb Hood, the Planning Manager, and he said the best we can do is issue a temporary occupancy and get surety from you in the form of a Letter of Credit for the cost of installing the landscape buffer along 5th Avenue. You would also need to submit a bid for the cost of the buffer installation and landscaping. The Letter of Credit would need to be 110% of that amount. The longest period of time that we can grant a temporary occupancy is 180 days (6 months) and I don't believe that would allow you enough time. Let me know if you want to go this route. Thanks, st)vtn Watters Acsooiate CitU T>1nvw er CITY OF MERIDIAN 660 E. mitertower Street, Suite 202 Mer,44CIV,, Idaho 83642 208.884.5533 PhOKt --- 208.222.6254 FRY, 9/25/2007 l Sonya Watters From: Sonya Watters Sent: Tuesday, September 25, 2007 11:02 AM To: 'midwaydistdbuting@hotmail.com' Subject: Troutner Building A Paul, Page 1 of 1 I inspected the site yesterday and need the following items to be completed before I can sign off for occupancy: * Parking lot needs to be striped * Handicap signs must be installed " Fencing needs to be fixed along north boundary • Street buffer landscaping needs to be installed along 5th Avenue * All street buffers and planter islands have to have to be vegetated with either grass or groundcover that results in 70% coverage at the time of maturity. (The plants in the islands & buffer along the north boundary did not appear to contain enough plants to meet this requirement.) Let me know if you have any questions. Thanks, SDV"& Watters Assor,'Wte CltU PlnnKtr CITY OF MERMIAN 660 e. WAtertDWEr StrCCt, Suite 202 Mer%d%Aw, 16;100 83642 208.884.5533 T>hMC — 208.888.6854 FAX 9/25/2007 (J NACHO'S LANDSCAPING, LLP September 24, 2007 :hcnko LLC Co,eporal Lane ID 83704 Whom It May Conccrn: Location 503 SW 5"1' St, Meridian ID 83642, All landscaping as per plan is finished �f lyou have :erns call builder at 208-941-3448, Sincerely, Nacho CEO 2172 W WILLUW POIN'P AVG- NAMPA, lOAHO - 93651 PIIONG: 268-577-8708 •298.407-511t f Z ((, Urn CU �CITY OF 1 CUC ; Z7 It IDAHO CERTIFICATE OF ZONING COMPLIANCE* Date: January 3, 2007 Project Name/Number: Troutner Building A — CZC-06-1,78 Owner: Pavel and Gennady Babichenko Site Address: 503 S.W. 56 Avenue (Lot 12, Block 1, Troutner Park Subdivision) Proposed Use: One (1) New 7,200 square foot Office Building F Zoning:_ L O (Limited Office) Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances, the existing Development Agreement (list. No. 97044077) and Conditional Use Permit (CUP -06-038 ) for Troutner Park Subdivision, and previous conditions of approval. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for this site. NOTE: This is not a Building Permit. Prior to any Site Plan: The Site Plan prepared by James Gipson Associates, on September 7, 2006, labeled Sheet. 1, is approved (stamped "Approved" on January 3, 2007 by the Meridian Planning Department) with no changes. Landscape Plan: The Landscape Plan prepared by James Gipson Associates, on September 7, 2006, labeled Sheet 2, is approved (stamped "Approved" on January 3, 2007 by the Meridian Planning Department) with no changes. The approved landscape plan is not to be altered without prior written approval of the Planning Department, no field changes to the landscape plan are permitted without prior approval. A written certificate of completion shall improvements, including plant materials and sprinkler installation are in substantial compliance with the ap ro oved landscapeljan. Elevations: The elevations prepared by James Gipson Associates (Landscape Plan, Sheet 2, dated 9/7/06) are approved with no changes from the Planning Department. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas perthe 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, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11-313-10-C.5. Par ' : The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance with ADA standards. Carbine: Per UDC 11-313-5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-313-11 and UDC 11-3A-18. Fencine: Any required orproposed fencingshall be installed withcurrent fencing standards as defined in UDC I I - 3A -7. Li tin : Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Simaee: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-313. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance; All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy; All required improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape deer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate ofCompletion shall verifythat all landscape improvements, including plantmaterials and sprinkler installation, are in substantial compliance withthe approved landscape plan A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for the changes mentioned above, the approved Site Plan and Landscape Plan stamped "Approved" on January 3, 2007, are not to be altered without prior written approval ofthe Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. trirx & &A-1--kAX Sonya Walters Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. 113 a S r „t Nla CI.:wYN{� �y'r t �11Pr Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance, Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant Information Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: Filenumber(s): LZ C —oh- I ql!y� ^� Project name: T f Dw� 6J� (Q � A Date filed: 'Z/Date complete: Assigned Planner: 6o13 �'nW Relatedfiles: GUP-Yb- 038 Applicant name: Bahitbenka LLC Phone: 375-7827 Applicant address: 6145 Corporal Lane Zip: x3704 Applicant's interest in property: 14Own ❑ Rent ❑ Optioned ❑ Other Owner name: Pavel and Gennady Babichenko Phone: 941-3448 Owner address: 5259 North Lolo Pass Ave Zip: 83642 Agent name (e.g., architect, engineer, developer, representative): James Gipson Firm name: James Gipson Assoc. aJ"r_hQbR-Smart. net Phone: 939-0236 Address: P.O. Box 219, Eagle, ID Zip: 83616 Primacy contact is: ❑ Applicant 1D Owner ❑ Agent ❑ Other Contact name: Pavel Babichenko Phone: 941-3448 E-mail: Midwaydistributing@hotmail.com Fax: 375-9191 Subject Property Information Location/streetaddress: 503 SW 05th AVE Meridian, ID 83642 Assessor's parcelnumber(s): R8533751200 Township, range, section:,. 3 N 1 W 13 Total acreage: 1,152 Current land use: Undeveloped Current zoning district: L -O 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meri(ftmcity ore 1 Project Description Project/subdivisionname: Troutner Building A General description of proposed project/request: PV7,200 sf. office buildings w/ associated drives, parking, landscaping Proposed zoningdistrict(s): L -O (existing) Acres of each zone proposed: 1 .15 2 Type of use proposed (check all that apply): ❑ Residential ❑ Commercial Wffice ❑ Industrial ❑ Other Amenities provided with this development (if Who will own 8c maintain the pressurized irrigation system in this development? Property owner Which irrigation district does this property lie within? Nampa Meridian Irrigation Dist. Primary irrigation source: City water Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):1fi __ 007 s f Residential Project Summary (if applicable) N / A Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): — Gross density (DU/acro-total land): Percentage of open space provided: Percentage of useable open space: _ 2 or more Bedrooms: Proposed building height: _ Average property size (s.£): 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: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 1 Other lots: N / A Gross floor area proposed: (21 @ 7.200 Existing (if applicable): N / A Hours of operation (days and hours): 8AM-5PM M—F Building height: 28' to roof ridge Percentage of site/project devoted to the following: Landscaping: 31.9 Building: 28.7 Paving: 32.1 Total number of employees: 12 Maximum number of employees at any one time: 12 Number and ages of students/children (if applicable): N/A Seating capacity: N / A Total number of parking spaces provided: 35 Number of compact spaces provided: —0— Print applicant name: Applicant signature: _ Phone: (208) Date: tenower Lane, Suite 202 • Meridian, Idaho 83642 • Facsimile: (208) 888-6854 • Website: www.mendiancity.org 2 JAMES GIPSON ASSOCIATES architecture • planning 3B NORTH FIRST STREET, P.O. BOX 219 EAGLE, IDAHO 83616 phone (208) 939-0236 fax (208) 939-0211 NARRATIVE September 13, 2006 Meridian Planning Department City of meridian 660 East Watertower Lane, Suite 220 Meridian, ID 83642 Project No. 0652 Troutner Buildings A & B Lot 12, Block 1, Troutner Business Park Meridian, Idaho Dear Planning Staff: This will explain our request for a Certificate of Zoning Compliance for this project. The project is to develop Lot 12, Block 1, Troutner Business Park, Meridian, Ada County, Idaho. There are to be two (2) office buildings, each approximately 7,200 s£, single level, with associated drives, parking, and landscaping. The project will be phased, with Phase I to include Building "A" (westernmost building), and the site development consisting of drives, parking, trash enclosure, site landscaping. The buildings are to be virtually identical, with Phase R to follow as soon as market conditions warrant. The buildings are to be relatively low profile, with hip roof design (architectural fiberglass shingles), brick and cast stone exterior, similar to the existing adjacent building. Exterior lighting is limited to soffit "down" lighting, avoiding glare onto other properties or the public right-of-way. No light sources with output greater than 1,800 lumens are proposed. The use(s) of the buildings will be offices, compatible with adjacent uses and in compliance with the L -O zone requirements. Hours of operation are to be within normal business hours. The parking planned (35 spaces for 14,400 sf. of proposed building) will be sufficient for the planned use(s). All drive/parking areas will be paved and marked for parking. Concrete walks will provide access to the buildings from the street and parking areas. The existing landscaping at the western portion of the site will be retained and protected during construction. The proposed landscaping is intended to enhance the site and area; trees are selected from the list of approved trees for this area, and are of species requiring minimal water, relatively free of disease and pest problems, and not likely to generate excessive mess. Other plant materials are commonly used in the area, easy to maintain in a healthy, attractive condition. All landscape planting areas will be served by an automatic underground irrigation system. We believe that the design proposed is in full compliance with all zoning requirements, and respectfully request your approval of this request for Certificate of Zoning Compliance. Thank you for your assistance and consideration. With best wishes, JAMES GIPS�ON ASSOCIATES James'9ipson; Project Architect YY/ A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 703 S. Americana, Suite 190 / Boise, Idaho 83702 (208)373-3744 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 3.00 1 BOISE IDAHO 04/12/05 04:41 PM RECORDED nREQUESTOF III I�II�II�II�III�II�IIIIIIIIIIIIIIII Pioneer 105044164 CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Troutner Business Park Development Corporation, an Idaho corporation a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto Babiehenko LLC, an Idaho limited liability company whose address is: 6145 Corporal Lane, Boise, ID 83704, grantee, the following described real estate, to -wit: Lot 12 in Block 1 and Lot 1 in Block 5 of Troutner Park Subdivision, according to the plat thereof filed in Book 75 of Plats at Pages 7762 thin 7764, records of Ada County, Idaho. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions, U.S. patent reservations, easements of record and easements visible upon the said premises. TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its officers this 11th day of April, 2005. Troutner Business Park Development Corporation Majtry Balla type, President ecretry David L. Nordling, Vice -President/ easurer Mani STATE OF IDAHO, County of Ada, ss. On this / "' day of Apri;, in the year of 2005, before me Janet L. Blosch, a notary public, personally appeared Mary Ballantyne and David L. Nordling known or identified to me to be the PresidentlSecretary and the Vice- President/Treasurer of the corporation that executed the instrument or the person/persons who executed the instrument on behalf of said corporation, and acknowledged to line that such corporation executed the same. Notary Public of IDAHO Residing at Boise, Idaho Commission expires:: /5 ' �D >. �T b a T e a -x5 Notary Public of IDAHO Residing at Boise, Idaho Commission expires:: /5 ' �D IDSOS Document �' Page 1 of 1 251 ARTICLES OF ORGANIZATION FILEDEFFECTIVE LIMITED LIABILITY COMPANY 0-5 MAR 25 Pn 121 a9 (Instructions on back of application) 1. The name of the limited liability company is: STAI.. OF UANQ Babichenko LLC 2. The street address of the initial registered office is: 6145 Corporal Lane. and the name of the initial registered agent at the above address is - Pavel Babichenko 3_ The mailing address for future correspondence is: l 6145 Corporal Lane/ Boise; ID 83704' 4: Management of the limited liability company will be vested in Manager(s) ❑ or Member(s), d❑ (picric Check the dppiuplak, We) 5. If management is to be vested in one or moremanager(s). list the name(s) and address(es) of at least one initial manager. If management is to be vested in the member(s), list the name(s) and address(es) of at least one: initial member. Name Pavel Babichenko 6145 Corporal Lane Gennady Babichenko 6145 Corporal Lane Address n 6. Signatureofat)son rnesonresp. iblefor forming the limited liability company : Signature: �� - f Sevelaiy al Smte use oNy Typed Name: Pa I Babichenko a Capacity' CED -- — Signature Typed Name: Capacity:. .5 9 <. I0A08 SECAETWY 8F SrATE r83/25I8Br35 95_66 C0: 501485 CT: 172099 011:: 810124 3 1 0100.00 = 101.60 AASAM. LLC A 2 [.) 37g64 http://www.accessidaho.org/public/soslcorp/search.html?ScriptForm.staytstep=docview& S... 9/15/2006 r AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Paved &k & (,h Po1c0 /Q lnLv Xu -e. (name)(address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: James Gipson P O Box 219, Eagle, ID 83616 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. 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