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Meridian Professional Offices CZC 06-202CITY OF 4t IDAHO SIRES 1903 NOTE: This is not a Building Permit. Prior to any construction, you shall contact the Building Department at (20 8) 887-2211 to verify if any additional permits and/or inspections will be required by the Building Department. CERTIFICATE OF ZONING COMPLIANCE* DEC 0 8 2006 Ity, ofMeridi � t., o _ an Project Name/Number: Meridian Professional Offices — CZC-06-202 Owner: John Homan Site Address: 2815 North Meridian Road, MeridianID 83642 Proposed Use: Zoning: L -O Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and the conditions of approval for the Destination Place Subdivision. Issuance of this permit does not release the applicant from any previous requirements of other permits issued for this site. The issuance of this permit does not release the applicant from any requirements of the approved Zoning (RZ-06-005), as well as any Development Agreements recorded for this site. Because users for this building are not proposed at this time, any future tenants must obtain tenant improvement sign off from the Planning Department prior to receiving Occupancy. RZ-06-005: The following were approved conditions of approval for rezoning.of the subject site: 1) Office hours of operation shall be restricted from 7:00 a.m. to 7:00 p.m. 2) The site shall house no more than four office structures. Said structures shall be limited to a single -story and each total no more than 3,270 square feet in area. 3) The facade shall contain stucco and brick accents. Site Plan: The Site Plan prepared by LKV Architects on November 1, 2006, Sheet Numbers SL -1.1 and SL - 1.2, is approved (stamped "Approved" on December 7, 2006, by the Meridian Planning Department) with the following changes (see redline changes on plan): 1) Per UDC 11-3C-5, all two-way drive aisles shall be a minimum of twenty-five feet (251 in width. Please account for this UDC requirement. 2) UDC 11-3C-5 also requires all 90 parking stalls to be at minimum nine feet (9') wide by nineteen feet (191 deep When a bumper overhangs onto a sidewalk or landscape area, said parking stall dimensions may be reduced two feet (21 in length if two feet (2') is added to the width of the sidewalk or landscaped area Please account for this UDC requirement. 3) Per UDC 11 -3C -5B-3, all parking areas shall be provided with wheel restraint (i.e. wheel stops) to prevent cars from overhanging beyond the designated parking stall dimensions. Please account for this UDC requirement. The approved site plan is not to be altered without prior written approval of the Planning Department. Landscape Plan: The Landscape Plan prepared by LKV Architects on November 1, 2006, Sheet Number SL - 2.1, is approved (stamped "Approved" on December 7, 2006, by the Meridian Planning Department) with the following changes (see redline changes on plan). Please note that these landscaping changes apply to the entire site. 1) Per UDC 11 -3B -8C -lb, the perimeter landscape buffer shall be planted with one (1) tree per thirty-five (35) lineal feet Provide two (2) additional trees along the south property boundary, four (4) along the west boundary, and four (4) along the north boundary. 2) As the west and south property boundaries abut a residential zoning district, UDC 11 -313 -9C -lb requires the landscape buffer to function as a barrier where tree canopies will touch at the time of maturity. Provide trees species along said boundaries that will meet this requirement. 3) Per UDC 11 3B 5I, all planting areas that border driveways, parking lots, and other vehicle use areas shall be protected by curbing, wheel stops, or other approved protective devices. These devices shall be a minimum of thirty inches (30") from all tree trunks to prevent cars from damaging tree trunks Account for this UDC requirement, if necessary. The approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of ExistingTrees: rees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-313-10, 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 -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 per ADA and signed appropriately. Curbing: Per UDC 11 -3B -5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Fencing: The 6 -foot tall masonry fence shall be installed with current fencing standards as defined in UDC 11-3A-7. Li hg ting: Lighting shall not cause glare or impact the traveling public or neighboring development. Comply with all lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. The Meridian Fire Department requires a minimum five foot (5') separation between any building and the dumpster enclosure. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: The applicant shall receive approval from ACHD for all access to / from the subject site: 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. All impact fees, if any, shall be paid prior to the issuance of a building permit. Certificate of Completion: 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. Plan Modifications: Except for the changes mentioned above, the approved Site Plan and Landscape Plan stamped "Approved" on December 7, 2006, 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. f Amanda Hess Associate 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. t!' A �.�Yl eY1�1G{i? •.�� z, PIanning Department IDAHO s'", ADMINISTRATIVE REVIEW APPLICATION IS9] T @� q CI'i"j afiO �; Type of Review Requested (check a ltli� -�apply) , �_ ❑ Accessory Use ❑ Alternative Compliance .Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other ilicant Information STAFF USE ONLY: File number(s): Project name: QSr,; Date filed: -2 'b4 Date complete Assigned Planner- �p6L /A SS Related files: Applicant name: tun L 1 W ► - I1" -1 Applicant address: 2OlG% N - M"O It - V9• Mi�? 11ANk Ip Applicant's interest mg ►,i�nprope�rrty: KOwn ❑ Rent ❑ Optioned ❑ Other JO[Ownername: Vm•P`,'` {� Owner address: 20� \N • \ f"�ff y��t • MMO W I � V ME-9111 ms"10 Agent name (e.g., architect, engineer, developer, representative): ITV,/JT-n,� Firm name: i.K v WM � ITS/' J A Phone: [�l�j� 6 Address: 11' Irv_r% �. 1N a'f Zip: Primary contact is: ❑ Applicant ❑ Ownef flAgent ❑ Other /y Contact name: botbKN ISM \/W Phone: E-mail: _ &f v0� J0 I..K 1 ��' /A t-1 Fax: Information Location/street address: Assessor's parcel number(s): �J Township, range, section: ?7 W- O Total acreage: � • Doi 0020 Current land use: Current zoning district: L 0 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 9/21/06) Project/subdivision name: Cl GF1VII'" 1 General description of proposed project/request: Ant_7G(Af/Yi MbrL VKk1/t1lT7_-. 1• Proposed zoning district(s): 114M G L Acres of each zone proposed: 1-061 Type of use proposed (check all that apply): ❑ Residential ❑ Commercial KOfce ❑ Industrial ❑ Other Amenities provided with this development (if applicable): t4l Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? -�NP�MI�P� M 1b1Pa�i W1tVXN' 100 etSfil�lrl"' Primary irrigation source: M. � OkO "MlSecondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 20 �/• f Residential P oject Summary (if applicable) _. Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (0): 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 applica,�b-lle,), Number of building lots: 1 �- 1T� U N 1 \ " Other lots: Gross floor area proposed:r % �- Vr. Existing (if applicable): Hours of operation (days and hours): -t NM — -1 Building height: 17/t"'�tl Percentage of site/project devoted to the following: S Landscaping: 41 � l--- Building: 2� (O �' Paving: Total number of employees: Maximum number of employees at any one time: a Number and ages of students/children (if applicable): N Seating capacity: a� Total number of parking spaces provided: '� Number of compact spaces provided: C% Authorization Print applicant name: Applicant signature: . Phone: Date: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 A R C H I T E C T S LEATHAM KROHN VAN OCKER 14 November 2006 City of Meridian Planning-and.Zoning Department 660 E. Watertower Ln. Ste. 202 Meridian, Idaho 83642 Re: Certificate of Zoning Compliance. Meridian Professional Offices We are pleased to submit the following application for Certificate -of Zoning Compliance for Meridian Professional Offices. Meridian Professional Offices will consist of four small office buildings, on approximately 1.04 acres. The property has recently been rezoned from R-4 to LO- (Light Office). The office building shall be of two types, two = 2,950 square foot and two 3,080 square foot single story structures. The design of the building shall be compatible with the surrounding residential buildings with use of stucco and stone. The overall height of the buildings would be less than that of the adjacent two story residential homes. In accordance with the development agreement W 06-005) a six-foot tall masonry fence will be constructed at the Owners expense at the South and West property lines. Vehicular access shall be restricted to Sedgewick Drive except for emergency access. The intent of this project is to develop the buildings with the focus on office space for medical professionals, accountants, attorneys, etc. Uses that are very low impact, with minimal vehicle trips and limited hours of operation. The LO zone would act as a buffer zone protecting the residential use. froma roadway that is quickly growing in. intensity. By developing small office space adjacent to arterial 1 -collector roadways and residential developments the number of vehicle trips to and from such compatible uses can be decreased. DARRELL LEATHAM - KENT KROHN - AMBER VAN OCKER - SCOTT MARSHALL - WAYNE THOWLESS 1735 FEDERAL WAY, BOISE, IDAHO 83705 PHONE 208-336-3443 FAX 208-336-3680 EMAIL LKV@LKVARCHITECTS.COM We are pleased to request approval of this application and feel that with this development wpiece of property that -is currently in transition will be -designed to achieve an appropriate buffer between high impact roadway and a low impact residential subdivision. If you have any further questions please do not hesitate to contact me. Respectfully, ARCHITECTS LEATHAM KROHN VAN OCKER 14 November 2006 City of Meridian Planning and Zoning Department 660 E. Watertower Ln. Ste. 202 Meridian, Idaho 83642 Re: Certificate of Zoning Compliance Meridian Professional Offices This letter is to address the subject of location and, specifications for underground irrigation. An underground, pressurized irrigation system shall be installed to all landscaped areas per the following guidelines and in accordance with UDC 11-3A-15. 1. All landscaped areas whall have an automatic underground sprinkler system which insures complete coverage and properly zoned for required water uses. Each hydro - zone is to be irrigated with separate individual stations. 2. Planter beds and lawn areas are to have separate hydro -zones. 3. Pop up sprinkler heads shall have a minimum riser height of 4" at lawn area and 18" at planter beds. 4. Planter beds are to have drip irrigation systems or pop up spray systems. Annuals, perennials ground covers or shrub massing shall have a pop up spray system. 5. Electronic water distribution / timing controllers are to be provided. Minimum controller requirements are as follows; Precise individual station timing Run time capabilities for extremes in precipitation rates At least one program for .each hydro -zone Sufficient multiple cycles to avoid water run off Power failure backup for all programmed individual valved watering stations will be designed and installed to provide water to respective hydro -zones 6. Individual watering stations will be designated and installed to provide water to respective hydro -zones. 7. The irrigation system shall be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. 8. Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways and parking areas. DARRELL LEATHAM - KENT KROHN - AMBER VAN OCKER - SCOTT MARSHALL - WAYNE THOWLESS 1735 FEDERAL WAY, BOISE, IDAHO 83705 PHONE 208-336-3443 FAX 208-336-3680 EMAIL LKV@LKVARCHITECTS.COM 9. Provide minimum (1) quick coupler valve per each (6) automatic valve zones. Approve Q.C.V. locations with architect. If there are any questions please feel free to contact either Scott Marshall or myself in our office. Respectfully, Brook Thornton LKV Architects CD :1 O OOOOOOO OOO OO ®Oq®© I 1111§1 IIIc 9"11 m B € � si!", glt. i€s :SY D O OOOOOOO OOO OO ®Oq®© €� z B € LEATHAM - RC TECTS men sslonal vmcesmces .�. ARCHITECTS O !!100 O ll -,!4 O e ,/1 Sidewalk Edge ,1 Curb and Gutter Detail^, Pavement / Sidewalk or Ramp Edge /,1 Sidewalk Edge ecue++rr•+v �j-.: aw%., wae+vr-ry ar_:a Pavement ! Sidewalk Edge awa+ur•+v n Sign Post and Footing wic'wewe'e� ers"ia'e,ev Peree ri�n ae m MPI6Y.•m DT oaeLe 9 e.Lv. w ,vaa�neer werew Y EdL 4e! PLLGN lele MM TLT eqL MD edl GLrE rmL Mewrd AIir1✓0 PQ71 GLLL CL LISlF raLere aE Fiji P..>G oar+men Tree Staking Detail ,rte Handicap Ramp Detail I I a wme Port a��erra� +e.orawaroi ,� Handicap Stall Emblem 0 X11'III''II'IIII'III'I'IIIII�11�' �je e e e:w�w • 0 10 n Asphalt Edge er�aP•ra General Notes .� nane,_ rarer Reference Notes (D—.—,— (D-- Pavement i rvu,crao,wwe >av M Rop — SEDGEWICK DRIVE — _ — — — — — — — — £l=25 — -- - SITE DATA eEe1. a6TEEl ifOE6. AfE. 6]e R. eeD�DD�D�ee,�ere�a mR. �e�.r�r��De��.r� ]•R m LANDSCAPE PLAN rxa w . re �1 Tree Pla rre:e r�eoevanw GENERAL NOTES ru.eAn ietlG<re. NG�1WL 6>PDR,�DAA Ytp! M MOTrtOu,G nunAnreeD tni¢aY TP1 > Da�Nf�rDaroDD..b�rAAD.,a ee > au rt..wrnD.vxm o¢err rupee roioeeDµ•T R rose ]roc eoiAro� see euty xaa oer.a i row Tree r�urrw DeTAiI REFERENCE NOTES Aerwu.r raves - Q� .aae `r&°m're=.ot•. teaw uu Q m,T.to ,� ro ee r:eveD. � e>aer,• rPee ro iffT,... � fwaeecr�2 © n.enmr rwrers 0 rwir.n.aa=.. see uw,c.rw M�fa Q rn•]reiaR �Ne � a urn ernes. n9nu Detail SITE DATA rARab sr ii eraauao eu�u mnmcnwttDCAVArrctr aero w��'�• rorx rAYc,n rx+•nom� Ei001M9io,�e rere�een ��. utewaia rawoaD marweriw oear�.errw:o mens wr uwrsron� aN�l1i fG�O NOr eE Db111®m rA9aG � !� es. ^B1CDO" ,neMors t..eoe�uPrG nraa. o en. Plant Index PLAW SOENT C NAME CQTIDN NAME rAZE AT MANRnT ajWMY OteereatrPYterfe !e4 yf ryn t ,raantr.Mr nmrwRtvr leyY Ytp � Ae•peW MVYi` Thr teaety� t l-�1 Yoe•wY xyretr Ibrbte�Ygrr reps nqr - t.u...�..•...n.e n.evwer fey. n Q deyraeew�Anrrrr i�Ma� eµl. N • Fba,eVal3rbW �erFb� T1q Y Q +► beum.Yra.w mD4+ror ]ar,i tcgn - n • NPns�� Dryriny�eY s•I/ei e PA PY09Ma Te+]Mra�d.Yr. - t+pYrm P�er.tss - 11-15-'06 12:07 FROM -SSC 2088885052 �� ^v'vfl ILIO NAfi/'f x.MM •f•�� `myni:iui _ 81D1LN7uv •I•I� 3-ijoIJad-:Pi1eW uOONVA-WIM-NVHLV31 T-947 P001/002 F-385 Zr � �Y- �► CL CL c�nmv —, • i H T-947 P001/002 F-385 Zr � �Y- �► CL CL c�nmv —, • i I JI -----..—.._..._.._..:._............ ........ T-947 P001/002 F-385 Zr � �Y- �► CL CL c�nmv lot C DNvirs, G'o�.N,G7t`ul�o 5'�ca January 10, 2007 TO: John Homan 2035 W. Wapoot Dr. Meridian, ID 83642 SUBJECT: MCZC-06-202 Meridian Prof. Offices 2815 N. Meridian Rd. John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner City of Meridian City clerk Office On 6-1-2006, the Ada County Highway District Commissioners acted on MRZ-06-005 for Rezone. The conditions and requirements also apply to MCZC-06-202. • 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, `'hP�QGc �UCLt� Chelsee Kucera Planning Intern Right -of -Way and Development Services CC: Project File Lead Agency: City of Meridian LKU Architects Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www acted ada id us J t _ UCITY OP = ►i IDAHO NOTE: This is not a Building Permit. Prior to any construction, you shall contact the Building Department at (208) 887-2211 to verify if any additional permits and/or inspections will be required by .the Building Department. CERTIFICATE OF ZONING COMPLIANCE* Date: December 7, 2006 Project Name/Number: Meridian Professional Offices — CZC-06-202 Owner: Site Address: 2815 North Meridian Road Meridian ID 83642 Proposed Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and the conditions of approval for the Destination Place Subdivision. Issuance of this permit does not release the applicant from any previous requirements of other permits issued for this site. The issuance of this permit does not release the applicant from any requirements of the approved Zoning (RZ-06-005), as well as any Development Agreements recorded for this site. Because users for this building are not proposed at this time, any future tenants must obtain tenant improvement sign off from the Planning Department prior to receiving Occupancy. RZ-06-005: The following were approved conditions of approval for rezoning.of the subject site: 1) Office hours of operation shall be restricted from 7:00 a.m. to 7:00 p.m. 2) The site shall house no more than four office structures. Said structures shall be limited to a single -story and each total no more than 3,270 square feet in area. 3) The fagade shall contain stucco and brick accents. Site Plan: The Site Plan prepared by LKV Architects on November 1, 2006, Sheet Numbers SL -1.1 and SL - 1.2, is approved (stamped "Approved" on December 7, 2006, by the Meridian Planning Department) with the following changes (see redline changes on plan): 1) Per UDC 11-3C-5, all two-way drive aisles shall be a minimum of twenty-five feet (25') in width Please account for this UDC requirement. 2) UDC 11-3C-5 also requires all 90 parking stalls to be at minimum nine feet (9') wide by nineteen feet (19') deep. When a bumper overhangs onto a sidewalk or landscape area said parking stall dimensions may be reduced two feet (21) in length if two feet (2') is added to the width of the sidewalk or landscaped area. Please account for this UDC requirement 3) Per UDC 11 -3C -5B-3, all parking areas shall be provided with wheel restraint (i.e. wheel stops) to prevent cars from overhanging beyond the designated parking stall dimensions Please account for this UDC requirement. The approved site plan is not to be altered without prior written approval of the Planning Department Landsca ep Plan: The Landscape Plan prepared by LKV Architects on November 1, 2006, Sheet Number SL - 2.1, is approved (stamped "Approved" on December 7, 2006, by the Meridian Planning Department) with the following changes (see redline changes on plan). Please note that these landscaping changes apply to the entire site. 1) Per UDC 11 -3B -8C -lb the perimeter landscape buffer shall be planted with one (1) tree per thirty-five (35) lineal feet. Provide two (2) additional trees alone the south property boundary four (4) alone the west boundary, and four (4) alone the north boundary. 2) As the west and south property boundaries abut a residential zoning district UDC 11 -3B -9C -lb requires the landscape buffer to function as a barrier where tree canopies will touch at the time of maturity. Provide trees species along said boundaries that will meet this requirement 3) Per UDC 11-313-5I, all planting areas that border driveways, parking lots, and other vehicle use The approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees• Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-313-10, 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. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-313. 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. Curbing: Per UDC 11 -3B -5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Fencing: The 6 -foot tall masonry fence shall be installed with current fencing standards as defined in UDC 11-3A-7. Lighting; Lighting shall not cause glare or impact the traveling public or neighboring development. Comply with all lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. The Meridian Fire Department requires a minimum five foot (5') separation between any building and the dumpster enclosure. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: The applicant shall receive approval from ACRD for all access to / from the subject site. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. All impact fees, if any, shall be paid prior to the issuance of a building permit. Certificate of Completion: 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. Plan Modifications: Except for the changes mentioned above, the approved Site Plan and Landscape Plan stamped "Approved" on December 7, 2006, 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. _2(n /(3.i7_ Iy,. Amanda Hess Associate 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. q(A)R L�V1arldian " r Q � �,', Planning Department IM io y 1' ADMINISTRATIVE REVIEW APPLICATION !d U n CIV i 1 Type of Review Requested (check Hilthk)' apply) ❑ Accessory Use ❑ Alternative Compliance ,Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other dicant Information Applicant name: File number(s): Project name: )PNO-tlriu:n ItoJEQS�Te�u1 �� Date filed:. �)—z:� —O() Date complete: Assigned Planner: tMart�tw t1LS5 Related files: Phone: B IY_9 (S Applicant address: LO'!'l W' W�OOfi I�%�• M�f10t I I I a Zip: 0�7A2 Applicant's interest din property: KOwn 11 Rent ❑ Optioned ❑ Other Owner name: JON TIomm tPhone: 2q f2 Owneraddress: Z� W' WOW �• MEA/MAI Iv Zip: f Agent name (e.g., architect,, engineer, developer, representative): WWA Imor Firm name: LKV�/ J Phone: . 7�0 M4 ;5 Address: 1112G7 Zip: I9!�V�7 Primary contact is: ❑ Applicant ❑ Ownr�e1}t' l�,Agent ❑ Otther� Contactname: mVo�� W" IbH�" V.P�h! Q(7i�>=i Phone:2D7/ E-mail: ��r N Km t(//• a. -i Fax: 20b - Z25� Information Location/street address: Assessor's parcelnumber(s): LDt(a Township, range, section: /,,� ?7�.1I W D I Total—acreage: 1 • UD`� 1 D O2D Current land use: i �'1M8fi1P'L Current zoning district: (.: a 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.moridiancity.org 1 (Rev. 9/21/06) Project/subdivisionname: CI t:FIC/IM-A General description of proposed project/request: Proposed zoning district(s)r_ Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Commercial KI Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): t4l& Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie withitn�?NP-MIypr A Mtr1m VA lgr-tww y1rmewT Primary irrigation source: M"Vjm--A " Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): /�• f Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (0): _ Gross density (macre-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 (Macre-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 Pro Number Other lots: Gross floor area proposed:2�ZQ• Vi- Existing (if applicable): /y, �I. Hours of operation (days and hours): 1 NM --1 lH Building height: 1/1Y�.9-411 Percentage of site/project devoted to the following: Q, Landscaping:,. Building: Z�'(Ire Paving: ZU•s Total number of employees: Maximum number of employees at any one time: N a - Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: i% Authorization Print applicant name: Applicant signature: _ Date: r 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 LKV A R C H I T E C T S LEATHAM KROHN VAN OCKER 14 November 2006 City of Meridian Planning and Zoning Department - 660 E. Watertower Ln. Ste. 202 Meridian, Idaho 83642 Re: Certificate of Zoning Compliance Meridian Professional Offices We are pleased to submit the following application for Certificate of Zoning Compliance for Meridian Professional Offices. Meridian Professional Offices will consist of four small office buildings on approximately 1.04 acres. The property has recently been rezoned from R-4 to Ler (Light Office). The office building shall be of two types, two — 2,950 square foot and two — 3,080 square foot single story structures. The design of the building shall be compatible with the surrounding residential buildings with use of stucco and stone. The overall height of the buildings would be less than that of the adjacent two story residential homes. In accordance with the development agreement (RZ 06-005) a six-foot tall masonry fence will be constructed at the Owners expense at the South and West property lines. Vehicular access shall be restricted to Sedgewick Drive except for emergency access. The intent of this project is to develop the buildings with the focus on office space for medical professionals, accountants, attorneys, etc. Uses that are very Tow impact, with minimal vehicle trips and limited hours of operation. The LO zone would act as a buffer zone protecting the residential use from a roadway that is quickly growing in intensity. By developing small office space adjacent to arterial / collector roadways and residential developments the number of vehicle trips to and from such compatible uses can be decreased. DARRELL LEATHAM - KENT KROHN - AMBER VAN OCKER - SCOTT MARSHALL - WAYNE THOWLESS 1735 FEDERAL WAY, BOISE, IDAHO 83705 PHONE 208-336-3443 FAX 208-336-3680 EMAIL LKV®LKVARCHITECTS.COM We are pleased to request approval of this application and feel that with this development a piece of property thatis currently in transition will be designed to achieve an appropriate buffer between high impact roadway and a low impact residential subdivision. If you have any further questions please do not hesitate to contact me. Respectfully, v-� Brook Thornton LKV Architects LKV A R C H I T E C T S LEATHAM KROHN VAN OCKER 14 November 2006 City of Meridian Planning and Zoning Department 660 E. Watertower Ln. Ste. 202 Meridian, Idaho 83642 Re: Certificate of Zoning Compliance Meridian Professional Offices This letter is to address the subject of location and specifications for underground irrigation. An underground, pressurized irrigation system shall be installed to all landscaped areas per the following guidelines and in accordance with UDC 11-3A-15. 1. All landscaped areas whall have an automatic underground sprinkler system which insures complete coverage and properly zoned for required water uses. Each hydro - zone is to be irrigated with separate individual stations. 2. Planter beds and lawn areas are to have separate hydro -zones. 3. Pop up sprinkler heads shall have a minimum riser height of 4" at lawn area and 18" at planter beds. 4. Planter beds are to have drip irrigation systems or pop up spray systems. Annuals, perennials ground covers or shrub massing shall have a pop up spray system. 5. Electronic water distribution / timing controllers are to be provided. Minimum controller requirements are as follows; Precise individual station timing Run time capabilities for extremes in precipitation rates At least one program for each hydro -zone Sufficient multiple cycles to avoid water run off Power failure backup for all programmed individual valved watering stations will be designed and installed to provide water to respective hydro -zones 6. Individual watering stations will be designated and installed to provide water to respective hydro -zones. 7. The irrigation system shall be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. 8. Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways and parking areas. DARRELL LEATHAM - KENT KROHN - AMBER VAN OCKER - SCOTT MARSHALL - WAYNE THOWLESS 1735 FEDERAL WAY, BOISE, IDAHO 83705 PHONE 208-336-3443 FAX 208-336-3680 EMAIL LKV@LKVARCHITECTS.COM 9. Provide minimum (1) quick coupler valve per each (6) automatic valve zones. Approve Q.C.V. locations with architect. If there are any questions please feel free to contact either Scott Marshall or myself in our office. Respectfully, Brook Thornton LKV Architects ( I � | $ \!]{ %)|§1; PSI ,' m k•,�� m m'■ 2 !! ; .|s` I Min D0©90000 0000 z i I ii 11-15-'06 12:07 1 -SSC 2088885Q-- T-947 P001/002 F-385 F, Cl rzl;"%� 00131 r16,20.R I ) I ;,3 a jjv, F aI rtdran wnno 1N'S;/ Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: H (' r t d i (Let Pt -u1 (� ii u, 91A,- File #: 7C Applicant/agent: Completed & signed Administrative Review Application 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 Legal Interest signed & notarized by the property owner (If owner a a corpora submit a w of the Articles ofIncorporation or other evidence to show that the person signing is an authorized a eat Scaled vicinity map showing the location of the subject property Sanitary Service Company approval for trash enclosure & access drive (stam ed siteplan) j A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more see UDC 11-3A-11 Copy of the recorded plat that the property lies within 8 %:" x I1" Address verification letter from Public Works See Tricia Bieren 898-5500 / Site Plan -4 copies (folded to 8 %" x l l" size) The following items must be shown on the siteplan: • Date, scale, north arrow, and project name (scale not less than 1"=50') / • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan / • Parking stalls and drive aisles • Trash enclosures location • Detail of trash enclosure (nust be screened on 3 sides) • Location and specifications for underground irrigation (pressurized irrigation can only be waived if you prove no water rights exist to subject property) / • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) - / • Fencing (proposed and existing) • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact stalls) D Building size (sq. ft.) i Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district • Reduction of the site plan 8 r/:" x I1" ✓ Landscape plan — 3 copies (folded to 8 '/2" 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: f a Date, scale, north arrow, and project name / • Names, addresses, and telephone 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.merldiancity.org L'K ACHD Acce tp once: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of buildingpermit. Ifany changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance ofa building permit Your building permit will not be issued untilACRD 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. 660 E. Waterlower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 9121106) • 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 brinks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. / • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements. / • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours. • Sight Triangles as defined in 11-3A-5 of this ordinance. ♦ Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, 1I, or IB), and comments (for spacing, stakin , and installation as appropriate). • Planting and installation details as necessary to enure 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 %2" x 11" Building elevations showing construction materials If applying for approval of a public school, provide additional information as required by b' the Public School Facility supplemental checklist per 67-6519. Fee If this project had prior approval on a site plan, reduced fees may apply) ACHD Acce tp once: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of buildingpermit. Ifany changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance ofa building permit Your building permit will not be issued untilACRD 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. 660 E. Waterlower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 9121106) RUR wuni rnmunum a. uRviu nnvnnnu nmuuni uu DEPUTYBOISE ANiti, olm/06 ps n1:39 PM RECORDED -REQUEST OF III VIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII City of Meridian 106151215 CITY OF MERIDIAN ORDINANCE NO. 06 — /,?- 6 i BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE FINDING THAT JOHN HOMAN, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-06-005 — MERIDIAN PROFESSIONAL OFFICE) FOR REAL PROPERTY BEING LOTS 1-3, BLOCK 1 OF SALISBURY LAND SUBDIVISION, AND PORTIONS OF W. SEDGEWICK DRIVE AND N. MERIDIAN ROAD IN SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE -ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE -ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL) TO L -O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE;. PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re- zoning by the owner of said property, to -wit: John Homan. SECTION 2. That the above-described real property is hereby re -zoned from R-4 (Low Density Residential) to L -O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re- zone said property. RE -ZONE OF MERIDIAN PROFESSIONAL OFFICE- RZ-06-005 Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9, That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this �day of 92006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 57�' day of 2006. WILLIAM G. BERG, de WEERD RE -ZONE OF MERIDIAN PROFESSIONAL" OFFICE- RZ-06-005 Page 2 of 3 STATE OF IDAHO, ) ) ss. County of Ada ) Onihis 5t'^ day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and y year first above written. O'New000, NFLA 4j 41i,: (SEAL? x� NOTARY PUBLIC FOR IDAHO • l RESIDING AT: (] (j x 1 1 id MY COMMISSION EXPIRES: 10-11-11 RE -ZONE OF MERIDIAN PROFESSIONAL OFFICE— RZ-06-005 Page 3 of 3 Salisbury Lane Subdivision C/O Valley Property Management P.O. Box 1090 Meridian, Idaho 83680 (208)888-4947 April 5, 2006 John W. Homan Candy J. Homan 2835 N. Meridian Road Meridian, Idaho 83642 Dear Mr John Homan, The Board of Directors for Salisbury Lane Subdivision has reviewed your request for the rezoning of parcel # R7695370010. We are in receipt of your letter from the Ada County Assessor, which addresses our concerns about the taxable value for the property. We are in agreement to accept the rezoning of the above parcel if you are in agreement to the items listed below: It is our understanding, that the parcel will be used for up to four (4) light office units. The board would request that each unit pays fifty dollars ($50.00) annually to share in the cost of power and general operation of the pump station. In addition, we would like to have an agreement in place, that should there be any major expenses to the pump station that your units would be required to contribute to the expenses in the amount of 10% of the total costs. The 10% is based on your units being around 10% oRhe Jgtal units using the system. n N Kris i Faull, President t. Board of Directors For Salisbury Lane Subdivision 2&3 Blk 1 it ua3.:: �. a 20 W. floral SMI Norw, Idho 3370 None (209) 297.9200 Rue 1209) 2$7.7$19 ADA COUNTY ASSESSOR ROBERT H. McQUADE 1vWu'„rAaoOn nlri%:e.�3w,oi 9 April 2, 2006 Salisbury Lane Homeowners Association LKV Architects 1735 Federal Way Boise, ID 83705 P.O_ Box 1090 Meridian, ID 83680 Re: Parcel # R7695370010 To Whom It May Concern: am writing at the request of John Homan to confirm what I indicated to him on the telephone. Parcel # R7695370010 is a common area, currently owned by the Salisbury Lane Subdivision Homeowners' Association. Because of that ownership, it is considered by the Ada County Assessor to have its value for assessment purposes included within the values of the Individual lots in the subdivision, with a zero value on the common area parcel. As long as the ownership stays with the HOA, the value of the parcel will continue at zero value, regardless of any zoning changes. If the ownership should change, then the zoning may be a factor in the valuation of the property. If you have any questions, please call me at 287-7202. Sincerely, Marilee Fuller Chief Deputy Assessor P-93794 KC/DX WARRANTY DEED 891553' FOR VALUE RECEIVED JACK A. VAN PAEPEGHEM and ARTA M. VAN PAEPEGHEM,. Husband and Wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JOHN W. HOMAN and CANDY J. HOMAN, Husband and Wife GRANTwhose current address is: 2835 Nth Meridian Road, Meridian, ID oo 42 the followingwing or described real property in C831 State of Idaho, more particularly described as follows, to wit: Ada COMMENCING AT A POINT 103.43 RODS NORTH OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, OF THE BOISE—MERIDIAN, IN ADA COUNTY, STATE OF IDAHO, AND RUNNING THENCE WEST 105 RODS THENCE SOUTH 21.76 AND 10/11 RODS; THENCE EAST 105 RODS TO THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION ONE; THENCE NORTH ALONG SAID SECTION LINE 21.76 AND 10/11 RODS TO THE PLACE OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE RIGHT OF WAY FOR COUNTY. ROAD COMMONLY REFERRED TO AS MERIDIAN ROAD OVER AND ACROSS THE EASTERLY PORTION OF SAID PREMISES. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Graptee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restric- tions, dedications, easements, right of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will war- rant and defend the same from all lawful claims whatsoever. Dated: April 10 , 19 89 Jack !V�anPaepeghem ACKNOWLEDGEMENT — Individual STATE OF IDAHO , County of Ada , ss. On this 10th day of April in the year of 1989 ,before me Diane Kellogg , a notary public, personally appeared_ .Tack A. VanPaepeghem and Aria M. Van Paepeghera STATE OF IDAHO, COUNTY OF( J()L , I hereby certify that this instrument was filed for record at the request of PIONEER )/.lamilt Gd. at IZ95 minutes past � ` o'clock' m., thw `^� day of 19�, in my office, and duly recorded in Book of Deeds at page AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) (name) / 1� O(address) Me.t iciia h �f (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: Lce-1h4m - Kr-oX #1 ✓e.h Ocl%1- /arc A,fecfs /73. (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this / 3 day SUBSCRIBED AND SWORN to before me the and year first above written. ', *111 igets#% (Notary Public for Idaho) SgERy,1 •y, 4: •. 60•0•.• 5, Residing at: 0/� �OTARP = My Commission Expires: 4PUBLt . 0 Mar 16 06 03:26n, Arrow Land ARk-*- Land Surveying, Inc. 209-939-7321 P.2 GPS, BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTION STAKING 3D SCANNING 1121 E. State Street • Suite 105 • Eagle, Idaho 83616 • office: 1-208-939-7373 • fax: 1-208-939-7321 Job No. 06135 2-22-06 D.R.L. REZONE DESCRIPTION FOR LKV ARCHITECTS Fatij Lots 1-3, Block 1 of Salisbury Lane Subdivision, and portions of W. Sedgewick Drive and N. Meridian Road in Section 1, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho described as: Commencing at the Northeast corner of Section 1, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho and running thence 50001 T24"W 1023.45 feet along the East line of said Section to the centerline intersection of N. Meridian Road and W. Sedgewick Drive (said point being the. POINT OF BEGINNING); thence N89°42'36"W 234.64 feet along the centerline of said W. Sedgewick Drive to a point of curve with a radius of 200.00 feet, a central angle of 12°00'02" and a chord that bears S84'1 7'23"W 41.81 feet; thence to the left along said centerline curve 41.89 feet; thence SI 5'27'04"E 170.41 feet along the West line of said Lot 3 to the Northwest corner of said Lot 2; thence S00*17'24"W 118.01 feet along the West line of said Lot 2 to the.Southwest comer of said Lot 2; thence S89°27'04"E 200.00 feet along the South line of said Salisbury Lane Subdivision; thence S89°4236"E 30.00 feet along said South line to the centerline of said N. Meridian Road; thence N00017'24"E 287.30 feet along said centerline to the point of beginning. Area contains 1.6 acres REVIEV APPROiVA 6Y - MAY 0 8 2006 M WORKS DEPT. Nov.14. 2006 4:061r f. Q CRY OFA ✓VIm ILIIIWI IDAHO T �(i �e P �s MAYOR Tammy de Weerd CrTY COUNCIL MrMBUS Keith Bud Charles M. Rountree Shaun Wardle Christhe Donnell CITY DEPARTMrNTs Fire 540 E. Franklin Road 888-17.#/ fax 895-0390 Parks & Recreation 11 W. Bower Street 868..3579 / fax 889.6854 phflu v 660 E. Watertower Lane Suite 202 884-0533/ fax 888{854 Police 1401 E. Water6oweriane 888-6678 / fax 846-7366 Public Works 660 E. Watertower lane Suft200 898-5500 / fax 89-r-9551 - Building 660 F Watertower Lane Suite 150 887-2211 /fax 887-1297 - Sewer(WWTP) 34o1 N. Ten We Road 888-2191/ fax 884-0744 - Water 2235 N. W. 8th Street 888.6242 / fax 884-1159 No -8863 P. 1 Post -it® Fax Note 7671 paps► io Y. AIM— From 00./DPpL Co. Phone # Phone It Fax# Date: 11/14/2006 The following address has been verified by City of Meridian Public Works Department as valid for the project listed below - Project Name: MERIDIAN PROFESSIONAL OFFICES Address: N. MERIDIAN ROAD (SEE ATTACHED MAP) Suite TO BE ASSIGNED IF NEEDED Zip Code: 83646 Lot /Block/ Subdivision: LOT 2-3 BLOCK 1 SALISBURY LANE SUB Notes: ADDRESSES ARE PRELIMINARY AND MAY CHANGE PENDING RE -PLAT OF THSES LOTS. MERIDIAN ROAD ADDRESSES ARE CONTINGENT UPON ACCESS BEING GRANTED FROM MERIDIAN ROAD, SUBMIT FINAL RECORDED PLAT TO PUBLIC WORKS FOR FINAL ADDRESSES. EACH SET Off' PLANS WILL BE. REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE. Tricla Shindle rma/a lS'udP City Of Meridian Public Works Department 660 E Watertower Suite #200 Meridian, ID 83642 CITY .HALL 33 EAST IDAHO AVENUE MERIDIAN, ID 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNF..Y/ FIR -PAX 884-8723 FINANCE&DTII-TYBILUNG-PAX 887-4813 MAYOR"SOFPICE--FAX 8848119 Nov.l4. 2006 4:01P' 11/14izuuo rNE 14,1e FL, 2825 AND 21335 IIFKIDIAN IOAD MERIDIAN IDAPO LOTS 2.8 5LAI$BURY LANE SUk3NYWHON M16--zslo 3O No.8863 P. 2 II,�J002/002 a�6953�mm2o � � — — __....__..._.......... -............ ..�� n� Vw anw w Yd MSV w.w • � �r•�Y� � wI ' n� � VA rage t or i Brook Thornton From: "C. Caleb Hood" <hoodc@meridiancity.org> ?o: "Brook Thornton" <brook@Ikvarchitects.com> Sent: Tuesday, October 17, 2006 9:27 AM Subject: RE: Meridian Professional Offices Brook — An individual CZC is required for each commercial building. Because each building has a separate building permit, each building will have its own address, and occupancy is granted for each building,. we need to have/issue 4 CZC's. This really helps you too, as we can sign.off on the first building, even if the last one hasn't been completed (or even started) yet. Whereas if there were 1 CZC all of the buildings would have to be 100% complete before any of them could be occupied. Because the review for this site will be pretty simple (it has previous approval with the rezone), the fee can be $125 per application vs. $375 each. Although it is essentially the same application 4x, please cloud the area around each building on your CZC applications so it is clear which building each CZC is being issued for. Also, I would recommend that you print off this e-mail so when you submit your CZC applications the planner taking in the applications understands this direction. Let me know if you have further questions. C. Caleb Hood Current Planning Manager Meridian Planning Department 660 E. Watertower Lane Meridian, ID 83642 208.884.5533 208.888.6854 (fax) Vision without action is a daydream. Action without vision is a nightmare. From: Brook Thornton [mailto:brook@lkvarchitects.coml Sent: Tuesday, October 17, 2006 9:02 AM To: C. Caleb Hood Subject: Meridian Professional Offices Caleb. I am working on the CZC application for this project. I would like to make sure I understand this correctly. We have a submitted and approved rezone application. Our Civil Engineer has turned in the condo / short plat application. Doweneed to submita-CZC for each buildingeventhough the site is being developed as a whole? It would end up being the exact same application four times. Thanks. Brook Thornton LIN Architects 1735 Federal Way Boise, ID83705 Phone: 208.336.3443 B rook@lkvarchitects. com 10/17/2006 0 GCITY OF rid an \ 33 E. Idaho Ave. Meridian, ID 83642 CP �� TAEnsuneV�i 1904 Date—Hr)—( + Applicant Address Phone 7 CASH CHECK # _ME ON CHE K IF DIFFER NTTPLICANT �� t eL 11. Clcecy .N i I V r� YU CIAirvi- 12J I e7 omxwL-S 6V65zS "� (i0 I I i i i i I pooh: i m i I i I ul �m�J I I PAYMENT DOES NOT INDICAfZ ACCEPT CE OF APPLICATION TAX I I 9142 neceive .By __ TOTAL owm.m.,w Ti O- o� mx Am o ❑ pooh: m ul �m�J O� —t x aa,mmm. In 00 r o' i- D Z 0 r r 7S - m u70 m r- RJ V In 69 O O .xn' D V B) �1 J Baa _ ADA COUNTY RECORDER i. DAVID NAVARRO AMOUNT .00 30 BOISE IDAHO 09121/06 01:39 PM DEPUTY Poll n RECORDED -REQUEST III IIII'II'IIIIIIIVIIIIIIIIIIIIII'll OF City of Meridian 106151216 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. John Homan, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into fCirs s+ day of 2006, by and between City of Meridian, a municipal corporation. of 14 State of Idaho, hereafter called "CITY', and John Homan, whose address is 21035 W. Wapoot Drive, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER'. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER' is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property'; and 1.2 WHEREAS, I.C. § 67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for re -zoning of the "Property" described in Exhibit A, and has requested a designation of (L-0) Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS,"Owner/Developer" made representations atthepublic hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested re -zoning designation of the subject "Property" held before the Planning & DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 1 OF 11 Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridianplanning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 15a` day of August, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in fall, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIANS PROFESSIONAL OFFICE PAGE 2 OF I 1 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERIDEVELOPER": means and refers to John Homan, whose address is 2'!035 W. Wapoot Drive, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Properly". 3.3 "PROPERTY": means and refers to that certain parcel($) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned L -O (Limited Office District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES. PERMITTED BY THIS AGREEMENT.- 4.1 GREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian Unified Development Code, Section 11 which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the UO zone, and thepertinentprovisions of the City ofMeridian Comprehensive Plan are applicable to thisRZ 06-005 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure shall meet all applicable DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 3 OF 11 development standards such as setbacks, frontage, height, etc, of the L -O zone. 2. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 3. That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building setbacks for this development shall comply with the applicable provisions set forth in the Unified Development Code. 4. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare byreason of excessive production of traffic, noise, smoke, fumes, glare, lighting or odors. 5. That the following shall be the only allowed uses on this property: principally permitted uses within the L -O zone. 6. That the posted hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. 7. That any new structure(s) (or remodel of existing structure(s)) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. 8. That up to four office -type buildings may be constructed on this site. That said buildings shall have a maximum size of 3,270 square feet each, and be limited to a single -story. Each building shall have the same stucco and brick accents. 9. That the applicant agrees to construct a 6 -foot tall masonry fence along the south and west property lines, as proposed. That although not required, the applicant has offered to construct said fence on top of a berm, if some of the adjacent property owner(s) allow the berm to be partially constructed on their land. 10. That a 25 -foot wide landscape street buffer will be constructed adjacent to Meridian Road, located entirely outside the right-of-way. DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 4 OF 11 11. That a 10 -foot wide landscape buffer will be constructed adjacent to Sedgewick Drive, located entirely outside of the right-of-way. 12. That a 20 -foot wide land use buffer will be constructed along the south and west property lines. 13. That vehicular access to this site shall be restricted to Sedgewick Drive, as approved by ACHD and the City, Except for emergency access, no vehicular access to Meridian Road is approved. 14. That the applicant shall be required to install any and all sewer mains, water mains and/or fire hydrants that are deemed necessary during construction plan review. This may include water connections in both Sedgewick and Meridian Road. 15. That the applicant shall provide easement for all required sewer and water mains that are not located in the right-of-way. 16. That the applicant shall be required to use, with written permission, the existing pressurized irrigation system for all landscaping. 6. COMPLIANCE PERIOD/CONSENT TO REZONE:.Tbis Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "Cit}' provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. S. INSPECTION: "Owner/Developer" shall, immediatelyupon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 5 OF I I thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property , this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solelyto the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with there -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City' shall execute and record an appropriate instrument ofrelease of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property' as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City' or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 6 OF I I (30) dayperiod and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended bythe amount oftime of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation ofthe improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in anyphase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property' shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: c/o City Engineer City of Meridian 33 East Idaho Avenue Meridian, ID 83642 with copy to: OWNER/DEVELOPER: John Homan 21035 W. Wapoot Drive Meridian, ID 83642 DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 7 OF 1 I City Clerk City of Meridian 33 East Idaho Avenue Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the"Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of"Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 8 OF 11 conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City,. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. I[y11►UVIV 11 l uZl1v 1 �t►Y 1K IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPMENT AGREEMENT (RZ 06.005) MERIDIAN PROFESSIONAL OFFICE PAGE 9 OF 11 CITY OF MERIDIAN BY: � u� k' MAYOR TAMMrdIERD Approved by City Council Attest: `'` t CL ° C),� CITY CLERK .:. - DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 10 OF 11 STATE OF IDAHO, ) ss: County of Ada, On this N5Y day of al�( yA kt 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared John Homan, known or identified to me to be the person who signed the agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •�� tG eeaoesasu "4TV��a, (SEAL) • aa.• w, d �OTA,%,, 1- n e pUBLV �a 'a tPl,ia e°�O op 1�,P��• STATE OF IDAHO ) County of Ada ss u�-sp�.V-'� Notary Public for Idaho �t Residing at: Qpcty 1 My Commission Expires: I (� On this _dayof Scp*OC M�� ,2006,beforeme,allotary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IOC Notary Public for Idaho Residing at: (WC11 a 11, V) Commission expires: I0-11-11 DEVELOPMENT AGREEMENT (RZ 06-005) MERIDIAN PROFESSIONAL OFFICE PAGE 11 OF 11 EXHIBIT B The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a sentence to the end of the second bullet in Site Specific Condition #4 on Page 7 that reads: such time as the euneat use as resideitk4ialaatgee, the current access to Cherry Lane is acceptable." B. Adopt the Recommendations of the Meridian Planning & Zoning Department and Public Works Department as follows: ANNEXATION AND ZONING SITE-SPECIFIC CONDITIONS AND 1. The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owners. The DA shall require that: • Retail commercial uses (e.g. — convenience stores, service stations, bars, restaurants, retail stores, sales lots, etc.) are prohibited on this site. • . Access to this site will be provided from West 1st Street and West 2°d Street with cross -access between all of the lots. Pnfll --p fts the eurrent use as residential $ges; the current access to Cherry Lane is acceptable. • The applicant will be responsible for all costs associated with the sewer and water service upgrade. • Any other conditions desired by the Commission and Council. 5. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. C. Adopt the recommendations of the Meridian Fire Department as follows: MERIDIAN FIRE DEPARTMENT COMMENTSICONAITIONS 1. Provide fire hydrant spacing per the International Fire Code. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not.have addresses on it. c. Fire hydrant markers shall be provided per Public Works specs. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be, placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All fixture entrance and internal roads/fire lanes shall have a turning radius of 28' inside and 48' outside. 3. Maintain a separation of 5' between future buildings and dumpster enclosures. 4. All processes & storage practices shall be required to comply with the International Fire Code. 5. Provide exterior egress lighting as required by the International Building & Fire Codes. D. For clarification (per action of the City Council on 9-14-04): I. Direct access to Cherry Lane is not prohibited with this application. 2. When a development application (CUP) is submitted for this site, notices shall be sent to property owners within 600 -feet of said property. LEGEND ® STUCCO COLOR -x O BNCCO COLOR -W n EAST ELEVATION ecue� w• . r.e• N N U 0 C w a4 yO N c m IL �L w n N 14 C C N.0 C mN A9 Lr ORMLES K IT LI M - TTPIG pp #a IME 9 IMME S (% BTUCCO C0.0R'A' LLV - ic E%POPMM JOIRT PER --------- _ _ ______ MNYRAGNRERB eTANDARD _ �l-UETAIL3=YDNTTUWDERSIDE VbLLdL HETAI DSR ____ _______ _µDFR_M1E _-_ _ . i TLOTPG dND fdNDAi1LN -ice --------------------------- ��1L _L --------- I /1 WEST ELEVATION o ix. Bis`ose eo xe. VV. r.F A aoem 1 xarcu9fB M xn ELEVAi1Gµq �P % INP ULMLm, n NORTH ELEVATION n SOUTH ELEVATION l ,VP. r4 n EAST ELEVATION 3I o 1, P alvC ;WR L LIGHTN 552E BEm U1 TIMI AI POTN TYP CAL R .A. R a - 'A' me WNOLTY .E VENEER F OATIO n WEST ELEVATION ! 11 w• . r.p LEG=END ® 8Tt=O COLOR 'A' 0 87UCC0 COLOR M. BR£Ir U TYPIC nNORTH ELEVATION .. !fes[. ... r.r n SOUTH ELEVATION ..•,2. ur . r.r acmO w LIGui6 . irFWC O COLOR '4' O COLOR'S• FR WNOpy O cOLOR'4' gip¢ LEGEND ® STUCCO COLOR W O STUCCO COLOR -B'