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Doris Retail CZC 07-210NOTE: ThiN iN not a Buildin_a Permit. rior to any construction, you should contact the Building Department at ERIDIAN*-----, P awl A '" 'I '� (208) 887-2211 to verify if anV :-)A H �O additional permits and/or inst)2ctions will be required by the Meridian Building Department. CERTIFICATE OF ZONING COMPLIANCE* Date: October 2, 2007 Project Name/Number: Doris Retail — CZC-07-210 Owner: J & K Investments Meridian. LLC Site Address:— 1330 E. Fairview Avenue Proposed Use: 7,750 sq. ft. Multi -tenant Building Zoning: Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and Conditional Use Permit (CUP -07-014) associated with this site. The issuance of this CZC does not release the applicant from any previous requirements of other permits issued for this site. Landscgping Plan: The Landscape Plan prepared by Architecture Northwest, dated June, 2007, labeled A-1. 1, is approved (stamped "Approved" on October 2, 2007 by the Meridian Planning Department). The approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to the landscape plan permitted; prior written approval of all material changes is required. Prior to final inspection and sign off for this project, a written certificate of completion shall be submitted to the Planning Department, prepared by a landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. Site Plan: The Site Plan prepared by Architecture Northwest, dated June, 2007, labeled Sheet A-1.0, is approved (stamped "Approved" on October 2, 2007 by the Meridian Planning Department) and shall not to be altered without prior written approval of the Planning Department. Elevations: The Elevations prepared by Architecture Northwest, dated June, 2007, are approved with no changes from the Planning Department. Irriization: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11 -3 A- 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 I 1 -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 11-3 13- 1 O -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 accessible. Curbin : Per UDC I 1 -313-51, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 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-1 I and UDC 11-3A-18. Lighling: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11 -31). TrashEnclosure: All dumpster(s) must be screened in accordance with UDC -1 1-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicgp-Accessibili : 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 Occupanc : All required improvements must be complete prior to obtaining a Certificate of Occupancy. All changes in occupancy need to comply with the requirements of the Building Department. It is unlawful to use or occupy any building or structure until the Building Official has issued a certificate of occupancy. A certificate of occupancy or temporary certificate of occupancy is obtained from the Building Department (208) 887-2211 after inspections are complete and the field inspection record is returned to the Building Department. Plan Modifications: Except for the changes mentioned above, the approved Landscape Plan, Site Plan and Elevations stamped "Approved" on October 2, 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. 0 1011r1_1 ------------- - �� ti_ Bill Parsons 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. T I Planning Department CERTIFICATE OF ZONING CONWLIANCE Application Checklist W All applications are required to contain one copy of the following unless otherwise noted: 660 E. Watertower Lane, Suite 202 * Meridian, Idaho 83642 Phone: (208) 884-5533 a Facsimile: (208) 888-6854 o Website: www.meridiancity.org roy'01 PM qescriptiorf 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 is a corporation, submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent)— Scaled vicinity map showing the location of the subject property Sanitary Service Company approval for trash enclosure & access drive (stamped site plan) V/ 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 1/2" x I V) V" Address verification letter from Public Works (See Tricia Bieren 898-5500) Site Plan -4 copies (folded to 8 Vz" x 11" size) The following items must be shown on the site plan: • Date, scale, north arrow, and project name (scale not less than I "=50') • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Parking stalls and drive aisles • Trash enclosure(s) location • Detail of trash enclosure (must be screenedon 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) > 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 V2" 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 landscape plan: 0 Date, scale, north arrow, and project name 0 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 a Facsimile: (208) 888-6854 o Website: www.meridiancity.org roy'01 PM • Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings. • Location, size, and species of all existing trees on site with bunks 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, II, or III), and comments (for spacing, staking, and installation as appropriate). • Planting and installation details as necessary to ensure conformance with all required standards. esien drawin2(s) of all fencing proposed for screening purposes Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: > Number of street trees and lineal feet of street frontage > Width of street buffers (exclusive of right-of-way) > Width of parking lot perimeter landscape strip > Buffer width between different land uses (if applicable) > Number of parking stalls and percent of parking area with internal landscaping > Total number of trees and tree species mix > Mitigation for removal of existing trees, including number of caliper inches being removed Reduction of the landscape plan (8 1/2" x 11 Building elevations showing construction materials If applying for approval of a public school, provide additional information as required by rlkp' 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 Acceptance: Applicant shall be responsiblefor meeting the requirements ofACHD as theypertain to this application. All impactfees, if any, shall be paidprior to the issuance of a buildingpermit. If any changes must be made to the siteplan to accommodate the ACHD requirements, a new site plan shall be submitted to the CitY Of Meridian Planning & Zoning Departmentfor approvalprior to the issuance of a buildingpermit. Your buildingpermit will not be issueduntilACHD has approvedyourplans andall associatedJees have beenpaid THIS APPLICA TION SIMLL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQ UIRED INFORMATION. 660 E. Watertower Lane, Suite 202 e Meridian, Idaho 83642 Phone: (208) 884-5533 a Facsimile: (208) 888-6854 * Website: www.meridiancity.org �Rev. 9121106) Planning Department g ADMESTISTRATIVE REVIEW APPLICATION RG Y� 'j"T Type of Review Requested (check all that apply) 0 Accessory Use 0 Alternative Compliance )0 Certificate of Zoning Compliance El Conditional Use Permit Minor Modification El Design Review 11 Private Street 0 Property Boundary Adjustment 0 Short Plat 0 Temporary Use Certificate of Zoning Compliance 0 Time Extension (Director) 0 Vacation 0 Other Applicant Information Applicant name: 14MA201111, Lt.C- Phone: q(0 I -lipT7 Applicant address: F�Iko Qy4m, Ring4v- -D=4Vr_ X[6.� -2b Zip: 836p,( , Applicant's interest in property: 560wn DRent 00ptioned 00ther Owner name: Owner address: Phone: Zip: Agent name (e.g., architect, engineer, developer, representative): AA -_,n4 Firm narne:ALe+t,-r�&-i:_ -PA. Phone: Ll (P-7 - 3S77 -r L6 �M A -_rt� zip: 0-2451 Address: lZq J&TH Aa. SCU-04 Primary contact is: 0 Applicant 0 Owner X Agent 0 Other Contact name: Phone: L10 * SSl I E-mail: %oLtco. 0— QL1rC_tw eMN Fax: 140-LIMS Subject Property Information Location/street address: /930 5�- fA',,R_Vir_W A-,tr-. Assessor's parcel number(s): ?,Igo i oocc)14 Township, range, section: SAJ IF— gto Total acreage: 1.0(o Current land use: Current zoning district: C -!:a 660 E. Watertower Lane, Suite 202 * MeridianIdaho 83642 Phone: (208)884-5533 e Facshnile: (208)888-6854 e Website:wwwmeridiancity.org I (Rev. 9121106) Project Description Project/subdivision name: PA4t4QQqq erLgrcj zp�_LT-. .2 f -60 2 Dpas 5,7,MVISIC-4 >P tyle General description of proposed project/request: Pttw &"1P-etNL— SymLn',J!; WMA -riqp-A LAAr--. Proposed zoning district(s): Acres of each zone proposed: 1. o& Type of use proposed (check all that apply): 0 Residential WCommercial 0 Office 0 Industrial 0 Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? DLA-)W_,� Which irrigation district does this property lie within? �AtAg jh­ kk4_,z% p, ikyA Primary irrigation source: C_tj�jt Utv� Secondary: 7 Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): 15.450 So -*_5t Residential Project Summary (if applicable) t� I P, 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 (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: Average property size (s.f Net density (DU/acre-excluding roads & afleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: 0 Single-family 0 Townhomes 0 Duplexes 11 Multi -family Non-residential Project Summary (if applicable) Number of building lots: I Other lots: 0 Gross floor area proposed: -1,150 Existing (if applicable): J6 Hours of operation (days and hours): Building height: ;Zd-a' Percentage of site/proj ect devoted to the following: Landscaping: (3&Djp� Building: -V115o (i Paving: 2;& q Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: '3FS Number of compact spaces provided: 2f Authorization R.A. Q r'N4 Print applicant name: -APOS­A Applicant signature: E. Watertower Lane, Phone: (208) 884-5533 e Facsimile: Date: 23. Z2q 202 - Meridian, Idaho 83642 888-6854 e Website: www.meridiancity.org 2 Randall Haverfield, A.I.A. www.arenw.com May 11, 2007 RANDALL HAVERFULD AIA ARCHITECT & PLANNER 224 16TH AVENUE SOUTH NANTA, 11) 83651 PH(208) 467-3377 FAX (208) 4674343 LETTER OF E"L2"ATION Meridian Planning Department 660 E. Watertower Lane, Ste 202 Meridian, Idaho 83642 Re: New Retail Building for J & K Investments Meridian, LLC. It is the interest of J & K Investments to build a new 7,750 square foot retail building with room for 5 lease spaces. The lease space on the west end of the building will contain a drive thru window. The new proposed building would face Fairview Ave., and the rear of the building would face the residential street North of the property. Due to the high visibility of the elevations, great care was taken to address an attractive fagade. The building will have a stone wainscot around the perimeter of the building with stucco above. The character of the building will match the newer retail buildings in the area. A Conditional Use Permit for the drive thru aisle and window was required due to the close proximity of residential property. CUP -07-014 was approved by Planning and Zoning Commission Hearing on August 2, 2007. Conditions of Approval were attached to the Staff Report. Per the Conditions of Approval, a new east facing window with an awning above has been added, evergreen shrubs have been added to the Northeast corner to act as a buffer to the residential zone, a cross access to the Easterly neighbor has been granted, and the East and West elevations have been adjusted per the Commissions' request. Sincerely, Jason Slawson Authorized Representative Architecture Northwest, P.A. 224 16th Avenue South Nampa, ID 83642 LandAmerica Transnation Escrowlsio. 07-001363 WARRANTYDEED FOR VALUE RECEIVED SEAGLE THREg, LLC, an Idaho limited liability Company GRANTOR(s)� does(do) bereby C -RA -NT, BARGALN, S ELL AND CONVEY untc,-: . 11WRIDIJAN, LLC, a -T Idaho limited lia-1,ility cor par'y GRANTEES(s), whose c:111 -cat adikess ls� 8715 Quail Rid.Ve -->rive. the following described real property in Ma COLUJy, State of Idaho,' Jr,Ore Particularly des-3ribed as follows, to wit: SEE EXHIBIT"A" ATTACHED (continued) 701 HAVE AND TO HOLD the said ptemises, with thi-o-ir appurtenances unto the saie hv-�irs and assigLc forever. And the;jaid Grautor(s) does(do) he�reby covenant to and with the said Grante-c(s), that Grantor(s) Islam tlie o.,Nm ' c�(s) i" fee si n--'Ple of sa-, d Premises; that said premises are free froinall etoLimbrances EXCEPT those to 'A�ch this conveyan6e is expressly rrade sub Jtct are those made., suffered or done by the Giramet-V - ka- -Lk-- to reier�vations, restcictions.: dedi;,a6on-s� 4!asements, rie-'--. of wayand agree�ients, (if aay) of record, Pad gaawai ta-X�s and tio.n — assesernent.-, if ary) for the current yeu. -Which = rict yet. due aad p ble. and *Iat -,A,41! same from 211 lawful claims whatsoever. ayl :rd defcr,--- he Dale: APril 9, 2007 S0&910 Tbxee. LLC bYolt�ober Jr. R Notary Acknowledgment — see page 2 kA ki can -&A St 0), arst,49 Aly. N -A -57'07E q l0pN0 CCUw7Y q- Ron DO R1.5 SUA5,01YISIoAl . IN SE,Vy SdFyt, Z&C7-�Cv ro 7 3 W, R 1E. ZKow. IDA Ho A,4y. q I' J­A�.3 e "(& IICP",r 'm Avy .,V"— ...4 4910M -Alll� ,I )-llrl !POW& 1) lAAW. $.I. 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Y'P-dl?c- --.7 Wrar 7a,-.,jfs, .. 3_.% 4"f- /?X7 -1 0�*_. A­h�­ q_ '/'5-r- _th­ 'V­� Sd-C ­W3.00n� CA.r ?Ad—.6, JeX lo*dn..v D-U�Al apoeld. be,7,n._Y OXCA.0 .1-1 F.6K t."'fa —al&x.eer- ffl;swAy R;O.Wr Y4 Way. At— do. -4. f _. Wa.Y' l . //-,-: - j ­ W—t OV-')'* ?0.Cj4..)P, f4.,U.;.t k 4—y" fpa�.a -m-- Moe", 3 091?4'w ,A 7'. a 3 1044.c. Jj V0.07 1.avt ra 'E"A. r .1-1 W. .4. loke ..;,e Rl- 1-t- -1 7- G& A, POR15 SUB01/131DA1. We efs AparmAy P.bl;. '04--1 .. r4;3 /./.r- -A .... s/.. M. /A� W- -W- A, --Ay A lel..t �* AIW f4l-th& 3-1ft J;,d� ...I rk— /.f. il, Cr6 of—sc We d. A' �by etbAl;#j, A TF. -f -19 -,1/ WS AIJI"Alt 1.16 A 7 Al. -C 4 2—is III, W;O..,s W*W�.k - jwn A— he­;.V.f. .46 !POW& 1) lAAW. $.I. I I C ­P.4 ,& 1 -d -I �r I . f 'F6f-­ A- /PA.., ^.0 qf­f -4- h-- 14� y —N-_ se , A�, y 6TRTE ag IDAHO S3 Cou#ry ADA I On -thia -f.y 4'� in Ahar S tat& qj AP -ho, AA, --.d r.;- mr-� b. "'. Zwwa�o 0. RPM— 4 -0 4. -0 tb be &C�M­16.4 Do -4 III ~ Mat jl*&y I -v W;fnm.� Whar.q. / ba— 3at _y p,_, ...4 -Y 6../,M0 d- y a..# Y.- A.- - - 6511�. _% r a -V R I A. - OF A-PPROVAL ky /y_lp,v,F4,v Th;, ;& m /191A c R V/ 40._r), I, tbe C av�ry .5 ux v.�y,,K j.p jq t)" <_wry 3r,are -v a.),e_Ay ca�f4y -th.71 I k -- C /Ad ,I.,e j.;", ).'�/ j VON'. A--' I-- ;f ---Aiy —;I'l, /A - v Acczprmwc4ff sy rpec sdfo#R� qpccm�,.*,0wWmD Aom c0-1 /0Ara we fire c loot - 0,mt-� x . �4 .0j.. Aam I&OMIR" ,#- cm�*jy 0,&., a A v. r*m a ie -,., Am A YLv­it00;m* 0,4 A)diqfS W.A 03/22/07 13:10 PAX 2084661331 MMUID FINANCIAL IM002 251 ARTICLES OF ORGANIZATION LIMITED LIABIL I ITYCOMPANY FILED EFFECTIVE 2007 MAR 2 2 P11 2: 10 (instructions on back of application) SECRETARY Of: SlAit 1. The name of the limited fiability company Is: STATE OF. IOAH0 J & K Investments Meridian, LLC 2. The street address of the initial registered office Is: 8716 Quail Ridge Drive Nampa, Idaho 83686 and the name of the initial registered agent at the above address is: Jackie Hutchison - 3. The mailing address fbrfuture correspondence is: 8716 Quail Ridge Drive Nampa, Idaho 83686 4. Management of the limited liability company �vill be vested In: Manager(s) M . or Member(s) [D (pism check the opproosta, box) 5. If management is to be vested in one or more manager(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 Address J & K Investments, LLC I . 8716 Quail Ridge_Ddve Nampa, Idaho 83686 - 6. Signature ofAleag0n� pw f:,on responsible for forming the limited liability company: Signature: J,&2!Y t - ---- ,am Secretary cf State use oM/ Typed NaAE'"dd Ej)�Y Capackr. Organizer IDAHO SECIVARY OF STATE 63/22/2007 65sGG Signature CK.- 1MI70 CT-. 172099 PHi 1141976 I I 108.BB x 108.80 ORM LLC.1 2 TypedName: I Capacity: I — V&b Fam Due no later than March 31, 2007 —A ewa� of% m wriv No. Annual ReggLI . Form -RANDALL G HAVERFIF-LU Return to: 1- Plailmg Address - Correct j" ttiis box. if applicable 1 HAVES SECRETARY OF STATE ARCHITECTURE NORTKWEST, PA PAOD 83651 700 WEST JEFFERSON RANDALL C HAVEMELD PO BOX 83720 224 `16TH AVE S BOISE, ID 83720 -OM NAMPA, ID 83651 3 bigeg ftgjswW)ijFn�t No FIUNG FEE IF RECEIVED BY DUE D 4. Corporations: Enter Names and Business Addresses of President, Secretary and Directors. Offloe hold NaM9 SU" or P.O. Address state RANbALL HAVERFIELD )atl N&wnpa.* LALLeJLr 5. organized Under the Lamm Olt IDAHO Signature Date C 109721 Name �Ipwxw Wftm3r-MER-0- Tide E! 11% Issued01102 007 Do Not Tape or Staple 2007a A-FIFIDDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA ....... ...... being first duly swom upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: HPt,�Imi GL -P ZZ4 ~s - -s. t4kmi=rk I IDA440 (name) (address) to subin . it the accompanying application(s) pertaining to that property. 2. 1 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. 1 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. Z day of 20--C� 'VE -01040 ,,of wil MEMO , N.A.A. 2 V 10 A &, V rd A 01 SUBSCRIBED AND SWORN to before me the day and year first above written. .0012A.. - C A NR Y IQ, 00 0 aw "�:o Pula J"4V TE P &A L-V� R. CLVIL;n (Notary Public for Idaho) Residing at: QL My Commission Expires: 3L -a -7 /a 9 4VE 909 DSS-WOHI LT:80 I File No. 9 07-002363 LH=L D130CRMMION (continued) GC.Z3DWA JL (continued) IT RAN A parcel of land being a portion of Lots 2, 2 -and 3 in Block 2 of DORIS 33,UBDIVISION, according to -the official plat thereof, filed in Book iG of Plats at Peg a 108 D, records of Ada County, Idabd, and located in the Acutheast quarter of Section 6, To awhip 3 North, Range' I Hast, Boise Meridian, City of Meridian, Ada County, Idab , more i wrticularly described -as fbIlcras: Conmencing at a found brans cap (corner record No. 9361309) marking the ;outheast corner of said Section 6; thexice North 890281270 Went, coincident With the South line of said Section 6, a distance. of 1, 153.40. feet; thence - North 000201049 East, 70-54 feat to a found 5/8 inch rebar/cap PLS 5082 marking the Southwest corner of said Doria Subdivision; thence South 8962S'374 East, coincident with the South line of said Doris S sion, 160.77 feet to a set 5/9 ' inch rebar/cAP PLS 10561, and the Poxwop snanwING; I lience North 00020-047 East, 2S4.15 feet to a set 5/8 inch rebar/cap PLS 10S61; thence South 690251370 East, 181-07 feet to a net 5/8 inch rebar/cap pLs 10562 on the East line Of naid, Lot 31 thence South 00026102w Went, coincident with the East line - of said Lots 2 and 3, a distance of .2S4.75 feet to a found 1/2 inch rebitr/cap PLS.4998 marking the Southeast corner of said Lot 2; thence Worth 890251370 We . at, coincident with the South line of said Lot 2, a itance of 180.63 f act to the POINT OF Bmnarnm. + FORM PW100 4W C7 CM6 Tw=y de Weerd DATE. 7/23/200-7 KeifhBird The following address has been vexified by The City of Meridian Public Works Department as valid for the project 4W W, ow. Ctwim M. Rombao D*vtdZmx=bu Project NMme,. J & K Investments Meridian, LLC Building C 11*11-1,D 1: M S City AtturneyM "3 5, mailt Sfteft Address: 1330 E Fairview Ave. MM" COW AtWrW) F" U"M suite #: Fim 540 L Franidin Fbad Zip Code: 83642 WW12m 1 fax MAW) FWAb & Rccreation Lot/ Block/ Subdivision: 2 A 3/ 2/ boris Sub I I W. Bower SW&4 $06-3679 / lax N8-5501 Planning 660 K WaWbower Sireet Suite 202 8"33 / tv WkW% EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT 14M L WatatowerStreet THE CORRECT ADDRESS ANb SUITE NUMBER (IF APPLICARLE). fmc W6-73" ilumc wadim Marita Hawker 6WEWAbAt6W4=Sh=t Departrunt Specialist Public Works 6W L WahbftWer SbOd 898-5500 Swit 150 1 hawkerm0meridiancityorg Sewer (%"ArM N01 N. Ten Mile Road M&-2M1bLX8UV" Water WS N. W. ft Shw9t U6M42/fmx88C1159 t i r -T �q 4,� 1.!, 1 E R 'AN, 1D S3;-42 0': 8 8S -1 -4 3 1 -N. H 0 A 'Y E N L; E D 1 ivi. �'�4 (D e e G E) H if N t 't 1' 11 1 p I z to -0 ;c A .z IN e E) G 8 0 z zzz z z z z z z On' t .01 z z z z t z ff, :E D D 51 Ew RETAIL BUILDING m ARCEMCIUM & ; INVESTWNT� MERIDIANLLC. MORTHWEBT.F.A. MEMAN A�I.M. A.U. RCHMa . I—E. [ERTMUR BUILDING ELEVATION=S .21 M ... .. — H. W) .7-3377 r T!(&id, , ansi 467-�" to .t 4 M CD C-) Fj WIN 11ml I Ox I IR H 21 to .t 4 M CD C-) Fj F"o 9X -.0 oz x Fla fill -.MAI gig A id gig! T ol I I'll ills I fill. a It ' HIII is all Ho I Fill fill., all Ill, fl j fill If 80888@88 G 8 fig 1� ids I II '; :11? c 4'. FAIRVIEW AVE .6)0 xoxc It I, rr - gall F"o 9X -.0 oz x Fla fill -.MAI gig A id gig! T ol I I'll ills I fill. a It ' HIII is all Ho I Fill fill., all Ill, fl j fill If 80888@88 G 8 fig 1� ids I II '; :11? c 4'. FAIRVIEW AVE 11-1 3 1-' No .4 z wo or 0 r NEW RETAIL BUILDING ARCIgrECTURE 777JE & K INVESTMENTS ME�IDIA�,LLC. No RTHWE137, P.A. -0 MERIDLAN, JDM R-� —RnEW A.I.A. ARCH9ECT P"NNER �L R o.. All"u, —1 ARCHITECTURAL 81 2 ��� I X PL N -mn F— 6 .6)0 - gall :r 0 F 0 11-1 3 1-' No .4 z wo or 0 r NEW RETAIL BUILDING ARCIgrECTURE 777JE & K INVESTMENTS ME�IDIA�,LLC. No RTHWE137, P.A. -0 MERIDLAN, JDM R-� —RnEW A.I.A. ARCH9ECT P"NNER �L R o.. All"u, —1 ARCHITECTURAL 81 2 ��� I X PL N -mn F— 6 u !tj )b r r )o Z v m z Z o —)o 30 RON r Zm 0 -1 x a FL-� - 0 r 0 X 1-1 r F He J81;EW HISTAIL BUILDING m ARCIEnECrUM INVESTMENTS MERIDIAN, LLC ' N 0 RTHWEST. P.A. MERIQLAN, IDAHO RANOA� HA-RFIEW A.I.A. ARCHITECT & —NNER NA ,,I Ci.ld— A3651 IARCHITECTURAL LANDSCAPE PLAN�* F..T .) .7-130 7Q 0 lip -5 1' zo W -01 IS r J81;EW HISTAIL BUILDING m ARCIEnECrUM INVESTMENTS MERIDIAN, LLC ' N 0 RTHWEST. P.A. MERIQLAN, IDAHO RANOA� HA-RFIEW A.I.A. ARCHITECT & —NNER NA ,,I Ci.ld— A3651 IARCHITECTURAL LANDSCAPE PLAN�* F..T .) .7-130 RECORDING REQUESTED BY Bailey Law Group, P.C. 504 11 th Avenue South Nampa, Idaho 83651 AND WHEN RECORDED MAIL TO Bailey Law Group, P.C. 504 1 1th Avenue South Nampa, Idaho 83651 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 39.00 13 BOISE IDAHO 09/25107 11:36 AM DEPUTY Gail Garrett RECORDED— REQUEST OF J & K Investmenst 107133447 (Space Above For Recorder's Use) CROSS ACCESS AND PARKING EASEMENT AGREEMENT THIS CROSS ACCESS AND PARKINGSAASEMENT AGREEMENT ("Agreement") is made and is effective as of this Qn day of J�-. 2 2007, by and between J & K INVESTMENTS MERIDIAN, LLt, an Idaho Limited Liability Company of 8716 Quail Ridge Drive, City of Nampa, County of Canyon, State of Idaho (hereinafter referred to "J & K") and the IDAHO ATHLETIC CLUB, INC., an Idaho Corporation, with a mailing address of 1450 E. Fairview Avenue, City of Meridian, County of Ada, State of Idaho (hereinafter referred to as "IACI"). RECITALS The parties recite and declare as follows: A. WHEREAS, the parties have interests in adjoining real estate situated in the City of Meridian, Ada County, Idaho; B. WHEREAS, J & K is the owner of a tract of land commonly known as 1330 E. Fairview Ave., Meridian, Idaho 83642, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "J & K Property"); C. WHEREAS, IACI is the owner of a tract of land commonly known as 1450 E. Fairview Avenue, Meridian, Idaho 84642, and more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "TACI Property"); Cross Access and Parking Easement—Page I D. WHEREAS, the parties desire to create a common driveway between the J & K Property and the IACI Property for the benefit of each of them and to provide public access to and from the public street, such common driveway being described in Exhibit C attached hereto and incorporated herein by reference and by this reference made a part of this agreement as fully and to the same effect as if set forth in this instrument in its entirety; and E. WHEREAS, J & K intends to develop and improve the J & K Property by the construction of a commercial structure, parking lot or lots, and related improvements; and F. WHEREAS, the parties desire to grant reciprocal easements over their respective properties to allow for the cross parking of vehicles and to allow ingress and egress to and from such parking located on their respective properties; and G. WHEREAS, the parties desire to outline responsibility for the construction of the common driveway and the costs and expenses of maintaining the access and cross parking easements as hereinafter set forth. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the recitals above, which are incorporated herein, the parties agree as follows: Creation of Access and Cross Parkin2 Easements. a. J & K hereby grants and conveys to IACI and its successors and assigns, as an easement appurtenant to the IACI Property, a non-exclusive perpetual easement for a common driveway over, on, across, and through that portion of the J & K Property which is described and depicted in the attached Exhibit C. b. IACI hereby grants and conveys to J & K and its successors and assigns, as an easement appurtenant to the J&K Property, a non-exclusive perpetual access easement over, on, across, and through that portion of the IACI Property which is described and depicted in the attached Exhibit C for ingress and egress between Fairview Avenue and the J & K Property in the location depicted on Exhibit C. C. J & K hereby grants to IACI and its successors and assigns, as an easement appurtenant to the IACI Property, a perpetual easement for the non-exclusive use of all parking spaces located on the J & K Property for the parking of motor vehicles by customers, invitees, and employees of any business or tenant located on the IACI Property and for ingress and egress for motor vehicles and pedestrians to and from the IACI Property from and to such parking spa . ces located on the J & K Property. d. IACI hereby grants to J & K and its successors and assigns, as an easement appurtenant to the J & K Property, a perpetual easement for the non-exclusive use of all parking spaces located on the IACI Property for the parking of motor vehicles by customers, invitees, and employees of any business or tenant located on the J & K Property and for ingress and egress for Cross Access Easement—Page 2 motor vehicles and pedestrians to and from the J & K Property from and to such parking spaces located on the IACI Property. 2. Responsibfflty for Construction of Common Drivewav/Expenses for Maintenance and Repair. a. Upon the receipt of all required approvals of the City of Meridian and/or any other governmental agency, and at no cost or expense to IACI, J & K shall promptly commence and diligently complete the construction of the common driveway in the location as described and depicted in the attached Exhibit C, which construction shall include all construction, paving, curbing, relocation of irrigation and utilities (if any), and improvements upon the IACI property to connect the driveway to the access to Fairview Avenue located upon the IACI Property. W Prior to commencing any construction upon the IACI Property, J & K shall provide IACI with copies of all plans and specifications for such work and shall obtain IACI's written approval of same. (ii) J & K agrees that upon the commencement of any work upon the IACI Property, all construction upon the IACI Property shall be completed in a diligent and workmanlike manner and shall be performed so as to minimize the disruption of access to parking spaces on the IACI Property by customers, employees, and invitees of any business located on the IACI Property. (iii) J & K shall allow no liens to attach to the- IACI Property as a result of any labor performed or materials supplied in connection with the activities of J & K, and its agents or contractors, upon the IACI Property. b. Upon the completion of the , construction of the common driveway and related improvements by J & K as set forth above, the parties each agree to repair and maintain that portion of the easement up to their respective property lines. The costs for said repairs and main ' tenance will be borne by the owner of the property so repaired or maintained. The parties herein covenant and agree to keep the above-described easement in good repair for the duration of this easement. 3. Peaceful Possession. Both parties to this Agreement warrant that they have good and sufficient title to said easement and that all parties, their successors, heirs and assigns shall have quiet and peaceful possession of said easement. 4. Notices. Any notice required under this Agreement shall be sent to the parties at the addresses respectively indicated in this Agreement, unless such addresses change by written notice to each person concerned, in which event the new address given shall be used for the sending of such notice or report. Any required notice shall be made by certified mail, return receipt requested, properly addressed and postage prepaid. 5. Indemnification and Insurance. Cross Access Easement—Page 3 a. J & K shall indemnify, defend and hold 1ACI, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from J & K's use of the easements granted hereby or the use of such easements by J & K's respective customers, agents, invitees, or representatives, and the customers, agents, invitees of any tenant of any portion of the J & K Property; provided, however, J & K shall not be held responsible for any claim, liability, loss, cost, charge, or expense arising out of the intentional or negligent actions of IACI and its tenants, invitees, customers, successors, assigns, and agents. b. IACI shall indemnify, defend and hold J & K, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from IACI's use of the easements granted hereby or the use of such easements by 1ACI's respective customers, agents, invitees, or representatives, and the customers, agents, invitees of any tenant of any portion of the IACI Property; provided, however, IACI shall not be held responsible for any claim, liability, loss, cost, charge, or expense arising out of the intentional or negligent actions of J & K and its tenants, invitees, customers, successors, assigns, and agents. C. Each party shall, at all times, provide and maintain, at their sole cost and expense, commercial general liability insurance insuring against claims for personal injury, bodily injury or death, and property damage or destruction, occurring in, on or about their respective property. The limits of liability of all such insurance shall be not less than $1,000,000 for personal injury or bodily injury or death of any one person, $ 1,000,000 for personal injury or bodily injury or death of more than one person in one occurrence, and $1,000,000 with respect to damage to or destruction of property; or, in lieu of such coverage, a combined single limit (covering personal injury, bodily injury or death and property damage or destruction) with a limit of not less than $1,000,000 per occurrence. 6. Governin2 Law. It is agreed that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Idaho. * 7. Entire Agreement. This Agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 8. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 9. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Attorney's Fees '. In the event that any action is filed in relation to this Agreement, the non -prevailing party in the action shall pay to the prevailing party, in addition to all the sums that either party may be called to pay, a reasonable sum for the prevailing party's attorney's fees. Cross Access Easement—Page 4 11. Paragraph Headings. The titles to the paragraphs of this Agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. 12. Counterparts. This Easement may be executed in counterparts, each part being considered an original document, all parts being but one document. 13. Binding on Successors. This Agreement shall be recorded in the official records of Ada County, State of Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto, shall be perpetual, and shall ran with the land. 14. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. 15. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the parties respective properties which would prevent or obstruct the passage of pedestrian or vehicular travel or access to parking; provided, however, that the foregoing shall not prohibit the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the driveway easement, on either grantor's property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the easement by grantors/grantees, and such work shall be diligently prosecuted to completion. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date indicated below. i & K INVESTMENTS MERIDIAN, LLC, an Idaho Limited Liability Company By: J&K INVESTMENTS, LLC, an Idaho Limited Liability Company Its: Member DATED: PA c4i, 2007 By: �'KE H . HUTCHISON IYN��T Its: Member DATED: 2007 By: 'C= L. rCHISON C ' Its: iri b er Cross Access Easement—Page 5 IDAHO ATHLETIC CLUB, INC., an Idaho Corporation DATED: .19JA of �.®-16c.-, 2007 By: WARDLE, President Cross Access Easement—Page 6 STATE OF IDAHO SS. COUNTY OF CANYON 'JAd-' On this day of 2007, before.me, the undersigned Notary Public in and for said State, personally ap' eared KENNETH R. HUTCHISON, known or identified to me p to be the person whose name is subscribed to the within instrument as a Member of J&K INVESTMENTS, LLC, the entity who executed the foregoing instrument as the Member of J & K INVESTMENTS MERIDIAN, LLC, and acknowledged to me that J & K INVESTMENTS MERIDIAN, LLC 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. 140TA,#* &B LIC' OF STATE OF IDAHO SS. COUNTY OF CANYON NOT RYPT LIC, STATE OFIDAH%j ',/TDPJG AT: Arb-ho Onthisd-OA—ayof 2007, before me, the undersigned Notary Public in and for said State, personally ap�eared JACKIE L. HUTCHISON known or identified to me to be the person whose name is subscribed to the within instrument as a Member of J&K INVESTMENTS, LLC, the entity who executed the foregoing instrument as the Member of J & K INVESTMENTS MERIDIAN, LLC, and acknowledged to me that J & K INVESTMENTS MERIDIAN, LLC 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. '11-0,TA PL)9LIC STATE OF IDAHO RESIDING AT: Ito is- % 0 is COMMISSION EN-PIRAS: Law q-0 j �P- � - 0 1 LIC, *see 000 966966 OP ID ?N' Cross Access Easement—Page 7 STATE OF IDAHO Ss. COUNTY OF ADA On this Ictij, day of 5=41,036g,, 2007, before me, the undersigned Notary Public in and for said State, personally appeared JOHN WARDLE known or identified to me to be the President of IDAHO ATHLETIC CLUB, INC., who executed the foregoing instrument and the person whose name is subscribed to the within instrument, 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. lsee*eo 0 'f'XX go % 'ot C, % z! op I'D NOTARY PTJIBLIC, STATE OF IDAHO RESIDINGAT: COMMISSION ENPIRES: TO Z.010 Cross Access Easement—Page 8 1 *.14 0.113 V k parcel of land being a portion of Lots 2 and 3 in Block 2 of DORIS SUBDIVISION, according to the official plat thereof, filed in Book 16 of Plats at Page 108D, records of Ada County, Idaho, and located in the Southeast :raa-Vter Of Section 6, Township 3 North, Range :i East, Boise meridian, City of leridian, Ada County, Idaho, more particularly described as follows: 20mmencing at a found brass cap (corner record go. 9381309) marking the Southeast corner of said Section 6; thence North 89028127n West, coincident with the South line of said section 6, a Aistance of 1,153.40 feet; thence North 00020104" East, 70.54 feet to a found 5/8 inch rebar/cap PLS 5082 marking the Southwest corner of said Doris Subdivision; thence South 890,2513711 East, coincident with the South line of said Doris Subdivision, 160.77 feet to a set 5/8 inch rebar/cap PLS 10561, and the POINT OF BEGINNING; thence North 001,201041, East, 254.75 feet to a set 5/8 inch rebar/cap PLS 10561; thence South 89025,1371, East, 181.07 feet to a set 5/8 inch rebar/cap PLS 10S61 on the East line of said Lot 3i thenc"e South 00026,021, West, coincident with the East line of said Lots 2 and 3, a distance Of 254.75 feet to a found 1/2 inch rebar/cap PLS 4998 marking the Southeast corner of said Lot 2; thence North 89025137-1 West, coincident with the South line of said Lot 2, a distance Of 180.63 feet to the POINT OF BEGINNING. EXHIBIT "A" Page 1 of 1 EXHIBIT B Lots 5 and 6 in Block 1 of Doris Subdivision, according to the plat thereof, filed in Book 16 of plats at page 1080, records of Ada County, Idaho. EXHIBIT "B" Page 1 of I EXRMIT C EXHIBIT A J & K Investments Cross Access Description 8/29/2007 Job No. 07147 8/29/2007 Land within the SE1/4 of Section 6, T3N, R1 E, B.M., City of Meridian, Ada County, Idaho, as follows: COMMENCING at a brass cap monument, corner record inst. #9391309, marking the southeast corner of said Section 6; Thence North 89*28'27" West coincident with the south line of said Section 6, a distance of 1153.40 feet; Thence North 00*20'04" East, 70.54 feet to a 5/8" iron pin marking the southwest corner of Parcel A as shown on Record of Survey 7535; Thence South 89*25'37" East coincident with the south line of said Parcel A, 178.28 feet; Thence North 00*20'04" East, 42.83 feet to the POINT OF BEGINNING; Thence continuing North 00*20'04' East, 30.00 feet; Thence South 89*25'37" East, 163.27 feet to a point on the east boundary of Parcel B as shown on Record of Survey 7535; Thence continuing South 89*25'37" East, 44.90 feet; Thence South 00*26'02" West, 27.07 feet; Thence South 17*20'56" East, 28.51 feet; Thence South 00'26'02" West, 18.64 feet; Thence North 89*25'37' West, 29.00 feet; Thence North 00*26'02" East, 14.03 feet; Thence North 17*20'56" West, 30.27 feet; Thence North 89*25'37" West, 15.37 feet to a point on the east boundary of Parcel B as shown on Record of Survey 7535; P:\2007\07147TAIRVIEW PAPA MURPHrS\Drawings\Survcy\])escriptions\07147 Cross.DOC RGHAbw 8129/07 1 Treasure Valley Engineers, 'tic. 1204 6'b. Norti" N'anipa, Idaho 81687, EXHIBIT "C" Page I of 3 Thence continuing North 89*25'37' West, 163.22 feet to the POINT OF BEGINNING. Containing 7528 square feet more or less. L A JVb'r' ST 2 r G. z c? -0 7 P:\2007\07147\FAIRVIEW PAPA MURPHYS\Drawings\Survey\Descriptionsk07l47 Cross.DOC RGWlbw 8/2.9/07 2 Treasure Valle ' v j7p.vjjjee(-; '., I Ile. (20,�) 463-03,05 1204 6"1'. Srv�et Nllortrl Fav ('208) 463-439; -Nannpal Jdaho 8 36,S7 1W.Inc.com" EXHIBIT "C" Page 2 of 3 EXHIBIT 15 A 11 sFAGLE mm, LLc-UTIMTY EASEMENT A P01MON OF LOTS 2 AND 3 BLOCK 2, OF DORIS SVBDMSION, LOCATED LIV TRE SE 114 OF SEC77ON 6. T 3 N, R 1 R., B. M.. CITY OF MERIDUN, ADA COMY. IDAHO 2006 S 8975'37"IE :b 16127' 7525 S.F.1 0. 17 Ac..t PARCEL B 76.122' N 89'2537" W w S 892537' E 178.28' N 8925,3?. w 29.00 A .8m I m'jm —�cw N 89-2827' W 1153.40' 6,�5 F. FADMEW AVE. (U.S. H" 30) 7'YB A— kL LA S 07 TREASURE KAUEY ENGINEERS, INC 1204 6TH STREET NORTH NAMPA, IDAHO 83687 Lf) (208) 463-0305 FAX t2O8) 463-4391 mai]@TreasureValleyEngineers.com ElyGINEFRy PummERS SURVEYORS VISIT OUR WEB SITE. irww. Treasure ValleyEngfneers. com 1= EXHIBIT "C" Page 3 of 3 m SOD O mm O o C=D 'rl a � � n CL o _ CD h CD :3 N CSD 1 m a x y Z a) m�O� a amZZn C) I cc: o 00 X n . 07'=�=�C Ql V W _ W V V n CITY OF " � 1 0 /f �YlG� an 33 E. Idaho Ave. �. Meridian, ID 83642 Date Applicant -49 Address F6 (0 y & Phone i D j I I 56 _ I I w m ;a Cn ' N Qo u' m 1 I I :D I I � Z � rn i I j I I I D z I 1 I I I I Y i N CID rn I I O O TAX I O O O v r 00 B) Security features. Details an back. - N 0);.; CITY OF " � 1 0 /f �YlG� an 33 E. Idaho Ave. �. Meridian, ID 83642 Date Applicant -49 Address F6 (0 y & Phone CASA CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT •DESCRIPTION AMOUNT ^ I oma) I I I _ I I I I I 1 I I I I 1 I I ' I I I I I I I I I 1 I I I I I Y I I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX I 11491 RReceive By TZ bA�� TOTAL 94352 t7"& woe�" n October 19, 2007 To: J&K Investments Meridian, LLC 8716 Quail Ridge Dr. Nampa, ID 83686 Rep: Architecture Northwest- Jason Slawson 22416 1h Ave. S. Nampa, ID 83651 Subject: MCZC-07-21 0 Retail Bldg. 1330 E. Fairview Ave. CC: N*hl John S. Franden, President Rebecca W. Arnold, Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner Carol A. McKee, Commissioner T, 2 ", 209,17 r �� v Oerl� fi�,f Q— In response to your request for comment, the Ada County Highway District (ACHD) Planning Review staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that there are no site specific requirements for you at this time due to the fact that all street improvements exist. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require improvements to the transportation system at that time. Prior to final approval you will need to submit construction plans to the ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the Development Review staff at the Highway District. A traffic impact fee will need to 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. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. If you have any questions, please feel free to contact me at (208) 387-6177 Sincerely, Chelsee Kucera Right -of -Way and Development Services Project file City of Meridian Ada County Highway District 9 3775 Adams Street * Garden City, ID * 83714 * PH 208-387-6100 * FX 345-7650 a www.achd.ada.id.us NSubmit a development application to a City or to the County OThe City or the County will transmit the development application to ACHD OThe ACHD Planning Review Division will receive the development application to review OThe Planning Review Division will do one of the following: OSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ElSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. OWrite a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. E]Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. OThe Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. E]For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of- way, including, but not limited to, driveway approaches, street improvements and utility cuts. E]Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) El Driveway or Property Approach(s) Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. [:1 Working in the ACHD Right -of -Way Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction — Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) El Sediment & Erosion Submittal At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Drainage Division. El Idaho Power Company Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. El Final Approval from Development Services ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre - Con. Ada County Highway District * 3775 Adams Street * Garden City, ID * 83714 * PH 208-387-6100 e FX 345-7650 * www.achd.ada.id.us end1a.11-n'_ Planning Department ALTERNATWE COMPLIANCE n Application Checklist - Project name: KtrAj, R&I, M�&4 Fba Ak ZAYF_%rm",m Mew Q,&�, LLC_ I File #: 6 _ApplicariVagcnt:Ay,t,4,3-'-" All applications are required to contain —0ne copy of the following unless otherwise noted: Applicant Description Staff Completed & signed Administrative Review Application (Ifalsosilbiniffingaconcuffentapplicatio,iforopreliniinaiypiat,,.c,,ditio,,I as,p,mii theAllernative Compliance equest will beprocessed along with that application. Therefore, an Administrative Review application is not necessmy in this case;just check the Alternative Compliance box on Commission & Coancil j?,vj, AeEheation andsubmit the �g �nrmation below.) Narrative fully describing the proposed request including the following- > The specific requirements that are proposed to be modified )> Address the reason why strict adherence or application of the requirements are not feasible > Demonstrate how the proposed alternative means for compliance with the specific requirements provides an equal or superior means of meeting the intent and purpose of the regulation 1�, Any su,,orting documentation or plans Fee i'&b R TH'SAPPLICAT'ONS'L4LL NOTBE CONS'DERED COMPLETL UNTIL STAFFHAS RECEIVED ALL EQ UIRED INFORMATION 660 E. Watertower Lane, Suite 202 - Meridian, Idaho 83642 Phone: (208) 884-5533 - Facsimile: (208) 888-6854 e Welasite: wvvwmericiancity.org (Rev� 9121106) 614 AU �Fll, t WIWI Type of Review Requested (check all that apply) 0 Accessory Use M(Alternative Compliance 0 Certificate of Zoning Compliance 0 Conditional Use Permit Minor Modification 0 Design Review 0 Private Street 0 Property Boundary Adjustment 0 Short Plat 0 Temporary Use Certificate of Zoning Compliance 0 Time Extension (Director) 0 Vacation 0 Other Planning Department ADMINISTRATIVE REVIEW APPLICATION Filenumber(s): AL-�-rA-611 Project name: Re_�OA Datefiled: `1-1_7-b� Datecomplete; Assigned Planner: �/;"I/ Related files: C:ZC — D-7 Applicant Information Applicant name:3 * K AfA2,ic,,A,1 LL.C— Phone: 4(41-icM-1 Applicant address: A7 1(v L_ 17, Cg4r 'L)94L* 11"PA =0 Zip: Applicant's interest in property: IN Own [I Rent 0 Optioned D Other Owner name: Owner address: Phone: Zip: Agent name (e.g., architect, engineer, developer, representative): �Ac_.COA Firm name: Ptecpmi er *.cT%jo tAp&xkL,.fi= P. A. Phone: 4tAl -&&11 Address: ZZN 16Te Ays- 2m�Lr[�i IAA"pA -=p Zip: A3651 Primary contact is: 0 Applicant 0 Owner 19 Agent 0 Other Contact namc:,S-�, -C.-ftwaipj Phone: 4(al -1311 E-mail: �A�bmy% e OLye,nNko. C.OAN Fax: Subject Property Information Location/street address: _L32wn F_ rAi P�%J i L4,� A v r - Assessor's parcel number(s): r4lRc>iCoC0A4 Township, range, section: *%%et IF�t� Total acreage: I, p(p Currentlanduse: SAW- %4C9#. Current zoning district: 660 E. Watertower Lane, Suite 202 - Meridian, Idalio 83642 Phone: (208) 884-5533 - Facsimile: (208) 888-6854 - Website: www.meridimeity.org I (Rev. 9121106) Project/subdivision name: OCA4 tbsril�L ,F J. -m 2*,�S 't5LCWd4' 'Z 'LAO-gif, General description of proposed project/request: hk.> C0MMtQ4,kL_ S%A[Ub,�Lj W Proposed zoning district(s): C - Q . Acres of each zone proposed: 1. 0(o Type of use proposed (check all that apply): 11 Residential ;gComarriercial 00ffice Offidustrial UOther Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? 0.�"-be Which irrigation district does this property lie within? tdi%�eA . AAk2,cnNA Primary irrigation source: C i 7Y u6�19&� Secondary: ? Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) AIA 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 (s.f): Gross density (Dulacre-total land): Percentage of open space provided: Percentage of uscable open space: 2 or more Bedrooms: Proposed building height: — Average property size (s.f): Net density (DIJ/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: OSingle-family OTownhomes []Duplexes DMulti-family Non-residential Project Summary (if applicable) Number of building Other lots: ZF Gross floor area proposed: -),-750 Existing (if applicable): e:r Hours of operation (days and hours): Buildingheight: 20'-4p" Percentage of site/project devoted to the following: Landscaping: ISIZ4 (3p!/,) Building: �15ci (110/) — Paving: 2 .14it (rayl Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: '35k Number of compact spaces provided: Authorization Print applicant name: 3� Z:��4 F_�� Applicant signature: '1." !ffo� — Date: 14. 11. c* 660 E. Watertower Lane, Suite 202 - Meridian, Idalin 83642 Phone: (208) 884-5533 - Facsimile: (208) 888-6854 - Website: www.meridiancity.org 2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA Or U (name) (addr9j (city) (state) being first duly swom upon, oath, depose and say: I That ' I am the record owner of the property described on the attached, and I grant my permission to: M-404um HP"E3:z-Pj 5�jp 2-24 Wt�,% A%45 WCM190� I IDP4-40 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 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. 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 / 4? 6� day of daczz .20 (1 Z V, rz VV AW AND SWORN to before me the day and year first above written. CA J?R Aa A 14ff xi NRY % 0 (Notary Public for Idaho) Residing at: &'y /VLt Xn 0a 0 C) q I Puv� My Commission Expires: *-4 2/0 .4 0 - A I ps AP,C1-1I'rEC'rUP,E Randall Haverfi.ld, AJ -A. April 14, 2008 RANDALL HAVERFIELD AIA ARCHITECT & PLANNER 22416TH AVENUE SOUTH NARPA, H) 83651 PH(208) 467-3377 FAX (208) 467-4343 LETTER OF E"LANA TION Meridian Planning Department 660 E. Watertower Lane, Ste 202 Meridian, Idaho 83642 Re: Retail Building for J & K Investments Meridian, LLC. J & K Investments Meridian, LLC would like to request alternative compliance to the required landscape buffer width along Fairview Avenue. It was originally proposed that the development would have a 25'-0" wide landscaped area that was adjacent to the existing sidewalk that was adjacent to Fairview Avenue. This met the required width for a landscape buffer while also allowing the parking drive aisle to better align with the proposed cross access provision that the City of Meridian was seeking. After construction was complete, it was determined that the actual location of the existing sidewalk was 10'-0" closer to the building that originally thought. While the number and location of the trees was maintained, this did not allow the width of landscaped lawn area to remain the same. It is the intent of J & K Investments to add additional landscaping to the property to account for the loss of lawn area. Two new shade trees will be added to the North (rear) lawn area. This will serve as a sight break to the back of the building from the residential area and also provide for a shaded break area. J & K Investments feels that adherence to the requirement is not possible due to the requirement for cross access to the neighboring property, the existing location of the sidewalk and street, and the fact that the project is complete and operating under a temporary certificate of occupancy. Sincerely, wso Jason ila Z' onz ;Uthorized Representative Architecture Northwest, P.A. 22416 1h Avenue South Nampa, ID 83642 �- I AVE Mk9w ..-IM WO/Md �PT-I DSS-WOHI Lr:20 M -M -Lo lip �- I AVE Mk9w ..-IM WO/Md �PT-I DSS-WOHI Lr:20 M -M -Lo c M POP r 0 H P 5 Jill! 24 lip Hill 21 2 111R 4-w� Re Iq Iq 4U 14 r T�J�� i- �i r r 0 9 z .6 r 4LLL z! z 0 Oz, IF FAIFVIE W AVE J K NEW RETAIL RUILDINCI I 8 MERWIDIAN, I.I.C. INVESTMENT' kRCHMMIIIE [ to. I . 11, � h. .111. I q, F ARCHITECTU RAL PLAN I SITE n z z KID ON Ell If r! FL - H, Cc OZ. & VAN am -on C....... rZ a .. ........ x ..... .... .. so r r z Z"'j .13 'JAW Fig Y 0 1. ir wo jp oilr I I I I I I I Id I I I W9 r z q P z OnD Ali, Ilul FAIRVIEW AVE CU r Fig 177117-11FARCHITECTURAL NOW RETAIL BUILDING J & K INVESTMENTS MERIDIAN, LLC. kRC= m LANDSCAPE PLAN I OW 11� t3NN" 1. . skiaune uommixmi =N SJLN3Nj.S3ANI M I F 11VIRM Am" cm C= Cj cm u C1 .. ...... CD Is Gklo 22 .......... zz� ,2.,j Is W Z.B; M I znz; nz ........... H tz, i,� ;;.­Zztne OR z z 19 g I R! .......... 0 0 G G a . ..... zi 65 G e 0 0 e J & K Invesments Meridian 9,P4- ' 11�6. I �L .— 1 $626 OEM al "I 1112 1 87 157�9 Is a user generated stallc output from an Internet mapping site and Is for general only. Data %ers that appear onBthls map may or me not be accurate, current, or reliable. THI MAP IS NOT TO E USED FOR NAVrGATION. i 1540 5�0 7 Legend Major street$ f/ MINOR ARTERIAL /Z MAJOR COLLECTOR SECTION PRINCIPAL ARTERIAL #0 INTERSTATE Other Minor Streets LOCAL PARKS PRIVATE RESIDENTIAL /11 Other Street Names (minor) Addresses Parcels Ada.OQ2003 Schools Parks City Limits 0 Kum, 0 Boise [3 Garden City [:3 Eagle Star Meridian Other Scale: 1:2,500 1 4,1 -7-7-w- V4 ease ars, RIEWAltow"e i 1540 5�0 7 Legend Major street$ f/ MINOR ARTERIAL /Z MAJOR COLLECTOR SECTION PRINCIPAL ARTERIAL #0 INTERSTATE Other Minor Streets LOCAL PARKS PRIVATE RESIDENTIAL /11 Other Street Names (minor) Addresses Parcels Ada.OQ2003 Schools Parks City Limits 0 Kum, 0 Boise [3 Garden City [:3 Eagle Star Meridian Other Scale: 1:2,500 1