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Joint Venture Building
E IDIAN """ via a '" ��� (�8) 0,7421, O&erity it ' a $dam ew A tfermitsW"aud%x ins�ecfi�i�i CERTIFICATE OF ZONING COMPLIANCE* Date: August 17, 2009 Project Name/Number: Joint Venture Building — CZC-09-036; DES -09-018; ALT -09-010 Owner: VJ Joint Ventures LLC Site Address: 3983 E. Pine Avenue Proposed Use: 25,200 square foot Industrial Shell Zoning: Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and previous development applications associated with this site (VAR -09-002). The issuance of this CZC does not release the applicant from any previous requirements or other permits issued for this site. Landscaping: The Landscape Plan, dated 06/11/09, labeled Sheet L-1, is approved (stamped "Approved" on 08/17/09 by the Meridian Planning Department) with the no changes. 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. 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, dated 06/11/09, labeled Sheet SP -1, is approved (stamped "Approved" on 08/17/09 by the Meridian Planning Department) with no changes. Design Review/Alternative Compliance: The applicant is requesting alternative compliance to the structure and site design review standards in the UDC. The applicant is requesting to locate all of the required parking between the building fagade and the abutting streets. Per UDC 11-3A-19.3, no more than 50 percent of the total off-street parking area for the site shall be located between building facades and abutting streets. The site has been designed to use the building as physical barrier to separate the parking and pedestrian area from the truck traffic area. Because this is an industrial zoned property, Staff finds providing separation between the two activity areas more desirable from a safety stand point. In addition, the applicant is screening the parking area with eighteen additional shrubs along Pine Avenue. Therefore, the Planning Director approves the alternative compliance request as submitted on the site plan stamped approved on August 17, 2009. Elevations: Elevations, dated 08/14/09, labeled A-1, are approved (stamped "Approved" on 08/17/09 by the Meridian Planning Department) with no changes. Irri ag tion: 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 11-3B-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11 -3B -10-C.5. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3C and 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. 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. - - Lighting: 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 11-3D. 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. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the 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. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan, and Elevations, stamped "Approved" on 08/17/09, 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. Note: If the plat for the subdivision in which this property lies has not been recorded, all subdivision improvements shall be installed prior to occupancy of the first structure in the subdivision. 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. Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: _ an -File #:• A licantla ent: All applications are required to contain one copy of the following unless otherwise noted: Applicant p Staff (4) Description L-- 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 authorizedagent.) Scaled vicinity map showing the location of the subject property^ -- Fire Marshall approval for access and turn around (stamped, full size site plan) — Sanitary Service Company approval for trash enclosure & access drive (stamped, fun size site Ian) _ ✓ Civil Site/Dimension Plan - 1 full size co (folded to 8 t/2" x 11" size) 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 the property lies within (8 t/2" x 11") ---� Address verification letter from Public Works (898-5500) . Site Plan -4 copies (folded to 8 r/s" x 11" size) The Mowing 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 enclosure(s) location • Detail of trash enclosure (must be screened on 3 sides) / • Location and specifications for underground irrigation (Pressurized irrigation can only be V 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 r • Reduction of the site plan (8 t/2" x I 1") Landscape plan - 3 copies (folded to 8 t/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 Mowing items must be included on the landscapeplan: • Date, scale, north arrow, and project name 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www_meridiancity.org YJ ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. 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 & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 4/03109) • Names, addresses, and telephone numbers of the developer and the person and/or ✓ firm preparing the plan / • Stamp/signature of a landscape architect, landscape designer, or qualified ✓ nurseryman preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, ZA flood lairs, high groundwater areas, and rock outcroppings • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the NZA tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be ISJ /A 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, si s, 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, It, or III), and comments (for spacing, stakin , and installation as appropriate) • Planting and installation details as necessary to ensure conformance with all required standards • Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ✓� Number of street trees and lineal feet of street frontage ✓➢ Width of street buffers (exclusive of right-of-way) ➢ Width of parking lot perimeter landscape strip ➢ Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix ➢ Mitigation for removal of existing trees, including number of caliper inches being removed 1/ Reduction of the landscape plan (8 %z" x 11 Building elevations showing construction materials — 3 copies (folded to 8 Ili' x 11" size). 1- ' Reduction of the elevations (8 W' x 11") If applying for approval of a public school, provide additional information as required by 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 responsible for meeting the requirements of ACHD as they pertain to this application. 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 & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 4/03109) Planning Department ALTERNATIVE COMPLIANCE ■ Application Checklist Project name: A N E 1,ej Pir 1 t L_l? j ty.C� Fop \Z -j _I dot+ 't' V4U1-4-rU p gF- 0,;. Applicant/agent: GAYL-s ... 657" SC&{ naS7"7`/'I7 - All applications are required to contain one copy of the following unless otherwise noted: A Cailt� ii'si' Descnption`� Completed & signed Administrative Review Application (If also submitting a concurrent application for a preliminary plat or conditional use permit, the Alternative' Compliance request will be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Alternative Compliance box on Commission & Council Review M Application and submit the information 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 z of the regulation ➢ Any supporting documentation or plans Fee = THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 11/4/08) iect name: Planning Department DESIGN REVIEW ■ Application Checklist All applications are required to contain one copy of the following: Concurrent File #: ws-o/ 4ly Applicant p �,�) Description Staff O Completed and signed Administrative Review Application (If also submitting a concurrent application for Conditional Use Permit, design review will _ be processed along with that application. Therefore, an Administrative Review application is not necessary in. this case; just check the Design Review box on Commission & Council Review A lication and submit the in ormation below.) ,C..o��I?two„ Man„al Compliance Checklists (B. Urban Design Guidelines; C. I7� rban Suburban Design Guideline�D. Suburban Design Guidelines, E. Residential Design Guidelines) as applicable. Provide in a narrative letter, how the proposal addresses guidelines contained in the Meridian Design Manual and UDC 11-3A-19: 1. Architectural Character: a. Facades. b. Primary public entrance(s). c. Roof lines. d. Pattern variations. .� e. Fenestration f. Mechanical equipment. 2. Color and materials. Please provide color chips or exhibits of proposed colors. 3. Site Plan and Building Layout a. Building location b. Parking areas. c. Access d. Street layout and/or internal circulation. e. Pedestrian walkways and facilities. I/ A complete set of scaled plans including building elevations, with building materials, colors _ and textures specified and site plans. Reductions of the elevations (81h” x 11") Fee Itl 3. 911 - All requests for design review approval must meet the procedures set forth in UDC 11-5 and the criteria set forth in the "Meridian Design Manual", as applicable. APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMTITED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 03/23/09)) 0 E IDIAN*- 6�iANCa Project name: I L INC Applicant/agent e-7 r7 1 q Planning Department DESIGN REVIEW Design Manual Compliance I See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www_meridiancity.org 1214/08) , C-1.2.3.3. Establish internal site circulation as an �M interconnected network of walkways, pathways... yx C-1.2.3.4. Plan for access and connectivity to future transit facilities, including, but not limited to... C-1.2.3.4.1. Coordinate with the appropriate agencies and organizations to ensure the successful... I See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 0 Website: www.meridiancity.org C-1.2.3.1. Limit direct vehicular access off major C7NL`r OMr: ACI -est d roadways, including highways, principal arterials... 'fit Na_ AVE , C-1.2.3.1.1. Coordinate and combine access points p c ecss Po i tr t 5 At.rtitt with adjacent sites and uses to reduce or eliminate... d pR tt�e-IPG T'LA« C-1.2.3.1.2. Provide site ingress/egress from secondary roadways for sites adjacent to major roadways. C-1.2.3.1.3. Where secondary roadways cannot be M provided, coordinate and combine access points to... v C-1.2.3.1.4. Multiple -site and large-scale developments should limit ingress/egress points and establish... C-1.2.3.1.5. Use shared access points, secondary roadways, or internal circulation to access corner sites. C-1.2.3.2. Provide pedestrian and vehicular connections that link adjacent uses and circulation... C-1.2.3.2.1. Where possible, coordinate and align ?2 ingress/egress points, cross access, and internal... �x ; C-1.2.3.2.2. Unrestricted access points and roadways used for site entry should align across primary... C-1.2.3.3. Establish internal site circulation as an �M interconnected network of walkways, pathways... yx C-1.2.3.4. Plan for access and connectivity to future transit facilities, including, but not limited to... C-1.2.3.4.1. Coordinate with the appropriate agencies and organizations to ensure the successful... I See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 0 Website: www.meridiancity.org X I I C-1.3.2.2. Provide clearly defined building entries and connect them to roadways, pedestrian walkways... I See corresponding item in the Design Manual for fill text. Z Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-1.3.2.2.1. Primary building entries should face roadways, pedestrian environments, or adjacent... >> C-1.3.2.2.2. Large-scale buildings should provide entrances on at least two different building facades... C-1.3.2.3. Strategically locate public spaces and site "3 amenities, such as common open space, transit... / C-1.3.2.3.1. Organize buildings around public space and site amenities to establish destinations that... L C 1 3 2 3 2 3 Use buijchng facades; enhanced .z streetsca es or other ro nate enhancements to'•s><3 P..,.:P. app C-1.3.2.3.3. Orient public spaces and site amenities r toward roadways adjacent to building entries... X 3 2 3g4 s Spaces designed for courtyards, outdoor r 4C 5seaung,^diiung areas, or other sxichspaces should.: C-1.3.2.4. Locate parking toward the interior of the site and integrate parking areas to establish an attractive... ' k."x C-1.3.2.4.1. Place parking areas away from site corners, primarily to the rear and/or side of buildings...y? C-1.3.2.4.2. Use a parking strategy to minimize then land area devoted to vehiculararkin include...' P g� r _yw 1. 3.2.4.3. Distribute parking into smaller areas " -- V", Y aroundC- , between, and behind structures to shorten the... �� S VS. C-1.3.2.5. Where possible, coordinate the placement of public spaces, site amenities, parking areas, and/or... k b C-1.3.2.6. Locate site services, building utilities, and mechanical equipment to enhance the attractiveness... , C-1.3.2.6.1. Place and orient service and loading areas, mechanical equipment, and utilities away from... �> C-1.3.2.6:2. Where possible, place service and loading re rz areas behind buildings and provide access from... s C-1.3.2.6.3. Coordinate the placement of freestanding site services and mechanical equipment to eliminate..., C-1.3.2.6.4. Place utility lines underground and away from planting zones whenever possible. e I See corresponding item in the Design Manual for fill text. Z Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org To incorporate parking as an integrated element of the built environment and address issues that influence the physical and visual characteristics of parking areas, such as the appropriate location for parking, size of parking areas, paving materials, landscaping, and screening. 4clL AOOC-D SF To —rN— e L 4 &,w X I d C-1.4.2.1. Parking areas should establish an - Ler7t2 appropriate circulation pattern for pedestrians and... u I C-1.4.2.1.1. Coordinate vehicular and pedestrian ` circulation patterns to delineate pedestrian walkways... C-1.4.2.1.2. Provide pedestrian connections from internal circulation to public spaces and adjacent... C-1.4.2.2. Design surface parking as an integrated and attractive element of the built environment that... C-1.4.2.2.1. Break up parking areas into smaller, separated modules and arrange parking to minimize... 3' C-1.4.2.2.2. Reduce the depth of parking areas and limit parking between building facades and... ;;tr C-1.4.2.2.3. The design and layout of internal site fr. parking should avoid long, unbroken parking bays... C-1.4.2.2.4. Use trees, landscaping, hardscapes, and architectural elements to provide shade, create... s> ; 4clL AOOC-D SF To —rN— e L 4 &,w X I d To provide a variety of attractive, usable, and integrated public and open spaces that enhance development character, encourage pedestrian use, and contribute to community life and the positive experience of daily activities. C-1.5.3.1. Design public and open spaces as `7146 -n -C lkR-Mr a V Pet1%,te 3014 C-eS axt,aPT A -r -r destinations within individual developments and... I See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org C-1.4.2.2.7. Distribute and integrate appropriately scaled lighting to provide safe and adequately... C-1.4.2.3. Where appropriate, incorporate and arrangeVr u I on -street parking to produce traffic calming effects... ` C-1.4.2.3.1. Coordinate the use of on -street parking, including the design and location, with the... To provide a variety of attractive, usable, and integrated public and open spaces that enhance development character, encourage pedestrian use, and contribute to community life and the positive experience of daily activities. C-1.5.3.1. Design public and open spaces as `7146 -n -C lkR-Mr a V Pet1%,te 3014 C-eS axt,aPT A -r -r destinations within individual developments and... I See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org C-1.5.3.1.1. Provide appropriate types and sizes of public and open spaces, including development... C-1.5.3.1.2. Clearly delineate the edges of public H_ I spaces. Use building fagades, materials, architectural... C-1.5.3.1.4. Design public spaces to provide visual interest that enhances development character and... t.�fC-1.5.3.1.5. Where appropriate, use public and open spaces as transitions between land uses to promote... C-1.5.3.2. Incorporate pedestrian -oriented amenities that promote various active and passive uses within... C-1.5.3.2.1. Use decorative pavers or other materials suitable for hardscapes that endure well and add... C-1.5.3.2.2. Incorporate plantings, trees, and other plant $ materials to add vertical texture and variety to public... C-1.5.3.2.3. Provide adequate seating that reflects the nature of the intended activities. Use fixed seating... C-1.5.3.2.6. Where appropriate, provide pedestrian - scaled light fixtures that provide adequate lighting... C-1.5.3.3. Public and open spaces should maintain pedestrian and user safety and provide secure... I See corresponding item in the Design Manual for full text. 2Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 4 Appropriately use formal and/or informal planting arrangements to meet the guideline. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-1.6.2.2.3. Incorporate various plants and non- vegetative materials that provide groundcover and... C-1.6.2.4. Where possible, development should I71m4 c 5 L A N1 O S G A P t N C- 'V f L L coordinate landscaping with adjacent properties to... M A -r c H TH %s sc_H u t✓t^K1� ' 19urcrot"C_ T.Ti4W Wv iT To encourage visually aesthetic building designs that promote quality architectural character and establish built environments that are compatible with existing, planned, and/or anticipated adjacent land uses. , ... I . 1 1. 1 C=162.2.2....Iandscaping should encourage the ` appropriate and attractive use of xenc, drought . .< C-1.6.2.2.3. Incorporate various plants and non- vegetative materials that provide groundcover and... C-1.6.2.4. Where possible, development should I71m4 c 5 L A N1 O S G A P t N C- 'V f L L coordinate landscaping with adjacent properties to... M A -r c H TH %s sc_H u t✓t^K1� ' 19urcrot"C_ T.Ti4W Wv iT To encourage visually aesthetic building designs that promote quality architectural character and establish built environments that are compatible with existing, planned, and/or anticipated adjacent land uses. C-2.1.3.4.1. Design buildings to enhance the 'r t i TP CJ I L.O um a. LV 14- - attractiveness and appeal of developments, define... 1-F t Div THw Mce-rAL 5-mPa C-2.1.3.4.2. Where appropriate, incorporate human and pedestrian scale as integral components of the... C-2.1.3.5. Use building design and architecture to promote mixed-use and denser developments as... I See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 5 Incorporating vertically integrated uses may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.1.3.1. Building designs should appropriately ` address building scale, mass, and form, and the use... .< C-2.1.3.2. Use fundamental design principles, including, but not limited to, composition, order... =.. C-2.1.3.3. Design building fagades that express architectural character and incorporate the use of... C-2.1.3.3.1. Design all appropriate sides of buildings, z .i including fagades that face public roadways, public... s C-2.1.3.4. Building design should enhance public and s opens spaces, articulate aesthetic character, and... C-2.1.3.4.1. Design buildings to enhance the 'r t i TP CJ I L.O um a. LV 14- - attractiveness and appeal of developments, define... 1-F t Div THw Mce-rAL 5-mPa C-2.1.3.4.2. Where appropriate, incorporate human and pedestrian scale as integral components of the... C-2.1.3.5. Use building design and architecture to promote mixed-use and denser developments as... I See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 5 Incorporating vertically integrated uses may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org To encourage building designs -that appropriately use architectural and human scale to establish compatible physical and visual relationships with adjacent and surrounding developments and reinforce a cohesive architectural character. To enhance the visual interest of building designs and promote quality architectural character. N/A Design Giideluiesr ComrrieirtsZ Staff C-2.2.2.1. Proposed developments should use _774 rs 15 y, c.p, 1-4 I4s proportion and scale to design buildings compatible... - NA7 MATG6-1 -r-Pis c:rr (S t:. C-2.3.2.1.1. Building fagades that face roadways, c.[rL-I t Y3 - Infill, greenfield, and redevelopment wtnt ' ' (cf ANA C ANO z y VdC-2.2.2.1.1. proposals should coordinate the placement... buildings that are compatible with surrounding uses... C-2.2.2.1.2. Large-scale and multibuilding developments are encouraged to produce innovative... �r ffl modulations, architectural elements, details... z " C-2.2.2.1.3. Where possible, group or incorporate ALC- 1�14r¢.Y-f HAtie CKao t�ks x smaller uses along fagades that introduce modulation... °pe- e�U�p4S 't3 t3N(-tqlurF §' ; C-2.2.2.2. Design and configure buildings to reduce w s overwhelming and disproportioned architectural... x i C-2.2.2.2.1. Development should consider the scale of '7A('; surrounding buildings, including relationships to... C-2.2.2.2.2. Use variation in building form and proximity to other buildings, including, but not... ��x F C-2.2.2.2.3. Where appropriate, establish a hierarchy of & �k ➢£ building scales that transition from intense to less... yY C-2.2.2.2.4. Building scales along roadways and s I N 47G& S Tv t2 -Y rJ44t L4 t t k T I/ adjacent to or near urban areas of the community are... :V, C-2.2.2.3. Incorporate human scale on appropriateY�Y building fagades to support an aesthetic architectural... C-2.2.2.3.1. Use human scale to emphasize fenestration`s patterns, architectural elements, proportion...„ C-2.2.2.3.2. Human scale is required at theground or '� . street level at building entries, along roadways, and... To enhance the visual interest of building designs and promote quality architectural character. I See corresponding item in the Design Manual for full text. 2Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.3.2.1. Articulate building forms, including, but not L.(r t-1 Avis F=S6.0 A cusNs-s limited to, massing, walls, and roofs, with... -rex T root -r A Arta t:. C-2.3.2.1.1. Building fagades that face roadways, Loft; t-4 hv6 t tit C c, t t D �� Y3 - public spaces, and pedestrian environments should... wtnt ' ' (cf ANA C ANO z y C-2.3.2.1.2. Design parking structures as integrated buildings that are compatible with surrounding uses... C-2.3.2.1.3. Parking structures should incorporate : �> modulations, architectural elements, details... z " C-2.3.2.2. Incorporate visual and physical distinctions ALC- 1�14r¢.Y-f HAtie CKao t�ks x in the building design that enhance building forms... °pe- e�U�p4S 't3 t3N(-tqlurF `' I See corresponding item in the Design Manual for full text. 2Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.3.2.2.1. Use divisions, fenestration, architectural w t., t -f R uc, u s d� p 'ZTXC d1A1r elements, details, accent materials, and human scale... A'" -vIrnLs wr'TM rruve. Li A w C-2.3.2.2.2. Where building designs incorporate multiple stories, or equivalent building heights... C-2.3.2.2.3. Use horizontal and vertical divisions in wall planes to organize fenestration as integrated... C-2.3.2.2.4. Design lower stories to visually anchor buildings to the ground or street and appropriately... 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.3.2.2.5. Design the uppermost story or facade wall weer HAV 6 u 5 LSn Tcsxedaa-s 3: planes to complete the building design. Use articulation... F_eV6/4L3�'4 M ° C v r C-2.3.2.2.6. Building designs within designated areas of. the Ten Mile Specific Area Plan are encouraged to use... ` C-2.3.2.3. Building designs should establish visual connections that relate internal spaces at ground- or... C-2.3.2.3.1. Use architectural elements, such as doors and ALL (N-YtL.Ya A'79 n G 0.00rf windows, details, and materials to articulate building... L.L'v&c_ pori -L ppC,C -n�Eo "Ali— M---. 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.3.2.3.2. Fagades at ground level should average 40 3: percent transparency along roadways and adjacent to... r C-2.3.2.4. Building designs should provide proportionally taller ground -level fagades to accommodate various... C-2.3.2.5. Building roof types, forms, and elements should provide variation and interest to building... C-2.3.2.5.1. Building designs should incorporate appropriate roof forms with primary and secondary... C-2.3.2.5.2. Where appropriate, modulate and/or tj.car Res R ac, r IS td 1pp67-c articulate roof types, both flat and sloped, with roof... O�Y A P^ V-^ P sz 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 • Website: www.meridiancity.org VvNT; C-2.4.2.3.1. Use integrated architectural elements to provide adequate screening and appropriately... C-2.4.2.3.2. Screen service equipment at ground level from pedestrian and vehicular view to a minimum... C-2.4.2.3.3. Screen service and building equipment that is attached or on top of structures from public view... ✓ C-2.4.2.3.4. Use screening techniques, architectural elements, and materials that are consistent, the... To encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to the development of a timeless community character. C-2.5.2.1. Buildings with fagades that face multiple roadways and/or public spaces should use consistent... + C-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design... C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for... C-2.5.2.2.2. Concrete masonry that provides texture, V le B A v< u 5 d� 0 `res�ev� AT Tj/l4 c0V-tytp5 e1L interest, and detail may be appropriate for building... C-2.5.2.2.3. Use well -detailed, proportioned, and durable materials that will weather and age gracefully... C-2.5.2.2.4. Create interest and variety in fagade design to establish attractive architectural character and... C-2.5.2.2.5. Provide pattern, texture, and detail in the building design and distinguish field materials from... C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance... C-2.5.2.4. Use colors that complement the use of building materials and support innovative and good... C-2.5.2.4.1. The use of subtle, neutral, and ur nes or field materials should complement accent... C-2.5.2.4.2. The use of intensely bright and fluorescent colors, as well as the widespread use of saturated... C-2.5.2.4.3. Materials or colors with high reflectance, c A M u e'fJ^ c 6 A T N tY such as metal or reflective glazing, should be... AN Gr-C:.L-A l lu dT t-0 c_^rivtr 2.6 Signs &; Lighting; 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.4.2.2. Building designs should not create blank wall p4u �—rf C a a R S , I3cc �a r6, segments along roadways or adjacent to public space...N Ca C-2.4.2.3. Organize and locate building service l -t C -t aeric a c u*II-rt ,utso- 'r a equipment, including, but not limited to, mechanical... t N v 15 a er p r av o A ry b PAVAP 7 cantfel VvNT; C-2.4.2.3.1. Use integrated architectural elements to provide adequate screening and appropriately... C-2.4.2.3.2. Screen service equipment at ground level from pedestrian and vehicular view to a minimum... C-2.4.2.3.3. Screen service and building equipment that is attached or on top of structures from public view... ✓ C-2.4.2.3.4. Use screening techniques, architectural elements, and materials that are consistent, the... To encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to the development of a timeless community character. C-2.5.2.1. Buildings with fagades that face multiple roadways and/or public spaces should use consistent... + C-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design... C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for... C-2.5.2.2.2. Concrete masonry that provides texture, V le B A v< u 5 d� 0 `res�ev� AT Tj/l4 c0V-tytp5 e1L interest, and detail may be appropriate for building... C-2.5.2.2.3. Use well -detailed, proportioned, and durable materials that will weather and age gracefully... C-2.5.2.2.4. Create interest and variety in fagade design to establish attractive architectural character and... C-2.5.2.2.5. Provide pattern, texture, and detail in the building design and distinguish field materials from... C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance... C-2.5.2.4. Use colors that complement the use of building materials and support innovative and good... C-2.5.2.4.1. The use of subtle, neutral, and ur nes or field materials should complement accent... C-2.5.2.4.2. The use of intensely bright and fluorescent colors, as well as the widespread use of saturated... C-2.5.2.4.3. Materials or colors with high reflectance, c A M u e'fJ^ c 6 A T N tY such as metal or reflective glazing, should be... AN Gr-C:.L-A l lu dT t-0 c_^rivtr 2.6 Signs &; Lighting; 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Objective To encourage the use of signs and architectural lighting as integrated elements of building and site designs that contribute to the atmosphere of quality, aesthetic built environments. C2b3 2' CAMCi'YS HAvv X The use of architectural hg'h g is x C-2.6.3.1. Where appropriate, use lighting on building Akl s., ?: • C-2.6.3.2. Signs should be integrated with architectural exteriors to promote safe pedestrian environments... k ;Q 4 ,L Y elements and complement building designs and... C3� A $ ave MA r► MY C-2.6.3.1.1. Coordinate lighting fixture spacing and1-41 ' Gz't,vv C -^G height along streetscapes and roadways to avoid... Y C2b3 2' CAMCi'YS HAvv X The use of architectural hg'h g is x 6 6 3 2 2' Usecorporate and business logos to SP K i� u t v i ry C. 51 M z r� Y!K r -.t 1deTItlfVf1EVP,1nnmPnte=anal;h77 ciriPcePc alnnrr ,'., �" i t lA1 V % UAL G L�'b/P: 6f17Tj C-2.6.3.1.3. Lighting fixtures used on building exteriors should be integrated with building design...<' Akl s., xW. • C-2.6.3.2. Signs should be integrated with architectural U "t p T l v LY tS a k ;Q 4 elements and complement building designs and... C3� A $ ave MA r► MY < Gz't,vv C -^G C-2.6.3.2.4. Where buildings are brought up close to C-2.6.3.2.1. Provide signs to identify individual 's VT 131 storefronts, buildings, and uses along -S -J` roadways... 6 6 3 2 2' Usecorporate and business logos to SP K i� u t v i ry C. 51 M z r� Y!K r -.t 1deTItlfVf1EVP,1nnmPnte=anal;h77 ciriPcePc alnnrr ,'., �" i t lA1 V % UAL G L�'b/P: 6f17Tj 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.6.3.2.3. Use appropriately scaled signs that xW. • �/�� incorporate logos, minimize or eliminate the use of... C-2.6.3.2.4. Where buildings are brought up close to lv� roadways, pedestrian environments, and public... . 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org To accommodate the adaptive reuse of the existing residence to a commercial use, while maintaining compatibility with the use(s) on adjoining properties. To ensure that such residential to commercial conversions are compatible with the existing character of the original residential use, while recognizing the need to modify the structure to meet commercial building code requirements. C-3.2.3.1. Developments that propose the conversion of residential to commercial within Old Town should... C-3.2.3.2. Residential to commercial conversions should use the guidelines from Section C. Design... C-3.2.3.3. Additions, restorations, and repairs should_ se similar building forms, materials, and details... C-3.2.3.4. Where there are site constraints that prevent a conversion from complying with the site character... 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Page 1 of 1 GAYLE JENSEN From: Bradley E. Miller [bmiller@vanauker.com] Sent: Friday, June 12, 2009 8:50 AM To: Gayle Jensen Subject: FW: Question From: Nathan Draper[mailto:nathan@settlersirrigation.org] Sent: Friday, June 12, 2009 8:28 AM To: 'Bradley E. Miller' Subject: RE: Question Brad: The trees will be ok as long as they are planted no less than 10 feet away from the pipe line. But keep in mind that Settlers Irrigation District is not responsible for damages to any landscaping that is located within the easement that is caused from our operation and maintenance activities. I should have that agreement back to you some time next week. Let me know if you have any other questions. Thanks, Nathan From: Bradley E. Miller [mailto:bmiller@vanauker.com] Sent: Thursday, June 11, 2009 1:46 PM To: 'Nathan Draper' Subject: Question Nathan... The easement for the canal which was granted by Van Auker to the school district and which we are working on assigning to the district, encumbers an area which straddles the common property line between the school and the Van Auker bare ground to the west. The covered canal is located 100% within the school property and access to the canal is from the school property. There is a chain link fence on the property line which was installed by the school. Question—We will be constructing a building on our bare ground to the west and the City of Meridian is requiring that we landscape the east property line which adjoins the school property. Since the irrigation structure is 100% on the school property, can we install some smaller type trees such as flowering plums? We would like to have some trees on the boundary to screen the school and it does not appear that the trees would interfere with the operation and maintenance of the irrigation system at all. Let me know_ Brad Van Auker Properties 3084 E. Lanark Meridian, ID 83642 208-887-7994 !SIG:4a326722193791076916854! 6/12/2009 Planning Department z ADMIlVISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ accessory Use Alternative Compliance RIC-ertificate of Zoning Compliance ❑� �CC44nditional Use Permit Minor Modification C�3'Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other STAFF USE ONLY: File number(s): CZG` O9-' 0 /4 ur— o? -0lo tt Project name: ,014 08w� VGr� 1d i h3 Date filed: ? " 2- g'6 Date complete: Assigned Planner:TJX 61 PesdNS Related files: �r p " D S " DO 1%Ae—o?-w. Applicant Information Applicant name: R o^t a. t_1p W. vgAui -(L It4!C .. Phone: 90!7-7 2�4 Applicant address: -309+ E LAN i4j?J_M r jLM 1ps,N1, 112 zip: 3 fo47� Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned 5rOther r o tu"ra.,& C.-r©R.. Owner name: \/J J n i N e N tGM T U 2t5" Phone: R 917— 791 2 ct Owner address: - 0 $S St Ej , " A pin K Zip: R7_L W2 Agent name (e.g., architect, engineer, developer, representative): G AYL-r- J ImNc t� Firm name: F—Imm L -D k/. N,(Atsl AWK EI- INC -,Phone: Rf '!7-7q `,y Address: "?O 9 �6 C- . I - A 6,1 A p e Zip: E2 3 C4 2. Primary contact is: ❑ Applicant ❑ Owner RljAgent ❑ Other Contact name: J g;, N S Phone: &5'7 - 71'51C! E-mail: QZJ e:I`1,5jEUdR \/,At t / WK- �S-C2 ti't Fax: A 8 r7 -*7- 9 - Subject Property Information Location/street address: 3 G. t tj e A V6 . Assessor's parcel number(s): 2 713 v .5�_DCJ j, M e) Q `l l '� J �n t l U Township, range, section: Se cm o Nv 1,, T`. 3 N 2.1 i Total acreage: Current land use: VA C +4Wr 6 12�QfJN t) /AC�E Current zoning district: (L_ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 I (Rev. 11/4/08) off; Project Description Project/subdivision name: po t2- Y E& IL K S u IS V iy t S (D [V tLi C' Z General description of proposed project/request: M u L_ -rt : -:. til A is - r I N D U S — r1 "H t,.. 13C4tt..'z Proposed zoning district(s): 1 L Ni rg G [-4 Pe N G> r Acres of each zone proposed: -2 14 Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office �dustrial ❑ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development?�1rc� iMta �i�t �ti: Which irrigation district does this property lie within? Primary irrigation source: J?tze.sSLW.,j I RSA Secondary: C I-rY�p�/�Tc'l� Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 11e .42.5. Z 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 (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: - 2 or more Bedrooms: 1 Proposed building height: Average property size (s.£): Net density (Macre-excluding mads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: r - Gross floor area proposed: Z 5, Z ©Q CP Existing (if applicable): �%- Hours of operation (days and hours): t 1 itt ZT I!2T— Building height: 2 S Percentage of site/project devoted to the following: Landscaping: .13. A Building: 2.1 Paving: JJ&tL Total number of employees: uAL(aN Car cy Maximum number of employees at any one time: ULI K &J.0 talo Number and ages of students/children (if applicable): L4 #1A Seating capacity: --N F� Total number of parking spaces provided: 4�7 Number of compact spaces provided: ^Ti�" Authorization Print applicant name: Applicant signature: - Date: fg ^ 5-0 9r ff3 E. roadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 0 RONALD W. VAN AUKER.. INC. PHONE (208) 887-7994 / WATTS 1-800-967-3905 3084 EAST LANARK June 15, 2009 Design Review Staff City of Meridian 33 E. Broadway Meridian, Id. 83642 Re: Flex Industrial Building / 25,500 S. F. / VJ Joint Venture / E. Pine Avenue Dear Staff MERIDIAN, IDAHO 83642 Please find attached a design review Application for the above referenced project. This building is located at the corner of E. Pine Avenue and N. Principle Place, just West of the existing Lewis and Clark Middle School and North of the Storage Condo development in the Porky Park Subdivision No.2. The owner is proposing to construct a multi -tenant Flex Industrial Building in an IL zone. The building will be 28'-4" above finish grade on the North side and 32'-4" on the South side. The project will be painted tilt -up concrete with several reveals. The upper 7'-10" will have a tex-coat finish system around the entire building as will the areas around the corner entry and window areas. We have added 4'-0" tex-coated wing walls and metal canopies on the corners as well to help break up the flat walls. We have added 4'-0" accent reveals above the window areas along the front as well as along the sides for a pattern variation. The body of the building will be a medium brown with the upper 7'-10" being an off white cream color. The three reveals will be painted red to match the metal canopies. The public entrances all face pine avenue. The window areas will be bronze tinted glass with dark bronze aluminum frames. The building has been located on the site as close to E. Pine Avenue as possible with only one row of parking along the street. We have designed the loading docks at the back of the building along with the trash enclosures to hide them from the street. The mechanical equipment will be located inside the building. We have provided public access from the building sidewalk to the sidewalk along E. Pine Avenue using scored concrete. The site will be landscaped and the traffic areas for the project will be paved as shown on the drawings. We have minimized the interaction of the public parking and circulation with the truck parking and circulation. The landscaping selected will provide variety and the plant material will survive well in this climate. The lighting for this project will be furnished with wall mounted down lights on the building. We hope that this project will meet wgh your approval. Please call if you have any questions or concerns. Thank you for your time and consideration. Sincerely -Z�,a iA~A— Gayle Jensen RONALD W. VAN AUKER, INC. PHONE (208) 887-7994 / WATTS 1-800-967-3905 3084 EAST LANARK - MERIDIAN, IDAHO 83642 August 7. 2009 C., of Me aldiat' plann►ng tment ®QP vesign Review Stan` City of Meridian 33 E. Broadway Meridian. Id 83642 Re: Flex Industrial Building / 25,500 S.F. NJ Joint Venture / E. Pine Avenue nenr -,taff As discussed at the pre -application meeting we are locked into the two existing access points one off of East Pine and one off of N. Principle Place just south of E. Pine Avenue. We have minimized the interaction of the public parking and circulation with the truck parking and circulation this leaves only the areas that we have installed the parking as shown. As recommended at the meeting we have added shrubs as a lower sight obscuring screening for the parking area along E. Pine Avenue as an alternative compliance to moving the parking anywhere else on the site. I hope that this meets with your approval. Please call if you have any questions. Sincerely Gayle Jensen PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377-2700 P-105384 JB REVIEWED & APPROVED BY: e�n FOR VALUE RECEIVED and JOHN DOBARAN WARRANTY DEED (INDIVIDUAL) JOE DOBARAN, an unmarried man at all times and ARVELLA DOBARAN, husband and wife, GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto VJ JOINT VENTURE, an Idaho joint venture, GRANTEE(S), whose current address is: 3084 E. Lanark, Meridian, Idaho the following described real property in Ada more particularly described as follows, to wit: See the attached Exhibit "A" for legal description, which is incorporated herein. 9`1(�"61G7 ER I Dl BOISE I,) PIONEER"fITLV-. 015. '94 F18'1` 17 Pig Fair _ RECOEIV�...-, )c57 01 SPACE ABOVE FOR RECORDING DATA r� Y - since April 28, 1967, ti 83642 County, State of Idaho, by this reference TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the 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, restrictions, dedications, easements, rights 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 warrant and defend the same from all lawful claims whatsoever. Dated: May 17, 1994 -- -Jl� Yde Dobar n Dobaran V QQ EXHIBIT "A" P105384 PARCEL "A" THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST OF B.M. IN ADA COUNTY, IDAHO, LYING NORTHERLY AND EASTERLY OF COMMERCE PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 45 OF PLATS AT PAGES 3721 AND 3722. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 8, 9, 16 AND 17, OF TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., THENCE NORTH 1298.53 FEET ALONG THE SECTION LINE COMMON TO SECTIONS 8 AND 9; THENCE SOUTH 89 DEGREES 56'24" EAST 25 FEET TO A 5/8" IRON PIN ON THE NORTH RIGHT OF WAY LINE OF THE UNION PACIFIC RAIL ROAD; THENCE ALONG SAID NORTH RIGHT OF WAY LINE SOUTH 89 DEGREES 56'30" EAST 1710.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 888.84 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SETTLERS CANAL; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 66 DEGREES 38'18"'EAST 511.25 FEET; THENCE NORTH 89 DEGREES 20'47" EAST 458.56 FEET TO A POINT 0'N THE SOUTHERLY RIGHT OF WAY LINE OF SETTLERS CANAL; THENCE SOUTH 0 DEGREE 40'28" EAST, 692.34 FEET ALONG A LINE PARALLEL TO AND 20 FEET WEST OF THE CENTER SECTION LINE OF SECTION 9, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE UNION PACIFIC RAIL ROAD; THENCE NORTH 89 DEGREES 56'30" WEST 936.00 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. AND EXCEPT THAT PORTION CONDEMNED BY THE STATE OF IDAHO BY INSTRUMENT RECORDED UNDER NO. 8920698. PARCEL "B" THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST OF B.M. IN ADA COUNTY, IDAHO, LYING NORTHERLY OF THE NORTHERLY LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY. EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN THE SOUTH ONE-HALF OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON ROD MARKING THE ONE-QUARTER CORNER COMMON TO SECTIONS 9 AND 10, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE SOUTH 89 DEGREES 10'09" WEST 25.00 FEET TO AN IRON ROD ON THE WEST RIGHT-OF-WAY LINE OF A COUNTY ROAD; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 1 DEGREE 03'34" EAST 60.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 10'09" WEST 986.50 FEET TO A POINT; THENCE SOUTH 1 DEGREE 03'34" EAST 130.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 10'09" WEST 408.52 FEET TO A POINT; THENCE SOUTH 1 DEGREE 03'34" EAST 972.93 FEET TO A POINT; THENCE SOUTH 89 DEGREES 56'24" EAST 60.80 FEET TO A POINT; THENCE SOUTH 1 DEGREE 03'34" EAST 200.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 89 DEGREES 56'24" EAST 1,334.48 FEET TO AN IRON ROD ON THE WEST RIGHT-OF-WAY LINE OF A COUNTY ROAD; THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY AND CONTINUING ALONG SAID COUNTY ROAD RIGHT-OF-WAY NORTH 1 DEGREE 03'34" WEST 1,324.62 FEET TO THE TRUE POINT OF BEGINNING. AND EXCEPT THAT PORTION LYING WITHIN THE CLOVERDALE ROAD RIGHT-OF-WAY. END OF LEGAL DESCRIPTION EIDRI ANC-- -- IDAHO / FORM PW100 DATE: June 17, 2009 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba The following property has been researched by The City of Meridian Public Works Department. Project Name: V.J. JOINT VENTURE BUILDING Address: 3983 E. Pine Ave. Suite #: Zip Code: 83642 Lot/ Block Subdivision: 6 & 7/ 2/ Porky Park Sub #2 This building will be divided into 5 TI's to be addressed as suites. 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. X Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Marita Hawker Dept. Specialist Public Works Public Works Department . 33 E Broadway, Suite 200, Meridian, ID 83642 Phone 208-898-5500. Fax 208-898-9551 . www.meridiancity.org i O q � I I 0 a o O In a d0 S Q. I FI B � I S$1 J O " i So -I = I' a m' 1 1 LL �WggN 'mow) W I t ^�r^ • C�,CS �s�� 07.11 V 7d N0 8 n I N3A 1 N 10.^ H 3 x 0 V N H A 3 .99.Km S — 1 I T I I ng q I I ii „ 1 I 0 I 1 z \ V I 0o s121 t9't89 M .59,8400 N iE $C co o C N • I �I'a 1 .a b� G N x M ,w.00m s d 1 ,hare: r .60.00" s � I 1 O �< ala ti i Won if b Ipill ji: ts =pp HIM 11 if f"_0o00 N co , q 1'd� O In a d0 S Q. I FI B � I S$1 J �I Ln 18Y , i � 1 1 o � t AC't6£ 3 .00,00.00 N U '0 ! N N01SIAlaanS - d r d A N b G d om" eo s5ve a 9 4X ,lo" M •w. o t9a avow 37JV3 ; YO Its - e= RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Moffatt, Thomas, Barrett, Rock & Fields, Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 63.00 21 BOISE IDAHO 12105/06 04:26 PM { DEPUTY Patti Thompson 1�I RECORDED -REQUEST OF 1061991306 Moffatt Thomas (Space Above For Recorder's Use) LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) This License Agreement for Porky Park Development (Phase 2) (the "Agreement") is entered into and made effective this ,�— day of Ipuyzu bet_ , 2006, by and between SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and Vi JOINT VENTURE, an Idaho joint venture, whose address is 3084 E. Lanark, Meridian, Idaho 83642. DEFINITIONS: In addition to the other capitalized terms defined herein, this Agreement contains certain words which shall have the following meanings: (a) "Developer" refers to VJ JOINT VENTURE, and any other person or entity with any legal interest in the Porky Park Development (Phase 2). (b) "Settlers" refers to SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho. (c) "Porky Park Development (Phase 2)" and "Property" refers to the real property described in Exhibit A -Vicinity Map, attached hereto and made a part hereof. (d) "Specifications" means Settlers' standard engineering drawings on file with Settlers, and the statements describing the materials, dimensions, and LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) -1 BOI MT2:631427.1 workmanship for the construction to which reference is made in the plans, maps, drawings, and notes listed in Exhibit B, attached hereto and made a part hereof (e) "Utility" or "Utilities" means those services provided to the development by private or public entities, including, but not limited to, telephone, cable, electric, water, sewer, and gas, etc. WITNESSETH: WHEREAS, Settlers owns and maintains a system of canals, laterals and drains, including the Settlers Southside Canal, for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals, laterals, drains; easements for ingress and egress; and for the operation, inspection, maintenance, and repair of the canals, laterals, and drains; WHEREAS, Developer owns that certain real property, situated in the situated in a portion of the North Half of the South Half of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, commonly known as the Porky Park Development (Phase 2), which property is depicted on Exhibit A; WHEREAS, the Developer has subdivided the Property as Porky Park Development (Phase 2); District; WHEREAS, the Property is located within the boundaries of Settlers Irrigation WHEREAS, Developer desires to obtain a license from Settlers for the purposes of relocating and tiling a portion of the existing Settlers Southside Canal in a pipeline located within a portion of the North Half of the South Half of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as shown in Exhibit A. The LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 2 eoI_MT2:631427 11 relocating and tiling of the Settlers Southside Canal will be completed as specified in the plans, maps, drawings and notes listed on Exhibit B; WHEREAS, Settlers desires to grant the license to Developer for purposes of relocating and tiling said Settlers Southside Canal; WHEREAS, Settlers desires to obtain an irrigation easement and right-of-way across the property of Developer as described in the legal description set forth in Exhibit C, attached hereto and made a part hereof, for the purposes of conveying water in the Settlers Southside Canal, and for ingress and egress in order to operate, maintain, and repair the Settlers Southside Canal; WHEREAS, Developer desires to grant said irrigation easements and rights-of- way as set forth in Exhibit C for the purposes of conveying water in the Settlers Southside Canal, and for ingress and egress in order to operate, maintain, and repair the Settlers Southside Canal; NOW, THEREFORE, in consideration of the mutual benefits to be received by Settlers and Developer, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: AGREEMENTS: Grant of License. Settlers hereby grants a license ("License") to Developer for the purpose of relocating and tiling a portion of the Settlers Southside Canal at the location described in Exhibit A, provided that the Settlers Southside Canal is relocated and tiled in accordance with the terms and conditions hereof and as depicted in the plans, maps, drawings and notes listed on Exhibit B. LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 3 BOI MT2:631427.1 2. Restrictions on License. The License is subject to the restriction that no construction may begin on the Settlers Southside Canal until November 1, 2006, and must be completed prior to March 15, 2007. Developer expressly acknowledges and agrees that this Agreement does not grant Developer the right to install any property, utilities, equipment, or other facilities, except as may be described in this Agreement, or the right to impair any rights of Settlers or others in the use of the Settlers Southside Canal. This grant of License is expressly conditioned upon the prior receipt by Developer of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon Settlers' prior written approval of all drawings and plans concerning the activities to be conducted by Developer under this Agreement. 3. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as Developer is in compliance with the terms of this Agreement. Settlers may revoke the Licenses granted hereunder should Developer at any time fail to comply with the terms and conditions of this Agreement; provided, however, that Settlers delivers to Developer written notice of such failure and Developer fails to cure the lack of compliance within fifteen (15) days of delivery of such written notice. 4. Installation and Inspection. Developer, following execution of this Agreement by the parties and subject to the time limitations set forth herein, may commence construction as described in the plans, maps, drawings, and notes listed in Exhibit B. Developer, or its agents or contractors, shall perform all work contemplated by the terms of this Agreement in a workmanlike manner. Developer agrees to assume all responsibility, including general liability and costs for the construction. LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 4 BOI_MT2:631427.1 Any construction or other activities by Developer which may impede or impair the flow of water through the Settlers Southside Canal may only be performed during the non -irrigation season, which is usually between November 1 and March 15. Developer expressly acknowledges that, notwithstanding Developer's assumption of certain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of the Settlers Southside Canal. Warranties. The plans, maps, drawings, and notes listed in Exhibit B must be approved in writing by Settlers prior to commencement of any construction which will impact Settlers' facilities, including the Settlers Southside Canal. Developer hereby represents and warrants that the construction contemplated hereunder will be free of defects in material and workmanship. Developer agrees to replace any portions of the Settlers Southside Canal pipeline which fail due to defects in material, workmanship, or improper installation for a period of two (2) years from the date of final inspection of the construction by Settlers. 6. Grant of Easements. Developer hereby grants to Settlers a permanent easement for the Settlers Southside Canal, as identified in the legal description set forth in Exhibit C. The easement conveys and grants to Settlers all rights to the described real property for access, operation, maintenance, repair, and replacement of its facilities, which includes the relocated and tiled Settlers Southside Canal. The easement shall not be used, unless otherwise herein provided, by any services provided to Porky Park Development (Phase 2) by private or public entities, including, but not limited to, the Utilities. Developer shall prevent such adverse use unless Settlers grants express written consent pursuant to Section 9 of this Agreement. Unless otherwise stated, the width of the easement shall be a total of thirty feet (30'). It is acknowledged and agreed by the parties that the easement granted hereunder shall supersede and LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 5 BoI_MT2:631427.1 replace in its entirety the prior easement for the Settlers Southside Canal granted by Developer in the Plat of Porky Park Subdivision No. 2, recorded with the Ada County Recorder on September 6, 2006, as Instrument No. 106143862. 7. , Landscaping and Improvements. Developer may plant low shrubs and/or grass within the area of the easement granted hereunder, which do not exceed, two (2) feet in height at maturity and which in no way restrict Settlers' access to and use of its easements, service roads, and paths. In addition, Developer may construct or install parking lots, driveways, curb and gutter, and other non -permanent improvements, such as picnic benches, within the area of the easement granted hereunder, which in no way restrict Settlers' access to and use of its easements, service roads, and paths. Furthermore, Settlers permits Developer to install a locking gate (to be controlled exclusively by Settlers) within the boundaries of the Property and which will lie within Settlers' easement and right-of-way for the Settlers Southside Canal, as depicted in the plans, maps, drawings, and notes listed in Exhibit B. Other than the landscaping and improvements described in this Section, Developer shall not construct or install, or authorize others to construct or install, any other improvements or landscaping, such as trees or shrubs, within the area of the easement granted hereunder. It is expressly agreed that Settlers shall not be responsible for any damages to or replacement of any landscaping or other improvements so installed or constructed by Developer or its agents and resulting from Settlers' operation, maintenance, replacement, or repair of the Settlers Southside Canal. 8. Gravel Access Road. Settlers requires, and Developer agrees, to construct a twelve foot (12D wide gravel access road ("Gravel Access Road") for purposes of ingress and egress to the Settlers Southside Canal, as depicted in the plans, maps, drawings, and notes listed in Exhibit B. The Gravel Access Road shall consist of a top dressing of 3/4" road mix, four LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 6 BOI MT2:63142T.1 inches (4") deep, unless otherwise authorized by Settlers. It is acknowledged and agreed by the parties hereto that Developer may pave portions of the Gravel Access Road, subject to the prior written approval of Settlers before paving any portions of the Gravel Access Road. It is acknowledged and agreed by the parties hereto that the Gravel Access Road will be owned, operated, and maintained by Settlers. 9. Utility Crossings. Unless Developer has previously disclosed utility locations by providing plans fully depicting utility locations through a utility plan or a joint trench utility plan, Developer shall not allow any Utilities or any private party to cross any portion of Settlers facilities and/or systems, or otherwise use or encroach upon Settlers' irrigation easement, without the express written consent of Settlers. Said written consent may take the form of an addendum to this existing Agreement or, Settlers, in its discretion, may require that separate license agreements be executed between Settlers and the Utility or private party seeking to cross its facilities and/or systems. Where other Utilities or private parties will be crossing Settlers facilities and/or systems, those Utilities or private parties are required signatories of this Agreement, in addition to Developer, unless this requirement is waived in writing by Settlers. In the event that Developer has not provided utility plans and asserts that no Utility or private party will be crossing a Settlers facility and/or system, Developer shall present to Settlers proof of this fact in one of the following forms: (a) title report confirming that no other easements have been granted and recorded as of the date of recording of this Agreement, or (b) signed writings from the individual Utilities serving the development stating that they will not be crossing a Settlers facility and/or system. Absolutely no construction may proceed until said Developer or Utilities have met these siting/crossing requirements to the satisfaction of Settlers. LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 7 BOI MT2:631427.1 10. Operation Maintenance and Repair of Crossing Improvements of the Settlers Southside Canal It is recognized by the District that maintenance, repair and/or replacement of the crossing improvements constructed by Developer or Utilities and which cross a District facility, under the terms and conditions of this agreement and as identified in the plans, maps, drawings, or notes listed in Exhibit B, may be necessary subsequent to the execution and recording of this Agreement. In the event that Developer or Utilities desire to perform any maintenance, repair and/or replacement of such crossing improvements, they acknowledge and agree that the prior written consent of the District is required prior to commencement of any such maintenance, repair and/or replacement of the crossing improvements within the area of the easement granted hereunder. 11. Express Waiver. In the event that any Utilities or private parties do cross Settlers facilities and/or systems, or share in the use of Settlers' facility/system perpetual easements, said Utilities or private parties waive any and all claims against Settlers, now and in the future, concerning or arising from Settlers' water distribution, operation, and maintenance activities involving Settlers' facilities and/or systems. 12. Indemnity. Developer, and any Utility or private party that crosses a Settlers facility and/or system or uses Settlers' easements, agrees to protect, defend, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Developer, Utility, or private party, their agents, or contractors related to or in connection with (a) their crossing of Settlers' facilities and/or systems; (b) use of the easements of Settlers; LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 8 1 BOI_MT2:631427.1 (c) any activity under this Agreement; and (d) the exercise of any privileges or performance of any obligations by Developer, Utility, or private party hereunder. Furthermore, Developer, and any Utility or private party, agrees to protect, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the. Settlers Southside Canal caused by any act or omission of Developer, and any Utility, private party, or their agents. 13. No Liens. Developer shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Developer, its agents, or contractors, to attach to the Settlers Southside Canal or to any adjacent lands held by Settlers. 14. Permits. Developer represents that it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. Additionally, Developer shall deliver to counsel for Settlers a copy of a Clean Water Act Section 404 Permit or non jurisdictional determination (waiver) from the United States Army Corps of Engineers prior to commencement of construction impacting Settlers' facilities, including the Settlers Southside Canal. The parties hereby recognize and agree that this Agreement will not be executed by Settlers and recorded until counsel for Settlers is in receipt of the appropriate Section 404 Permit or non jurisdictional determination. 15. Limitations on Liability/Attorney Fees. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) - 9 BOI_MT2:631427.1 others, except as otherwise expressly agreed in this Agreement. In the event of any suit or proceeding by either parry herein against the other parry arising out of this Agreement or in connection with the activities of Developer, or its agents or contractors, under this Agreement, the nonprevailing parry in such suit or proceeding shall pay to the prevailing parry such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. 16. Further Consideration. In further consideration for inducing Settlers to grant this License, Developer agrees to promptly pay all legal expenses incurred for the benefit of Settlers relating to the negotiation, preparation, and execution of this Agreement. 17. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 18. BindingEffect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 19. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 20. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) -10 I BOI_MT2.631427.1 21. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 22. Representations and Warranties. (a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all organizational and other actions required to authorize Settlers to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. (b) Developer. Developer represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Developer to enter into and perform this Agreement have been properly taken; (iii) this Agreement has been properly executed and delivered by Developer and is valid and binding upon Developer in accordance with its terms; (iv) it has obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; and (v) Developer is record owner of fee simple title to the Property. 23. Developer's Authorization of Signature. Developer hereby warrants that the person signing this Agreement has been authorized to do so by Developer. 24. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) -11 I BOI_MT2:631427.1 SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 VJ JOINT VENTURE 3084 E. Lanark Meridian, Idaho 83642 Each party may change its address for delivery by written notice in the manner provided herein. 25. Recording. This Agreement shall be recorded upon execution in the office of the county recorder for each county in which any portion of the land covered by the Agreement is located. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. Vam Qu �e LS IRRIGATION DISTRICT BO—UC Tom Davis, President of its Board of Directors Attest: Vicki Keen, Secretary LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) -12 BOI_MT2:631427.1 STATE OF IDAHO ) ss. County of ) On this'W- day of %I "Al4-e%y , 2006, before me, the undersigned Notary Public in and for said state, personally appeared P-17►'Id,(d W. Vahmer , known or identified to me to be the A E (/�-f -�/of VJ JOINT VENTURE, an Idaho joint venture, the person who executed the instrument on behalf of vi JOINT VENTURE, and acknowledged to me that VJ JOINT VENTURE, 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. _ tzOTAk�„ NOTY PUBLIC FOR O R&sding at A/ka�� pU g Lt6 My Commission Ex ires '7 —,7 / aa1 D OF VD -2 STATE OF IDAHO ) ss. County of Ada ) On this5"' day of �2C2�nlzt' , 2006, before me, the undersigned Notary Public in and for said state, personally appeared TOM DAVIS known or identified to me to be the President of the Board of Directors of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of the SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT 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. 10 ossr'PRE, Y 1i m w an 'Lon f !�"e6DDtld6®S^�� NOTARY PU13t,OR IDAHO Residing at My Commission Expires LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) -13 BOI_MT2:631427.1 STATE OF IDAHO ) ss. County of Ada ) On this 5t day of). Cemb&t- , 2006, before me, the undersigned Notary Public in and for said state, personally appeared VICKI KEEN known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the instrument on behalf of the SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT 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. . 0990 w ffi - l Y NUd * *OTA.k . AvBvto `'••q?8 OF IDP,' NC Re, M} LICENSE AGREEMENT FOR PORKY PARK DEVELOPMENT (PHASE 2) -14 4 BOI_MT2:63142T.1 EXHIBIT A Vicinity Map Porky Park Development (Phase 2) EXHIBIT A BOI MT2:631427.1 Porky Park #2 w U PINE PINE PACIFIC UNION PACIFIC DA SCALE 1 :4,839 200 0 200 400 600 FEET 9 0 A EXHIBIT B Engineering Plans and Specifications Please refer to the following plans prepared by Munger Engineering, Inc., for Porky Park Development (Phase 2), Job No. 06-019-00: Cover Sheet, Notes & Plan Index, Sheet 1, dated 8/10/06 Irrigation Piping Plan, Sheet 2, dated 8/31/06 Detail Sheet, Sheet 3, dated 9/14/06 Pressure Irrigation Piping Plan, Sheet 4, dated 8-31/06 Schumacher Granite & Tile Landscape Plan, Sheet L-1, dated 9/29/06 EXHIBIT B BOI MT2:631427.1 I Easement for Settlers Southside Canal E,IIIIBIT C BOI MT2:631427.1 c.Mov 16 06 01:49p Claiborn-Waite Consulting 208 429 9062 p.2 claborn wtaite consultfn 11c engineers & surveyors 120 N. Curtis Rif. Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 F.N. 2242 October 5, 2006 PORKY PARK SUBDIVISION NO.2 SETTLERS CANAL PIPING EASEMENT A strip of land being a portion of Lots 1, 4 and 5, Block 2, of Porky Park Subdivision No. 2 filed in Book 96 of Plats at Page 11881, Ada County Records, and located in the North 1/2 of the South 1/2 of Section 9, T.3N., R. 1E., 13.K,Meridian, Ada County, Idaho, and being more particularly described as follows. Commencing at the Northwest korner of said Lot 13, Block 2 of Porky Park Subdivision No. 21> thence S 00°00'00" W along the West boundary of said Lot 1, also being the East Right -of -Way line of N. Touchn=k Ave., for a distance of 430.38 feet to the REAL POINT OF BEGINNING; thence leaving said "West boundary and Right -of -Way line S 66°42'44" E for a distance of 450.63 feet; thence S 89°23'52" E for a distance of 288.11 feet; thence N 89°02'09" E .fox a distance of 386.89 feet to a point on the East boundary of said Porky Parr Subdivision No. 2; thence S 00°39'55" E along said East boundary for a distance of 34.64 feet;, thence leaving said East boundary S 89°02' 08" W for a distance of 225.15 feet to a point on the South boundary of said Porky Park Subdivision No. 2; thence S 89°20'51" W along said South boundary for a distance of458.83 feet; C-RmjeMt EAGLE & ]?H WCZ2.42)Tocume \PIPF,-EASE.doe-1 Nov -16 06 01:43p Claiborn-Waite Consulting 208 429 9862 p.3 thence N 66038114" W continuing along said South boundary for a distance of 441.54 feet to the Southwest corner of said Lot 1, also being the East Might -of -Way line of N. Touchmark Ave.; thence leaving said South boundary N 00000'00" E along the West boundary of said Lot I and Fast Right -of -Way line of N. Toucbtmark Ave. for a distance of 43.23 feet to the POINT OF .EECxMNING; containing 0.96 acres of land, more or less. Prepared by: Todd R- Waite P.L.S. CAPxoje ds\EAG -E & PM(2242)\r)ocumcnts\PIPE-EAM doc-2 N 00woor E 473.61, { : rq ti CC / �C4 +A� /. Iti p � c ! a -ib r A r I `t � I to to Q I �tN W I t o' I FO I N 00woor E 473.61, { : rq ti �Ry s o-eoo-vs�-asn 3 sc (O RISCrt3 b' a €g m r >co �" , -i �n§g>g v D a -mj y 6 D £ uu]) :u v I �p] w'-4• �a•-r j QE ARR , —4j d�>a$ ` Wn I / ' CA Z m �yFF D I j I z F d P m sco i: y§ �, 3 Z F 8a mY Ir, m m n Dfill / p b 0 .°A b i" dpp i � n n u 7 t kid �q>o" M. �* iP�F �U, pp 2 �i'Zi R of hu S A NEW BUILDING FOR cream er: c_.ccsa cram ec rF Ruu �� V J JOINT VENTURE RONALD W. VAN AUKER, INC. °AMe.�u� a 3983 E. PINE AVENUE ELEVATIONS 3084 EAST LANARK MERIDIAN, IDAH❑ Imwseoroeon�+"evla+ PROJEC/ SCALE: ORAINNG FILE NAME: 83642 PRDJJ-0' DWG awxc a Iwo-ss. 1 — s o-eoo-vs�-asn m D D A NEW BUILDING FOR V J JOINT VENTURE 3983 E. PINEAVENUE SITE PLAN I p'" RONALD W. VAN AUKER, INC. 3084 EAST LANARK MERIDIAN, IDAHO 83642 PH= ammomr-rw If wm mm 11 111 W. I I I I d 1111 ill I I I fill 0 F A P A P P 0, P P P P. P P f fill, P P P r > � o 91 r ist A NEW BUILDING FOR V J JOINT VENTURE ' 3983 E. PINE AVENUE LANDSCAPE PLAN RONALD W. VAN ALIKER, INC. 3084 EAST LANARK MERIDIAN, IDAHO 83642 PH= ®o-79" i vAm s--467-ae PRO PR" I fA8-1'-0'- DRAI�o p*G m F nb 9 3' st c 3" J w r � 5 9 Y.f+P r=4i wN. , C Pi »� F� t �.0 ygvc•P� �.v - *¢ I