Talyor Commerce Park CZCCERTIFICATE OF ZONING COMPLIANCE REPORT
DATE:
TO:
FROM:
SUBJECT:
OWNER:
April 8, 2010
Will Anderson
Sonya Watters, Associate City Planner
Taylor Commerce Park — CZC-10-024; DES -10-017
Bayside Capital Company
DESCRIPTION OF APPLICANT'S REQUEST
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The applicant, Will Anderson, requests Certificate of Zoning Compliance (CZC) and Design Review
(DES) approval for exterior modifications to the existing building on this site. The site is located at 1148
W. Taylor Avenue.
The applicant proposes to add four storefront entries on the west side of the building to accommodate up
to four future tenants. These storefronts will have canvas awnings for weather protection over then
entries. A new sidewalk and parking area is also proposed on the west side of the building. Overhead
doors are proposed to be added on the east side of the building for access into the warehouse portion of
the building. One of the existing sliding doors on the north and south sides of the building are proposed to
be removed and the openings filled with matching siding. The existing man doors on the north and south
sides of the building are proposed to remain and two 4' x 4' windows are proposed to be added for the
proposed offices.
DECISION
The applicant's request for CZC and DES is approved with the conditions listed in this report.
Note: This is not a building permit Prior to any construction, you should contact Building Services at
(208)887-2211 to verify if any additional permits and/or inspections will be required
Site Specific Conditions of Approval
1. The site plan prepared by Larson Architects on 3/23/10, labeled Sheet SP -1, is approved (stamped
"approved" on 4/8/10 by the City of Meridian Planning Department) with the following changes:
a. All outdoor ground level mechanical equipment shall be screened to the height of the unit
as viewed from the property line, in accord with UDC 11-3A-19A1e and 11-3A-12.
2. The landscape plan prepared by Larson Architects on 3/23/10, labeled Sheet SP -3, is approved
(stamped "approved" on 4/8/10 by the City of Meridian Planning Department) with the following
changes:
a. One deciduous tree is required to be planted in the planter island at the south end of the
row of parking on the west side of the building, in accord with UDC 11-3B-8C2d.
b. All outdoor ground level mechanical equipment shall be screened to the height of the unit
as viewed from the property line, in accord with UDC 11-3A-19A1e and 11-3A-12.
3. The elevations prepared by Larson Architects on 3/23/10, labeled Sheet A-4, are approved
(stamped "approved" on 4/8/10 by the City of Meridian Planning Department) with (no
change)(the following changes: [add]).
Conditions Document 1 Taylor Commerce Park CZC DES
4. The site plan, landscape plan, and/or building elevations shall not be altered without prior written
approval of the City of Meridian Planning Department.
Process Conditions of Approval
1. No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A.
4. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
5. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant
shall submit a new site plan to the City of Meridian Planning Department for approval prior to
issuance of the building permit.
6. The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
7. Because the site lies within the boundaries of a final plat that has not yet recorded, the
applicant shall be responsible for all plat improvements prior to release of Certificate of
Occupancy.
Ongoing Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (CZC-05-044; PP -09-001; FP -09-007).
3. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
Conditions Document 2 Taylor Commerce Park CZC DES
ANALYSIS OF UDC REQUHtEMENTS RELATED TO SITE SPECIFIC CONDITIONS:
The applicant's narrative states that mechanical equipment (condenser units) will be located on the east
side of the building. The UDC (11-3A-12) requires all ground level mechanical equipment to be enclosed
to the maximum extent possible to reduce noise. Further, the equipment shall be incorporated into the
overall design of the building and landscaping so that the visual and acoustic impacts of these functions
are fully contained and out of view from adjacent properties. UDC 11-3A-19A1.e requires all outdoor
ground level mechanical equipment to be screened to the height of the unit as viewed from the property
line.
In parking areas, the UDC (11-3B-8C2d) requires interior planter islands that serves a single row of
parking spaces to be landscaped with one deciduous tree (Class I or II, minimum 2" caliper) and low
shrubs, lawn, or other vegetative ground cover. Per this requirement, one tree needs to be planted in the
planter island at the south end of the row of parking on the west side of the building.
Conditions Document 3 Taylor Commerce Park CZC DES
I .4:111 Y
A. Vicinity Map
B. Site Plan (dated: 3/23/10)
C. Landscape Plan (dated: 3/23/10)
D. Building Elevations (dated: 3/23/10)
Conditions Document 4 Taylor Commerce Park CZC DES
Exhibit A: Vicinity Map
Conditions Document 2 Taylor Commerce Park CZC DES
Exhibit B: Site Plan (dated: 3/23/10)
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Conditions Document 3 Taylor Commerce Park CZC DES
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Exhibit C: Landscape Plan (dated: 3/23/10)
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Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Alternative Compliance
Certificate of Zoning Compliance
❑ Certificate of Zoning Compliance Verification
❑ Conditional Use Permit Minor Modification
,Design Review
❑ Private Street
❑ Property Boundary Adjustment
❑ Time Extension (Director)
❑ Vacation
❑ Other
Applicant Information
Planning Department
le-,AREVIEW APPLICATION
Applicant name: w [L. hkS61q Phone: nns . 2°a
Applicant address: "f-0- ?:A* 1(.W 1941(`JcE Zip: gMCA
Applicant's interest in property: Own ❑ Rent ❑ Optioned ❑ Other
Owner name: T1Y'�=ilie\z 1wnp t, c�Phone: (0-50 • 1�2 72za
Owner address:�� l�p��a'�Izll�L f�17 57t✓ . TTS Zip: 16
'�►J 6A2L.P_� GA
Agent name (e.g., architect, engineer, developer, representative): 6
Finn name:
Phone: S76
Address: ?4t> EJLM00% r Zip: g -S-71'4"
Primary contact is: ❑ Applicant ❑ Owner 00 Agent ❑ Other
Contact name: Cfw4cL
E-mail: C(r'�_A— 14rs�,-C_eca le -
Subject Property Information
Phone: :1 gs6Z
Fax: • azz+
Location/street address: 1(42 W - TAtu:L ,AUE•
Assessor's parcel number(s):
Township, range, section: W �� Total acreage: R> •moo
Current land use: Current zoning district: 1' L
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
I (Rev. 11/4/08)
alp
Project Description
Project/subdivision name:i YLl> C6Wll��i�i.�
General description of proposed project/request:
W
Proposed zoning district(s):
Acres of each zone proposed: �y
Type of use proposed (check all that apply):
❑ Residential Commercial ❑ Office ❑ Industrial •4 Other
Amenities provided with this development (if applicable): Wks
Who will own & maintain the pressurized irrigation syste in this developmentt?, , I
Which irrigation district does this property lie within? /�2t�-�
Primary irrigation source: _� Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): % '
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:
Proposed building height:
Average property size (s.f.):
Net density (Macre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: I Other lots: i3
Gross floor area proposed: 0-1 Existing (if applicable): I51tiff:e> �
Hours of operation (days and hours): Building height: o -4v
Percentage of site/project devoted to the following:
Landscaping: I •S' . Building: • Paving: (01-4111,
Total number of employees:—rr--A7 Maximum number of employees at any one time:
Number and ages of students/children (if applicable): N !A Seating capacity:
Total number of parking spaces provided:_ Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature:
Date: Z 3 It a
33 E.,Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Larson Architects, P.A.
Architecture and Real Estate Planning
210 Murray Street Boise, Idaho 83714
Phone: 208.376.7502 Fax: 208.658.0224
March 23, 2010
City of Meridian
Planning Department
33 E Broadway Avenue
Suite 210
Meridian, Idaho 83642
RE: 1148 W. Taylor Avenue
Dear Planner,
Please find following a proposal for exterior changes to an existing building located at 1148 W. Taylor
Avenue. The reason for this request is to allow for tenant improvements to the existing space.
The existing building is a pre -fabricated metal building, approximately 150'x 100' for 15,000 square feet.
The space currently has a demising wall intact, breaking the space into two 7,500 square foot units. The
current use of the building is warehouse. Existing exterior materials consist of metal siding at all exterior
walls and the roof. There are currently four large sliding doors; two at the North, and two at the South with
one man door adjacent to each pair of sliding doors. The metal siding, roofing, and sliding doors are
painted a light blue color.
Through this proposal, we would like to add four storefront entries at the West side of the building, which
would allow us to accommodate up to 4 tenants in the future. These storefronts would have canvas awnings
above to protect the entries from the weather. They would open to a new sidewalk to be placed at this side
of the building that fronts proposed parking accessible from a new drive to be placed. We also propose to
add overhead doors at the East side of the building, as required by tenant layout. These new doors allow for
access into the warehouse portion of the building. At the North and South of the building we would like to
remove one of the existing sliding doors and infill the opening and match the existing adjacent siding. The
existing man doors at the North and South would remain, and we would like to add two 4'-0" x 4'-0"
windows into newly constructed offices at the interior.
The existing building color will remain. New storefront systems and windows will be a dark medium
bronze. New overhead doors will be painted white to contrast from the existing blue metal siding and
match the conditions at Building 1. New awnings will be constructed of a metal frame with canvas
covering, color to be tan / beige.
Mechanical equipment will consist of unit heaters located in each warehouse space. Condenser units will be
located at the East side of the building to be obscured from the front of the building. These units will be
small in size due to the limited need for a/c, which will be in the office areas only.
Sincerely
R. Damon Beard
Larson Architects, P.A.
210 Murray Street
Boise, Idaho 83714
Tel. 208.376.7502
Fax 208.658.0224
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-- IDAHO /
FORM PW 100
DATE: 8/21/09
MayorTammy 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: Vanilla TI
Address: 1148 W. Taylor Ave.
Suite #: 130
Zip Code: 83642
Lot/ Block Subdivision:
Located in Bayside Taylor Commerce Park
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).
Terri Ricks
Development Services
tricks@merldiancity.org
Development Services . 33 E Broadway, Suite 102, Meridian, ID 83642
Phone 208-887-2211. Fax 208-887-1297 . www.meddiancity.org
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Drawn By; Cheri B. Bmnar
Pierce Elardy hirafted Partnership
1019 Route 519
Eighty flour, PA 15330
Mail To: Laura Page
LandAmerica Commercial Services
950 W Bannock, Suite 250
Boise,11) 83702
SPECIAL WARRANTY DEED
!/35'.3/x5 144
ADDRESS OF NEW OWNER SEND TAX BILLS TO MAP/PARCEL NO.
Bayside Capital Company Bayside Capital Company S1212346667
1091 Industrial Road, Suite 215 1091 Indushial Road, Suite 215
San Cai9os, CA 94070 San Carlos, CA 94070
FOR AND IN CONSIDERATION of the sum of Three Million Dollars ($3,000,000.00) cash in
hand paid by the hereinafter named Grantee, and other good and valuable consideration, the
receipt and sufficiency of which aro hereby acknowledged by Pierce Hardy Limited
Partnership, a Pennsylvania limited partnership, (the ,Grantor"), has bargained and sold, and by
these presents does transfer and convey unto Bayside Capital Co, Iuc., a Nevada corporation as
to an undivided 27.0389 percent interest, Bayside Idaho LLC, a Nevada limited liability
company as to an undivided 12.6869 percent interest, Robert & Carolyn Wilbur, Trustees of
the Wilbur Family Living Trust dated September 27, 1994, as to an undivided 33.3333 percent
interest, Richard Izmirfan, an unmarried pelson, as to ail undivided 8.9803 percent interest,
Luther C. Izmirian, a married man as his sole and separate property, as to an undivided 8.9803
Percent interest and The Putnam Family Limited Partnership, as to an undivided 8.9803
percent interest (the "Grantee"), Grantee's successors, heirs and assigns, a certain tract or parcel
of land in the City of Meridian, County of Ada, State of Idaho, being more particularly described
as follows, to wit.
Being the same tract of land described in "Exhibit A" attached.
1
Under and Subject to all easements, restrictions, and reservations of record or
apparent on the ground.
This conveyance is subject to taxes for the year Zoos and subsequent years and all matters shorn.
on documents of record.
TO HAVE AND TO HOLD the, said tract or parcel of land with the appurtenances, estate,
title, and interest thereto belonging to the said Grantee, Grantee's successors, heirs and assigns,
forever.
And Grantor does covenant with the said Grantee that Grantor is lawfully seized and
possessed of said land in fee simple; has a good right to convey it, and the same is free from all
encumbrances made or suffered by Grantor.
And Grantor does further covenant and.bind itself, its. successors and assigns, to specially
warrant and forever defend the title to the Property to the said Grantee, its successors, heirs and
assigns against the lawful claims of all persons olaivting. by, through or under the Grantor, but not
further or otherwise. Wherever used, the singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHIMOF, the Grantor has caused this Deed to be executed this 2 lct
day of September, 2008.
PIERCE HARDY LimiTED PARTNERSHIP
By: Peter Jon Co., General Partner
Cheri B. Bomar, Assistant Vice President/Secretary
EXHIBIT "A"
A portion of the South half of the Southwest quarter of Section 12, Township 3 North,
flange'1 West, Boise Meridian, Ada County, Idaho, mor, particularly described as follows:
Commencing at the South quarter comer of Section 12, 7ownshlp 3 North, Range I West,
Boise Meridian; thence
along the South section fine of said Sectlon,121
North 89049'000 West, 1;325.61 feet; thence
North 0000125" West, 865.00 feet to the REAL POINT OF BEGINNING; thence continuing
North 00001'25" West, 598,89 feet to a point on the South right-of-way of the Union
Pacific Railroad; thence
along said right of -way
South B9006'32" East, 733,31 feet to a point; thence
South 00001'00" East, 590.30 feetto the North right-of-way of West7aylor Avenue being a
curve to the left; thence
along Bald curve to the left and North right-of-way a distance of.163,02 feet, said curve
having a radius of:110.00 feet, a delta of 8405438", and a long chord of 148,51 feet .
,bearing South 42"26'15" West; thence .
leaving said North light -of -way
North 00001'00" West, 110.38 feet; thence
North 89049'00- West, 632.91 feet to the POINT OF BEGINNING.
C ORIGINAL
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
I, Bayside Idaho, LLC, 1091 Industrial Rd., Suite 215, San Carlos, CA 94070,
being first duly sworn upon, depose and say:
1. That Bayside Idaho, LLC is a part owner as a result of being a member of
the
Tenancy -in -Common, Taylor Commerce Park, TIC
1091 Industrial Rd., #215
San Carlos, CA 94070
2. A copy of the Tenancy -in -Common Agreement is presented.
3. We hereby appoint Bayside Capital Co., its Managing Member, to act on
our behalf as to this property, including any submittals to the City of
Meridian as to the subdivision or any act related to the subdivision or
development of said parcel.
4. Acts by Bayside Capital Co. may be carried out by its officers acting
together or individually by signing on our behalf to accomplish the above
acts.
5. I agree to indemnify, defend and hold the city of Meridian and its employees
harmless from any claim or liability resulting from any dispute as to the
statements contained herein or as to the ownership of the property which is
the subject of the application.
6. 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).
rim
Dated this 20 ` day of , 20kL—
L
Bayside apital o., nc.
By Nick J. Schubin, Chairman of the Board
SUBSCRIBED AND SWORN to before me4edayand year first above written. .'SPSTRgCOTAkp
tary(�P`ublic for Gallifw7da) 4000
Residing at:G-'[l�ll, c 1j4� • s PUB41
My Commission Expires:
TENANCY -IN -COMMON AGREEMENT
This Tenancy -In -Common Agreement (hereinafter "Agreement") is entered into effective
September , 2008, by and among the parties signing the signature page of this Agreement
(hereinafter referred to individually as "Owner" and collectively as "Owners").
RECITALS
A. The Owners are acquiring and intend to hold title to that certain real property
generally described as 1100 West Taylor Avenue, Meridian, Idaho 83642, and more particularly
described on the attached Exhibit "A" (the "Property") in the manner set forth in this Agreement.
B. Each Owner intends to hold an undivided interest in the Property (hereinafter
referred to as an "Interest") in the percentage shown on the attached Exhibit `B", and shall own
such Interest as a tenant-in-common with each other Owner.
C. Each Owner desires to enter into this Agreement to provide for the proper and
orderly ownership, management, and operation of the Property and of such Owner's Interest
therein.
NOW, THEREFORE, the Owners, and each of them,, agree as follows:
1. Interests. Each Owner has acquired an undivided interest ("Interest") in the Property
as a tenant-in-common as set forth on the attached Exhibit `B".
2. Fictitious Name. Solely for the convenience of holding the Property as tenants-in-
common, the Owners hereby adopt the fictitious name of "Taylor Commerce Park" and shall
properly file said name with the State of Idaho.
3. Objective. In order to obtain the greatest possible growth of their capital investments
and to maximize the return on such investments through efficient and prudent management of the
Property, the Owners agree to hold their Interests subject to the terms and conditions of this
Agreement.
4. Term. This Agreement will commence on the date of execution hereof and shall
continue for a term of thirty (30) years from that date, unless sooner terminated as provided
herein or extended by mutual written agreement of the Owners.
5. Status of Relationship. The Owners hereby declare that their relationship in and to the
Property is that of tenants-in-common, expressly subject, however, to the terms and conditions of
this Agreement. The Owners shall not be partners or joint venturers for tax or any other
purposes and no provision of this Agreement shall be interpreted to impose a partnership or joiul
venture relationship on the Owners in law or equity. Accordingly, no Owner shall have any
liability for the debt or obligation of any other Owner.
6. Management of the Property. The Property shall be managed by a property manager
("Property Manager"), who shall be responsible for the day-to-day operation and management of
the Property in the ordinary course of business. The Owners hereby appoint Bayside Capital Co.
as the initial Property Manager and, upon their acquisition of the Property, the Owners shall
enter into a Management Agreement in the form attached hereto as Exhibit "C". Bayside Capital
Co. may subcontract or delegate any and all of its responsibilities under the Management
Agreement to one or more qualified third party property management companies. All costs and
expenses for goods and services (including, without limitation, tax accounting for each Owner)
with relation to the Property shall be an expense of the Owners although contracted for and
distributed by the Property Manager. The Owners may designate a new Property Manager as
provided in Section 9.1(d), and enter into a new management agreement with the new Property
Manager pursuant to Section 9.1(d).
7. Operating Reserve. The Property Manager shall retain out of the gross income from
the Property such reserves as reasonably necessary or prudent in the judgment of the Property
Manager for the proper operation and management of the Property.
8. Additional Contributions. In the event that the Owners determine, as provided in
Section 9.1.3, that additional contributions of funds by the Owners are necessary to properly
maintain and manage or further develop the Property, each Owner shall make such additional
contributions as provided in this Section 8.
8.1 Requirement to Contribute. Upon detemrination by the Owners of the
amount of funds necessary pursuant to Section 9.1(c), the Property Manager shall give notice to
each Owner of the total amount of such funds and of each owner's share thereof. Each Owner
shall be required to make an additional contribution of funds in the proportion that each Owner's
Interest bears to the aggregate of all Interests. Each Owner shall pay the funds due hereunder
directly to the Property Manager within sixty (60) days of the date request is made therefor.
8.2 Failure to Contribute. If any Owner ("Defaulting Owner") fails to make
the contribution required of him under Section 8.1, the Property Manager shall give notice to all
Owners of such Defaulting Owner's name and the amount of his default. The Owners complying
with the provisions of Section 8.1 ("Non -Defaulting Owners") shall then have the right to select
any one of the options set forth below, in addition to any remedies provided by law or equity, or
any combination of the foregoing, to make up for the failure of the Defaulting Owner to
contribute funds as required.
(a) Loan by Owners. The Non -Defaulting Owners may advance the
money owed by the Defaulting Owner and elect to treat such advance as a loan to the Non -
Defaulting Owner. The amount of such advance outstanding shall bear interest at the lesser of (a)
the prevailing prime rate as set by Wells Fargo Bank on the date the advance is made, plus two
percent (2%) per annum or (b) the maximum legal rate. Said interest shall accrue from the date
the advance is made until it is repaid in full. Any such advance shall be due and payable upon
demand of the advancing Non -Defaulting Owners. Unless repaid on demand, any such advance,
together with interest as set forth above, shall, at the option of the Non -Defaulting Owners, be
deducted and repaid from rents, issues and profits of the Property otherwise allocable and
2
distributable to the Defaulting Owner. In addition, the Non -Defaulting Owners shall have a lien
upon the Interest of the Defaulting Owner to the extent of such advance plus interest thereon. If
the Defaulting Owner fails to repay, upon demand, the amount of such advance, together with
such interest, said lien at the option of the Non -Defaulting Owners may at any time be foreclosed
by power of sale. The advancing Non -Defaulting Owners are hereby expressly granted the power
to sell the Interest of the Defaulting Owner at a public sale conducted by the advancing Non -
Defaulting Owners or their approved agent, at which sale the Non -Defaulting Owners are hereby
authorized to credit bid on their behalf the amount of the unpaid advance made on behalf of the
Defaulting Owner plus interest, attorney's fees, trustee's fees and other expenses of the sale. Any
Owner may bid at the sale. The purchaser of the Interest sold must comply with the provisions of
Section 10, as a condition precedent to his ownership becoming effective.
(b) Loan by Institutional Lender. The Non -Defaulting Owners may direct
the Property Manager to obtain a loan from a bank, savings and loan association, or other
commercially reasonable lending institution as may be necessary. Such a loan may be secured by
the Property and/or the Defaulting Owner's Interest therein. The terms and conditions of such
loan shall be determined by a majority of the Interests of the Non -Defaulting Owners. The
principal amount of such loan shall not, in any event, exceed the amount of the defaulted
contribution(s) plus the ,costs of acquiring the loan. The total cost of such loan, including,
without limitation, any origination fees, points, interest, insurance premiums and principal
payments, shall be an obligation of the Defaulting Owner. Payments required under such loan
shall be deducted and repaid from rents, issues and profits of the Property otherwise allocable
and distributable to the Defaulting Owner.
(c) Right of Contribution. Each Owner acknowledges the right of
contribution of each other Owner as a tenant-in-common under Idaho law. Such right of
contribution includes, without limitation, the right of any Owner who pays a debt or obligation
for the benefit of the Property, discharges a lien on the Property, or makes an expenditure for the
protection and preservation of the Property, to receive a ratable contribution from all other
Owners. As provided under Idaho law, such payments by an Owner constitute a lien on the
Interest of each other Owner, enforceable by foreclosure, and such paying Owner is entitled to
interest at the legal rate on the amount of each other Owner's share of such payments from the
date demand for contribution is made until paid.
9. Voting Rights.
9.1 Voting Rights. A vote of Owners holding more than fifty percent (50%o)
of the Interests shall be required:
(a) To approve any sale; exchange, transfer, subdivision, mortgage,
pledge, or encumbrance of all or any portion of the Property or to terminate this agreement of
extend the term thereof;
(b) To approve a policy for the distribution of cash flow from the
operation of the Property;
3
(c) To approve a plan for the additional contribution of funds and the
amount of such funds to maintain and manage the Property;
(d) To change or select Property Managers or to enter into a management
agreement with a new Property Manager;
(e) Before any expenditure made by an Owner shall be deemed made for
the protection or benefit of the Property for purposes of Section 8.2(c);
(f) Before any single expenditure in excess of $500,000 is made by the
Property Manager unless such expenditure is necessary to avoid injury to person or property; or
9.2 Meetings. Meetings of the Owners shall be held at the place and time
designated by the Properly Manager in a written notice to the Owners. Such meetings shall be
held when deemed appropriate by the Property Manager or upon the written request of one or
more Owners served upon the Property Manager; provided, however, that such meetings shall
not be held more than once every thirty (30) days. Each Owner may have no more than one
representative present at any such meeting. The Property Manager shall have the right to conduct
telephone polls of the Owners on matters requiring a vote of the Owners under this Agreement.
The results of such polls shall be of the same force and effect as if a vote had'been taken at a
formal meeting of the Owners.
10. Transfer of Interest. No Owner.(other than Bayside Capital Co.) shall have the right
to sell, exchange or otherwise transfer its Interest, or any part thereof, except a sale to another
Owner. Except for such transfers, an Owner (other than Bayside Capital Co.) may not sell,
exchange or otherwise transfer its Interest to a third party until he has offered the Interest to the
other Owners in accordance with Section 11. Bayside Capital Co. may sell, exchange or
otherwise transfer its Interest, or any part thereof, without regard to provisions of Section 11. No
sale, exchange or other transfer of an Interest shall be effective until the following requirements
have been met:
10.1 The transferee has executed this Agreement;
10.2 The transferor and transferee have executed such other instruments as
counsel for the non -transferring Owners may deem necessary or desirable to cause the transferee
to become a tenant-in-common with the other Owners subject to this Agreement; and
10.3 The transferor and transferee shall pay such reasonable expenses
connected with the transfer including, without limitation, legal expenses incurred by the non -
transferring Owners in reviewing the transaction and preparing and recording appropriate
documents to evidence the transferee's tenant-in-common interest, subject to this Agreement, or
to satisfy the requirements of anyone holding a lien against the Property.
El
11. Right of First Refusal.
An Interest, or any part thereof, which an Owner (the "Transferor Owner") intends to
sell, exchange, or otherwise transfer, shall, except for transfers permitted under Section 10, first
be offered in writing to the other Owners (the "Offeree Owners") at the same price or exchange
value and other terms at which the Interest is proposed to be sold or exchanged. The Offeree
Owners shall have a period of fifteen (15) days from receipt in which to accept or reject said
offer in whole or in part. In the event the Transferor Owner proposes to exchange the Interest,
the exchange value to be credited for such Interest, together with the identity of the other
property for which it is being exchanged and the terms and conditions of such exchange, shall be
set forth in such written notice and offer to the Offeree Owners. In the event of such exchange,
the Offeree Owners shall have the right to acquire the Transferor Owner's Interest in the
Property in exchange for the other property designated in the offer with an exchange value equal
to that set forth in said offer. The. Offeree Owners shall cooperate to effect such exchange,
provided that such Offeree Owners incur no additional cost liability or expense in excess of that
which would be incurred in a purchase of the Transferor Owner's Interest.
If the Offeree Owners, or any of them, accept said offer in whole or in part, an escrow
shall be opened at a responsible escrow company of the Offeree Owners' choice and said escrow
shall close within ninety (90) days of the acceptance of said offer. In the event that more than
one of the Offeree Owners elect to exercise the within option, unless they otherwise agree, each
such Offeree Owner shall purchase a part of the Transferor Owner's Interest based upon the
proportion that such Offeree Owner's Interest bears to the aggregate of all Interests. The title
insurance premium and all other costs and expenses of escrow shall be borne and paid by the
respective parties in accordance with the terms of the offer, and if not specified, then in
accordance with the custom and practice then prevailing in Ada County, Idaho.
Unless the entire Interest so offered for sale or exchange has been purchased in
accordance with the terms and procedure set forth above, the Transferor Owner may sell or
exchange the entire Interest so offered to any third person or party during the 120 -day period
following the expiration of the 15 day period in which an Offeree Owner must accept the offer,
but not at a price lower than the proposed price or on terms more favorable to the purchaser than
the proposed terms. After the expiration of the 120 -day period, no portion of the Interest may be
sold or exchanged without the Interest first being re -offered to the other Owners in accordance
with this Section 11.
12. Effect of Transfer. Upon a transfer to a third person of any Owner's hiterest, or any
part thereof, in accordance with Sections 10 or 11, the transferee thereof shall become a tenant-
in-common with the remaining Owners, and its rights, interests, and obligations in and to the
Property shall be governed and determined by the terms and provisions of this Agreement. Upon
the disposition by an Owner of its Interest, or any part thereof, said Owner. shall be entitled to
invest the proceeds as he chooses, with no requirements to continue to invest with the other
Owners.
L
13. Bankruptcy.
13.1 Richt to Purchase Interest. The remaining Owners shall have the right to
purchase the Interest of an Owner ("Bankrupt Owner") who does any of the following:
(a) Files a petition under any chapter of the Federal Bankruptcy Code, or
any similar insolvency law, State or Federal, whether now or hereafter existing.
(b) In any involuntary bankruptcy case commenced against such Owner:
(i) Files an answer admitting that be is generally not paying
his debts as such debts become due;
(ii) Fails to obtain a dismissal of such case within one hundred
twenty (120) days of its commencement;
(iii) Converts the case from one chapter of the Bankruptcy Code
to another chapter of the Bankruptcy Code; or
(iv) Is the subject of an Order for Relief in such bankruptcy
case.
(c) Consents or has a custodian, as that term is defined in the Federal
Bankruptcy Code, appointed for bim, or has any Court take jurisdiction of his property, or
substantially all thereof, in any voluntary proceeding for the purpose of reorganization,
arrangement, dissolution or liquidation, if such custodian shall not be discharged, or if such
jurisdiction shall not be relinquished, vacated or stayed on appeal within forty-five (45) days of
the appointment.
(d) Makes a general assignment for the benefit of its creditors.
13.2 Purchase Price. The purchase price of such Bankrupt Owner's Interest
shall be determined by appraisal. Such appraisal shall be made by any qualified M.A.I. appraiser,
selected by the Owners electing to purchase the Interest of the Bankrupt Owner. If there is no
agreement as to the selection of one appraiser, each such Owner electing to purchase shall select
an M.A.I. appraiser and the appraisers so selected shall make an independent appraisal of the
Bankrupt Owner's Interest. The concurring opinion of any two appraisers shall determine the fav
market value of the Bankrupt Owner's Interest. In the event that no two appraisers concur on the
fair market value, then the fair market value shall be the average of all appraisals.
14. Incurring Liabilities. No party shall incur any obligation in the name or on the credit
of the Property or the name "Taylor Commerce Park" without the consent of Owners holding
more than fifty percent (50%) of the Interests. Notwithstanding the foregoing, the Property
Manager shall not be required to seek the Owners' approval for any individual liability that is
less than $500,000 in connection with the management or further development of the Property.
Any Owner who incurs any obligation in violation of this provision, in other than an emergency
situation in which the preservation of the Property is in question, shall be personally liable to the
other Owners for the entire amount of the obligation incurred.
15. Partition. In view of the objective of the Owners described in Section 3, and in
consideration of the reasonable restrictions placed on the transfer of Interests under this
Agreement,' each Owner hereby waives his right to partition the Property for the term of this
Agreement. Notwithstanding the foregoing, in the event that the Property is subdivided into two
or more parcels that may legally have separate ownership, the Property Manager may set an
individual fair market value for each such parcel and solicit from each Owner a designation of
one or more of the parcels as the Owner's preference for its continued investment in the
Property. Ownership of the various parcels comprising the Property may then be partitioned
among Owners in a manner that most closely reflects the Owners' collective preferences
utilizing such procedures as may be specified in the request for indication of preference.
16. Arbitration. Any dispute, controversy, or claim arising - out of or relating to this
Agreement, or the interpretation, construction, performance, or breach thereof, shall be settled by
arbitration conducted in Ada County, Idaho, in accordance with the then existing rules of the
American Arbitration Association. Any judgment upon the award rendered by the arbitration
may be entered in any court having jurisdiction thereof. Any Owner requesting arbitration under
this Agreement shall make a demand on the other Owners in accordance with the notice
provisions of this Agreement. The arbitration shall be conducted regardless of the failure or
refusal of any Owner to participate.
17. Insurance. Full liability, fire, and property damage (broad form comprehensive)
insurance coverage on the Property shall be maintained at all times. Liability coverage shall be
no less than $1,000,000/$2,000,000 per occurrence/annual aggregate.
18. Indemnification. Each Owner shall indemnify and hold bamiless the other Owners,
and each of them, from and against all damages and expenses for which such other Owners may
become liable as a result of any act or omission by such Owner in contravention of the
provisions of this Agreement.
19. Notices. Any notice or other communication required or permitted under this
Agreement shall be in writing and shall be personally served or mailed, postage prepaid,
registered or certified, with a return receipt requested addressed to the Owners at their respective
addresses set forth on Exhibit `B". A personally delivered notice is effective on delivery. A
mailed notice is effective 72 hours after notices to all Owners have been deposited in the United
States Post Office mailbox, postpaid, and addressed as indicated above. An Owner's address may
be changed only in the manner provided herein for giving notice.
20. Default Under Loan Documents. If any Owner (the "Defaulting Debtor"), by its
action or inaction, causes a default under any loan documents pertaining to any loan that may be
secured by the Property at any time (a "Loan Document Default"), then the other Owners (the
"Nondefaulting Debtors") shall have the right, but not the obligation, to cure such Loan
Document Default, and the Defaulting Debtor hereby indemnifies and agrees to compensate the
Nondefaulting Debtors for any costs and expenses incurred by the Nondefaulting Debtors which
VA
are attributable to the Nondefaulting Debtors having cured such Loan Document Default,
including but not limited to all costs or expenses required to be paid by the Nondefaulting
Debtors; taxes and insurance premiums of every nature and kind; filing, recording, publication
and search fees, appraiser fees, auditor fees and costs, and title insurance premiums paid or
incurred by the Nondefaulting Debtors in connection with such Loan Document Default; costs
and expenses incurred in gaining possession of, maintaining, preserving, selling, disposing of,
preparing for sale and/or advertising to sell the Property, whether or not a sale is consummated;
costs and expenses of suit incurred by the Nondefaulting Debtors in enforcing or defending this
Agreement or any portion hereof; and reasonable attorneys' fees and expenses incurred by the
Nondefaulting Debtors.
21. Miscellaneous Provisions.
21.1 Time. Time is of the essence in each provision of this Agreement.
21.2 Attorn Vs' Fees. If any legal action, arbitration or other proceeding is
commenced to enforce or interpret any provision of this Agreement, the prevailing party shall be
entitled to an award of its actual expenses, including without limitation, expert witness fees and
attorneys' fees and disbursements. The phrase "prevailing party" shall mean the party who
obtains substantially the relief desired, whether by dismissal, default, summary judgment,
judgment, settlement or otherwise.
21.3 No Waiver. Waiver by one party of the performance of any covenant,
condition or promise shall not invalidate this. Agreement, nor shall it be considered to be a
waiver by such party of any other covenant, condition, or promise hereunder.
21.4 Severability. If for any reason, any provision of this Agreement shall be
held to be unenforceable, it shall not affect the validity or enforceability of any other provision of
this Agreement.
21.5 Construction. Where required by the context of this Agreement, the
masculine, feminine, or neuter gender and the singular or plural shall each be deemed to include
the other. This Agreement shall be construed as a whole and in accordance with its fair meaning,
and not in favor of or against any party. The captions are for the convenience of the parties only
and shall not affect the provisions of this Agreement.
21.6 Exhibits; Entire Agreement. Each of the Exhibits attached hereto is
incorporated herein by this reference. This Agreement, including said Exhibits, contains the
entire agreement between the parties regarding the Property and supersedes all prior agreements,
whether written or oral, between the parties regarding the same subject. There are no
representations, agreements, arrangements or undertakings, oral or written, among the parties
hereto relating to the subject matter of this Agreement which are not fully expressed herein.
21.7 Successors. Subject to the provisions of Sections 10 and 11, this
Agreement shall bind and inure to the benefit of the transferees, assignees, executors, devisees
0
guardians, and other successors in interest of the parties and shall constitute covenants running
with the Property.
21.8 Governing Law: This Agreement shall be construed under and enforced in
accordance with the laws of the State of Idaho applicable to contracts made and to be performed
in Idaho, without giving effect to conflict of law rules.
21.9 Amendment. This Agreement may be amended in whole or in part only by
mutual written agreement of all of the parties hereto. To be effective, any amendment of this
Agreement must be dated, executed, acknowledged, and recorded, and shall be labeled,
"Amendment to Tenancy -In -Common Agreement," and in the event any conflict arises between
the provisions of said amendment and any of the provisions of any earlier document or
documents, the most recent duly executed amendment shall be controlling.
21.10 Recordation. Each of the parties hereto agrees that this Agreement or a
short form hereof shall be recorded, and each of the parties covenants and agrees to execute and
acknowledge this Agreement or a short form hereof and take such other acts as may be necessary
to ensure proper recordation in the county where the Property is located.
21.11 Counterparts. The parties may execute this Agreement in one or more
counterparts, which shall, in the aggregate, be signed by all of the parties. Each counterpart shall
be deemed an original and all counterparts shall. constitute one and the same agreement.
Executed as of the date first written above.
BAYSIDE CAPITAL CO.
a Nevada corporation
Its:
BAYSIDE IDAHO LLC
a Nevada limited liability company
M.
Its:
I
THE WILBUR FAMILY LIVING TRUST dated September 27, 1994
Robert Wilbur, Trustee
By:
Carolyn Wilbur, Trustee
By:
Richard Izmirian
By:
Luther C. Izmirian
THE PUTNAM FAMILY LIMITED PARTNERSHIP
By:
Gail Putnam Stem, General Partner
By:
Jeffrey Putnam, General Partner
By: Trustees of the Kenneth Putnam Special Needs Trust, General Partner
By:
Donald B. Putnam, Trustee
LIZ
Alexandra Putnam, Trustee
10
EXHIBIT A
REAL PROPERTY DESCRIPTION
LEGAL DESCRIPTION
A portion of the South half of the Southwest quarter of Section 12, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the South quarter corner of Section 12, Township 3 North, Range 1 West,
Boise Meridian; thence
along the South section line of said Section 12,
North 89049'00" West, 1,325.61 feet; thence
North 00001'25" West, 865.00 feet to the REAL POINT OF BEGINNING; thence continuing
North 00001'25" West, 598.89 feet to a point on the South right-of-way of the Union
Pacific Railroad; thence
along said right-of-way
South 89006'32" East, 733.31 feet to a point; thence
South 00001'00" East, 590.30 feet to the North right-of-way of West Taylor Avenue being a
curve to the left;, thence
along said curve to the left and North right-of-way a distance of 163.02 feet, said curve
having a radius of 110.00 feet, a delta of 84154'38", and a long chord of 148.51 feet
bearing South 42026'15" West; thence
leaving said North right-of-way
North 00°01'00" West, 110.38 feet; thence
North 89049'00" West, 632.91 feet to the POINT OF BEGINNING.
11
EXHIBIT B
TENANCY IN COMMON PERCENTAGE INTERESTS
Owner
Interest
Bayside Capital Co., a Nevada corporation
37.9214%
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Bayside Idaho LLC, a Nevada limited liability company
12.6869%
10161 Park Run Drive, Suite 150
Las Vegas, Nevada 89145
Robert Wilbur and Carolyn Wilbur, Trustees of the Wilbur Family
22.4508%
Living Trust dated September 27, 1994
20280 Road 52, Tulare, CA 93274
The Putnam Family Limited Partnership 8.9803%
60 Via Hermosa, Orinda, CA 94563
Richard Izmitian 8.9803%
2215 Eaton Ave., San Carlos, CA 94070
Luther C. Izmirian 8.9803%
2309 Oakdale Ave., Hillsborough, CA 94010
12
EXHIBIT C
PROPERTY MANAGEMENT AGREEMENT
13
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NOTES'
•
R, L]NED SHALL P€ IN ACGORPANEF WITH THE
( 11
I TI IAE OF LSSUANCE OF THE D ILDING PERMIT, ALL
i} - SyALL AEET DIMENSIONAL STANNAROS AS
1, ORDINANCE
T,f is FLAT SHBLU >;DN A TO THE #PPLIGABI,d
Or AT THE TIME OFRERUBDIVISIOIL
_....N9O A00WO0". E.. 13230 I I, or BEEN PA PRDVDED FROM NAAMERIDIAN
E OWNER SHALL COMPLY WIM THE DISCLOSURE
I D DE 3H3605(2).
Im ESIGNATEa A9 HAVING A PKRAM54T PUBLID
--.. ...F r—
NRIGATION ANR,STREET.LIGRr EASEMENT
DJAEENT TO ANY g1,TREET THAT ISORDICATEO TO
PRVCVJD
----
HIS WFAIr
tiRF*CW, PRIIVEMM TND WALKWAYS NOT
TO
,EACH LOT.
1N I
OF THE SUBDIVISION
POBUG
'RE
ANG AR TEN BNNFOOT WIDE PYRMAI4:N,T
5
WE AND IRRIGATION EASEMENT ADJACENT TO SAID
NO 2360 --FOR ADDITIONAL (SURVEY NCDRAATION.
TION S7STEM'WITHM TO DE&LOPASNT I$ OWNED -
NERS ASSOCIATION.
_ 172.03'
•OF RUILDING NOTINGSrSHALL BE SETA ANNUM
ESTABLISHED NORMAL.GROUNDWATER. ELEVATION.
z ~r [ALS "&. ACROSS,WI➢CH PASSES AN IRRIGATIONYORANAL'E
�P ,51ST B,FA.S3
R LE FOR THE MAINTENANtE THEREOF UNLESS
TEEN ASSUMED BY AN IRRIGAN DN/DRAINAGE
KSI
E,I
11RIGH ARE SUBJECT TO THE €AVEIMNT& AND
6ZO IN ADA COUNTY. JSAHO CONQMRE_NTLA''YITN
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TEALEYPS LAND SURVEYING
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14
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(:: WEI(IDIANI,p-
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
All applications are required to contain one copy of the following unless otherwise noted:
V— 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,
V....t....:,a,......,..r,xo e.«,avo .,a u...m...e.:.....,..ee.e.,:ae....e.....x.,....�.e.ae-.e......,a....:....:.. e.. o.,.e,.a....a ....e..
I r I Scaled vicinitv mat) showing the location of the subiect Dronertv I. I r'I
-IE Per PQM)
Sanitary Service Company approval for trash enclosure & access drive (stamped, fun sire site
test report for any light fixture(s) with a maximum output
to8r/z"x
• 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
waived if you prove no water rights exist to subject property)
• Sidewalks or pathways (proposed and existing)
• Location of Drot)osed building on lot (include dimensions to mooeov lines)
Zi/D6-100 V
_ ydtt-�-
• Fencing (proposed and existing)
• Calculations table including the following: I
➢ Number of parking stalls required & provided (specify handicap & compact stalls)
➢ Building size (sq. ft.)
D Lot size (sq. ft.)
➢ Setbacks
➢ Zoning district
• Reduction of the site plan (8 r/x" x 11")
Landscape plan — 3 copies (folded to 8 r/z" x 11" size)
Plan must have a scale no smaller than I " = 50'(1 " = 20' is preferred) and he on a standard
drawing sheet, not to exceed 36" x 48" (24" x 36" is preferred). A plan which cannot he drawn in
its entirety on a single sheet must he drawn with appropriate match lines on two or more sheets. -
The following items must be included on the landscapeplan:
• Date, scale, north arrow, and project name
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Vin add+)1 Im tt-ffids ref. 6k bldg .Cid vt's� b►e " a�j- �ta�P✓n�l✓
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of 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. 4/03/09)
• 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 an
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
flood tains, high groundwater areas, and rock outcroppings
I
1.J/A
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed
• A statement of how existing healthy trees proposed to be retained will be
_ ..
protected from damage during construction
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
✓
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements
J/A
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
!'1
be shown with one -foot contours
P]
• 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 ]II), and comments (for
spacing, staking, and installation as appropriate)
• Planting and installation details as necessary to ensure conformance with all
r
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)
1 /
➢ Width of parking lot perimeter landscape strip
t-t(Et'
➢ 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 rh" x 11")
V
Building elevations showing construction materials — 3 copies (folded to 8 t/i' x 11" size)
t/
Reduction of the elevations (8 r/z" x 11")
If applying for approval of a public school, provide additional information as required by
^'In
the Public School Facility supplemental checklist per §67-6519
Fee (If this project bad prior approval on a site plan, reduced fees may apply)
ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of 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. 4/03/09)
CiWE IDIANJ�-
Planning Department
DESIGN REVIEW
Design Manual Compliance
Project name: -As(LPI(2,A��p " - fJ4z-( I- File#:
Applicantlagent: LA
To promote the interconnectivity of the community and reduce the impacts that vehicle access points impose on
roadways and the physical and visual character of developments.
I See corresponding item in the Design Manual forfull 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
1214108)
X C-1.2.3.1. Limit direct vehicular access off major
roadways, including highways, principal arterials...
J C-1.2.3.1.1. Coordinate and combine access points
,J1 with adjacent sites and uses to reduce or eliminate...
XC-1.2.3.1.2. Provide site ingress/egress from secondary
roadways for sites adjacent to major roadways.
X C-1.2.3.1.3. Where secondary roadways cannot be
provided, coordinate and combine access points to...
X C-1.2.3.1.4. Multiple -site and large-scale developments
should limit ingress/egress points and establish...
X C-1.2.3.1.5. Use shared access points, secondary
roadways, or internal circulation to access comer sites.
C-1.2.3.2. Provide pedestrian and vehicular
connections that link adjacent uses and circulation...
v C-1.2.3.2.1. Where possible, coordinate and align
Vt 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...
y C-1.2.3.3. Establish internal site circulation as an
interconnected network of walkways, nathways...
XC-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 9 Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
X C-1.3.2.2. Provide clearly defined building entries and
connect them to roadways, pedestrian walkways...
C-1.3.2.2.1. Primary building entries should face
roadways, pedestrian environments, or adjacent... _
K C-1.3.2.2.2. Large-scale buildings should provide
entrances on at least two different building fagades...
XC-1.3.2.3. Strategically locate public spaces and site
amenities, such as common open space, transit...
X
C-1.3.2.3. 1. Organize buildings around public space
and site amenities to establish destinations that...
C-1.3.2.3.3. Orient public spaces and site amenities
Xtoward roadways adjacent to building entries...
X C-1.3.2.4. Locate parking toward the interior of the site
and integrate parking areas to establish an attractive...
X C-1.3.2.4.1. Place parking areas away from site
comers, primarily to the rear and/or side of buildings...
X C-1.3.2.4.2. Use a parking strategy to minimize the
land area devoted to vehicular parking; include...
X C-1.3.2.4.3. Distribute parking into smaller areas
around, between, and behind structures to shorten the...
C-1.3.2.5. Where possible, coordinate the placement of
public spaces, site amenities, parking areas, and/or...
X 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, I I _
mechanical eauipment. and utilities awav from...
C-1.3.2.6.2. Where possible, place service and loading
ixi I I areas behind buildines and provide access from...
X C-1.3.2.6.3. Coordinate the placement of freestanding
site services and mechanical equipment to eliminate...
y C-1.3.2.6.4. Place utility lines underground and away
from planting zones whenever possible.
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 9 Website: www.meridimeity.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.
X C-1.4.2.1. Parking areas should establish an
appropriate circulation pattern for pedestrians and...
X C-1.4.2.1.1. Coordinate vehicular and pedestrian
circulation patterns to delineate pedestrian walkways...
X 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...
V C-1.4.2.2.1. Break up parking areas into smaller,
separated modules and arrange parking to minimize...
NC-1.4.2.2.2. Reduce the depth of parking areas and
(� limit parking between building fagades and...
C-1.4.2.2.3. The design and layout of internal site
1XI I I Darkine should avoid lone, unbroken Darkine bays...
j( C-1.4.2.2.4. Use trees, landscaping, hardscapes,and
✓\ architectural elements to provide shade, create...
y C-1.4.2.2.7. Distribute and integrate appropriately
�1 scaled lighting to provide safe and adequately...
C-1.4.2.3. Where appropriate, incorporate and arrange
on -street parking to produce traffic calming effects...
v C-1.4.2.3.1. Coordinate the use of on -street parking,
including the design and location, with the...
x
X
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.
KC-1.5.3.1. Design public and open spaces as
destinations within individual developments and...
t See corresponding item in the Design Manual for fu11 text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
J 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
XC-1.5.3.1.2. Clearly delineate the edges of public
spaces. Use building fagades, materials, architectural...
XC-1.5.3.1.4. Design public spaces to provide visual
interest that enhances development character and...
C-1.5.3.1.5. Where appropriate, use public and open
spaces as transitions between land uses to promote...
v C-1.5.3.2. Incorporate pedestrian -oriented amenities _
!\ that promote various active and passive uses within...
XC-1.5.3.2.1. Use decorative pavers or other materials
suitable for hardscaoes that endure well and add...
C-1.5.3.2.2. Incorporate plantings, trees, and other plant
]( materials to add vertical texture and varietv to Dublic...
C-1.5.3.2.3. Provide adequate seating that reflects the
nature of the intended activities. Use fixed seating... _
XC-1.5.3.2.6. Where appropriate, provide pedestrian -
scaled light fixtures that provide adequate lighting...
XC-1.5.3.3. Public and open spaces should maintain
pedestrian and user safety and provide secure...
To encourage the attractive and purposeful use of plants and other landscape materials that enhance development
character, including public and open space, parking, required buffers, and pedestrian environments.
X C-1.6.2.1. Use an organizational strategy for landscape
plantings to promote aesthetic compositions that...
XC-1.6.2.1.1." Use formal planting arrangements, such
as regular and linear intervals and geometric patterns...
K C-1.6.2.1.2.°Use informal planting arrangements, such
as irregular intervals, random patterns, and...
K C-1.6.2.2. Integrate landscaping as appropriate to
establish a consistent appearance and aesthetic...
X C-1.6.2.2.1. Use appropriate classes of trees for urban
environments and streetscapes. Consider height and...
1 See corresponding item in the Design Manual for full test.
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.
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.meridimcity.org
xC-1.5.3.1.1.
Provide appropriate types and sizes of
,
public and open spaces, including development...
XC-1.5.3.1.2. Clearly delineate the edges of public
spaces. Use building fagades, materials, architectural...
XC-1.5.3.1.4. Design public spaces to provide visual
interest that enhances development character and...
C-1.5.3.1.5. Where appropriate, use public and open
spaces as transitions between land uses to promote...
v C-1.5.3.2. Incorporate pedestrian -oriented amenities _
!\ that promote various active and passive uses within...
XC-1.5.3.2.1. Use decorative pavers or other materials
suitable for hardscaoes that endure well and add...
C-1.5.3.2.2. Incorporate plantings, trees, and other plant
]( materials to add vertical texture and varietv to Dublic...
C-1.5.3.2.3. Provide adequate seating that reflects the
nature of the intended activities. Use fixed seating... _
XC-1.5.3.2.6. Where appropriate, provide pedestrian -
scaled light fixtures that provide adequate lighting...
XC-1.5.3.3. Public and open spaces should maintain
pedestrian and user safety and provide secure...
To encourage the attractive and purposeful use of plants and other landscape materials that enhance development
character, including public and open space, parking, required buffers, and pedestrian environments.
X C-1.6.2.1. Use an organizational strategy for landscape
plantings to promote aesthetic compositions that...
XC-1.6.2.1.1." Use formal planting arrangements, such
as regular and linear intervals and geometric patterns...
K C-1.6.2.1.2.°Use informal planting arrangements, such
as irregular intervals, random patterns, and...
K C-1.6.2.2. Integrate landscaping as appropriate to
establish a consistent appearance and aesthetic...
X C-1.6.2.2.1. Use appropriate classes of trees for urban
environments and streetscapes. Consider height and...
1 See corresponding item in the Design Manual for full test.
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.
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.meridimcity.org
X
X
C-1.6.2.2.3. Incorporate various plants and non- I ,I
vegetative materials that provide groundcover and...
C-1.6.2.4. Where possible, development should
coordinate landscaping with adjacent properties to...
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.
X 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...
X C-2.1.3.3. Design building fagades that express
architectural character and incorporate the use of...
X C-2.1.3.3.1. Design all appropriate sides of buildings,
including fagades that face public roadways, public...
x C-2.1.3.4. Building design should enhance public and
opens spaces, articulate aesthetic character, and...
V C-2.1.3.4.1. Design buildings to enhance the
J� attractiveness and appeal of developments, define...
C-2.1.3.4.2. Where appropriate, incorporate human and
pedestrian scale as integral components of the...
XC-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 continents 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 B. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.mefidiancity.org
To encourage building designs that appropriately use architectural and human scale to estabhsh compatible
physical and visual relationships with adjacent and surrounding developments and reinforce a cohesive
architectural character
Ys
N
N/A
Design Gtiidelinest
Comments 2
Staff
x
C-2.2.2.1. Proposed developments should use
'
proportion and scale to design buildings compatible...
"
C-2.2.2.1.1. Infill, greenfield, and redevelopment
t7(
proposals should coordinate the placement...
C-2.2.2.1.2. Large-scale and multibuilding
y�
developments are encouraged to produce innovative...
C-2.2.2.1.3. Where possible, group or incorporate
smaller uses along fagades that introduce modulation...
Xoverwhelming
C-2.2.2.2. Design and configure buildings to reduce
and disproportioned architectural...
y
C-2.2.2.2.1. Development should consider the scale of
P
surrounding buildings, including relationships to...
X
C-2.2.2.2.2. Use variation in building form and
proximity to other buildings, including, but not...
C-2.2.2.2.3. Where appropriate, establish a hierarchy of
building scales that transition from intense to less...
C-2.2.2.2.4. Building scales along roadways and
adjacent to or near urban areas of the community are...
C-2.2.2.3. Incorporate human scale on appropriate
building fagades to support an aesthetic architectural...
C-2.2.2.3.1. Use human scale to emphasize fenestration
patterns, architectural elements, proportion...
C-2.2.2.3.2. Human scale is required at the ground or
street level at building entries, along roadways, and...
I See corresponding item in the Design Manual for fall 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-2.3.2.2.1. Use divisions, fenestration, architectural -
elements, details, accent materials, and human scale...
C-2.3.2.2.2. Where building designs incorporate
multiple stories, or equivalent building heights...
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 9 Facsimile: (208) 888-6854 • website: www.meridiancity.org
C-2.3.2.2.3. Use horizontal and vertical divisions in
V�
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...
C-2.3.2.2.5. Design the uppermost story or fagade wall
planes to complete the building design. Use articulation...
C-2.3.2.2.6. Building designs within designated areas of
u
,\
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
windows, details, and materials to articulate building...
C-2.3.2.3.2. Fagades at ground level should average 40
X
percent transparency along roadways and adjacent to...
-.
C-2.3.2.4. Building designs should provide proportionally
X
taller ground -level fagades to accommodate various...
C-2.3.2.5. Building roof types, forms, and elements
Xshould
provide variation and interest to building...
C-2.3.2.5.1. Building designs should incorporate
X
appropriate roof forms with primary and secondary...
J`
C-2.3.2.5.2. Where appropriate, modulate and/or
articulate roof types, both flat and sloped, with roof...
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 9 Facsimile: (208) 888-6854 • website: www.meridiancity.org
R C-2.4.2.2. Building designs should not create blank wall
segments along roadways or adjacent to public space...
C-2.4.2.3. Organize and locate building service
equipment, including, but not limited to, mechanical...
��// C-2.4.2.3.1. Use integrated architectural elements to
V� I I provide adeauate screenine and appropriately...
C-2.4.2.3.2. Screen service equipment at ground level
from pedestrian and vehicular view to a minimum...
t 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 with 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... 4
C-2.5.2.2.1. Select combinations that emphasize a -
finished composition and enhance human scale for...
KC-2.5.2.2.2. Concrete masonry that provides texture,
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
K to establish attractive architectural character and...
C-2.5.2.2.5. Provide pattern, texture, and detail in the
building desien 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
Kbuilding materials and support innovative and good...
C-2.5.2.4.1. The use of subtle, neutral, and natural
Ktones for 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,
Fx such as metal or reflective glazing, should be...
t See corresponding item in the Design Manual forfull text.
P 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 9 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.
N C-2.6.3.1. Where appropriate, use lighting on building
V� exteriors to promote safe pedestrian environments...
C-2.6.3.1.1. Coordinate lighting fixture spacing and
height along streetscapes and roadways to avoid... _
K C-2.6.3.1.3. Lighting fixtures used on building
�1 exteriors should be integrated with building design...
C-2.6.3.2. Signs should be integrated with architectural
'C elements and complement buildine desiens
C-2.6.3.2.1. Provide signs to identify individual
storefronts, buildings, and uses along roadways...
Y,
K C-2.6.3.2.3. Use appropriately scaled signs that
incorporate logos, minimize or eliminate the use of...
KC-2.6.3.2.4. Where buildings are brought up close to
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 B. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.merldimcity.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.
XI C-3.2.3.1. Developments that propose the conversion
of residential to commercial within Old Town should...
XC-3.2.3.2. Residential to commercial conversions
should use the guidelines from Section C. Design...
y C-3.2.3.3. Additions, restorations, and repairs should -
Y` use similar building forms, materials, and details...
KC-3.2.3.4. Where there are site constraints that prevent
a conversion from complying with the site character...
I 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
�E IDIAN�--
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Planning Department
DESIGN REVIEW ■ Application Checklist
Project name:f��1 IV1Er4r-E Me C -j Z Concurrent -
ApplicanU�"Y
agent, iL� WCO��(Z�(��
All applications are required to contain one copy of the following:
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 Application and submit the information below.)
Completed Design Manual Compliance Checklists (B. Urban Design Guidelines;
C. Urban/Suburban Design Guidelines; D. Suburban Design Guidelines; E. Residential
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.
Y 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. Puking areas.
c. Access
d. Street layout and/or internal circulation.
e. Pedestrian walkways and facilities.
A complete set of scaled plans including building elevations, with building materials, colors h
and textures specified and site plans.
Fee
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 SUBMITTED.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridimcity.org
(Rev. 0323/09))
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33 E. Broadway Ave. • Meridian, Idaho 83642
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