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Pizza Hut/P 4- Z_ HUBOFIRE4SLR E4LLEY %VOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 466-9272 -Fax 466-4405 CITY OF MERIDIAN CITYCOUtiCILMEMBERS PUBLIC WORKS Keith Bird 33 EAST IDAHO BLTILDIN IG DEP_3RTME.NT (208) 887-2211 - Fax 8874297 Tammy deWeerd MERIDIAN, IDAHO 83642 Cherie McCandless 'US 888-4433 - PAX (208 857-4813 (�� ) ' (� ) � . PL??v:N�TI'�G ANv'D 70NING City Clerk Office Fax (208) 888-4218 DEPARTMENT RTilliartt L.?di.'d (208) 854-5533 - FA_X 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: June 11, 2003 Project Name: Pizza Hut Project Address:_ Northwest corner of W. Cherry Lane & N. Linder Road (Cherry Crossing) Proposed Use: Dine -'mc '-out and deliver1-75-Z � Qy p Owner: Hawkins Companies Applicant: Pizza Hut of Idaho Zoning: Comments: Conditions of Approval: Project is subject to all current City Ordinances and conditions of approval for Cherry Crossing. The issuance of this permit does not release the applicant from any requirements of the approved Conditional Use Permits (File No's. CUP -01-016 & CUP -03 - 013), Preliminary Plat (File No. PP -01-010), and Final Plat (File No. FP -02-011) issued for this development. Across access agreement must be submitted prior to occupancy. ----� - Si a e: No signs are approved with this CZC. All signs will require a separate sign Permit in `E compliance with the sign ordinance. Landscaping: The Landscape Pian is approved per red -line notes on the plan stamped 6/11/03. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department.' No field changes to site plan permitted; prior written approval of all material changes is required. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. Curbing: Per Ordinance 12-13-7-9, 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. Protection of Existing Trees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Huff) for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with Ordinance 12-13-13-6. Parking Off-street parking is approved as shown on the approved site plan. A reduced stall length will be allowed with overhang into landscaping or sidewalk. No wheel stops will be allowed in parking stalls under 19' in length. 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. Sidewalks: All sidewalks shall be constructed as submitted and in accordance with the Meridian City Code requirements (MCC 12-5-2.K). 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 the Meridian City Code. Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure: All dumpsters must be screened from view and not be visible by the public or from adjacent properties. Trash enclosure must be built in the location and size as approved by SSC. See Meridian City Code 11-12-I.C. for enclosure requirements. Handicap -Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development. 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 and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan and Landscape Plan, stamped 6/11/03 are not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. AIMA So ya en Planner I *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_ Bond No. 023-007-316 SURETY BOND KNOW ALL MEN BY THESE PRESENTS: That we, Petra Incorporated as Principal, and Liberty Mutual Insurance Company, a Massachusetts corporation authorized to transact surety business in the State of Idaho, as Surety, are held and firmly bound unto City of Meridian, as Obligee, in the penal sum of Fifty Three Thousand Nine Hundred Fifty Two and No/100----($53,952.00) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has agreed to complete the landscaping at the corner of Linder Road and Cherry Lane, Meridian, Idaho. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall comply with all applicable Ordinances, Rules and Regulations, and any Amendments thereto, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That this bond shall continue in force until: ® 1. December 1, 2004, or until the expiration date of any Continuation Certificate executed by Surety, at its sole option. OR ❑ 2. Cancelled by Surety giving days written notice to Obligee and Principal of its intention to terminate its liability hereunder. SIGNED AND SEALED this 1 st day of December, 2003. cam Petra Incorporated Liberty Mutual Insurance mpany By Brenda J. mith, Attorney-in-F�c1 THIS ►OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1398869 This Power of Attorney Iimita the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint JON M. RICHE, BRENDA J. SMITH, VICTORIA D. DAVIS, ALL OF THE CrTY OF BOISE, STATE OF IDAHO ............................ .................................................................................................................................................................................................................. .................... ..............I.................................................................................................................................................................... each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding Y F TWENTIVE MILLION AND 00/100******************** DOLLARS ($ _25,000,000.00***** 1 each, and the execution of such undertakings, bonds, recognizances and. other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE Xlll - Execution of Contracts: Section S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 16th day of October 2003 LIBERTY MUTUAL INSURANCE COMPANY k COMMONWEALTH OF PENNSYLVANIA ss� *sb Garnet W. Elliott, Assistant Secretary COUNTY OF MONTGOMERY On this 16th day of October , 2003 , before me, a Notary Public, personally came Garnet W. Elli , to me known, and acknowledged that he is an. Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH,1 nto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. o. tot W" �_ CERTIFICATE By Ter sa Pastella, Notary Public I, the undersigned, Assistanifetary of Liberty Mutual Insurance Company; do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify .that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature crf,any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney Issued by the company in .connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. - IN TESTIMONY WHEREOF I have hereunto subscribed my name and -affixed the corporate seal of the said company, this 1st day of December ,2003 , By ! Y.w'> David M. Carey, AssijitiiHt Secretary k Notadai seal OF Teram Pala. Notary Public Ptymauth Twp., MDrrvomery Go-ty My C%m- misslon CWpjres Mar. 2& 2€W5 Member; Pennsylvania Association rf Notation CERTIFICATE By Ter sa Pastella, Notary Public I, the undersigned, Assistanifetary of Liberty Mutual Insurance Company; do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify .that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature crf,any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney Issued by the company in .connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. - IN TESTIMONY WHEREOF I have hereunto subscribed my name and -affixed the corporate seal of the said company, this 1st day of December ,2003 , By ! Y.w'> David M. Carey, AssijitiiHt Secretary k 12/01/2003 MON 14:43 FAX Z001/002 FAX COYER SHEET From: Michaef;Ni h Date: 12-1-03 To: Craig Hood Company: Meridian P & Z Fax Number: 888-6854 Phone Number; 884-5533 Pages (including cover sheet): 2 RE' Bondina — Cherry Crossing Comments: Here is a copy of the proposal from the landscaper for 1 will have a bond written for $53.952.0_0 and issued to tomorrow. Please review and call with questions. If you have any questions please contact me at (208) 860-7508. Froyn the desk of.- Michael f Michael Nigh Project Manager mnigh «,petrainc.net 9056 W. Blackeagle Drive Boise, ID 53709 Fax: 209-323-4507 12/01/2003 MON 14:43 FAX. t August 11, 2003 Petra Incorporated 9056 West Blackeagle Dr_ Boise; Idaho 83709 Re: Landscape and Irrigation bid for Cherry Crossing Bid includes plant material, sod, bark, poly -edging, 150 yards topsoil for fine grade, irrigation system (will be tied into cxisting system), labor, and tax. Total bid amount is S 49,047.00 Bid does NOT include ex -out to sub -grade for topsoil; others are responsible for setting rough grade to -k 101`. Thankk You, ck P cott P.C. Box 191253 • Balsa, Idaho 83719 ■ (208) 376-6599 • Fax (208) 323-4507 1x002/002 -- hOV. 12.2003 11:50AM BRS ARCHITECTS ,r r ARCIAITECT5 1010 S. AL LAM PIL. SUITE 100 DOISE, LDANO 83709 "1'ELRPH0NE 206 336 8370 FAX 269 336 8380 FAX MEMO To: City of Meridian Planning & Zoning Athm Sonya From;Drew Ebright Re; Pizza Hut @ Cherry & Linder BRS #02127 NO. 0464 P. 1 Date; 11/12/2003 Sonya, PeX our prior telephone conversations, attached you will find the revised landscape plan per the CZC requirements. If you have any questions or comments, please give us a call. Thank you. DOCUT Ile Page 1 NOV. 12.2003-11:50A BRS ARCH ITECTS,W N0. 0464 P. 2 a� nm 01,4M , ! [ ; �q $ V NO 9mias a r VI pB i� c9,t} ra 8yg W . �S�r91��ii Jill aY,�i�r SC Y% oe Pimm - — a rqc Y is, p � xa!@Cypgi sq�`k `�E�Jy`�pg BIp Ipgr3Qeyq n G Sol 6 C C C x 1 1 eee I gs e ase L r , I I I I I I I Y L V � ►- PoOV. 12. 2003_11:50A BRS ARCHITECTS_. , ..- ,_ N0. 0464- -P. 3 NV1d 3dvOSOMd7 7UE 1a0 1 7 WV, 20, 2003 11:42AM M BRS ARCHITECTS s 0 r NO, 0]13.. P. 2/2 ry 0 NUV. 20.2003 11:42AM BRS ARCHITECTS -,-oft�i i 0--wo r ,NJR-CHITECTS 1010 S, ALLANTE PL. SUITE 100 g015F, [IDAHO 83709 TELEPHONE 209 336 8370 FAX 208 336 8380 FAX MEMO To: Meridian P/Z A#ne Sonya From: BRS Re: Pizza Hut Cherry Crossing #02127.06 5oyna: N0.0713 P. 1/2 pate: 11/20/03 Per Drew�s earlier voice snail, we attach a copy of the proposed IPCO transformer landscape screening. We had no voice in this location and want to make certain it is screened appropriately. Please call if you have any questions. C= PH(Allan) Dxurrerma page 1 Message Sonya Allen To: Bill Subject: Pizza Hut Cherry Crossing M Page 1 of 1 In response to your request to allow compact parking stalls (13' w/2' overhang) along the eastern boundary of the Pizza Hut site at Cherry Crossing, the Planning & Zoning Department will allow this request. I have revised the Certificate of Zoning Compliance site/landscape plan to reflect this change. Also, when I was reviewing the landscape plan submitted with the Certificate of Zoning Compliance, I noticed that there were two trees missing on the planter island located on the eastern boundary of the Pizza Hut site that were required with the Conditional Use Permit. Please add these two trees to your approved copy of the landscape plan. If you need anything further or have any questions, please don't hesitate to call. Sonya FROM THE DESK OF... Sonya -I&n Meridian Planning d Zoning 660 E. Watertomer Ln., Ste. 202 Meridian, Idaho 83642 Phone: (208)884-5533 Fax: (208)888-6854 E-mail Address: a//ens@meridianciiy.org 10/9/2003 OCT -02-2003 11:49 % �� t r ARCHITECTS 1010 $- ALLANTE PL. SUITE 100 POISE, IDAHO 83709 TELEPHONE 208 336 3370 FAX 206 336 8380 FAX MEMO To: Meridian P2 Atlm Anna Powell From: BRS Re: Pizza Hut Chen #02127.02 Anna: Datee 10/02/03 We have found a dimensional bust in the as -built conditions in the above project resulting in a shortage of some 4' in the East/West direction. Since the ACHD access points are fixed (our Site being sandwiched between), we are proposing "COMPACT DEPTH" stalls (13' w/ 2' overhang) along our Easterly boundary (see attached). The approved CZC plan delineated the overhang approach on the standard spaces so we trust this adjustment can be handled at a Staff Level ... should this not be the case, please let us know ASAP as we do not want to jeopardize the C of O. We look forward to your positive response and thank you for your assistance in this matter. CC. PH(Allan) Do==nna Page 1 P.01/03 r L 20/Z0'd 6b:TT €00z—Z0-1D0 Ada County Highway District Sherry R. Huber. President 010 Cnn! 0-7 k Q.. Susan S. Eastlake 1st Vice President Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 John S. Franden, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us June 25, 2003 TO: Pizza Hut of Idaho 504 Phillippi Street RE' J. Boise, Idaho 83706 P' JUN 2 7 1003 SUBJECT: MCZC03-037 (�i'Zericl�ar� Pizza Hut Restaurant tit 7 0f'Afe ridiae Northwest corner of Linder Road and Cherry Lane On June 13, 2001 the Ada County Highway District Commissioners acted on Cherry Crossing Subdivision (MPP01-010/MCUP01-016). The conditions and requirements also apply to MCZC03-037. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, lioce Newton Development Analyst Right-of-way & Development Services Planning Division Cc: Planning & Development/Project File Planning & Development Services: City of Meridian Construction Services Drainage/Utilities Hawkins Companies 8645 W. Franklin Road Boise, Idaho 83709 BRS Architects Billy Ray Strite 1010 S. Allante Place, Suite 100 Boise, Idaho 83709 W W O O O O O O O O N 0 0 cn O O rn �N a = :r -*L N LINDER RD 06 •0 1 q — N I I — j C7 I ss' -0 :T -W I I O 1 O i all �g� g € 3 --- cuuumn' w i �E RgQ� Es �Ft a � �g ' 1 ;.;;I' ' �� u!ppF�t¢� $ �` � � 7A g t�. $ " PM III!.- i yq0 E'er A 9g g � sl F I I --g- HIDER ROAD Z O ©©®0®©NOM 7 y £ a R 0 s ;s;5 DOM g �� s 9 ds ; gi$�� 1.1 -pa 14 s � s�� B�iAp EI aR 8 s ��3 t ; 4IN111 till R F_' j...i `:'P�fp F 9 a92 y Ee p C� �Raa2 all 410SAB;9p08 RVION 2R ld N1 � I �ap1�p4 ��$4 >'I � X 8 g t . a;:� e9�-ag 9 -HII F F & ? 3 N s' R spy g0.. o E 4 a gE 45M"' ag6 I. '8f q?� IggF »BFRFRFR p BrA q 9� 4 a l 114 � ��� RG � N n n 6 No ' ; j ` � e am enc SITE PLAN' Q i" ; woo s AUANla R SUMB ED 1 � � CO FAX Qlq >7Sd6D .moss • m tt (7FRtT WiE/!o uqE '= i j uEtF!Nt. !o ARCHITECTS 0 • ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report - - Preliminary Plat — Cherry Crossing n/w/c of Linder Road/Cherry Lane 20 -lot mixed subdivision MPPO 1-010/MCUPO 1-016 This application has been referred to ACHD by the City of Meridian for review and comment. The applicant is requesting preliminary plat and conditional use approval for a 20 -lot commercial/residential subdivision on 11.74 -acres. The site is located at the northwest corner of Cherry Lane and Linder Road. This development is estimated to generate 3,332 vehicle trips per day based on the submitted traffic study. Roads impacted by this development: Cherry Lane Linder Road ACHD Commission Date — June 13, 2001 - 6:30 p.m. Facts and Findings: A. General Information Owner — Albertson's Applicant — CSHQA C -N and R-4 - Existing zoning 11.74 - Acres 20- Proposed building lots 2 - Proposed common lots 262- Traffic Analysis Zone (TAZ) West Ada- Impact Fee Service Area Meridian- Impact Fee Assessment District Cherry Crossing.cmm Page 1 9 • Cherry Lane Principal arterial Traffic count on Cherry Lane east of Ten Mile Road was 10,725 on 10-4-00. Better than "C" -Existing Level of Service - - Better than "C" -Existing plus project build -out Level of Service 815 -feet of frontage 75 -81 -feet existing right-of-way No additional right-of-way required Cherry Lane is improved with 5 -traffic lanes, with curb, gutter and sidewalk. The Cherry Lane/Linder Road intersection is signalized. Linder Road Minor arterial with bike lane designation Traffic count on Linder Road south of Chateau Drive was 7,505 on 11-23-99. Better than "C" -Existing Level of Service Better than "C" -Existing plus. project build -out Level of Service 700 -feet of frontage 85 -feet existing right-of-way (40 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Linder Road is improved with 3 -traffic lanes, with curb, gutter and sidewalk abutting approximately 400 -feet of the site. The Cherry Lane/Linder Road intersection is signalized. B. The Commission previously reviewed an application on this site for a Smith's grocery store (1994). The store was never constructed. C. For the purposes of estimating daily trip generation and assessing impact fees for this project, the proposed use of this development has been classified as a drugstore with drive-thru, fuel center, office/retail and fast food restaurant. (per the ITE Manual) The impact fee rate from the fee tables for the drug store with drive-thru use is $3,797.00 per thousand square feet of gross building area, for the fuel center is $2,653.00 per pump, for the office/retail is $2,169.00 per thousand square feet of gross building area, and the fast food restaurant is $6,108.00 per thousand square feet of gross building area based on the impact fee ordinance in effect at this time. Note: This rate is provided for informational purposes only and shall not be construed as an impact fee rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at that time. D. The applicant hired Dobie Engineering to perform a traffic analysis of this site. The analysis has identified the following conclusions, and this information has been verified by District staff ■ The Savon project is a proposed mixed-use development containing 42,000 sq. ft. of retail, office, and fuel service uses. ■ The project will be developed in phases and full build -out is expected by the year 2003. Cherry Crossing.mun Page 3 ■ Under the current application the proposed project is expected to generate 3332 new daily vehicle trips. ■ Linder Road currently operates at a Level-of-Service(LOS) A, and is projected to operate at a LOS B after build -out. - ■ Cherry Lane currently operates at a LOS A, and is projected to operate at a LOS A after build- out. ■ The traffic study addresses the projects in the Five Year Work Program that is scheduled to widen Linder Road, from Franklin Ave. to Cherry Lane, to a 3 -lane urban section. This project will include a traffic signal at the intersection of Linder Road/Pine Street. This project is scheduled for pre -engineering in 2005. ■ Cherry Lane/Linder Road intersection is controlled by a traffic signal with left -turn bays on all four approaches. The northbound approach currently includes a right -turn lane. ■ The intersection of Cheng Lane/Linder Road currently operates at a LOS C and is expected to operate at a LOS D after build -out. ■ The proposed development includes two driveways onto both Cherry Lane and Linder Road. The two driveways onto Linder Road are estimated to operate at an overall LOS B at Build -out. The incoming left turns will experience a LOS A, while the outbound traffic making left-tums will experience a LOS C. The Driveways onto Cherry Lane will operate at an overall LOS D at build -out. Those wishing to make a left -turn onto Cherry Lane will operate at a LOS E, while those entering the site will experience a LOS B. The traffic study has identified the following recommendations: The traffic analysis recommends that the northern site access driveway will require center left - turn lanes to accommodate site traffic onto Linder Road. The south driveway onto Linder Road is proposed to be a right-in/right-out access. The taper length required for the northern driveway will need to be evaluated. E. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. F. The applicant should replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. G. The applicant should replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. H. The applicant is proposing to construct two driveways on Cherry Lane: The first driveway is proposed to be located on Cherry Lane approximately 220 -feet west of Linder Road. District policy states that streets and/or driveways accessing arterials should offset a signalized intersection a minimum of 220 -feet to be approved as a right-in/right-out driveway. The proposed driveway location meets district policy for a right-in/right-out driveway and should be approved with this application as a restricted access. Staff recommends that this driveway be Cherry Crossing.cmm Page 4 restricted to right-in/right-out with an on-site median, and appropriate signage. If a median were installed in Cherry Lane it would restrict an existing driveway (Maverick) on the south side of Cherry Lane. The second driveway is proposed to be located on Cherry Lane approximately 470 -feet west of Linder Road. District Policy states that streets and/or driveways on arterials should offset a signalized intersection a minimum of 440 -feet to be approved as a full access driveway. The proposed driveway location meets district policy for a full access driveway and should be approved with this application as full access. I. The applicant is proposing to construct one driveway and one street to access Linder Road: The driveway is proposed to be located on Linder Road approximately 285 -feet north of Cherry Lane. District policy states that streets and/or driveways on arterials should offset a signalized intersection a minimum of 220 -feet to be approved as a right-inhight-out driveway. The proposed driveway location meets district policy for a right-in/right-out driveway and should be approved with this application as a restricted access. Staff recommends that this driveway be restricted to right-in/right-out with an on-site median, and appropriate signage. If a median were installed in Linder Road it would restrict two existing driveways on the east side of Linder Road. One of the driveways serves a church and one serves a single-family dwelling. The street is proposed to be located 485 -feet north of Cherry Lane. District Policy states that streets and/or driveways on arterials should offset a signalized intersection a minimum of 440 - feet to be approved. The proposed street location meets district policy and should be approved with this application. J. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, the applicant should be required to pave the driveway its full width of 30 to 35 -feet in width and at least 30 -feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15 -foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. K. The applicant should provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. L. Based on the submitted traffic study, the applicant should be required to construct a center turn lane on Linder Road for the public street intersection. The lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. M. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for the approach direction. Coordinate the design of the deceleration lane with District staff. Cherry Crossing.mun Page 5 0 • N. The applicant should construct a 5 -foot wide concrete sidewalk on Linder Road abutting the site where there is currently no sidewalk. Coordinate the sidewalk location with District staff. O. Emerald Falls Drive is stubbed to the west property line of this site. The applicant is proposing to extend Emerald Falls Drive to Linder Road. Staff recommends approval of this extension. P. Emerald Falls Court is stubbed to the north property line of this site. The applicant is proposing to extend Emerald Falls Court into the site and end it in a cul-de-sac. Staff recommends approval of this extension. Q. Construct an ACRD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. R. The applicant is proposing to construct a portion of Emerald Falls Drive as a local/commercial street because a segment of it will serve as access to the commercial portion of the site. This street should be constructed to a 40 -feet section with curb, gutter, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way extending from Linder Road to the west approximately 150 -feet. The remainder of the roadway should taper into a standard local 36 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk. S. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. T. The turnarounds should be constructed to provide a minimum turning radius of 45 -feet. The applicant should also be required to provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians should be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. Dedicate 54 -feet of right- of-way plus the additional width of the median. i U. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. V. District policy requires that drive-thru facilities have 100 -feet of stacking distance from the drive-thru window to the public roadway system. The site plan that has been submitted appears to meet district policy. W. Any existing irrigation facilities should be relocated outside of the right-of-way. X. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. Y. In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff Cherry Crossing.cmm Page 6 will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160. Z. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. AA. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to the City of Meridian: 1. In order to reduce trips to and from this development it is recommended that tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Ms. Pat Nelson at 387-6160. 2. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) should be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this' development. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #193. Cherry Crossing.mun Page 7 • 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. - - 3. Replace unused curb cuts on Cherry Lane and Linder Road with standard curb, gutter and concrete sidewalk to match existing improvements. 4. Replace any damaged curb, gutter and/or sidewalk on Cherry Lane and Linder Road with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 5. Construct a right-in/right-out driveway on Cherry Lane located approximately 220 -feet west of Linder Road, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 6. Construct a full access driveway on Cherry Lane located approximately 470 -feet west of Linder Road, as proposed. 7. Construct a right-in/right-out driveway on Linder Road located approximately 285 -feet north of Cherry Lane, as proposed. Restrict the driveway to right-in/right-out operations with an on-site median, and appropriate signage. Submit a design of the island, and a signage plan, to District staff for review and approval. 8. The Emerald Falls Drive/Linder Road intersection located 485 -feet north of Cherry Lane is approved with this application. 9. Construct a center turn lane on Linder Road for the Linder Road/Emerald Falls Drive intersection. Construct the turn lane to provide a minimum of 100 -feet of storage with shadow tapers for the approach direction. Coordinate the design of the turn lane with District staff. 10. The driveway on Emerald Falls Drive located approximately 150 -feet. west of Linder Road is approved with this application. 11. Pave the driveways their full width of 30 to 35 -feet in width and at least 30 -feet into the site beyond the edge of pavement of Cherry Lane and Linder Road with 15 -foot curb radii. The width of the right-in/right-out driveways can be wider to accommodate the on-site median. 12. Provide a recorded cross access easement for the parcels within the subdivision to utilize for access to the public streets. Cherry Crossing.mun Page 8 0 • 13. The applicant is proposing to construct a deceleration lane on Cherry Lane for the eastern driveway approach. The lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for the approach direction. Coordinate the design of the _ deceleration lane with District staff. (This is not a requirement — applicant proposing; and may eliminate.) 14. Extend Emerald Falls Drive into the site at the west property line as proposed. 15. Extend Emerald Falls Court into the site at the north property line and end it in a cul-de-sac as proposed. 16. Construct an ACHD approved turnaround at the end of Emerald Falls Drive. Submit a design of the turnaround for review and approval by District staff. 17. Construct a portion of Emerald Falls Drive as a local/commercial street extending from Linder Road to the west approximately 150 -feet. The remainder of the roadway to the west shall taper into a standard local 36 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk. 18. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 19. Construct the turnarounds to provide a minimum turning radius of 45 -feet. Provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. Dedicate 54 -feet of right-of-way plus the additional width of the median. 20. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 21. Provide 100 -feet of stacking distance from any drive-thru windows to the public roadway system. 22. Any existing irrigation facilities shall be relocated outside of the right-of-way. 23. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road and Cherry Lane is prohibited. Access restrictions shall be noted on the final plat. Cherry Crossing.crtm Page 9 0 0 Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Cherry Crossing.mun Page 10 0 0 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. - - 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted hy. Commission Action: Planning and Development Staff June 13, 2001 Cherry Crossing.crim Page 11 �d z CL W F- LLI ............. I, UIIII��o rm, w e V ON 11 1 20/20'd I 1I 6V:TT R00z-F-0-100 BRS #02127 ITY OF MERIDIAN FE Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 �� �j� lk (208)884-5533 Phone / (208)888-6854 Fax CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION (Section 11-19-1, Zoning and Development Ordinance) PROJECT NAME: Pizza Hut APPLICANT: Pizza Hut of Idaho ADDRESS: 504 Phillippi, Boise, ID 83706 PHONE: 323-7767 FAX: 323-7851 OWNER(S) OF RECORD: Hawkins Companies E-MAIL: ADDRESS: 8645 W. Franklin Rd., Boise, ID 83709 PHONE: 947-4741 FAX: bhuffaker@hawkinscompanies.com ARCHITECT (IF APPLICANT): BRS Architects 376-8523 DIFFERENT E-MAIL: THAN ADDRESS: 1010 S. Allante Place, Suite 100, Boise, ID 83709 PHONE: 336-8370 FAX: 336-8380 E- MAIL- drew@br sarch; is . com ADDRESS, GENERAL LOCATION OF SITE: NWC Cherry Lane & Linder DESCRIPTION OF USE: Dine -in, carry -out and delivery pizza restaurant PRESENT ZONE CLASSIFICATION: CG °5eJro(.HUT' I, LRE4., EiH T , do hereby affirm that I will agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use that I/we have applied for, whether the use be residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is true and correct. l heti•. 1;24.%ti Na'Ift-, hz 61 (Applicant' ig ature) (Date) Rev. [,"24.,`03 LR:VM[s1►1l1ikN1 r W LL O O N T- O O m O O M O O O M zc- F,r l `1Z ��:z� When recorded; return to: Boise Surplus 2002 LLC Attn: General Counsel 8645 W. Franklin Road Boise, Idaho 83709 Mail Tax Statements to: Boise Surplus 2002 LLC Attn: General Counsel 8645 W. Franklin Road Boise, Idaho 83709 ADACUU111y RECORDER J. }'AVID ,O + yt1i 19 [Fly SPECIAL WARRANTY DEED pg,r0R0ED 'REUUt5 1 iii FEE / pb c� h.. __--DEFUTY. 5�✓ --- 102041834 FIRST AMERICAN Special Warranty Deed made this LO day of �, 2002, between Albertson's, and Boise S us 2002 LLC whose address is Attn: Inc., a Delaware corporation ("Grantor"), urp , General Counsel, 8645 W. Franklin Road, Boise, Idaho 83709 ("Grantee"), witnesseth: That Grantor, for and in consideration of the sum of Ten Dollars and No Cents ($10.00), and other good and valuable consideration, the receipt whereof is hereby acknowledged, does, by these presents, convey unto Grantee and its successors and assigns forever, all the following -described real estate situated in the County of Ada, State of Idaho: SEE SCHEDULE I ATTACHED HERETO AND INCORPORATED HEREIN. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the rents, issues and profits thereof; and all estate, right, title and interest in and to the property, as well in law as in equity, except as expressly provided otherwise herein. SUBJECT TO THE FOLLOWING USE RESTRICTIONS: For a period of twenty (20) years after the date of this deed, no part of the property conveyed hereby shall be used as a supermarket, which shall be defined as any store or department containing more than 5,000 square feet of ground floor area, including aisle space and storage, primarily devoted to the retail sale of food for off -premises consumption; or for the sale of fresh or frozen meat, fish, poultry or produce for off -premises consumption. The foregoing restrictions shall not apply to a major drug store. As used in the preceding sentence, a "major drug store" shall mean a national or regional drug store chain selling pharmaceutical products requiring the services of a registered or licensed pharmacist. By way of example only, Walgreens, Rite Aid and Sav On are considered major drug stores under the above definition. The restrictions contained herein shall run with the land and shall benefit the Grantor and its successors, assigns and affiliates and all property SPECIAL WARRANTY DEED - Pagel Abs #9811, Cherry Lane & Linder Rd, Meridian, ID M&M I:\125\664\docs\Linder Deed 03.wpd now or hereffier owned or occupied by Grantor or its affiliates within Ada County, Idaho including the property described on Schedule Il attached hereto and incorporated herein and shall be binding upon the Grantee and Grantee's successors, successors in title and assigns. As used in the preceding sentence, the term "affiliates" shall mean a branch, division, parent or subsidiary of Grantor, its successors or assigns, or any company in which Grantor, its successors or assigns, own, directly or indirectly, five percent (5%) or more of the voting stock or interest or which is a company that owns, directly or indirectly, five percent (5%) or more of the voting stock or interest of Grantor, its successors or -assigns. Failure of Grantor or Grantor's successors or assigns to insist upon strict performance of the restrictions contained herein shall not be deemed a waiver of any rights or remedies that Grantor, its successors or assigns may have and shall not be deemed a waiver of any subsequent breach. If any action, suit or proceeding is instituted in connection with these restrictions, the prevailing party in such action, suit or proceeding shall be entitled to recover reasonable attorney's fees, expert witness fees and costs. If in any judicial proceeding, a court shall hold that the duration or scope of the restrictions stated im-this,paragraph are unreasonable under circumstances then existing, the parties, and their respective successors, assigns and affiliates, agree that the maximum allowable duration or scope which the court determines to be reasonable under the circumstances shall be substituted for the duration or scope stated in this restriction. To have and to hold, all and singular the above-described premises together with the appurtenances unto Grantee and its heirs and assigns forever. Grantor makes no covenants or warranties with respect to title, -express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record or appearing on the land as of the date of this instrument. GRANTOR: ALBERTSON'S, INC., naaw.are corporation By: William H. Arnold mY1�li Its: Group Vice President, Real Estate Law SPECIAL WARRANTY DEED - Page 2 Abs #9811, Cherry Lane & Linder Rd, Meridian, ID M&M I:\125\664\docs\Linder Deed 03.wpd STATE OF IDAHO ) ) ss. County of Ada ) On this Ste' day of Q , 2002, before me, the undersigned, a Notary Public in and for said state, personally appeared William H. Arnold, known or identified to me to be the Vice President, Real Estate Law, of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. * NOTARY PUBLIC for Idaho • G - Residing at I. •• pUBl.t 1p ,• •.• My commissio expires: •'•..T� OF vo,"W SPECIAL WARRANTY DEED - Page 3 Abs #9811, Cherry Lane & Linder Rd, Meridian, ID M&M I:\125\664\docs\Linder Deed 03.wpd ANDERSON -DAVID & ASSOCIATES, INC. Cherry Crossing (Linder Property) Combined description" - A parcel of land-i"ying in a portion of the Southeast Quarter of Section 2, Township 3 North, Range �� esu tthe Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 1, 11, 12 and said Section 2; thence North 89°33'46" West a distance of 850.09 feet. along the southerly, boundary line of said Southeast Quarter of Section 2,. which is also the center line of West Cherry Lane; thence North' 0002614 East a distance of 50.00 feet to a point on the northerly right-of-way line of said West Cheng Lane as described to Ada County Highway District in Instrument No. 95020095, Official Records of Ada County and the easterly boundary of Valed Place Subdivision, as filed for record in the Office of the Ada County Recorder, Idaho in book 63 of Plats at Page 6307 and 6308, said point being the TRUE POINT OF BEGINNING; thence along said easterly boundary line the following courses and distances: North 00°26'14" East a distance of 337.29 feet; North 16007'36" East a distance of 68.17 feet; North 45106'20" East a distance of 23.01 feet; South 89°33'46" East a distance of 87.92 feet; North 00026'14" East a distance of 49.00 feet; South 89°33'46" East .a distance of 50.00 feet; thence leaving said easterly boundary line, North 00°26'14" East along the westerly boundary line of Lot 1, Block 4 of said Valeri Place Subdivision, a distance of 59.00 feet to a point of curve; thence 31.41 feet along the arc of a 20.00 foot radius curve to the right, (through a central angle of 89058'58", which chord bears North 45°26'14" East a distance of 28.28 feet)to a point of tangency; thence South 89°33'46" East 105.00 feet along the northerly boundary line of said Valeri Place Subdivision; thence along said easterly boundary line the following courses and distances: North 00026'14" East a distance of 50.00 feet; North 89033'46" West a distance of 32.35 feet; North 00026'14" East a distance of 110.00 feet to a point on the southerly boundary line of Greenfield Manor No. 6, a Subdivision, as filed for record in the Office of the Ada County Recorder, Boise, Idaho in Book 58 of Plats at Pages 5627 and 5628; thence South 89033'46" East a distance of 542.69 feet along said southerly boundary line of Greenfield Manor No. 6 and the southerly boundary of Greenfield Manor No. 7, a Subdivision, as filed for record in the Office of the Ada County Recorder, Boise, Jdaho in Book 59 of Plats at..Pages 5743 and 5744 to a point on the westerly right-of-way line of North Linder Road, said point being 40.00 feet distant from (when measured at right angles to) the center line of said North Linder Road; thence South 00016'07" West a distance of 715.25 feet along said westerly right-of-way line thence South 45021'11" West a distance of 17.00 feet to a point on the northerly right-of-way line of West Cherry Lane; thence along said northerly right-of-way line North 89033'46" West a distance of 197.48 feet; thence North 00 26 14 East a distance of 20.00 feet; thence North 89033'46" West a distance of 600.49 feet to the POINT OF BEGINNING. Said parcel of land contains 511,441 square feet or 11.74 acres more or less. P, L �• , -( 7314 SCHEDULE APL: Land Surveying SeMices • f PACIFIC 960 BmdwoyArenue Suite 317 80171. Idaho 53706 September 3, 1996 LEGAL DESCRIPTION poiL PARCEL 2 (FUME LOT 2 OF TEN MME SQUARE SLMDIVISION) A pare4 of land located in the northeast 1/4 of the Northeast U4 of Section 10, Township 3 North. Range 1 West of the Boise Meridian, Ada. Cowry, Idaho, more particularly described a1. Wows: Commencing at the•northeast corner of said Section 10, Township 3 North Range 1 Wctt marked by a bass cap monument, thence North 89 41 j8" West 530.00 feet, anon$ the North line of said Section 10; thence South 00016'22" West, 49.34 feet to a point on the southerly dot -Of- , way line: of that certain road named West Cherry Laneand on .the mos: easterly boundary fins of that certain deed retarded v Insaumert number 8351236 official records of Ada County, Idaho, said point being tha POINT OF BEGU4NINQ thence along said Southerly right-of-wzy fine the following three courses. Souch 88033'40" But, 2729 fee; South 89'0779" East 228.53 feet; South 44°35'42" East, 42.09 feet, said point being on the weirerly right-of-way fine of Ten Mile Road. thence along said westerly right -0f --way line South 00204'05" West'. 835.51 feet to a point on the emus line ofEiglnmile Lateral; thence along said canter line, North 42"00'12" West; 415.42 feat~ thence North 00000'0S" East, 77.99 feet; th=ce South 89°59'55" East, 8.00 feet; theme North 00°00'05" BUT, 165.67 feet; thence North 89°59'55" West, 45.00 few thence North _ 00000105" East 77.94 feet; thence -North 89°59'55" West; 171.55 fret to a point an the said easterly boundary linc; thence along said ewfrly line, North 00'1812" East, 242.50 feet to the POINT OF BEGD NIlVG. Said parcel contains 248,608 square feet or 5.71 aces more of leu. subject to:on the above-destzibed parer All gusting easements or road rights-of-way of record or 3ppesrin8 of land. Prepared by oe L L A1/p W&R Pacific '® 7314 OF N Gordon Anderson, P.L.S. 7314 SCHEDULE aE IDSOS Document 251 ARTICLES OF ORGANIZATION . LIMITED LIABILITY COMPANY (Instructions on back of application) `'' �1::= 0,9 1. The name of the limited liability company is: SoIsB suRPLDS 2002 LLC 2. The address of the initial registered office is: Boise, Idaho 83709 agent at that address is: 8645 West Franklin Road Gary R. Hawkins and the name of the initial registered 3. The mailing address for future correspondence: 8645 West Franklin R -ad Boise, Idaho 83109 4. Management of the limited Ilability company will be vested in: Manager(s) ® or Member(S)0 . 1please check the appropriate box) Page 1 of 1 5. If management Is to be vested in one or more manager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the members, list the name(s) and address(es) of at least one initial member. Name Address Gary R. Hawkins 8645 W Franklin Rd. Eloise, FTs 6. Signature of at least one person ponsible for forrning the limited liability company: Signature Typed Name— Name Rob G. Di.ckingon gig.. Serdetary of $Wte usa onky Capacity General Counfsel. Signature s ' 9 ]NO SFiCI�TARY OF STATE Typed Name i y CU 6142 CTs 669e77 6Us X43642 Capacity 111 169.A6 - 1W.M UM LLC 1 Z e http://www. accessidaho.orglpublic/sos/corp/search.html?SearchFormstep=printdoc& Searc... 6/11/2003 JUN -06-2003 10:10 BRS ARCHITECTS P.02i02 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF A.DA. .x:15 86,1S-- Cv. / �zZ~ 7Af R D . (name) (address) being first duly sworn upon TS� T(7 oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and T grant my permission to: PCU T� �u Pfl2l; 4zP.r,s� 3706 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees hannless fmm 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. Dated this day of 7114A) 157' '200 3 --v (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Expires; /� S -?�S 6,1e ,' Notary Public for Idaho Residing at _--1pi4fi'® My Commission 0049698400 — 14 UFF9� #p7 AR r pU g LiG O x-14 OF l9�'�► R c . 1::24/03 TOTAL P.02 JUN -6-2003 01:52P FROM:Sanitara AR C711TLCTS 1010 5. ALLANTH PL' . SU119196 941= IDAUQ 97 W i IG4rrltwz 200 336 0770 FA.II W iib &306 FAX MEMO Services, I 208-888-5052 TO:3368380 To: Sanitary Service Company A11m Bill Gregory Fromu Drew Ebright Re: rllzza Hut @ Cherry & Linder BRS #02127 Mr. Gregory, Date: 6/6/2003 I am preparing an application to the City of Meridian for a Certificate of Zoning Compliance for Pizza Hut As I am sure you know, approval of the trash enclosure design and access drives are required as part of the application. Attached you will find an enlarged site plan, an overall site plan, and vicinity map. I trust that ale design will meet your approval, however, should you have any questions or concerns please do not hesitate to call. Thank you. P: 1/3 SANITARY SERVICE COMPANY BY, .,.k- e- oAxI COMMENTS: -a2S U�AAC Z- +4- g -Z!n.P-F- � 6" ✓-9 &I -na 4T ► 14 00ouroru• Page 1 -�::19— e^r,F— 'T Os%- CGr..a 2st tJCAL— UJ/ 3s_-R20VAD a D — A c ex ss 1 s 60.0.0 JUN -6-2003 01:53P FROM:Sanitara Services, I 208-888-5052 TO:3366380 _TTTTTTi W 1� ri r i n i ' C i 1 ---�— ! 1111r LINDER ROAD 0 �>1 PD w, 3 p c7 s 7 ~� o V i£I�MN � R U, JUN -6-2003 FRI 09:48AIII ID:Sani"rd So&rvices, Inc P:2 n �3 U) F- m TOTAL P.03 PARC:.; JUN -6-2003 01:53P FROM:Sanitary Services, I 208-888-5052 � ..... I TO:3368360 o� JUI+I L., 2003 F"RI 09:48AM IO:Sanitary Services, Inc PAGE:2 P: 3/3 02127 IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 NOTE: submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZQ. Project Name: Specifications: Available Gallons per Minute: N/A per Meridian Water . Department Available Water Pressure: 60 lbs. Point of Connection (describe and/or submit a site plan): • Primary Connection: Pressurized irrigation • Secondary Connection: Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated: s.f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas. Overspray Sprinkler heads must be adjusted to reduce overspray onto impervious _surfaces such as sidewalks, driveways, and parking areas. Rcv. L/24,,`03 Additional Irrigation Notes: Irrigation Required All landscape areas regulated by the City Landscape Ordinance (12-13) sha11 be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source Use of non -potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than '/z acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: 1, Drew E b r i g h t , do hereby affirm that any irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this form. 6/6/03 Applicant's SigA& Date Rev. U24/0 CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST Proiect• f /hArQ� Review Date: (019103 Contact: Zone: (i-Gl Site Review/Conforming Elements —F Comments , Complete 1 (4) * Project must comply with all approved permits, plats or Development Areements associated with the lot or parcel. 1. Completed & signed application form 2. Warranty deed 3. Affidavit of Legal Interest (notarized) 4. Site Plan - scale not less than 1"=50' (4) copies + (4) 8 ''/z"xl 1" reductions -� 5. Vicinity Ma (scalable) 6. Landscape Plan - scale not less than 1"=50' (3) copies + (3) 8 '/z"x11" reductions 7. Irrigation Performance Specifications (3) copies in compliance w/ Landscape Ord. 8. Sanitary Service approval for trash enclosure & access drive 9. Calculations table listing # of parking stalls, building size, lot size, landscaping, open ace, setbacks, fencing, screening & coverage 10. Statement of proposed use of property 11. Zoning District (permitte( - A 1A PJ(N "SSirA _ AUP, variance, etc.)Check CUA° 12. Floodplain District A /� 1 13. Landscaping A Must be in compliance wi the Landscape Ordinance Acnosl 14. Off -Street Parkin a) # of Stalls dimensions, 1 eem 1P117 k vYr n i n -b b) Handicap Stalls (van acc e b aisles - 8', signage) c) Aisles (width - 25' new, location)v 15. Trash Areas a) Location b) 3 -Side Screening Underground Irri atio 17. Sidewalks/Paths 18. Lot Requirements a) Lot Area (note restrictions on use of undevelo ed rtion of lot) ✓ j b) Street Frontage -- c) Setbacks d) Coverage 19. Fencing N Pf 20. Fee of $60.00 v ACHD approval letter required for curb cuts, road widening, for all new projects. 1 Trees must not be planted in City water or sewer easements. 2 Pressurized irrigation can be waived by City Council only if no water rights exist to subject property or developer deeds land to Cityfor a well. City will permit one hook-up to municipal water for irrigation persite. am• -- --- --- -- --- --- -- --- --- -- --- --- -- --- --- Z--- U c CL v a Z Q a � X z H O LLI ~ W) CC O o LL LL p V Q a_ 0 Z _ O Y U Q U WCL J cC C� 2 U d O LL LU O D z • Z a LLIH ` ` U V.) a w Y V U U�. W p � \ z U � � Z C W d 'O • a a cc N N IL W ab H34N1l N Z W U 0 0 0 0 .. T, 02127 IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-5 NOTE: Submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZQ. Project Name: REZM ' / 1 kf: j/ Specifications: Available Gallons per Minute: N/A per Meridian Water Department Available Water Pressure: 60 lbs. Point of Connection (describe and/or submit a site plan): • Primary Connection: Pressurized irrigation • Secondary Connection: Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated: s.f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Coveraize The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Precipitation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones Sprinkler heads irrigating lawn or other high -water -demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced -water -demand areas. Overspray Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. Rev. Additional Irrigation Notes: Irrigation Required All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source Use of noirpotable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on nor -residential lots with more than 1/2 acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: I, Drew Ebr i gh t , do hereby affirm that any irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this form. h�&-& gw,/ 6/6/03 Applicant's SigAffe Date 6 R(w. 1:'24."03 N Z Q—a mss—a—ss = s—ss—a— s> --ss - -I—w w—w w It os�a—ss--, N - - I I I� - I- 7I I ! j 25 -T Ir - ZiG > p� I I j I 0 I O o op9A € MAMA v �yy5 r E2 t� #=sabq 5€-- Fm�"R" r LINDER ROAD q E p£ D ppC O Y 44ip'i,9� �Dq 9m�I0£ �5_ FpI6qS�'� Y FY 4 `gA'��btz �P "'a FIR d f 4g 9 '11I ��g$ HIP�gs�Pp�A� R F�9j�i�q^F& N€� 'ate g9?$L3 p59,• C Y R BBB x� ��^p5¢¢ gil-il'g 8 Al 9 4 � Z O ti s$$$G$� Q f, .—..•.�.. W......5 ? Iv � � � ppg�37� �°§YY� 'l 'A A � ��4���W � ��i4�pFi 9�£8g8 12n is c_. 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