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Conglomerate Building A CZC 06-049s 7 ~ , ~~ ~~Z ,, `'~ ~ , ~,.;Q ,~' CITY OF ff.~«~~~_R ~../VL ~YIG~1~"~2_ It IDAHO CERTIFICATE OF ZONING COMPLIANCE* Date: Anri117.2006 Project Name/Number: Conelomerate Building A - CZC-06-049 Owner: Afton Pacific (AP - Ea le Viewl LLC Site Address: Eaele Road (future Lot 1. Block 1 Conelomerate Short P1atL_ Proposed Use: 6,645 sauare-foot multi-tenant buildingwith adrive-through Comments: Conditions of Ap rn oval. Project is subject to all current City of Meridian ordinances and the Conglomerate Subdivision Short Plat (SHP-OS-001). The issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site. Landscanine: The Landscape Plan prepared by Pinnacle Engineers, Tnc., on February 2006, labeled Sheet L-1, is approved (stamped "Approved" on April 17, 2006 by the Meridian Planning Department) with the following changes (see redline changes on plan):1) UDC 11-3B-SC2 requires internal landscape planters to contain at least 50 square feet and be improved with at least 1 tree and other groundcover. The proposed landscape planter on the east side of the drive-through window shall comply with UDC 11-3B-SC2; widen the planter area to 5-feet between the curb and the walkway, and plant a tree. Except for the above-mentioned change, the approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Site Plan: The Site Plan prepared by BRS Architects on February 2006, labeled Sheet SD-1, is approved (stamped "Approved" on Apri117, 2006 by the Meridian Planning Department) with the following changes (see redline changes on plan): 1) UDC Table 11-3C-1 requires a 25-foot wide drive aisle adjacent to 90-degree parking stalls. The parking area on the east side of the drive-through window is substandard. Staff is concerned about traffic conflicts with drivers backing up into the drive-through lane. Therefore, staff recommends that the parking on the east side of the drive through lane be removed. However, the parking may remain if it is made to be 45-degree angle parking (15-foot long stalls), with a 13-foot wide drive aisle that is separated from a 12-foot wide drive-through lane by a 4-foot wide landscape planter. Further, a sign shall be placed in the landscape planter near the exit of the drive-through stating "Do not enter" or "One Way". Except for this change, the approved site plan is not to be altered without prior written approval of the Planning Department. Elevations: This project wmplies with the Design Review requirements of UDC 11-3A-19. The Elevations prepared by BRS Architects on March 28, 2006, labeled A3.1 is approved with no changes from the Planning Department. Imeation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existin Te rees: Any e~cisting trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks Department Arborist (Elroy Hufl; 888-3579) for approval of protection/relocationmeasures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11-3B-10-C.5. P_ arkin r: The proposed parking areas shall be paved and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces confomts to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in acwrdance per ADA and signed appropriately. Curbin : PerUDC 11-3B-SI, all landscape areas adjacentto driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbingmay be cutto allow for storm water nmoff. Sidewalks: All sidewalksshallbeconstructedinaceordancewithll-3A-17.Sidewallcs shallbeconslructedprior to occupancy, Drainaee: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in wmpliance with UDC 11-3B-11 and UDC I 1-3A-18. Fencin :Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Li tin :Lighting shall not cause glaze or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Sienaae: No signs are approved with this CZC. All business signs will require a separate sign permit in - compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance withUDC-11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The stmcture, site improvements and pazldng azeas must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of Occupancy may be obtainedby providing surety to the City in the form of a Letter of Credit or cash inthe amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on April 17, 2006, and Elevations, and aze not to be altered without prior written approval of the Planning Department. No significant field changes th site r land ape plans are permitted; prior written approval of all chaiges is required. C. Caleb Hood Current Planning Manager *Tlris letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central Dishic[ Health Department, affected u7igafion dishict(s), Meridian Sewer, Water, Building or Fire Deparixnents, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. :; `L ~~ .s< ~. A ~' C'17c%i/Ii~E77 '~~~ '` '" ~~ ; h ; ~t~ a _ z~ Cg`s q~{ `F u ~, t,,rl•~lld~ of Review all that Planning Department ADMINISTRATIVE REVIEW APPLICATION ^ Accessory Use ^ Alternative Compliance Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification Design Review ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other Information Applicant name: _; STAFF USE ONLY: File number(s): C~i_ -D(, ~ b Project name: u~ Date filed:2 ~ ~ ~l /~~ h Date complete: ' ~ 'G Assigned Planner: ChlB~ ~DO~ Related files: ~~ Applicant address: "!.O(0 ~. Cd\WL ~„_~$11MYNbCi Applicant's interest in property: Own ^ Rent ^ Optioned ^ Other Owner name: Owner address: Phone: Vti3 ~~Z~~ ~~1 Zip: ~~Qa~\ Phone: Agent name (e.g., azchitect, engineer Firm name: Address: representative): _/'~C ` ~ ~~ Zip: Phone: ~~p-8?J'l.b zip: _ 83"fOq Primary contact is: ^ Applican~te}•~^-Owner Agent ^ Other Contact name: ~`(~L,~ W `~~1~7~~'~ LL Phone: ~~ Q~a,~~,~ E-mail: ~~)rJ~ ACL~, ~S . CDVY- Fax: ~J~2 ~ $~ ~p Information Location/street address: T~Jh Assessor's parcel number(s): Township, range, Current ]and use: Total acreage: 2. (o S Current zoning district: G 660 E. Wa[ertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (206) 888-6854 • Website: www.meridiancirv.ore 1 Project/subdivisionnsme: l~N~~'(~ttSL-~I General description of proposed project/request: ~~ Proposed zoning district(s): ~_- ~{ `I•J.C G1I~/~M1~iL~ Acres of eac~t zone proposed: 'L (p3~rcrQ,,S_ `.' ~71, ~ T Type ofuse proposed (check all that apply): ^ Residential Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development Who will own & maintain the pressurized irrigation syst'e`m in this development? ~YO0l~ h3tfl~bC Which irrigation district does^this property li`e_wi~thin? t~1A ~- t'~~AtAW Primary imgation source: CQ~ W r~tQlr' Secondary: t~l~A Squaze footage of landscaped areas to be irrigated prpdmary or secoaaary po;at oreoaaectior, s c;ry water): 1, Oq.Z Residential )'roject 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. gazage): Minimum propery size (s.f): Gross density (DU/sere-tout tans): Percentage of open space provided: Percentage of useable open space: Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of opeq space provided in acres (i.e., landscaping, public, common, etc): Type of dwe~ling(s) proposed: ^Singie-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of bpilding lots: % ~ r Other lots: 1 Grossfloorareaproposed: ~~as roT Existing (ifapplicable):_ 1 N Hours of operation (days and hours): ~ $~ ` Building height: 3~' d •N10~1< Percentage of site/project devoted to the following: Tb~ ~aq ~ ~y~ Landscaping: ~U.~ Building: ~Sr?J Paving: ~JZ Total numbe( of employees: ~~l~ Maximum number of employees at any one time: T8b Number and ages of students/children (if applicable): N ~A Seating capacity: ~~ Total number of pazking spaces provided: ~1~ Number of compact spaces provided: ~__ Authorization Print applicant name: Applicant signature: ~~ LV~~ 660 E. Watertower Lane Phone: (208) 884-5533 Facsimile: 2 or more Bedrooms: Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Date: 2- lt' ~~ Suite 202 • Meridian, Idaho 83642 (208) 888-6854 • Websi[e: w~r'r~,~.mcridiancity.org 2 ~~~ ~~~~ ARCHITECTS BRS Architects,A1A. 1010 S. Allnnte Place, Suite 100 - - Boise, Idaho 83709 '. - Telephone 208 336-8370 Fax 208336-8380 - Dot@: 14 February 2006 www.6rsarchitecfs.com City Meridian Plan ng Department 660 atertower Lane, Suite 202. Meri an, Idaho :83642 Re: ettificate of Zoning Compliance for two shell buildings at Conglomerate Su• division T Whiom It May;Concern: S a Architects, ,on behalf of Afton-Pacific, LCC is requesting a Certificate of onirig Compliance for two shell buildings totaling 17,797 square feet on two of he;'three lofs of Conglomerate'Subdivision. he `site design allows for easy access through the site and.109 total parking paces: The: buildings have been oriented to place some of the parking. behind he [iuildings and to add interest from the street. The East building '~' wily have a 'dri've-thru lane° that wraps around to the South and exits along the East side, which is in excess of 300' from the existing drive-thru across Magic Vievu Drive. Trash enclosures have been. placed` throughout the development to allow for ease of use and pickup. Th'e} building will be: constructed with a stud framed exterior wall receiving a ' variety of finish materials. The base of the building will have brick veneer with stucco above,in two; differert colors and both painted steel and fabric awnings over.the windows and entrances. All mechanical equipment will be screened 6y the building parapet.,` trust that this will meet with'the City's approval and that a positive respohse to this ;:application will result, but should you have any questions please do not hesitate to call Sincerely, Andrew Davis BRS Architects ~~ ~ ~ r ~~~~ ARCHITECTS BRS Architects, A.I.A. 1010 S. Allante Pl¢ce, Suite 100 Boise, Idaho 83709 Telephone 208 336-8370 Fax 208 336-8380 w ww. brsarch itects. cam Date: 30 March 2006 City f Meridian Plan ing Department 660 atertower Lane, Suite 202 Meri' ian, Idaho 83642 Review application for Pad 'A' at Conglomerate Subdivision It May Concern: BRS Architects, on behalf of Afton-Pacific, LLC is requesting Design eview approval, in conjunction with a Certificate of Zoning Compliance, to onstruct amulti-tenant retail building on pad `A' at Conglomerate Subdivision on he corner of Eagle Road and Magic View Drive. The building has many modulations in both the roof line and facade. The entrances are highlighted by both fabric and steel awnings as well as by material change and building design. The roof design incorporates varying parapet heights, curved roof sections, multiple planes and cornices. Building finish patterns are changed by both material and color with brick and stucco with accented features in complimentary colors. All mechanical equipment will be placed on the roof and screened by the building parapet. Exterior building materials are primarily brick and stucco, providing a lasting look of high quality materials. This building is arranged to minimize the parking between the building and the street and to place 23 of the shared parking spaces behind the building. A continuous internal walkway from Eagle Road to the main building entrance is provided across the landscaped area which separates the building from the street. Where the walk crosses over driving surfaces it will be distinguished by textured concrete pavement. I believe that the building design meets the intent of the Design Guidelines and that an approval of this application will result, but should you have any questions please do not hesitate to call. Sincerely, Andrew Davis BRS Architects h ~~ ~~~~z~ (i'o.~„wv7'ed~o suw~c~ May 5, 2006 TO: Afton Pacific LLC 206 S Pahn Avenue Alhambra, CA 91801 ROYVDSDepartment Planning Review Division SUBJECT : rvi~;L,l,-Oti-049 Conglomerate Building A Eagle Road On January 24, 2006, the Ada County Highway District acted on Conglomerate Subdivision/MSHP- OS-001 and on February 1, 2006 the report was ammended. The conditions and requirements also apply to MCZC-06-049. • You will need to submit final plans to the ACHD Development Review Department prior to receiving final approval. • A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. If you have any questions, please feel free to contact the Planning Department at (208) 387-6170. Since(`r~'e~l~y~,'~'~' ~ /` ~1 Karen Anderson /~-`c~~/) Right-of--Way Specialist ROWDS Department cc: Project File, Construction Services Meridian City BRS Architects 1010 S Allante Place Boise, ID 83709 Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us L Recording Requested By and _ _ ___ _ - .__ ._. _ __ When Recorded Return to: ~- ~ADA COUNTY flECDflDER J, DAUIO NAVAflRO AMOUNT 8.00 3 Brian L. Ballard BOISE ID0.H01?J30106 04:38 PM Hawley Troxell Ennis & Hawley LLP flEBOADED nREO EST OFB III I'II'I~IlI'llll!yl~Isllll'lll'I~II P.O. Box 1617 Firel American Boise, ID 83701 /~i ~5 ~ 19o Sio SPACE AVOVETHIB LINE FOR RECORDER'S VSE ONLY SPECIAL WARRANTY DEED THIS INDENTURE is made this may of ~6aQ • 2005, between JACKSONS FOOD STORES, INC., a Nevada corporation, the "Grantor' and AP -Eagle View, LLC a Delaware limited liability company, the "Grantee" whose. mailing address is 206 South Palm Avenue, Alhambra, California 91801. WITNESSETH: For valuable consideration Grantor does hereby self, transfer and convey to Grantee the following described real property situate in the County of Ada, State of Idaho, to wit:- "Described on attached EXHIBIT A." Subject to the restriction that no part of the above-described property shall be used for the retail sales of gasoline, motor fuel and/or other non-packaged petroleum products; andlor the operation of a smoke shop, a car wash or a convenience store (which is herein defined as a self-contained area or building primarily devoted to the sale of any or all of the following items on a quick, self service or convenience basis: foods, beverages, grocery items, petroleum products, tobacco and/or car washes, as such convenience stores may be operated from time to time). Notwithstanding the foregoing, this restriction shall specifically not apply to the following uses: drug store and/or pharmacy, specialty grocery stores (such as, by way of example, Trader Joe's, Wild Oats or Whole Foods) and fast food restaurants of any kind. This restriction shall be a burden upon the above-described property, shall run with the land, and shall be for the benefit of Grantor, and Grantors successors, assigns and affiliates, and for the benefit of and appurtenant to each and every part of the properties within a three (3) mile radius of the above-described property now owned or leased or hereinafter owned or leased by Grantor, its successors, assigns and affiliates. For purposes of the preceding sentence, "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. If at any time Grantor, its successors, assigns and affiliates, no longer owns or leases, directly or indirectly, any propertyr within a three (3) mile radius of the above- described property, then this restriction shall thereupon be void and of no further force or effect. If in any judicial proceeding a court shall hold that the scope or area restrictions stated in this restriction is unreasonable under circumstances then existing, the parties, and their respective -1 - 08289.0049.648787.1 successors, assigns and affiliates, agree that the maximum allowable scope or area reasonable under the circumstances shall be substituted for the scope or area stated in this restriction. TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining (collectively the "Premises°). TO HAVE AND TO HOLD said Premises unto Grantee, its successors and assigns forever. Grantor hereby covenants with Grantee that the Premises are free from all encumbrances made by Grantor and that it will warrant and defend said Premises against the lawful claims of all persons claiming by, through or under Grantor; subject to reservations or restrictions in federal patents or state deeds or in laws providing for such patents or deeds, to ali easements or other matter of record or appearing from an accurate survey and examination of the Premises and to the rights of all persons in possession, if any. IN WITNESS WHEREOF, this Special Warranty Deed has been duly executed by Grantor as of the day and year herein first above written. JACKSONS FOOD STORES, INC., a Nevada corporation / ~~~ 1 ~ ~i By'~. ~.~ ~_. Name: - V ~ : ~t fr ~.~' { ~ Its: ~^ e ' ~ s :_ r h' c.ma ci ~"- STATE OF IDAHO ) ss. County of Ada ) On thi ay of ~~, 005, before~ne, the undersigned, a Notary Public in and for said Staonally appeared ~ FCC lA. Ll known or identified to me to be the ,~~_ ,~'t'd~.'C~E.. ~ - of JACKSONS FOOD STORES, INC., the corporation that executed the within 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 day and year in this certificate first above written., a t h~pa ~ Nota x: ~ i ? rT' = ~ in at ' ~ s •~ ~!~dyo f ~y~~ y co mission -2- affixed my official seal the os2ae.ooao.eaeis7.t (, ~ LEGAL DESCRIPTION: EXHIBIT A A PARCEL OF LAND BEING A PORTION OF LOT 11 OF "AMENDED MAGIC VIEW SUBDMSION" ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4445 AND 4446, AMENDED BY AN AFFIDAVIT RECORDED JUNE 13, 1984 AS INSTRUMENT NO. 8424311, RECORDS OF ADA COUNTY, IDAHO AND BEING SITUATED IN A PORTION OF THE EAST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, 80ISE MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE LOT LINE COMMON TO LOTS 11 AND 12 OF "AMENDED MAGIC VIEW SUBDMSION" AS SHOWN ON THE PLAT THEREOF, FROM WHICH A 5/B INCH IRON ROD MARKING THE INTERSECTION OF THE EAST RIGHT-0F-WAY LINE OF S. ALLEN ST. AND SAID LOT LINE BEARS 589°37'02"W A DISTANCE OF 209.49 FEET; THENCE ALONG A LINE 209.49 FEET DISTANT SAID EAST RIGHT-OFWAY OF 5. ALLEN ST., WHEN MEASURED PERPENDICULAR THERETO, N00°22'58"W A DISTANCE OF 306.35 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF MAGIC VIEW DR.; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MAGIC VIEW DR., 30.00 FEET DISTANT THE CENTERLINETHEREOF, WHEN MEASURED PERPENDICULAR THERETO, N69°37'02"E A DISTANCE OF 362.54 FEET TO A POINT; THENCE 544°44'07"E A DISTANCE OF 20.97 FEET TO A POINT ON THE WEST RIGHT-OFWAY LINE OF EAGLE ROAD AND A POINT OF CUSP; THENCE ALONG SAID WEST RIGHT-OF WAY LINE OF EAGLE ROAD, 70.00 FEET DISTANT THE CENTERLINE THEREOF, WHEN MEASURED PERPENDICULAR THERETO, AND THE ARC OF A 5799.58 FOOT RADIUS CURVE TO THE LEFT HAVING A LENGTH OF 159.55 FEET, A CENTRAL ANGLE OF 1°34'34" AND A LONG CHORD OF 159.54 FEET BEARING 500°03'2D"W TO A POINT FROM WHICH THE CENTER OF AN IDAHO TRANSPORTATION RIGHT-OF-WAY BRASS CAP MONUMENT BEARS N71°37'29"W A DISTANCE OF 0.39 FEET; THENCE 589°51'45"W A DISTANCE OF 5.00 FEET TO AN IDAHO TRANSPORTATION RIGHT-OFWAY BRASS CAP MONUMENT; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, 75.00 FEET DISTANT THE CENTERLINE OF SAID EAGLE ROAD, WHEN MEASURED PERPENDICULAR THERETO, SDO°44'10"E A DISTANCE OF 131.85 FEET TO A POINT ON SAID LOT LINE COMMON TO AFOREMENTIONED LOTS 11 AND 12; THENCE LEAVING SAID WEST RIGHT-OF-WAY OF EAGLE ROAD AND ALONG SAID LOT LINE 589°37'02"W A DISTANCE OF 371.79 FEET TO THE POINT OF BEGINNING. { E A G L E R O A D ~~_ ~m :~ ds ~Z m 3 D L1 r n N m n A w 3g "s"she+E ~F~@~~ °"r ` ' O O g s^ ``-3a a g 3b8 ~°g59~§~ SBS~ S88p o ~ ' ~~ ° In m ~ e t_i .;°s' 3 ~ $ ~F ~ ~~e ~~ ~`-s sa`q pp ~~~~~ ~~q ~ ~i9~~~' z D ~ .` ~ :... , Q Z ~ ~ ~=_n ~ n~m~ 'o ri4>., rie.n $ 3n._ .,,~ '~~'~o2[~~F,QW-~a g 44yN m4y "+e ~ ppRR eoT ~ ~"~~ ~ D O ~ ~ ' \ \ 1 ~~ D ~ k WWG gp ~ °"~~~ T ~'Y C e ° i I \f 1 1 y f ~5 F°m C F® ~ g s ca r v .: __ ~; ~- iii 1~ i~ ~ R og g z . `k~ ~ ~ °n ~~~~ o ~ AFTON-PACIFIC ~~~JJJJ ~ ~aF; ~ro~ .~, g ~ x V~ i-f ~nx izoe>a3aa3eo °°•-: ^EFg'x :s '.q saa- ns E o n ~. 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'c A~~ ra x ~ € I ~ vovas uuxle av. °ae'g-_ 1--5 ~~~~ ealSE loxxo sr'oc_ ^~ ' a" : & g AFTON-PACIFIC ~ ~ _""'°° ` ` I' (ma ]]6aYm %~ C.~~ ~ 'g ~ vu me)sssasm '„ra,.~"..O umwS wno ARGHIiECi6 m r rn C D m 0 m II orn =r rn D O z y~ n my Fn (n _~ °Ap ~ ccAi~ z°os ~ x ~ F o n oz ~ of 'z ~ aZ O_ -1 o m n n ~~ r AFFIDAVIT OF LEGAL INTEREST ~.LrcYtF.IL q- STATE OF I6 ) COUNTY OF r4$AL) Lrs nnvacf-s iet<1, L~-~ 20 ~ S ~wlrn tnamel ~ ~~~ °OY~ (address) being first duly sworn upon oath, depose and say: (city) (state) That I am the record owner ofthe property described on the attached, and I grant my permission to: 'l Dt~S fFr~ -{(-goo jhvLa2taW Vi9A1e5 17x~5E. Rli~anf~3 J~~ (name) (address) to submit the accompanying application pertaining to thatproperty. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees hamiless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership ofthe property which is the subject of the application. Dated this ~ day of ~ ~(`c._s. ~- 20 ~o (Sigt e) SUBSCRIBED AND S WORN to before me the day and year first above written. JULIE SMITH N Public for 1;daias-~, (i Qorc+ E 4. 'p Comm.! 1361 t27 ~ ~ Residing at ~oZ~7~~Spl~.Kr~~N~n/~+y^~ti. Dp7C,. ~ NRiARY PURLIG CALIFORNIA ~ S'}N /~I ~~"e/W/G/9', j//Op Lpe Anpehs Counly ay Comm. EFpiies June IS,iR06 " My Commission Expires: Co-IS-CXa (~ ~, 1.07 I eon of Cumnnnv The Icon of the Company shall commence on the later to occur of the date [hat the Certificate of Porrnation for the Company is filed with the Oftice ol'dte Dylatvarc Secretary of State ar the date upon which ibis Agreement is fully executed and delivered by all of the \•icmbers herein and shall continue until December 31.2050, unless dissolved sooner pursuant to Article Vll or unless extended by the Managing iMembcr and a Majority-in-hrterest of the Investor Nlembeis. 'I he existence of the Company as a separate legal entity shall continue until the cancellation of the Company's Cerlilicale of Formation. A1277CLE II ~4ANAGl•.MENT OF'ThI>; CO'1'IP,4~1Y 2.01 Powers of the Mmraaina Member Except as set I~irlh in Section 2.02 below or elsewhere in this Agreement, the Managing rvhembcr shall have the full and complete charge of all alTairs ol'the Company, and the matragemcnt and control of the Company's business shall rest exclusively with the Managing Member. All amvcymtces of title to Company property or any ineerest therein, all loan documents, promissory notes, deeds of trust. purchase and sale agreements, leases. agreements, contracts and anv and all other matters and documents aliecting or relating to the business and aiffairs of the Company may be executed on the Company's behalf by the Managing Member alone and without execution by any Investor Member (provided Ihat any consent of the Investor NAcmbers required pursuant to Section 2.02 below or elsewhere in this Agreement, if any, has been obtained). The Managing Member shall devote such time to the Company as the Managing Member determines, in such Member's sole and absolute discretion, is nccessnn for the efficient operation of the Company's business. l~bthing contained herein shall preveni the Managing Member or any of such Member's employees, agents, representatives or AfFliates from devoting time to other businesses, whether or not similar in nature to the business of the Company. 2.02 [1'Igjor Decisions Nolwithstandingtbe provisions of Section 2.01. the Lrvcstor Members shall have the right to vole on fire following matters and only the following matters (collectively, the "Dlajor llecisions") and the Managing Member may not cause the Company to undertake any Major Decision without the consent oFthe Invzslor Members in the ntannzr described below in this Section 2.02: (a) Sale Refinance or Other Transler of the Project. Lxcept as provided in Section 'S.(11, the sale, exchange, transfer or other disposition of all or any ponion ol'the Project, ur the refinancing ofthe Project; Ih) Consrruclioo Lozut'1'erm Sheet. If the Construction Lour provides for (i) an initial interest rate of greater titan eight percent (8%) (befi~re anv applicable adjosuncnts m dte some). f ii) a loan ro cost percentage of less than seventy-five pcxcent (75°/~), or (iii) a loan to cost percentage of greater than eighty pcrcatt (80%j. than the appruenl of any tcnn sheet for the Construction Loan; -r._vw uu~n~ p119-fK~I+I'_-2~-e-;,o-ia xr oISG-LLC npm~~+~~AUI -?- ~' /, (c) Development Plan. "fhe approval of the initial llevelopntent Plan, which shall include a Development [iudget, and any material amendntenls thereto; (d) Exnendilures Greater than $2,000. Thz approval of any expcnditm'c in excess nl'Twcnt}'-dive Thousand Dollars r$25,000) which is not provided in the Dcvclopment 13udeet. (e) Leases. "fhe approval of any leases I'ur leasing the Prgject. (t) Amendments to Aerccntcnt. Any amendment or ntttdifii alion of this Agreement (exclusive of any smeodmeni necessary to reflect the admission of a permitted transferee as a member of the Company in accordance with Article VI); (e) Fneneins in Other Business. 'fhe engagement by the Company in any business or activity outside the scope of the Cuntpany's business set forth in Section 1.03; (h) Extznsion of'I'erm. The extension of the term of the Compan}'; (i) Dissolution. Except as provided in Section 7.01, the dissolution or liquidation of the Company; and (j) Other Matters. Any other matter requiring the approval of one (1) or more of the Investor Members under the terms of this Agreement All ol'fhe foregoing Major Decisions shall require the afflnnative vote of the Managing Member and a Majority-in-Interest of the Investor Members, except for the matter referenced in Section 2.02(j), which shall require the affirmative vote of one (I) or more of the Lrvestor Members in the manner set forth in this Agreement. Whenever the Managing Member desires to lake any proposed action which requires the prior approval of one (I) or more of the Investor \'lembers in accordance with the provisions of this Section 2.02, the Managing Member shall give written notice to the Investor Members describing such action in sufficient detail sa as to enable each Investor Member to exercise an infi?rmed judgment with respect thereto. As soon as practicable thereafter, each Investor Member shall give the Managing Member written notice . that such Im~estor Member either approves or disapproves of the proposed transaction (which shall set forth such Investor Member's reasons thereof if such -tvestor Member elects to disapprove of such proposed transaction), In the event that any Jnvestor Member fails to respond (as provided herein) on or before the tenth (10`h) day following the effective date rtf such written notice, then such Investor Member shall be conclusively presunted to have approved such proposed transaction. 2.03 Restrictions and Limitations nn the Investor Members The ]m-estor Members shall havz no right, power or authorit}' to act tilt or bind the Compan}=. Except as otherwise provided in Section 2.02 above, the Investor Members shall take no part in the conduct or control of the Company's business. ht fllrtherance of the foregoing provisions of this Section 2.03. and except as otherwise provided in Scaiitn 2.02 above, each Im~estor Member hereby espressh' waives any and all rights such Invcsux Member may have 'n~4~~~ n POf PII"-iNllti'.- l{I?ncrn'wn ni5'q.li C.-+p~,~•nxin HOl -'t' ~" ~ I L60 'treason Regulation The lens "Treasury Regulation" means any proposed, temporary. and/or final Icdcral income ta>i regulation pronuilgated by the United States Deparuncnt of the Treasury as hcrctolbrc and hereafter amended from time to time {"andior any corresponding provisions of erne superseding revenue law and/or regulation). I LGI Unrecovered Conn•ibntion Account 1-he term "thrrecoxered Contribution Account" means with respect to each Imres(or \gmber, the amount of stoney contributed by such M1iem6er to the capital of the Company and credited to such account pursuant to Sections 3.01, and decreased by the amount of money distributed 6y the Company to such Nlcmber pursuant to Section 5.02(6) and the aggregate fair ntarkzt value (as determined in tha sole and absolute discretion of the Managing Member) of am= properq• distributed to such Member by the Company (net of liabilities secured 6y such distributed property that such M14ember is considered to assume or take suh_ject to wtder Code Seuion 752) pursuant to Section 5.02(6). 1N WITNESS V'Jl-IERGOF, the parties hereto have executed this Agreement effective as ol'thc day and year lust above written. "M1ianaging Member" AFTON PACI}7C, LLC, a Delaware limited liability company By: PacWcst Properties, LLC. a Delaware limited liability corc~pauy Its: M19ember Bv: t 1 "' ~~-~ Y ,lo{~ri A. Krappman Its: Sole Member By: Aflan Financial Group LLC, a Nevada limited liability c-otnpany Its: Mcmhcr ~~-~~~~ ay: G~ ~ _ " Steve oss Its: M1•tanaging Member -,.z•,~oocrrc pt ~c}Olq/12-'binrn rvlan RI<+(n11C Af.^..ncn~Rpl ';`t" ~ ~ AFFIDAVIT OF LEGAL INTEREST t~ lEcctJ.lL R STATE OF 3:B~I6 ) COUNTYOF,4BA) . trs nti.arl-S I,_ Fly'- c~51t V6e~~ L+-L 7-n~ S. 1~a.(vt2 A~-~ ~~,t,~y1 ~Y~ (name) (address) being first duly sworn upon oath, depose and say: (city) (state) 1. That 1 am the record owner of the property described on the attached, and I grant my permission to: pt2_5 Ar ~~~c-~~ ~(.tloo ~FntLa2~~l ~iFJtS t~roSE~~}jnig~~~~ (name) ~ (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the Cily of Meridian and it's employees hazmless 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. Dated this ~ day ofd , 20 ~ . (Sig e) SUBSCRIBED AND SWORN to before me the day and year first above written. N y Public for Ida)~Cs, fe Fa/ti, I G - JULIE SMITH Residing at ~e~75/~iUn/~~ ~X-• Comm.tl 1361127 ~.y~~~ p N ~ NUTARV PUBIIG CALIfOgNIA ~ ~N ~~~ G/sr• ~/~~U 4 A+r c mm Expns Nne IS, 7006 " My Commission Expires: Co-tlS-tNa A parcel of land being a portion of Lot 11 of "Amended Magic View Subdivision" according to the official plat thereof, filed in Book S2 of Plats at Pages 4445 and 4446, Amended by an Affidavit recorded June 13, 1984 as Instrument No. 8429311, records of Ada County, Idaho and being situated in a portion of the East 1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: BEGINNING at a point on the lot line common to lots ] 1 and 12 of "Amended Magic View Subdivision" as shown on the plat thereof, from which a S/8 inch iron rod marking the intersection of the East right-of--way line of S. Allen St. and said lot line bears S89°37'02"W a distance of 209.49 feet; thence along a line 209.49 feet distant said East right-of--way of S. Allen St., when measured perpendicular thereto, N00°22'58"W a distance of 306.35 feet to a point on the South right-of--way line of Magic View Dr.; thence along said South right-of--way line of Magic View Dr., 30.00 feet distant the centerline thereof, when measured perpendicular thereto, N89°37'02"E a distance of 362.54 feet to a point; thence S44°44'07"E a distance of 20.97 feet to a point on the West right-of--way ]ine of Eagle Road and a point of cusp; thence along said West right-of--way line of Eagle Road, 70.00 feet distant the centerline thereof, when measured perpendicular thereto, and the arc of a 5799.58 foot radius curve to the left having a length of 1S9.SS feet, a central angle of 1°34'34" and a long chord of 159.54 feet bearing S00°03'20"W to a point from which the center of an Idaho Transportation Right-of-Way brass cap monument bears N71°37'29"W a distance of 0.39 feet; thence S89°51'4S"W a distance of 5.00 feet to an Idaho Transportation Right-of--Way brass cap monument; thence along said West right-of--way line, 75.00 feet distant the centerline of said Eagle Road, when measured perpendicular thereto, S00°44'10"E a distance of 131.85 feet to a point on said lot line common to aforementioned lots I 1 and 12; thence leaving said West right-of--way of Eagle Road and along said lot line S89°37'02"W a distance of 371.79 feet to the POINT OF BEGINNING. Said parcel contains 114,S2S sq. ft. or 2.63 acres more or less and is subject to any and al] easements and/or rights-of--ways of record or implied. ~ti~oc~ os ~. C056259 Lots 1 tivu 3 L<gal.doc 02-14-'86 16:49 FROM-SSC 2888885852 T-539 P0a6/009 F-176 ~~ ~ ~, . 1010 S. g1d,AN1'EPLACE, 9Ur11? 100 H075E,rDAH087709 Tfl[.EP7{ONE 20B 336 N170 FAX 208 336 8380 F~CCOII~1"~ Date: February 14, 2006 From: Andrew Davis 'ro: Sanitary Service Company Attn: Plan reviewer # Pages 4 Incl. cover Re: Eagle and Magic View D For Your Us® X For Review F8X #: 888-5052 Job #: 05179 X Please Comment ~ As Requested • Comments: I am preparing to submit for a Certificate of Zoning Compliance with the City of Meridian and need your approval of my trash enclosure design. Thank you, and please call if you have any questions, _ SANITARY SERVICE COMPANY H0~? ~~~~~Q~ /~~ COMMENTS: - r7- PPEAPSTrlA7' r«r~ I.L.E,iQ SPAS ~usrna o-C 'rsl~ ~..L-r~$ ~,U.1~~>~ lu ~rA~. OPe.u -Pns/r/P,v /s •A~~P.n)!. y ~2oV~d~. ~d M ~rJrA1 JM e-~ r01 C~fi3.Q -WAA1, .gcgo~ ~2oV/.D E.. (o.drL ~oC1LS ow t+ll~. CaATBS 70 ,SEG[JQ.~ T+.18M aJNr~E. ~iJ -f+1E- o~fi~ .~o S r •ri o,cJ . Om~meN7 ARCHITECTS 02-19-'06 16:49 FROM-SSC l 2088885052 i T-539 P007/009 F-176 w NH LL R 3 w H U M a w 02-19-'06 16;49 FROM-SSC 2088885052 T-539 P008/009 F-176 ~~` _.._ ... ,...,~ r Nu 1h11 N. 3 GROUT B'-B' T.D. 6lOCK (i) ~'D gEBnR / OgOUf SOLID NB REDAR (VERY,) ~ m JY O.C. - OgOUY SOLID 4' DUw CONC, 0 L~IARD PE 72" TYPIC!1Lp~O1F (2) LP`OMA?M5 (oSNA b vEU.ow I ~~ REINNRCEO 64C~URB A7 P~FR MIETMTER ;~ ~2a~s N ;l ' I;i. ~, '~.~ (I) j5 REBAq - O I o v _ ~. ' -' d - A . ° ~° ~, •- B. .. ~o 6" B" 2'-0° N 0 T E: VEgFY LOCATION OF UNDLRCROUND UIILITIEg BYFORE DRILLING FOR CONCRETE FOUNDATIONS. TYPICAL TRASH ENCLOURE WAIL SECTION CONC. STAB 13x1JEL-p3~p5 W.W.F. iOUNDAi~ION~~~ 02-14-'06 16;50 FBOM-SSC 2088885052 T-539 P009/009 F-176 ~' D O~ ZI ~ On 2~ v~ ~~ r ~ ~~ ~m Z ~ l7 O r r~ D SLOPE 1/4" ~`? II ~-PER t'-0° I 0 ~ I Q 6 CONCRETE O ASPFIALT. 6'-0" I- 10'-0" I ~F ~~II fIT\ lF ~~„ ~`FY ~17G~1~1 ;, w~r~ r ~~ Planning Department DESIGN REVIEW ~ Application Checklist Pro'ectname: C 0 N G L O E' T/_ S U d onl ConcurrenfFile#: A licanlla ent: G C !- L G B 5 CI-l lT GT $ All applications are required to contain one copy of the following: l/ Provide a detailed statement of how the proposal meets the following Architectural Character: a. Facades: Facades visible from a public meet shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenTy percent (20%) of the lengdr of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or azcades shall total a minimum of 30% of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern vaziafions: At least two changes in one (or a combination) of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. Color and materials: Exterior building walls shall demonstrate the appearance ofhigh-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Parking Lots: No more than 70% of the of£ street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. Pedestrian walkways: a. A continuous intemal pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary stvctures. b. The intemal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet in width, shall be provided for any aisle length that is greater than 150 parking spaces or 200 feet away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within 20 feet of all customer entrances. A complete set of scaled building elevations, colors and textures %:"xl All requests far design review approval must meet the procedures set forth in UDC 17-5 and the criteria set forth in UDC 11-3A-79 or fhe document "Downtown Meridian Design Guidelines ", as applicable. THISAPPLICATIONSHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (` ~~C%11Gf1[~11 _s ~,,,~„ ~5 an Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Q Pro'ect name: 3 ~, iS\~..{ C (or D~Rl0..~ Fi]e #' Applicant/agent: All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff ~ Description ~ ( Com leted & si ned Administrative Review A lication Narrative fully describing the proposed use of the property, including the following: / - Information on any previous approvals or requirements for [he requested use (i.e., a licable conditions ofa royal or Develo men[ Agreement) / Recorded warrant deed for the sub'ect ro ert Affidavit of Legal Interest signed & notarized by the property owner (tfowners a corpomiion, submit a mpy ofthe Articles of Inca ration or other evidence to show that the person signin is an authorized a ent.) Scaled vicinit ma showin the location of the sub'ect ro ert Sani[ar Service Com an a royal for trash enclosure & access drive (stamped sue plan) A photometric test report for any light fixture(s) with a maximum output of 1,8001umens `~ or more see UDC 11-3A-11 . / Site Plan-4 copies (folded to 8'/:" x 11"size) V The followin items must be shown on the site tan: • Date, scale, north arrow, and ro~ec[ name (spate ^ot less than I"=s0') / • Names, addresses, and te]ephone numbers of [he developer and [he person and/or firm re arin the Ian / • Puking stalls and drive aisles / • Trash enclosures location • Detail of trash enClosul'e (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressnrizea irrigation can only be waived if you rove no water rights exist to sub~ect properly) • Sidewalks or athwa 5 (proposed and existing) / • LoCatlon of ro osed buildin on lot (include dimensions to properly lines) • FenCIDg (proposed and existing) • Calculations table including the following: D Number of parking stalls required & provided (specify handicap & compact staus) - / - Building size (sq. n.) v - Lot size (sq. R.) - Setbacks - Zonin district • Reduction of [he site ]an 8 '/~" x 11" Landscape plan - 3 copies (folded to 8 '/~" x 11"size) Plan must have a scale no smaller than I " = 50' (/" = 20' is preferred) and be on a standard drawing sliee[, no[ to exceed 3t5" x 48" (24"x 36"is preferred). A plan which canna[ be drawn in its entirety on a single sheet mns! be drawn with appropriate match lines on two or more sheets. / The followin items must be included on the landsca a tan: • Date, scale, north arrow, and ro'ec[ name • Names, addresses, and telephone numbers of [he developer and [he person and/or firm re arin the tan ~~ lJ` 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 684-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (~ • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lams, hi h roundwater areas, and rock outcro in s. • 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 [he tree will be retained or removed. • A statement of how existing healthy trees proposed to be retained will be rotected from damage during construction • Existing stmctures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, a.4~~«...... ~.. J ~ ..__._ • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one-foot contours. • Si [ Trian les as defined in 11-3A-5 of this ordinance. • Location and labels for all proposed plants, including trees, shmbs, and grollndCOVBLS (trees must not be planed in City water or sewer easements). SCale Shown for lant materials shall reflect a roximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin ,and installation as a ro riate . • Planting and installation details as necessary to ensure conformance with all • nest n drawin s of all fencin ro osed for screenin u oses • 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 ofright-of--way) - Width of parking lot perimeter landscape strip - Buffer width between different land uses (if applicable) - Number of parking stalls and percent of parking area with internal landscaping - Total number of trees and tree species mix - Mitigation for removal of existing trees, including number of caliper inches bein removed Reduction of the landscape plan (8 %:" x 71 "1 I ~/ I Fee (If this pro ect had rior a `~ 1 P AProval on a site nlan rednr•Pd f o.. .,,.,....__~..~ ACRD Acce tance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impactfees, ifany, shall be paid prior to the issuance ofa buildingpermit. Ifany changes must be made to [he site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & ZoningDeparhneinfor approvalprdar to the issuance ofa buildingpernrit. Your buildingpermit will not be issued until ACHD has approved yotm p/mrs mrd all associa[edfees have been paid THISAPPLICATIONSHALL NOT BE CONSIDERED COMPLETE UNTIL STAFFHASRECEIVED ALL REQUIRED INFORMATION. -