Carol Professional Center PP 00-007CITY CLERK FILE CHECKLIST
Project Name: Carol Professional Center
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
0 Transmittals to agencies and others:
File No. PP 00-007
Unknown
Hearing Date: April 11, 2000
March 24, 2000
Q Notice to newspaper with publish dates: 03/24/00 and 04/07/00
^ Certifieds to property owners:
0 Planning and Zoning Commission Recommendation: X^ Approve ^ Deny
Notes:
City Council Level:
0 Transmittals to agencies and others:
X^ Notice to newspaper with publish dates:
Certifieds to property owners:
^ City Council Action:
Hearing Date: May 16, 2000
N/A
04/28/00 and 05/12/00
~~~~"1 i "~'-~~yy ~,~y; : `
^ Approve ^ Deny
^ Findings /Conclusions /Order received from attorney on:
Findings /Conclusions /Order:
^ Approved by Council:
^ Copies Disbursed:
^ Findings Recorded
Development Agreement:
^ Sent for signatures:
^ Signed by all parties:
^ Approved by Council:
^ Recorded:
^ Copies Disbursed:
Ordinance No. Resolution No.
^ Approved by Council:
^ Recorded: Deadline: 10 days
^ Published in newspaper:
^ Copies Disbursed:
Notes:
Otiginal Res (Copy Cert: Minutelwok
Copy Res /Copy Cert: City Clerk
City Engineer
City Planner
City Attorney
sterling Codi&ers
Project Fde
Copy Res ! Original Cert:
Ada County (CPAs)
Applicant (non-CPAs)
Recorded Ordinances:
Original: Minutebook
Copies to: City Glerk
State Tax Comm.
Sterling Codifiers
City A$omey
City Engineer
City Planner
Project file
Applicant (if appl.)
Findings /Orders:
Original: Minutebook
Copies to: Applicant
Project file
City Engineer
City Planner
City Attorney
"Record Vacation Findings ~`
Recorded Development Agreements;
OriginaCFireproot File
Copies to:Applicant
Project file
City Engineer
City Planner
Citv Attomev
i"r
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will. hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho at the hour of 7:00 p.m. on April 11, 2000 for the purpose of reviewing
and considering the application of J-U-B Engineers, Inc. for annexation and zoning of
6.68 acres for proposed Carol Professional Center.
Furthermore, the applicant requests a conditional use permit to reduce the rear
setback and preliminary plat for LO zoning.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 16'h day of March, 2000.
WILLIAM G. BERG, JR., I CLERK
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PUBLISH March 24 & April 7, 2000. = _
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VICINITY- MAP
CAROL PROFESSIONAL CENTER
SCALE 1 "=300'
HUB OF TREASURE VALLEY
MAYOR LEGAL DEPARTMENT
Robert D. Conde A Good Place to Live ~ZOg) Zgg_2499 • Fax 288-2501
CITY OF MERIDIAN PUBLIC WORKS
CITY ~OUN~IL MEMBERS BUILDING DEPARTMENT
Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297
Keith Bird MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
Tamm deWeerd
Y
City Clerk Office Fax (208) 888-4218 DEPARTMENT
Cherie McCandless (208) 884-5533 • Fax 888-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24 2000
TRANSMITTAL DATE: March 15, 2000 -HEARING DATE: April 11 2000
FILE NUMBER: PP-00-007
REQUEST: PRELIMINARY PLAT FOR 6.68 ACRES LO ZONING FOR PROPOSED
CAROL PROFESSIONAL CENTER
BY: J-U-B ENGINEERS INC.
LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN
FAIRVIEW AND USTICK ROAD
SALLY NORTON, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
-RICHARD HATCHER, P/Z
-KEITH BORUP, P/Z
-ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
-KEITH BIRD, C/C
-TAMMY de WEERD, C/C
-WATER DEPARTMENT
-SEWER DEPARTMENT
SANITARY SERVICE
-BUILDING DEPARTMENT
-FIRE DEPARTMENT
POLICE DEPARTMENT
C ITY ATTORN EY
-CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS:
REQUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT AND/OR FINAL PLAT c.
PLANNING AND ZONING COMMISSION,~...~.- O°~
TIME TABLE FOR SUBMISSION:
A request for preliminary plat approval must be in the City Clerk's possession no later
than three days following the regular meeting of the Planning & Zoning Commission.
The Planning and Zoning Commission will heaz the request at the monthly meeting
following the month that the request was made.
After a proposal enters the process it may be acted upon at subsequent monthly meetings
provided the necessary procedures and documentation aze received before 5:00 P. M.,
Thursday following the Planning and Zoning Commission action.
GENERAL INFORMATION
1. Name of Annexation and Subdivision: Carol Professional Center
2. General Location: Eagle Raad, between Fairview and Usti ck
3. Owners of Record: Jan L. Barnes, Properties West, Inc.
Address: 1401 Sharel i ne`~Or; , Bai se , yip 83702 Telephone 345-7523
4. Applicant: J-U-B ENGINEERS Inc
Address: 250 S. Beachwood, #201 Bois~ip 83709 Telephone 376-7330
5. Engineer: Gary A. Lee, P.E./L.S. Fes: J-U-B ENGINEERS, Inc.
6. Name and address to receive City billings- Name: Jon L . B a r ne s
Address 1401 Shoreline, P.O. Box 2797 Boise Telephone 345-7523
83709
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres: 6.68
2. Number of building lots: 8
3. Number of other lots: 0
4. Gross density per acre: 1 bl dg/ .835 ac
5. Net density per acre: l b l d g/ .715 a c
6. Zoning Classification(s): L-0
7. If the proposed subdivision is outside the Meridian City Limits but within the
jurisdictional mile, what is the existing zoning classification? RT
8. Does the plat border a potential green belt? No
9. Have recreational easements been provided for? No
10. Are there proposed recreational amenities to the City? No Explain
This is a professional office park
11. Are there proposed dedications of common areas? Yes Explain Landscape
For future parks? No Explain
12. What school(s) service the azea? Meridian Do you propose any
agreements for future school sites? No Explain Site is adjacent to new
13. Are there any other proposed amenities to the City? Yes Explain School wal kwav access .
14. Type of Building (Residential, Commercial, Industrial or combination): Office
15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): N/A
16. Proposed Development features:
a. Minimum square footage of lot(s): 20 , 000 s a f t
b. Minimum square footage of structure(s): 6 , 00 s q f t
c. Are garages provided for? N/A Square footage:
d. Has landscaping been provided for? Yes Describe: perimeter & each site
e. Will trees be provided for? Yes Will trees be maintained?.
f. Are sprinkler systems provided for? Yes
g. Are there multiple units? N/A Type:
Remarks:
h. Are there special set back requirements? Yes Explain: 1~ Fnnt frnm
west property line
i. Has off street parking been provided for? Yes Explain: Park i nq i s
provided for each building.
j. Value range of property: $ 7_ - $ 8/ s q f t
k. Type of financing for development: Conventional
1. Were protective covenants submitted? Yes Date:
17. Does the proposal land lock other property? No Does it create Enclaves? No
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed to standazds as required by Ada
County Highway District and Meridian Ordinance. Dimensions will be determined by
the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat will include all appropriate easements.
6. Street names must not conflict with City grid system.
9-604 B PRE-APPLICATION MEETING
The developer shall meet with the Administrator prior to the submission of the
Preliminazy Development Plan. The purpose of this meeting is to discuss early and
informally the purpose and effects of this Ordinance and the criteria and standards
contained herein, and to familiazize the developer with the Comprehensive Plan, Zoning
Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed
2
per2ies west, i»c.
1401 Shoreline Dr. P.O. Box 2797 Boise, Idaho 83701 (208)345-7523
February 28, 2000
City of Meridian
Planning and Zoning Department
200 E. Carlton, Suite 201
Meridian, ID 83642
To Whom It May Concern:
I, Jon L. Barnes, the titled owner of property located at Eagle Road, Ada County, Idaho (see
attached legal description) request the annexation, rezone and conditional use permit of the above
reference property.
Dated this 28"' day of February, 2000.
Signed by
President, Properties West, Inc.
State of Idaho )
S.S.
County of Ada)
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'oo On this 28`'' day of February, 2000, before me
0o H. Ann Faltin, a notary public, personally appeared
,~ 4 Jon L. Barnes, personally known to me to be the person
whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
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Notary Public
My Commission Expires on_ l ~ - ~ ~ . ~
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ACTION BY CONSENT
OF THE BOARD OF DIRECTORS
OF PROPERTIES WEST, INC.
AND ACKNOWLEDGMENT AND ACCEPTANCE
The undersigned constituting all ofthe members ofthe Board of Directors ofProperties West, Inc.,
hereby unanimously consent to the adoption of the following resolutions effective October 20, 1999,
in lieu of a formal annual meeting, with the same effect as if adopted at a meeting of the directors
which was duly called, noticed and held at which a quorum was present and acting throughout:
NOW, THERE,FORfi, LET IT BE RESOLVED that the following individuals shall be elected as
officers ofProperties West, Inc., effective October 20, 1999 and that said individuals shall serve until
the next annual election, their resignation or until their successors are elected:
Jon L. Barnes -President
Marilyn M. Barnes - Secretary/Treasurer
Ann Faltin -Assistant Secretary
FURTHER, LET IT BE RESOLVED, that all previous actions taken upon behalf of the corporation
by its Officers since the last annual election occurred, effective March 21, 1995, are hereby ratified,
ed and a prov
n Barnes
M, Ba
ACKNOWLEDGMENT AND ACCEPTANCE:
The individual representing the holder of the common stock of the corporation hereby wncurs with
the Board of Directors of Properties West, Inc. ~in formally ratifying, confYrming and approving all
previous actions taken on behalf of the corporation by its officers since the last annual election
occurred effectiv~arch 21, 1998.
Jon
(Constituting the Sole Shareholder and Drrectors ofProperties West, Inc.)
PWI 1999.DOC
iti1nR, -01''00 (YYEDI 1? ~ 44 SPINI &,,,~UTLER TELL 1?08~81001 P, 00?
After Recording
Return to:
.foAnn C. Butler
Moffatt Thomas
P.O. Bax 829
Boise, ID 83701
FOR RECORDING INFORMATION
DECLARATION OF PROTECTIVE COVENANTS
FOR CAROL PROFESSIONAL CENTER SUBDIVISION
BOISE IDAHO
This Declaration of Protective Covenants for Carol Professional Center Subdivision (hereinafter
referred to as this "Declaration"} is made effective this day of , 2000, by Properties
West, Inc., an Idaho corporation ("Declarant"), as the owner of that certain real property located in Ada
County, which real property is legally described as lots 1 through 8 of Carol Professional Center
Subdivision, recorded in Book of Plats at Pages and of the official records of Ada County,
Idaho, which real property is hereinafter referred to sometimes as the "Property," or as "Carol Professional
Center Subdivision."
W[TNESSETH:
WHEREAS, Carol Professional Center Subdivision is being developed as an ofl:tce complex by
Declarant, and Declarant desires to provide for the preservation of the values and amenities thereof for
the benefit of the Property, to create certain easements appurtenant to all or a part of the Property, and to
provide for the use, maintenance, and repair thereof for any and all subsequent Owners {defined below),
a[I of which shall inure to the benefit of and pass with the Property, and shall apply to and bind successors
in interest and any subsequent Owners thereof.
NOW THEREFORE, Declarant hereby declares that any interest in the Property is and shah be
held, conveyed, and occupied subject to the covenants, conditions, easements, charges, liens,
assessments, restrictions, and reservations hereinafter set forth.
THE PROPERTY.
The Properly affected hereby and subject to this Declaration is commonly known as Lots 1
through 8 of the Carol Professional Center Subdivision, located within Meridian City, Ada County, State of
Idaho.
ll. DEFINITIONS.
The following words, when used in this Declaration or any supplemental or amended Declaration
(unless the context shall specifically provide otherwise), shall have the following meanings, interpretations
and effects:
A„ "Architectural Committee" shall mean the Architectural Committee created by Declarant
pursuant to Article Section V hereof.
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B. "Association" -Carol Professional Center Subdivision Owners' Association, 1nc., a
nonprofit corporation organized, or which may be organized, under the laws of the State
of Idaho, its successors and assigns.
C. "B_ylaws" -Bylaws of the Association.
D. "C~" -Meridian Clty, an Idaho municipal corporation, and its successors.
E. "Common Area" shall mean and shall include, without limitation, all such portions of the
Property that are designated on the Plat as common ingress/egress public utility
easement, and may include, without iirnitation, private streets or drives, landscaped
areas, trash enclosure(s), storm water drainage facilities, fencing, parking areas,
directional and informational signs in connection with private streets and drives and
parking areas, and commonly used business sign(s) located or to be located on Lot 1
andlor Lot _ of the Property.
F. "Easement Parcel" - The term "Easement Parcel" shall mean and include all portions of
Lots 1 through 8 being or to be created, designated, established or reserved on the Plat
as the " Easement" for landscaping, walking, and for storm water drainage.
G. "Improvements" -Any structure, facility or system, or other improvement or object,
whether permanent or temporary, which is erected, constructed or placed upon, under or
in any portion of the Property including, without limitation, buildings, fences, streets,
drives, driveways, sidewalks, curbs, landscaping, signs, street signs, lights, street lights,
mail boxes, electrical lines, pipes, pumps, ditches, sewer facilities, storm water drainage
facilities and fixtures of any kind whatsoever.
H. "Lot" -Any Lot or Lots within the Property upon which a building or buildings and
appurtenant structures may be erected including, without limitation, any Lot or Lots
appearing on the Ptat.
"Owners " -The persons} or other legal entity, including Declarant, holding fee simple
interest of record to a Lot which is a part of the Property, and sellers under executory
contracts of sale, but excluding those having such interest merely as security for the
performance of an obligation.
'Permittees" - The term "Permittees" shall mean and refer to all mortgagees, lessees,
occupants, and such other persons as from time to time shall possess or acquire an
interest in Lots 1 through 8 of the Property, or any portion thereof, and all customers,
employees, licensees, tenants and business invitees of such and their respective
successors and assigns.
K. "Plat" -That subdivision plat covering the Property as recorded at the office of the County
Recorder, Ada County, Idaho, as the same may be amended by duly recorded
amendments thereof, in Book of Plats at Pages and
111. PURPOSE.
The purpose of this Declaration is to seek to ensure the proper development and use of each Lot;
to protect the Owners, tenants or occupants, present or future, of all Lots against the improper
development and use of each Lot as will depreciate the value of each Owner's Lot; to prevent the erection
in Carol Professional Center Subdivision of Improvements of unsuitable design, or those built using
improper or unsuitable materials, or which otherwise violate the terms of this Declaration; to prevent
haphazard and inharmonious Improvements; to secure and maintain sufficient setbacks from streets and
adequate open spaces between structures; and, in general, to establish and maintain the values and
MAR, -O1'.00ItiVE0) 1? ~4S SPINK & BUTLER TELL 1?08 881001 P, 004
amenities of an attractive setting for business. This Declaration is further intended to complement
applicable governmental and municipal regulations, and where conflicts occur, the most restrictive
requirements shall be applied.
IV. IMPROVEMENT COVENANTS.
No Improvements shall be constructed by the Owners on a portion of the Property unless they
comply with the provisions of this Declaration.
A. Zonin .The zoning of Carol Professional Center Subdivision is , in
accordance with Meridian City Zoning Cade (hereinafter referred to as the "Zoning Code"). All
improvements shall conform to the Zoning Coda and any applicable approvals or codes of Meridian Ciiy.
Any application to change the zoning of any Lot including, without limitation, the parking standards,
requires the prior written approval of Declarant or, if Declarant owns fewer than two {2) Lots, the
Association. Notwithstanding anything herein to the contrary. Declarant reserves the right to change the
use and zoning of any Lot Declarant owns, subject only to approval by the City.
8. Construction.
1. All improvements shall be constructed with high qualify permanent materials and
shall be designed to be durable and easily maintained. All Improvements and other structures
within Carol Professional Center Subdivision shad have exterior walls constructed of attractive
materials which have been approved by the Architectural Committee. Subject to the Architectural
Committee's review and approval of color, design and application, all exterior materials shall be
face brick, stone, glass, exposed aggregate panels, textured concrete, steel, aluminum or wood.
Equivalent or better materials and any combination of the above materials may be used in well
conceived and creative applications as approved by the Architectural Committee. Accessory
structures and enclosures and any structures that are appurtenant to any building shall be
approved by the Architectural Committee, and shall be of similar or compatible materials, design
and construction. Plans and Specifications {defined below) shall include, without limitation:
Single stor~Professional office buildin95:
Exterior building materials shall be stucco, brick, or wood siding.
Glazing shall be clear or tinted glass. Highly reflective or "black" glass is not allowed.
Roof construction shall be pitched with a minimum slope of 4 in 72.
Roofing materials shall be composition or wood shingles or shakes.
Roof top mechanical equipment shall be located in roof wells and shall be totally screened from
view by the roof construction.
Two stony office/R&D buildings:
The predominate building material shall be concrete with a textured paint coating or exposed
aggregate finish.
Glazing shall be clear or tinted glass. Highly reflective or "black" glass is not allowed.
Exterior window wall system shall be aluminum or steel.
Roof constn.rction shall be"flat" with exterior parapet walls.
Roof top mechanical equipment shall be screened from view with opaque screening material that
is visually compatible with the materials of the building
2. Exterior mechanical and electrical equipment including, without limitation, air
conditioning and heating equipment, air handling equipment, transformers, transclosures, pump
houses, vents and fans, whether mounted on the roof or walls of any building or on the ground,
shall be placed or screened so that the predominant design lines of the building or structure
continue without visual distraction or interruption. Any such equipment shall be adequately
screened from adjacent streets and abutting Lots by approved fence, wall, door, landscaping or
1~'(~?R. -O1'•00(4VED) 12.46 SPINk & BUTLER TEL.1208~881001 P, 00~
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combination thereof. The height of any such screening shall be at least equal to the height of the
equipment to be screened.
3. Alt Plans and Specifications (defined below), shall provide for the underground
installation of all utilities and shalt provide for appropriate safety measures or other controls,
whether of a temporary or permanent nature, as maybe prudent under the circumstances, and as
set forth by local, state, or federal governmental agencies. Wherever feasible, utility connections
made above ground level shall be located within buildings. If utility connections are above ground
and not within a building, such as exposed utility boxes, where feasible they shall be screened
using landscaping or other suitable designs and materials.
C. Obiectionable uses. Any use which is deemed by the Architectural Committee and/or the
Declarant (or the Association, if applicable) to be incompatible or objectionable, including without limitation
any use which, in the Architectural Committee or Declarant's (or the Association's, if applicable) opinion,
might produce offensive or unusual odors, fumes, dust, smoke, noise or pol3ution, or which might produce
an unusual danger of fire, explosion or other casualty, shall not be permitted in Carol Professional Center
Subdivision. Alt business, production, servicing and processing shall take place within completely
enclosed structures unless expressly approved by the Architectural Committee.
D. Parking.
1. Each Lot shall contain all required parking facilities entirely within such Lot. Parking on
public and/or private street and driveway rights-of-way is expressly prohibited.
2. No storage or overnight parking of trucks shall be permitted except as expressly approved
by the Architectural Committee.
3. The number of the required parking spaces shall be subject to the Zoning Code and
building code and regulations of the City.
E. Landscaoino.
1. All open areas on each Lot not occupied by buildings, structures, outside storage areas,
parking areas, street right-of-way paved areas, driveways, walkways and off-street loading areas
shall be suitably graded and drained, all in accordance with the Zoning Code and regulations of
Meridian City, and shall be landscaped with lawns, trees. and shrubs. A landscape plan must be
submitted to the Architectural Committee in accordance with Section V for review and approval.
All completed landscaping may not be altered subsequently without the written approval of the
Architectural Committee.
2. Parking areas adjacent to a pubic street and/or the Common ingresslEgress ~ Public
Utility Easement as depicted on the Plat shall be screened from such street(s) and easement by
landscaped berms, hedges, and/or plantings as approved in writing by the Architectural
Committee.
3. Each Lot also shall be planted with the trees, bushes and other plantings as may be from
time to time required by the Architectural Committee. It is recommended that trees be grouped in
clusters and oriented to harmonize with adjacent landscaping either in place or proposed.
4. All landscaping on each Lot and on the landscaped portions and curbs of any abutting
street right-of-way shall be properly maintained by the Owner or tenant of the Lot upon which such
landscaping is located, which maintenance shall include removal of all trash and debris and ail
necessary cutting, watering, fertilizing, aerating, spraying, pruning and required replacements of
such landscaping.
NIr,R. -O1' ~00 DYED 112 ~ 46 SP f Nk & BUTLER TEL ~ 1208 881001 P. 006
5. All landscaping on each Lot shaft be completed within one hundred twenty (120) days
after occupancy of a Lot. The time for completion may be extended by the Architectural
Committee if there are delays caused by adverse weather conditions or by other causes beyond
reasonable control. if any Owner fails to undertake and complete its landscaping within the time
limit set forth above, the Architectural Committee may, at its option, after giving such Owner ten
(10) days' prior written notice, undertake and complete the landscaping of such Lot in accordance
with the approved landscaping plan therefor. If the Architectural Committee undertakes and
completes such landscaping because of the failure of the Owner to complete the same, the costs
of such landscaping shall be assessed against such Owner and if such assessment is not paid
within thirty (30) days after written notice of such assessment from Declarant, such assessment
and interest will constitute a lien against the Lot and may be enforced as set forth in Section IX
hereof.
F. Trash Enclosures; Fencing. Any trash in garbage, storage, pickup areas, receptacles or
dumpsters shall be located within an enclosed building or an area (open to the sky) enclosed by approved
fence, wall, door, landscaping or combination thereof. Enclosure height shaft be a minimum of six feet and
of sufficient height to screen from view the enclosure contents. Construction materials shall be compatible
with the materials of the building. Fencing shall be permitted only to secure trash enclosures or in
connection with design screening. All fencing must be approved in writing by the Architectural Committee,
and be constructed with materials compatible with those used in the building on the Lot on which the
fencing Is to be located. Gates shall be opaque (chain link fencing with slats is not allowed.)
G. Exterior lighting.
1. Each Lot shall have adequate exterior lighting for its intended use. Exterior lights shall be
shielded with non-reflective shields directing fight down onto the Lot and away from other Lots,
and away from property adjacent to Carol Professional Center Subdivision. An exterior lighting
plan must be submitted to the Architectural Committee in accordance with Section V for review
and approval. All wiring for exterior fighting shall be installed underground.
2. No temporary, traveling, flashing or intermittent lighting of any kind shall be permitted.
All exterior lighting shall be continuously operated each night from dusk until dawn.
H. Signs and graphics. All signs, visible from the exterior of any building, must be submitted
to the Architectural Committee in accordance with Section V for review and approval prior to its
installation, and shall be maintained in a safe and presentable condition at all times, including the
replacement of defective parts, painting, repainting, cleaning and any other necessary maintenance acts.
I. Government approvals. The compliance by an Owner with any or all of the provisions of
this Section IV herein, or of any other Section of this Declaration, shall not excuse the Owner from
complying with all of the Zoning Code, ordinances, statutes, rules, regulations and requirements of the
City, State of Idaho, United States, or any other governmental bodies having jurisdiction over the Property.
V. PLANS AND SPECIFICATIONS SUBMITTAL PROCEDURES.
A. Architectural Committee Established. There is hereby established the Architectural
Committee whose members shall be appointed by Declarant or Association. The Architectural
Committee, other than the initial members of the Architectural Committee. shall consist of three voting
members of the Association. The initial members shall serve a term of two years each with subsequent
terms of one year each. Members of the Architectural Committee shall serve at the pleasure of Declarant
until all Lots have been sold. The initial members of the Architectural Committee shall be: Jon Barnes.
Jerry Van Engen and Ann Faltin. The Architectural Committee shall have the authority to review the
Plans and Specifications (defined below) as provided further herein, and shall have the authority to adopt
and interpret any development standards contained herein or in design guidelines (provided for below)
adopted by the Architectural Committee, issue approvals and certificates of compliance with this
MAR,-O1'~OOIWED) 1?.4i SPfNK &~,.~U'fLER 'fEL~1208~81001 P. 00
Declaration, inspect any Improvements, and enforce the development standards contained herein or in
design guidelines adopted by the Architectural Committee. In addition, the Architectural Committee shall
have the authority to issue from time to time design guidelines for the purpose of implementing the
provisions of this Declaration, and to revise such design guidelines as the Architectural Committee deems
appropriate for purposes of implementing this Declaration and the purpose of the Architectural Committee.
B. Reauired procedures. Prior to application to obtain the various approvals as may be
required by the City from time to time, the Owner or its designated representatives must present their
proposed Plans and Specifications (defined below) to the Architectural Committee. Only after written
approval by the Architectural Committee, as provided for herein, may the Owner commence the approval
and permit process with the City.
"Perceived Quality" is the primary goal of Carol Professional Center Subdivision, Declarant, the
Association and the Architectural Committee. To achieve a high quality Image, both the overall building
appearance and the building details should convey a sense of solid, permanent construction. The
Architectural Committee or its designated representative will discourage facade treatments that are
associated with impermanent, hastily-built, or obviously inexpensive construction materials or techniques.
If inexpensive materials are used, the Architectural Committee, or its designated representative expects
that every effort will be made in both design and construction detailing to "ennoble" or "enrich" rather than
further cheapen the effect of the materials.
Lots In Carol Professional Center Subdivision are relatively wide. However, the finished
viewscape should not create the impression of oversized buildings pushing too close to the public right-of-
way or Easement Parcel. The interest here is to provide additional landscape rather than to fill the Lot
with a structure. Proportion is a somewhat subjective issue, but the designer should be aware that this is
an issue which will not be ignored by the Architectural Committee or its designated representative.
Another goal of Carol Professional Center Subdivision, Declarant and the Association is to achieve a high
level of consistency of design on all surfaces of the buildings and other Improvements in Carol
Professional Center Subdivision. Buildings that may attempt a statement of quality on their frontage but
abandon all pretense of design or quality on their sides and rear will not be approved.
C. Submission of documents. The Owner or its designated representatives shall submit
detailed information in writing regarding the proposed use of the Lot, copies of elf permits and any
accompanying correspondence, and other plans submitted for governmental approval, and a full set of
construction plans, drawings, and specifications showing or stating all aspects of the exterior of the
proposed Improvements, site layout, landscaping and engineering of the proposed Improvements,
including without limitation, the following, referred to herein as the "Plans and Specifications":
1. Location of all structures, easements, street rights-of-way, and setback fines.
2. Location of all walks, driveways and curb lines.
3. Layout and location of all parking areas, including location and dimensions of alt spaces,
circulation aisles, islands, and curbs.
4. All landscaping, including location, height, spread, type and number of trees and shrubs
and location and type of all ground cover and lawn material.
5. Location, height, intensity and fixture type of all exterior lighting.
6. Location, size and type of all pipes, lines, conduits and appurtenant equipment and
facilities for the transmission of sanitary sewage, storm water, water, electricity, gas, telephone,
steam and other utility services.
7: Location, size and type of all fencing.
M~R.-01',00iWEDl 1?~4i SPlNK & BUTLER TEL~1?08881001 P. 008
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8. Architectural floor plans showing building elevations (all faces of the proposed
Improvements}, and all other exterior details of each building.
Building exterior material and color information, including samples.
10. Permanent sign and information and directional sign designs (showing location, size, type
and material and color information}.
11. Site coverage data and calculations.
12. Parking data and calculations, including base data for projected needs.
13. Site drainage data and calculations as provided by licensed engineer.
14. Description of proposed use.
D. No use prior to approval. No Improvements, building, structure, or sign of any kind shalt
be commenced, installed, erected, placed, assembled, altered, moved onto or permitted to remain on any
Lot, nor shall any use be commenced of any Lot, unless and until the Plans and Specifications have been
submitted to, reviewed and approved in writing by the Architectural Committee in accordance with this
Section V. No Lot Owner shall apply to any public authority for any construction or building permits for
any project before written approval of the Plans and Specifications has been given by the Architectural
Committee.
E. Changes. No construction or use that is inconsistent with, in addition to or materially
different, as determined by the Architectural Committee, from any previously approved Plans and
Specifications shall be commenced or permitted until fnal construction drawings and specifications
reflecting such change or addition has been approved in accordance with this Section V.
F. Approval and disaooroval.
1 _ Standards. The Architectural Committee shall have the right to disapprove any Plans and
5pecifica#ions because such fail to comply with any requirement of this Declaration or the design
guidelines or because they fail to include any information which is required by this Declaration or
which reasonably may otherwise have been requested by the Architectural Committee. The
approval or disapproval of the Architectural Committee pursuant to the general provisions of this
Declaration and/or design guidelines shall not be deemed to be limited by reason of any specific
illustrations or requirements set forth herein. Approval shall be based, among other things on the
development standards contained herein and/or the design guidelines, the adequacy of Lot
dimensions, conformity and harmony of external design with neighboring structures, effect of
location and use of improvements on neighboring Lots, operations, and uses; finished ground
elevation and landscaping being compatible with that of neighboring portions of the Property;
proper facing of main elevation with respect to nearby streets; and conformity to the plans and
specifications to the purposes and general plan and intent of these Covenants. The Architectural
Committee shall not arbitrarily or unreasonably withhold its approval.
2. Time far aptroval. The Architectural Committee shat( approve, disapprove or request any
additions or supplemental information relating to any Plans and Specifications within thirty (30)
days after all Plans and Specifications (in the form and substance acceptable to the Architectural
Committee and in accordance with this Declaration or the design guidelines) are submitted,
unless during such thirty {30) day period, the Architectural Committee determines that, as a result
of the nature of the submittal or the issues raised thereby, an additional period of time is
necessary, in which case the Architectural Committee shall notify the Owner that an additional
thirty {30) day period is required.
~1;~R. -Oj'~00(WED) 1248 SPINK &,~UTLER 'fEL~I?08 881001 p, p09
G. Oeclarant's discretion: waiver. The Architectural Committee may, in its sole discretion,
waive any of the provisions of Section V as it may pertain to a particular Owner or Lot. The Architectural
Committee, Declarant and/or the Association, and their respective successors or assigns, shall not be
liable in damages to anyone submitting Plans and Specifications to them for approval, or to any Owner or
occupant of the Property, by reason of a mistake in judgement, negligence or nonfeasance arising out of
or in connection with the approval or disapproval or failure to approve or carry out the intent of, this
Declaration. Every person who submits Plans and Specifications to the Architectural Committee for
approval agrees, by submission of such Plans and Specifications, and every Owner or occupant of any
portion of the Property or any Lot agrees, by acquiring title thereto or an interest therein, that such person
will not bring any action or suit against the Architectural Committee, Declarant and/or the Association to
recover such damages, and each Owner or occupant of any portion of the Property hereby waives any
claim or right for damages or liabilities from the Architectural Commlttee and/or Declarant and/or the
Association which may result from such determination or waiver.
Vl. STORM DRAINAGE, SANITARY SEWER AND UTILITY EASEMENTS
A. Reservation of easements. The utility easements shown on the Plat, together with the
right of access thereto, are hereby declared, granted and reserved for the common non-exclusive use and
benefit of all Owners and occupants of the Property and all persons now or hereafter acquiring any
interest therein, for the construction, installation, use, maintenance, repair and replacement of, without
limitation, such water and gas mains, sanitary sewer and storm sewer lines, laterals, feeders and basins,
electrical conduits and transformers, communications facilities, and the accessory facilities relating to all of
the foregoing, as shall be necessary or required by law to serve the Property, provided, however, that all
such facilities and conduits shall be located underground, and shall not materially interfere with or disturb
the use of the surface of the land under which such facilities are located, installed or constructed. Such
utility easements shall be appurtenant to and run with the land, in perpetuity, and shall inure to the benefit
of and be binding upon Decarant and all Owners, their grantees and successive grantees, and the heirs,
personal representatives, successors and assigns of all of them.
B. Connections to utility lines. The Owner of any Lot shall have the right at any time and
from time to time to make and install water taps, sewer connections, stubs, (aterals, feeders and other
conduits connected to and extending from the water mains, sanitary sewer lines and storm sewer lines
and other utilities installed and maintained within such utility easements, provided that the location or
relocation of such connecting facilities and conduits shall be subject to the prior written approval {which
shall not be unreasonably withheld or delayed) of Declarant or the Association, if applicable, and of any
other Owner under or on whose Lot such connecting facilities and conduits are to be located, and
provided further that such connecting facilities and conduits comply with all laws, ordinances, rules and
regulations of governmental authorities and/or public utilities having jurisdiction or authority in respect
thereto, and provided further that any such connecting facilities and conduits and the use of the same and
the use of such utility easements shall be so arranged, constructed, used and maintained as to avoid any
material interference with the use and enjoyment of the land under or on which such facilities and conduits
shall be located, and provided further that any Owner installing such connecting facilities and conduits
shall promptly repair any and all damage to the Lots caused by such installation_ Any Owner installing
such connecting facilities and conduits shall maintain the same at its sole cost and expense.
C. Maintenance of easements. The costs of maintenance attributable to the utility
easements located outside of the Common Area shall be paid by the Owners of the lots under or on
which such utility easements are located, provided that any maintenance, repair or restoration required as
a result of damage caused by extra-ordinary use or misuse shall be paid for by the Owner{s} responsible
therefor.
VII_ OWNER'S MAINTENANCE OBLIGATIONS: PRESSURIZED IRRIGATION.
A. Owner's maintenance. Each Owner shall at all times maintain, repair, replace and renew
or cause to be maintained, repaired, replaced or renewed all Improvements on its Lot, so as to keep same
in a clean, sightly, safe and first class condition consistent with its original intended appearance
i~1~R, -O1'~00(WED) 1?~49 SPINK & BUTLER TEL:I?083881Q01 P, O10
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(hereinafter referred to as the "Owner's Maintenance"). Owner's Maintenance shall include, but shall not
be limited to: the maintenance of all visible exterior surfaces of elf buildings and other Improvements; the
prompt removal of all paper, debris and refuse from all areas of its Lot and all snow and ice from paved
areas; the operation, maintenance, repair and replacement of the Irrigation System (defcned below} on
such Owner's Lot, and all storm water facilities located on such Owner's Lot; the repair, replacement,
cleaning and revamping of all signs and lighting fixtures; and the mowing, watering, fertilizing, weeding,
replanting and replacing of elf landscaping. All construction of Improvements shall be promptly
commenced and diligently pursued. The Owner of any Lot under construction shall, at all times, keep
public and private streets used by such Owner or its contractors, agents or employees in connection with
such construction, and the Lot, free from any dirt, mud, garbage, trash or other debris which might be
occasioned by such construction.
B. Dama_ a to improvements. If any Improvements are damaged or destroyed, the Owner
shall promptly (but in no event more than twelve (12) months after the date of the casualty} restore such
Improvements to the condition existing prior to such damage or destruction or, in the alternative, raze and
remove such Improvements and landscape the Lot pursuant to a landscaping plan approved as provided
in Section V hereof.
C. Landscape vacant lot. 1f the Owner does not commence construction of the
Improvements upon such Owner's Lot within twelve (12) months of the date of the recording of a Deed to
an Owner, the Owner shall landscape the Lot with no less than an appropriate ground cover, such as field
grass or sad, and thereafter maintain such ground cover in a clean, neat and safe condition, keeping it
mowed at a height not to exceed four (4) inches until the commencement of construction of the
Improvements. The aforesaid twelve (12) month period may be extended with the written approval of
Declarant.
D. Right to perform Owner's maintenance. If an Owner shall fail to perform Owner's
Maintenance as aforesaid, including the landscaping work in accordance with the provisions hereof,
Declarant or Association may give written notice to such Owner specifying the manner in which such
Owner has failed to so perform. If such failure has not been corrected within ten (10} days after such
notice, or if such work, if it cannot be completed within such ten (10) day period, has not been commenced
within such period and thereafter diligently completed, Declarant or Association shall enter upon the Lot
and perform such work. Declarant or Association by reason of its performing such work shall not be liable
or responsible to the Owner for any loss or damage thereby sustained by the Owner or anyone claiming
by or under the Owner. The Owner shall be liable for the cost of such work and shall promptly reimburse
Declarant or Association for such cost as provided herein. If the Owner shall fail to reimburse Declarant or
Association within thirty (30) days after receipt of a statement for such work from Declarant or Association,
then such indebtedness shall be a debt of the Owner, and shall constitute a lien against that Lot on which
such work was performed. Such lien shall have the same attributes as a lien for assessments as set forth
in Section lX hereof, and Declarant or Association shall have identical powers and rights in all respects,
including without limitation, the right of foreclosure.
E. Maintenance easement. Declarant or Association hereby reserves, for itself and for its
designees or employees, the free and unrestricted right, license and privilege to have free and
unrestricted access upon and across Caro! Professional Center Subdivision and each Lot, and, upon
reasonable notice, any Improvements thereon, for the purpose of performing any work Declarant or
Association shall have the right to perform pursuant to the provisions of this Declaration including, without
limitation, the performance of Owner's Maintenance which an Owner fails to perform. Each Owner,
tenant, subtenant or mortgagee, of any Lot, by accepting title thereto or an estate therein, shall be deemed
to have consented to the foregoing reservations and to have granted the foregoing rights. Declarant or
Association shall use all reasonable efforts to avoid interfering with the normal business operations of
anyone occupying such Lots.
E. Pressurized Irrigation. Each lot shall have access to a pressured irrigation water system
("Irrigation System") to be constructed by individual Lot Owners, which Owners shall be responsible for
installation and maintenance of the individual irrigation system on their Lot. Use of the Irrigation System
ti4nR, -Ol'~OO IWEDI 12 ~ 49 SP I NK SI,,,,~UTLER TEL ~ 1208,881001 P, 011
shall be subject to such rules and regulations of the Association governing use of the Irrigation System as
may be adopted by the Association from time to time. The amount of water the Association receives will
be determined by the Idaho Department of Water Resources and administered by [name of
irrigation entity] Payments for water use will be made by the Association. Irrigation water will be pro
rated per Lot, regardless of lawn size.
Water from the Irrigation System is not drinkable; each Lot Owner shalt be responsible to ensure that
irrigation water within the boundaries of such Owner's Lot is not consumed by any person or used for
culinary purposes. The non-potable Irrigation System contains inherent danger5_ Use of the Irrigation
System shall be subject to such rules, regulations, laws and ordinances as may be adopted and amended
from time to time, of the local jurisdiction, State of Idaho, and federal government, if any, and the
Association, governing the use of the Irrigation System including, without limitation, all requirements of the
"Idaho Rules for Public Drinking Water Systems." Each Owner shall clearly mark every non-potable water
tap on such Owner's Lot with a warning label or sticker, and shall maintain such label or sticker. No
Owner, nor any other person claiming right under any Owner, shall cause or allow to be caused, any
connection between the any potable, water system and the Irrigation System. Cross-connections of any
type or kind whatsoever between the non-potable Irrigation System and potable water lines are strictly
prohibited. Potable water shat! not be used for irrigation purposes.
VIII. ADMINISTRATION.
A. Declarant's agent. Declarant may appoint an agent to act in its stead for any or all
purposes provided for herein including, without limitation, the granting of all approvals and consents of
Declarant as required herein, the assessing, billing and collection of all fees, charges and assessments
including the imposition of liens, and the acceptance of service and notices provided for herein.
Declarant's appointment of such agent or any change, modification, limitation or termination thereof shall
be made by a written notice to al! the Owners, sent by United States mail, by certified mail, return receipt
requested.
B. Appointment of successor to Declarant. If Declarant transfers or leases all or
substantially all of its then interest in and to the Property in a single transaction (which transfer shall be
deemed to include a transfer resulting from foreclosure or deed in lieu of foreclosure), all of Declarant's
rights under this Declaration may be assigned to and assumed by such transferee or lessee. Declarant
may, at any time, transfer all of Its rlghts, duties and obligations under this Declaration to the Association.
Such transfer shall be effective and binding upon the Association as of the day it is notified of such
transfer. In the event Declarant or its duly designated successors and assigns shall no longer possess a
fee simple interest in the Property, the rights and obligations of Declarant shall devolve to the Association.
C. Association authori
1. Initial control. The Association's rights, duties and obligations under this Declaration shall
be administered by Declarant so long as two (2) or more of Lots are owned by Declarant. At such
time as Declarant no longer owns two (2) or more Lots, or sooner if Declarant so elects, Declarant
shall cause to be established in accordance with the provisions hereof, the Association with a
three {3) member Board of Directors. At the time of the establishment of the Association, the
Association shall take over the control of and assume all the duties and the obligations of
Declarant, as provided for herein.
2. Establishment. At such time as the Association is established, Declarant shall designate
the initial three (3) members of the Board of Directors. The initial Directors shall serve for a one
(1) year period. At the end of the term of each of the initial Directors, the Directors shall be
elected by a majority vote of the Owners, and each Director shall thereafter serve for a one (1)
year term.
3. Obligations and powers. Declarant and/or the Association shall: (i) provide for the
enforcement of this Declaration; (ii} establish policies and procedures for the review and approval
ti+l,~R.-O1'~00(VVED) 12:0 SPINIt & BUTLER TEL~1208 881001 P. O1?
of Plans and Specifications as required by this Declaration; (iii} have the right to provide for any
Improvements or for the maintenance of any Improvements which it reasonably deems necessary
or desirable in accordance with this Declaration; (iv) have the right to make whatever
arrangements which it reasonably deems necessary or desirable for the security of the parties
and businesses in Carol Professional Center Subdivision; (v) have the power to do any and ail
lawful things which may be authorized, required or permitted to be done by the Association under
Idaho law and under this Declaration, and the Articles and Bylaws; (vi) have the power to do and
perform any and all acts which may be necessary to, proper for, or incidental to the proper
management and operation of the Common Area and the Association's other assets; (vii) have the
power to levy Assessments on any Owner or any portion of the Property and to force payment of
such Assessments, all in accordance with the provisions of this Declaration; {viii) have the power
and authority from time to time in its own name, on its own behalf, or on behalf of any Owner who
consents thereto, to commence and maintain actions and suits to restrain and enjoin any breach
or threatened breach of this Declaration or the Articles or the Bylaws; (ix) have the power,
exercised by the Association or by any person authorized by it, to enter upon any Lot (but not
inside any building constructed thereon) in the event of any emergency involving illness or
potential danger to life or property or when necessary in connection with any maintenance or
construction for which the Association is responsible (such entry shall be made with as little
inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by
the Association); (xii) the power to grant and convey to any third party such licenses, easements
and rights-of-way in, on ar under the Common Area as may be nec®ssary or appropriate for the
orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation
of the health, safety, convenience and the welfare of the Owners_
4. Membershio. Upon formation of the Association, each Owner of a Lot shalt be a Member
of the Association and each purchaser of a Lot by acceptance of conveyance thereof, covenants,
and agrees to became a Member of the Association. Membership in the Association shall
automatically terminate upon the sale, transfer, or other disposition of a Member's title ownership
in a Lot, at which time the new Owner of such title interest shall automatically become a Member
of the Association. No Member shall have any right or power to disclaim, terminate, or withdraw
from Membership in the Association.
5. Votino rights. The Association shall have two (2) classes of voting Membership:
a. Class A. Class A Members shall be all those who own Lots within Carol
Professional Center Subdivision except Declarant. Each Class A Member shall be
entitled to one (1 }vote for each Lot that such Member owns within Carol Professional
Center Subdivision. Fractional votes shall not be permitted. Where more than one person
holds an ownership interest in a Lot, the vote shall be exercised as such persons
determine among themselves, but in no event shall mare than one (1 }vote be cast with
respect to any Lot.
b. Class 8. The Class B Member shall be Declarant. The Class B Member shall be
entitled to three {3) votes for each Lot that Declarant owns within Carol Professional
Center Subdivision.
The Class 8 Member shall cease to be a voting Member in the Association on the
happening of either of the following events, whichever occurs earlier:
(a) When eighty percent {80%) of the Building Lots have been sold to
Owners other than Grantor; or
(b) Ten (10) years after the date this Declaration is recorded in the official
records of Ada County, Idaho.
NI.~R, -Ol'~00(S~YED) 12~~1 SPINK & BUTLER TEL~12083881001 P, 01~
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Notwithstanding anything to the contrary in this Declaration, amendments to this subsection IX.C.5 shall
only be effective upon the unanimous written consent of all Class A Members and the Class B Member.
6. Levyino of assessments-
a. Authori .Declarant and/or the Association shall have the power to levy general,
special and limited assessments upon and against the Owners of the Lots, the Property or
any portion thereof in Carol Professional Center Subdivision for the purpose of carrying
out the obligations, duties and powers herein set forth, including any legal and other costs
incurred in enforcing this Declaration in accordance with the terms hereof. Specifically,
but without limitation, such funds received from such assessments sha11 be expended by
Declarant or the Association for: (i} the providing for, and the maintenance and operation
of any designated common areas, which may include, without limitation: entrances,
rights-of-way, directional and informational signs, public area lighting, storm sewer
facilities, drainage, and any other Improvements relating to the enhancement of the
overall quality of Carol Professional Center Subdivision; (ii) providing for the
administration and enforcement of this Declaration, including reasonable administrative
staff requirements and expenses; and (iii} to fulfill any of the obligations of the Association
and Declarant hereunder. Each Owner of a Lot by the acceptance of the deed for such
Lot, whether or not such obligation be so expressed in any such deed or other
conveyance, for each Lot owned by each Owner, together with Declarant, hereby
covenants and agrees and shall be deemed to have covenanted and agreed to pay to the
Association andJor Declarant, as the case may be, all assessments as are levied
pursuant to the provisions of this Declaration, including, without limitation, an initial
assessment payable upon acceptance of the deed for such Lot in the amount of Four
Hundred and no/100 Dollars ($400.00). All assessments, including any interest thereon,
and the costs of collection, if any, including attorneys' fees, as herein provided, shall be
charged as a continuing lien upon the Lot against which each such assessment is made.
Each such assessment as aforesaid, together with interest and costs thereon, shall, in
addition, be the personal obligation of the Owner of such Lot at the time the assessment
is levied by Declarant or the Association- Declarant, to the extent that it owns any part of
the Property, shall be deemed subject to the provisions of this Section.
In the event the Association shall determine that its general assessment for a given fiscal
year is or will be inadequate to meet the expenses of the Association for any reason
including, without limitation, costs of construction, reconstruction. unexpected repairs or
replacement of capital improvements upon the Common Area, attorney's fees and/or
litigation costs, other professional fees, or far any other reason, the Association shall
determine the approximate amount necessary to defray such expenses and levy a special
assessment, which shall be computed in the same manner as general assessments, No
special assessment shat( be levied which exceeds twenty percent (20%) of the budgeted
gross expenses of the Association for that fiscal year, without the vote or written assent of
the Owners representing a majority of the votes of the Members of the Association.
Notwithstanding the above provisions with respect to general and special assessments,
the Association may levy a limited assessment against a Member as a remedy to
reimburse the Association for costs incurred in bringing the Member andlor such
Member's Lot into compliance with the provisions of his Declaration and other governing
instruments for the Property.
b. Procedures. Commencing with the first fiscal year and for each year thereafter,
the Association Board of Directors or Declarant shall determine the assessment for the
coming year and same shall be assessed and paid no more frequently than quarterly in
advance by each Owner or as Declarant or the Association Soard of Directors shall
otherwise direct. Such general assessment shall take into consideration the cost of and
reserves for any contemplated repair, replacement, or renewal of a specified
M,~R. -O1'~00(YYED) 12.51 SP1NE(& BUTLER TEL~1208 881001 P, 014
Improvement upon any designated Common Areas or the personal property and facilities
maintained by Declarant or the Association. if the assessment proves inadequate for any
reason (including non-payment of any Owner's assessment) or proves to exceed funds
reasonabry needed, then Declarant or the Association Board of Directors may increase or
decrease the assessments payable hereunder by giving written notice thereof to each
Owner not less than ten (10}days prior to the effectlvs due date for the payment of the
revised general assessment. The Association Board of Directors shall have the power to
levy additional assessments as provided herein and in the Bylaws of the Association.
Each Owner shall be assessed at a uniform rate per Lot of all assessments. Any Owner
shall have the right to examine Declarant's or the Association's records relative to any
assessment, provided that reasonable notice is first given and provided that such Owner
bears all costs of such examination. All assessments shall be prorated as of the date title
transfers to a new Owner.
c_ Notice of assessment. Notice of each assessment shall be given by sending a
written notice by postage prepaid United States mail addressed to the last known or usual
post office address of the Owner of any Lot or by posting a brief notice of the assessment
upon the Lot itself.
d. Nonoayment of assessment. Any assessments or charges which are not paid
within thirty (30) days after its due date shall be delinquent. All delinquent assessments
or charges shall bear interest at a rate of ten (10) percent per annum.
e. Lien. To evidence a lien on a Lot which is delinquent in the payment of an
assessment or a charge, Declarant shall prepare a written notice of assessment lien
setting forth the amount of the unpaid indebtedness, the name of the Owner of such Lot
subject to such lien and a legal description of such Lot (hereinafter refen'ed to as the
"Notice"). The Notice shall be signed by Declarant or the Association and shall be
recorded in the Office of the Recorder of Ada County, Idaho. Such lien for payment of
charges shall attach to the affected Lot after recording the Notice and may be enforced by
all available legal methods of collection including, without limitation, the foreclosure of
such lien by Declarant in like manner as a mortgage on real properly, or Declarant or the
Association may institute suit against the Owner obligated to pay the assessment and/or
for the foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether
judicial or not judicial, the Owner shall be required to pay the costs, expenses, and
reasonable attorneys' fees incurred in connection therewith. Declarant or the Association
shall have the power to bid on such Lot at foreclosure or other legal sale and to acquire,
hold, lease, mortgage, convey or otherwise deal with the same. Upon the written request
of any mortgagee holding a prior lien on any part of the Lot, Declarant or the Association
shall report to such mortgagee any unpaid charges or assessments remaining unpaid for
longer than sixty (60) days after the same are due.
f. Subordination of lien to prior encumbrances. The recorded Notice evidencing the
lien for any assessments or charge provided in this Declaration shall be superior to all
other liens, encumbrances and charges against the Lot, except only as against previously
recorded liens, or for liens securing payment of taxes, special assessments and special
taxes heretofore or hereafter levied by any political subdivision or any state or federal
taxes which by law are a lien against the interest of any such Owner prior to pre-existing
recorded encumbrances; and provided further, that such recorded Notice evidencing such
assessment lien shall be subordinate to the lien of a prior recorded bona fide security
device, including a mortgage, or trust deed encumbering such Lot, except for such
amounts which become due and payable from and after the date on which the holder of
such security device either: {i) takes possession of such Lot: or (ii) accepts a conveyance
of any interest therein other than as security; or (iii} files suit to foreclose its security
device. Declarant or the Association shall have the power to subordinate the aforesaid
lien to any other lien. Such power shall be entirely discretionary with Declarant or the
NIaR, -Oj' 00IYYEDI 1? ~ ~2 SPINK & BUTLER TELL 1?08~88100j P. Ole
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Association. A transfer of title shall not relieve the Lot from the lien for any assessments
or charges thereafter becoming due nor from the lien of any subsequent assessments or
charges.
D. Enforcement. This Declaration shall operate as a covenant running with the land, and all
provisions hereof shag be enforceable by Declarant, the Association, and/or the City, and every Owner by
a proper proceeding, either in equity or at law. Further, Declarant and the Association shall have the right
to sue far and obtain an injunction to prevent the breach of or to enforce the observance of the covenants,
conditions, easements, charges, liens, assessments, restrictions, and/or reservations herein set forth, but
the failure of Declarant or the Association to enforce any of the covenants, conditions, easements,
charges, liens, assessments, restrictions, and/or reservations here(n set forth, at the time of any violation,
shall not be deemed to be a waiver of the rights of Declarant or the Association to do so as to any
subsequent violation. Thfs Declaration may also be enforced by: (i) suit to recover damages; {ii) suit to
enforce a lien against the Owner's Lot; or (iii} any other available remedy at law or equity. Further,
Declarant and the Association are each empowered to take all immediate action it deems necessary, at
the cost and expense of any Lot Owner, to correct any violation of this Declaration relating to such Lot,
including without limitation the power to exercise the right, license, and permission to enter upon any Lot
with personnel, equipment, materials and other necessary articles, all without being guilty of trespass and
without being subject to any liability or damages, to complete any work necessary to correct any violation
of this Declaration. Reasonable care will be used in the performance of such work. in the event Declarant
or the Association deems it necessary to secure the services of an attorney to enforce any provision of
this Declaration, the reasonable fee of such attorney and all other costs connected with the contemplated
or actual legal work or proceedings shall be paid by the Owner of the Lot which is the subject of the work
or proceedings. Written notice of such fees and costs shall be given to the Lot Owner and such fees and
costs shall be reimbursed by the Lot Owner within ten (10) days after the date of such notice. If such fees
and costs remain unpaid, they shall be considered delinquent and shall constitute a Lien upon the Lot.
IX. COMMON AREA,
A. Use of Common Area. Every Owner shall have a right to use each portion of the
Common Area, which right shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
The right of the Association holding or controlling such Common Area to levy and increase
assessments;
The right of the Association to suspend the voting rights and rights to use of, except for ingress
and egress to such Owner's building Lot, Common Area by an Owner for any period during which
any assessment or charge against such Owner's Lot remains unpaid; and
The right of the Association to dedicate or transfer all or any part of the Common Area to any
public agency, authority or utility for such purposes and subject to such conditions as may be
permitted by the Articles and Bylaws and agreed to by the Members. No dedication or transfer of
said Common Area shall be effective unless an instrument agreeing to such dedication or transfer
signed by Members representing three-quarters (314) of each class of Members has been
recorded.
The right of the Association to prohibit the construction of structures or Improvements on all
Common Areas.
B. Designation of Common Area. Declarant (or the Association, if applicable, shat( designate
and reserve Common Area in the Declaration, and/or deeds or other instruments and/or as otherwise
provided herein.
C. Damages. Each Owner shall be fully liable for any damage to any Common Area which
may be sustained by reason of the negligence or willful misconduct of the Owner, or such Owner's
ti9;aR. -O1' 00(44`ED) 12~5~ SPINK & BUTLER TEL. 1208 881001 P, 016
Permittees. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and severai.
The cast of correcting such damage shall be a limited assessment against the Lot and may be collected
as provided herein for the collection of other assessments.
X. MISCELLANEOUS.
A. Partial invalidity. Inva{idation of any portion of this Declaration by judgment or court order
shall in no way affect any of the other portions, all of which shall remain in full farce and effect.
B. Interpretation. This Declaration shall be interpreted for the mutual benefit and protection
of the Owners and Permittees of Carol Professional Center Subdivision and in furtherance of the basic
goals of this Declaration. Any discrepancy, conflict or ambiguity which may be found herein shall be
resolved and determined by Declarant and, in the absence of an adjudication by a court of competent
jurisdiction to the contrary, such resolution and determination shah be final.
C. Caetions. The captions and organizational numbers and letters appearing in this
Declaration are inserted only as a matter of convenience and do not in any way define, limit, construe or
describe the scope or intent of this Declaration nor in any way modify or affect this Declaration.
p. Governino law. This Declaration and the rights of the Owners of Carol Professional
Center Subdivision hereunder shall be governed by the laws of the State of Idaho.
E. Limitation of liabili~t c. Neither Declarant nor its agents or employees nor any disclosed or
undisclosed principals of Declarant shall have any liability hereunder after they cease to hold title to all or
substantially all of the Property, except for obligations as the Owner of one or more Lot. Neither Declarant
nor its agents or employees nor any disclosed or undisclosed principals of Declarant shall have any
personal liability with respect to any of the provisions of this Declaration or the Property, or shall they be
liable in damages or otherwise to anyone submitting Plans and Specifications for approval or making any
other request of Declarant, or to any Owner, person, tenant, subtenant or mortgagee of the Property or
any part thereof in Carol Professional Center Subdivision, by reason of any mistake in judgment, ar any
negligence or nonfeasance arising out of or in connection with: (i) the approval or disapproval, or failure to
approve or disapprove, any Plans and Specifications or other request; (ii) the enforcement or failure to
enforce the terms of this Declaration; and (iii) the administration of this Declaration; and anyone who
submits Plans and Specifications or any request to Declarant for approval, by the submission of such
Plans and Specifications or request, and the Owner, person, tenant, subtenant or mortgagee, by acquiring
title to or an interest in any Lot or interest whatsoever in the Property or any part thereof, agrees, to the
extent permitted by law, not to bring any action or suit to recover any such damages against Declarant.
F. Amendments. Amendment(s) by the Owners may be made by action approved by the
affirmative vote of seventy-five (75) percent of the votes of the Owners. Anything herein to the contrary
notwithstanding, no changes or amendments to this Declaration which would affect the rights reserved
herein to the City shag be effective without the prior wriiten approval of the City.
G. Notices. Any notice required or desired to be given under this Declaration shall be in
writing and shall be deemed to have been properly served when delivered In person or after deposit in the
United States mail, postage prepaid, addressed to an Owner, at its last known address as shown on the
records of Declarant or the Association at the address to which assessments are mailed. All notices to
Declarant shall be sent in the manner as aforesaid to:
Properties West, Inc.
PO Box 2797
Boise, lD 83701
Attn: Jon Barnes
H. Delay in o~rformance -force maieure. If the performance of any act or obligation under
this Declaration Is prevented or delayed by an act of God, fire, earthquake, flood, explosion, action of the
en, ur.~oacooe
MAR, -Q1'-00 i~VED) 12~~3 SP1Nk & BUTLER TELL 1?08881001 P, Ol i
.-. ._
elements, war, invasion, insurrection, mob violence, sabotage, malicious mischief, inability to procure or
general shortage of tabor, equipment or facilities, materials or supplies in the open market, failure of
transportation, strike, lockout, action of labor union, condemnation, threatened condemnation, requisitions,
laws, orders of government or civil or military authorities or any other cause whether similar or dissimilar to
the foregoing not within the reasonable control of the person or entity required to perform such act or
obligation, then such person or entity shall be excused from the performance of such act or obligation for
so long as such person or entity is so prevented or delayed by reason thereof. This force majeure
provision shall apply to Declarant, the Association and each Owner's obligations hereunder except those
that require the payment of money.
I. Conflicts. if Declarant obtains a zoning variance with regard to any portion of the Property
in which Declarant holds record title and such zoning variance provides for less restrictive standards than
the standards set forth in this Declaration, then the provisions of such zoning variance shall apply to that
portion of the Property so affected and the provisions of this Declaration as to such standards shalt be
unenforceable by any other Owner with regard to such portion of the Property.
~. Binding effect of peclaration. All the rights, covenants, conditions, easements,
agreements, restrictions, and reservations herein contained shall run with the land and shall inure to the
benefit of and be binding upon Declarant and each subsequent holder of any interest in any portion of the
Property and their grantees, heirs, successors, personal representatives and assigns with the same full
farce and effect for all purposes as though set forth at length in each and every conveyance of the
Property or any part thereof. Reference in the respective deeds of conveyance, or in any mortgage or
trust deed or other evidence of obligation, to the rights, covenants, in their entirety in such documents.
IN WITNESS WHEREOF, the undersigned has caused these presents to be duly executed this _
day of , 2000.
DECLARANT:
PROPERTIES WEST, INC., an Idaho corporation
6y:
Jon L. Bames, President
STATE OF 1DAH0 )
ss_
County of Ada )
On this day of .2000, before me, the undersigned, a Notary
Public in and for said State, personally appeared JON L. BARNES, known or identified to me to be the
President of PROPERTIES WEST, INC., 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, 1 have hereunto set my hand and affixed my offcial seal the day and
year in this certificate first above written.
Notary Public for Idaho
Residing at
My commission expires:
eni ur+~~ucn~w +
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Er?ineers Surveyors Planners
Project: 11146
Date: May 6, 1999
PARCEL DESCRIPTION
FOR PROPERTIES WEST
A parcel of land being a portion of the Southeast'/< of the Northeast Yo of Section 5, T.3N., R.1 E., B.M.,
Ada County, Idaho, and more particularly described as follows:
Commencing at a point marking the Northeast corner of Section 5, T.3N., R.1 E., B.M., Ada County,
Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point
marking the Southeast corner of the NE'/a of said Section 5; thence leaving said Easterly line North 89°40'38"
West, along the Southerly boundary line of said NE'/a, 70.00 feet to a point on the Westerly right-of-way of
Eagle Road (State Highway No. 55) as shown on highway plans (Federal-aid Project No. NH-F-03271 (037)) on
file with the Idaho Transportation Department, said point being the REAL POINT OF BEGINNING;
thence continuing along said Southerly boundary North 89°40'37" West, 302.00 feet to a point;
thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point.;
thence North 89°40'37" West, 143.00 feet to a point;
O thence North 00°36'05" East, 50.00 feet to a point;
thence North 89°40'37" West, 105.00 feet to a point;
thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carols Subdivision as
shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Asia
County, Idaho;
~J thence South 89°10'00" East along said Southerly boundary, 550.00 feet to a point on the Westerly
right-of-way of said Eagle Road (State Highway 55);
thence South 00°36'05" West along said Westerly right-of-way 649.26 feet to the REAL POINT OF
BEGINNING.
Said parcel contains 6.68 acres, more or less.
END OF DESCRIPTION
Prepared by:
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f:\projects\11146\admin\parcel description.doc
Extended Page 1.1
~i Weser
Engineering & Inspection Corporation
West File # 9QOOQ00
March 2, 2000
Page 1 of 1
Ms..lon Barnes
Properties West Inc.
1441 Shoreline Drive
Boise, Idaho 83701
Subject: Geotechnical Recommendation Report
Carol Professional Gen#er
Eagle Road -Meridian, lciaho
Dear Ms. Barnes:
As per your request, Wester Corporation, has prepared this geotechnical
recommendation report for the proposed tilt up concrete building project to be located on
the west side of Eagle Road North of Fairview Avenue. Our study consisted of a site
reconnaissance, areview of previous reports for nearby projects, excavation of three
geotechnical test pits, and subsurface sampling. Laboratory tests were performed on
selected soil samples collected during the site reconnaissance in order to confirm
consistent soil conditions and develop geotechnical engineering design criteria for the site.
We also discussed the project with both the architect and the project civil engineer.
On the basis of our field study and laboratory testing, the site is suitable, from a
geotechnical standpoint, for the proposed building provided the recommendations
presented in this report are incorporated into the project plans and specifications and are
adhered to during construction.
The results of the exploration and analysis indicate that conventional spread
andlor continuous wall footings appear to be the most suitable type of foundation for
the support of the proposed tilt up concrete buildings. Net allowable soil pressures of
up to 20lJQ PSF may be used where foundations are founded upon the native cemented
silts located approximately 1.5-3.5 feet below the existing ground surtace. This bearing
value wiU also be available upon structural fill materials that extend to the above
referenced soil strata, provided fills are properly compacted to 95°,6 of Standard proctor
maximum density..
72501 West Explorer Dr., Suite 175 • Boise, ID 83713 • (208) 322-4595 • Fax_ (208) 322-4599 • Email: wester«uswestmail.net
FROM ENGINEERING AND INSPECT'r'`y SER PHONE N0. 208 377 9779 '~"'
Mar. 02 2000 04:06PM P2
~~MVV
~~ Engineering & Inspection Corporation arc ,
-__.- Westec File # 9085001
Page 2 of 2
Based upon the observed conditions in the three onsite test pits and in the logs
for the test pits excavated on the adjacent Meridian School District project, storm water
can be disposed of in conventional seepage beds. Percolation rates greater than 20
inches !hour are available in the free draining pitrun type materials located an average
11.0 #eet below the existing ground surface.
We appreciate this opportunity to be of service and look forward to working with
your firm during the ccanstruction of this project. Should you or any of your design team
have any questions or require additional information, please contact our office at your
convenience.
12501 West Explorer Dr., Suite 175 • Boise, ID 83713 • {208) 322-4595 • Fax: {208) 322-4599 • Email: westec~usweStrnail.net
General Manager
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Fo2~ value Received
Br]rdn J. Canq,;bell, a married man 89 his sole and separate prC:perty,
as to an undivided 1/4 interest
tw*ni.,after referzed to as Grantor, does hereby giant, ban7ain, sell, and oorrvey unto
Properties West, Inc., an Idaho corporation,
t,c,oir,wPtpr referred to as Grantee, whose curr~t address is
P.O. Box 2797, Boise, ID, 83701
the following described premises, to-wit:,
That certain real property more partiail.arly described upon
"Exhibit A" attached hereto, whidi said "Exhibit A" is by this
reference incorporated t>erei.n and node a part hereof.
9381744
ADA CO. RECORDER
J. DAVID NAVAP.RO
BOISE ID
FIRST AMERICAN TITLE CO.
TO HAVE APID 7'0 HOLD the Baia premises, with9~~.~'T ~~p1pp AID 10 31 0 ~a
Grantee, his heirs and assigns forever. And the dd~antgg~+ covenant
to and with the said Grantee, that Grantor i~Er,F~gilE~TsliFtq~le of Bald
premises; that said premises are free frrnl all erY,anbranoes except current years
taxes, levies, arcl assessnelits, ald except U. S. Patent reservations, restrictions,
easements of record, and easements visible upon the premises, and that Grantor will
warrant and defend the same from all cl whatsoever.
Dated: September 22, 1993. ~~
.~ /a~
Br~ 1 --
SPATE OF /u{"~ )
COUNTY OF (,(~~Q,(~Q/v ) ss
On This '~8 day of Septenb~+s, in the year 1993, before rte, a Notary Public
in and for said State, per~aially appeared Bryan J. CarnpbPll, Imo<,m or identified
to me to be the person whose name is subscribed to the within Instrw!ent, and
aciaiowledged to me that he executed the sane. /1
wOTARY PUBLIC ~,. n J/
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~~„'~.'~•a 1AyCommisslunr. i..~•; l' Residing at: L(f~
C ~ occ zo. l^^~ d Carmission Expires: /0 -a0~13
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BCHEDULE A
PARCEL A
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,283.0 feet to a spike in
the center of State Iiighway No. 69, the REAL PLAC1 OF BEGINNING;
thence
North 89 °48' West for a distance of 1, 317.33 feet to a point in the
Westerly fence line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State Iiighway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way for EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of tha Northeast quarter of Section
5, Township 3 North, Range 1 East of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on tt~e East line of said Section 5 (which is the middle of
State Eiigl~way No. 69) for a distance of 2,610.96 feet to a spike
in the center of State Iiighway No. 69, at the East quarter corner
of said Section 5, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4" steel pin; thence
North 0. o°OS' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL.
~,i uJ
PRELIMINARY SUBDIVISION PLAT
APPLICATION
Carol Professional Center
4. Name of party to receive billings/correspondence:
Jon L. Barnes
Properties West, Inc.
1401 Shoreline Drive
P.O. Box 2797
Boise, ID 83702
7. A variance of 10' from the rear setback (20') is requested.
J-U-B ENGINEERS, Inc.
ENGINEERS • SURVEYORS • PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208/376-7330
FAX: 208/323-9336
8. The development will have landscaping and residential style buildings.
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Foy' value Reoetvea
WARRANTY DEED
Bryan J. Catttpbe7.1, a married man as his sole and separate property,
as to an undivided 1/4 interest
hereinafter referred to as Grantor, does hereby grant, bargain, selr, and cotes' unto
Properties West, Inc., an Idaho corporation,
hereinafter referred to as Grantee, whose dent acldre-ss is
P.O. eox 2797, Boise, ID, 83701
the following described premises, to-wit:
That certain real property mare particularly described upon
"Exhibit A" attad~ed hereto, whicfi said '"Exhibit A" is by this
refereltioe lnoorpora ted ttQxei.n and made a part hereof .
~381?`~y
FDA CO. RECORDER
J. DAVID yAVAP,RO
BOISE ID
FIRST AMERICf~N TITLE CQ.
To HAVE AMID To HOLD the said prettti.ses, with9f~e.iT 1 R(~ 10 31 said
Grantee, his heirs and assigns forever. And the tg@q~ covenant
bo and with the said Grantee, that Grantor i~E pc~a~rH~.~iE~Ts9~le of said
premises; that said premises are free from all er>ctmtbr~arrces except curre,~~t years
taxes, levies, and assessments, atxl except U. S. Patent reservations, restrictions,
its of record, and its visible upon the premises, and that Grantor will
warrant and defend the same from all c1a~~whatsoever.
Septettber 22,
STATE OF ~ f "~ )
QOUAiI'Y OF C!/~Q;,G..Q/V ) ss
On This ~g day of Septettber, in the year 1993, before tre, a Notary Public
in and for said State, persortially appeared Bryan J. Campbell, la~own or identified
to me to be the person whose name is subscribed to the within Instrw?tenk, and
aclutowled~ped to me that he executed the same.
NOTARY PUeuc
'; p~Q SOn Blvd. ~'~~
9 Ulah R 1 "'t
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~' ~••• ~ STATE QF t) f~.;l
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Public for•
Residing at: Gf/~2~~
Commission Expires : ~ ~ ` ~ ~ 3
First American Title Company of Idaho
SCHEDULE A
PARCEL A
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 East, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on the East line of said Section 5 (which is the middle of
State Highway No. 69) for a distance of 2,283.0 feet to a spike in
ttie center of State highway No. 69, the REAL PLACE OF BEGINNING;
thence
North 89°48' West for a distance of 1,317.33 feet to a point in the
Westerly fence line; thence
North 0.0°08' West for a distance of 320.0 feet to a point; thence
South 89°48' East for a distance of 1,318.08 feet to a spike in the
East line of said Section 5; thence
South along the East line of said Section 5 for a distance of 320.0
feet to a spike in the middle of said State highway No. 69, the
REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of way for EAGLE ROAD.
PARCEL B
Part of the Southeast quarter of the Northeast quarter of Section
5, Township 3 North, Range 1 Bast, of the Boise Meridian, Ada
County Idaho, described as follows:
Commencing at the Northeast corner of Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, thence
South on tt~e East line of said Section 5 (which is the middle of
State }iigt~way No. 69) for a distance of 2, 610.96 feet to a spike
in the center of State }iighway No. 69, at the East quarter corner
of said Section 5, the REAL PLACE OF BEGINNING; thence
South 89°45' West for a distance of 1,316.54 feet to the 1/16th
corner of said Section 5, a 3/4" steel pin; thence
North o. o°OS' West for a distance of 339.07 feet to a point; thence
South 89°48' East for a distance of 1,317.33 feet to a spike in the
East line of said Section 5; thence
South 327.86 feet along the East line of said Section 5 to a spike
in the middle of State Highway No. 69, REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL.
vv C+JvV i .TJI ~~I~
CAROL PROFESSIONAL CENTER
PROPERTY OWNERS WITHIN 30U'
BRANDY Jt1LIE A
3066 I.FSLIE DR
MERIDIAN 1D 83642-5714
HAYMAKER JAMES F & PATSY Y
3014 LESLIE DR
MERIDIAN ID 83642-5714
WILLIAMS WALTER C 8t Rt7BERTA 1
3104 LESLIE DR
MERIDIAN 1 D 83642-5714
KNORPP BILLY & SANUiiA FAM TRST
KNORPP B L & S L TRUSTEES
2972 LESLIE DR
1VII:RIDIAN ID 83642-5714
BENTLEY CONNEE M
3154 LF.5LIE DR
MERIDIAN ID 83642-5714
BRYSON HARRY L 8r
BRYSON FRANCES C
2600 N EAGLE RD
MERIDIAN ID 83642-7302
KANE RAYMOND J &
KANE JUDY L
3047 I,ESLiE DR
MERIDIAN 1D 83642-5715
BOYLE M AUREEN E W
3109 LESLIE DR
MERIDIAN 1D 83642-5715
KULESKI WII,LIAM S &
KULF.SKI JANET LEE
2995 E LESLIE DR
MERIDIAN ID 83642-0000
CAM.Pl3ELL F G1NF.. &
CA.MPBEI.L TAMARA I.
3165 E LESLIE UR
MERIDIAN ID 83642-5715
SCHRAMMECK M R & N E TRI,J57'
SCHRAMMECK M R & N E TRUSTEES
2745 S EAGLE RD
EAGLE ID 93616-6410
2590 N EAGLE RD
PROPERTIES WEST INC
PO BOX 279?
BOISF, !D 83701-2797
N EAGLE RD
WE1SS H LAVONNF.
2500 N EAGLE R.D
MERIDIAN ID 83642-5718
JOINT SCHOOL llIST #2
91 I N MERIDIAN RD
MERIDIAN ID 83642-2241
N EAGLE RD
BOTTLES MARK K
BOTTLES GEItI
528? N FARROW ST
BOISE ID 83713-0000
HART DONIA M
2420 N EAGLE RD
MERIDIAN ID 83b42-5718
KLEINER WAI,TF.,R HERMAN
KLJ3INER EUGENE M
PO BOX 4003
BELLEVUF, WA 98009-4003
1795 N EAGLE KU
3600 E FAIRVI E W AYE
OR.EEN LARRY E &
GREEN PA'1'RiCIA H
2935 LESLIE UK
MERIDIAN I'D 83642-5715
~ ~yG G; J
18
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
05-25-00
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR CAROL
PROFESSIONAL CENTER BY
J-U-B ENGINEERS, INC.,
Case No. PP-00-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
APPLICANT.
The above entitled matter coming on regularly for public hearing before the
City Council on May 16, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning
and Zoning Adrrunistrator, appeared and testified, and appearing and testifying on
behalf of J-U-B Engineering, Inc. was Nancy Taylor, and no one appeared in
opposition, and the City Council having received as part of the record of this matter
the recommendation to City Council of the Planning and Zoning Commission and
the applicant having submitted the "PRELIMINARY PLAT OF CAROL
PROFESSIONAL CENTER, DATE: 5-8-00, Drawn By: PJE, Design By: GAL,
Checked By: GAL, Project No. 11507, Sheet 1 of 3, By: J-U-B ENGINEERS, INC.,
PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER",
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - I
~,.
submitted for preliminary plat approval and which preliminary plat for approval
application is herein received and adjudged by the City Council pursuant to Meridian
City Code § 12-3-3. Therefore the City Council makes the following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area
as defined in the Meridian Comprehensive Plan Generalized Land Use Map,
Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December
21, 1993, and the property is presently zoned Limited Office (L-O), and requires
connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2
C.]
2. The preliminary plat is in conformance with the Comprehensive Plan
City of Meridian adopted December 21, 1993, Ordinance No. 629.
3. It is determined that Urban SeTVices can be made available to
accommodate the proposed development if the plat complies with the requirements
and conditions hereinafter set forth as conditions of preliminary plat approval.
4. The proposed development is a continuity of the proposed development
within the City's Capital Improvement Program and if the conditions which are
requested by the Planning and Zoning Administrator and the Assistant City Engineer
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - 2
~._
and as proposed by the developer as stated on the preliminary plat there will be
public financial capability of supporting services for the proposed development.
5. The development if built in accordance with the conditions and as
proposed, will not create health, safety or environmental problems and there have
been no specifics of any such concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning
and Zoning Commission is reasonable and appropriate for the conditions of approval
of the preliminary plat as hereinafter set forth.
7. The applicant has submitted for consideration of this approval drawing
of the preliminary plat herein designated as: "PRELIMINARY PLAT OF CAROL
PROFESSIONAL CENTER, DATE: 5-8-00, Drawn By: PJE, Design By: GAL,
Checked By: GAL, Project No. 11507, Sheet 1 of 3, By: J-U-B ENGINEERS, INC.,
PROPERTIES WEST, INC., Developer, for CAROL PROFESSIONAL CENTER".
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City
Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are
herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. The Preliminary Plat of the applicant as evidenced by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - 3
('
"PRELIMINARY PLAT OF CAROL PROFESSIONAL CENTER, DATE: 5-8-00,
Drawn By: PJE, Design By: GAL, Checked By: GAL, Project No. 11507, Sheet 1 of 3,
By: J-U-B ENGINEERS, INC., PROPERTIES WEST, INC., Developer, for CAROL
PROFESSIONAL CENTER", is hereby conditionally approved; and
2. The conditions of approval are as follows to-wit:
Adopt the Planning and Zoning and Engineering Staff comments as follows:
2.1 Sanitary sewer service to this site shall be via extensions from the newly
installed main for the new River Valley Elementary School. Applicant
shall be responsible to construct the sewer mains to and through this
proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Worlcs Department. Sewer manholes are to
be provided to keep the sewer lines on the south and west sides of the
centerline.
2.2 .Water service to this site shall be via extensions from newly installed
main for the new River Valley Elementary School. Applicant shall be
responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Provide the Public works
department with information on anticipated fire flow and domestic
water requirements for the proposed site. Water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the existing
mains should be monitored with the Meridian Water Department.
2.3 Two-hundred-fifty-watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations
are at street intersections and/or fire hydrants.
2.4 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - 4
~. ~.
the proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
2.5 Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an
association or the Nampa &. Meridian Irrigation District. If the system
is being proposed as a private system, plans and specifications for the
irrigation system shall be reviewed by the Public Worlcs Department as
part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to
plan approval. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If a creek or well
source is not available, asingle-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City
Engineer. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area.
2.6 The proposed north-south cul-de-sac is 487 feet in length (centerline of
east-west road to radius point of bulb). The maximum cul-de-sac length
permitted by the Subdivision Ordinance is 450 feet (Ordinance 12-4-
2.F). The Applicant shall formally request a variance for the cul-de-sac
length as part of the Planned Unit Development application.
2.7 A condition of approval placed on this site by the Fire Department in
the approved Findings of Fact and Conclusions of Law for the
Comprehensive Plan Amendment (see File No. CPA-99-001, para. 11,
pg. 4) was that the future signalized intersection on Eagle Road/SH 55
shall need to have Opticom traffic system installed by Properties West,
Inc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - 5
r
2.8 The Stokesberry Lateral easement is shown as 40 feet wide on the plat
and 29 feet wide on the Site/Landscape Plan. Applicant shall clarify the
actual width and make any subsequent edits to the plans. If the 40-foot
width is correct, a letter of approval or license agreement shall be
obtained granting permission to plant in this easement.
2.9 A letter of approval or license agreement shall be obtained from Idaho
Power Co. granting permission to plant in their easement. If this
easement is dedicated for overhead power lines, there may be a potential
conflict with these trees at full maturity.
2.10 In their report for Carol Subdivision Preliminary Plat, ACRD did not
reference cross access easements. Cross access easements shall be
entered into and recorded between Lots 1-4 and 5-8, Block 1. This
recorded cross-access easement shall be received at the time of building
permit application.
2.11 The 35-foot Eagle Road/SH 55 landscape setback, currently shown as an
easement, be platted as a separate common lot within the subdivision.
The draft CC&Rs submitted with the application states each separate
lot owner in the subdivision shall be responsible for construction,
installation and maintenance of landscaping on each building site. By
placing responsibility for the Eagle Road/SH55 landscape buffer with a
single entity (the Subdivision Owner's Association), greater consistency
of design and maintenance can be achieved and planting materials shall
mature at similar rates.
2.12 Six-foot-high, permanent perimeter fencing shall be required on the
northern boundary of the subdivision. Submit detailed fencing plans for
review and approval with submittal of the Final Plat. All required
fencing is to be in place prior to issuance of building permits. All fencing
must comply with Ordinance 12-4-10.F. of the Subdivision &
Development Ordinance.
2.13 All perimeter landscaping must be completed prior to issuance of
Certificate of Occupancy for any building within the subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - 6
2.14 The Final Plat shall be recorded prior to issuance of any building
permits.
Adopt the recommendations of the Meridian Fire Department as follows:
2.15 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
2.16 No parking of vehicles or trailers in cul-de-sac.
2.17 All roads shall be installed before building is started with appropriate
street name signs.
Adopt the Recommendations of Central District Health as follows:
2.18 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &.
Welfare, Division of Environmental Quality.
2.19 Run-off is not to create a mosquito breeding problem.
2.20 stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.21 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
2.22 The Applicant shall pay for the opticom traffic signal for the future
intersection on Eagle Road/SH 55, and shall be proportionally
reimbursed for the total cost once the Kleiner property to the south
develops.
2.23 That the Meridian School District shall be added to the Plat which
proposes to construct a new, public cud-de-sac and which shall connect
the office complex to the 66-foot collector road serving River Valley
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - 7
Elementary School. The first 250 feet of the cul-de-sac is not located
within the Applicant's property and that 250 feet lies within the
Meridian School District's property boundaries. Therefore, the
Meridian School District shall be added to the Preliminary Plat as a
signatory on the plat, providing their consent as property owner to this
60 feet of public right-of--way dedication.
2.24 The total project has 87 more parking stalls than required by ordinance,
and therefore the Applicant shall be allowed to eliminate the compact
parking spaces.
By action of the City Council at its regular meeting held on the ~ day of
~7 G~-'yam.- , 2000.
By:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and City Attorney.
By. ~ ~~-- ~ Dated:
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT -
J-U-B ENGINEERS, INC. - FOR CAROL PROFESSIONAL CENTER (PP-00-007) - 8
Mayor, City of Meridian
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Judy Peavey-Derr, President 318 East 37th Street
Dave Bivens, Vice President Garden City, Idaho 83714-6499
Marlyss Meyer, Secretary Phone (208) 387-6100
Sherry R. Huber, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us
May 15, 2000
TO: Jon L. Barnes
Properties West, Inc.
1401 Shoreline Dr.
Boise, ID 83702
FROM: Steve Arnold, Principal Development Analyst
Planning & Development
SUBJECT: Preliminary Plat: Carol Professional Center/
M PP-00-007/MCUP-00-020/MAZ-00-007
Eagle Road between Fairview and Ustick
REcErvEl
MAY 1 ~ ~~~
CITY ~F .I~ERIDIA~
On April 12, 2000, the Commissioners of the Ada County Highway District (hereafter called
"District") took action on the preliminary Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for acceptance, the Developer shall
cause the following applicable standard conditions to be satisfied prior to District certification and
endorsement:
1. Drainage plans shall be submitted and subject to review and approval by the
District.
2. If public street improvements are required Prior to any construction within the
existing or proposed public right-of-way, the following shah be submitted and subject
to review and approval by the District.
a. Three complete sets of detailed street construction drawings prepared by an
Idaho registered professional Engineer.
b. Execute and Inspection Agreement between the Developer and the District
together with initial payment deposit for inspection and/or testing services.
c. Complete all street improvements to the satisfaction of the District, or
execute a Surety Agreement between the Developer and the District to
guarantee the completion of the construction of all required street
improvements.
3. Furnish a copy of the Final Plat showing street names as approved by the Local
Government Agency having such authority together with the .payment of fee
charged for the manufacturing and installation of all street signs.
4. ~ If Public Right-of-Way Trust Fund deposit is required, make the deposit to the
District in the form of cash ar cashier's check for the amount specified by the
District.
5. ~~, Furnish easements, agreements and all other datum or documents as required by
the District.
6. Furnish Final Plat drawings together with the plat and plan review fees for District
acceptance and endorsement. The final plat must contain the signed endorsement
of the Owner and the Land Surveyor's certification.
7. All of the material must be submitted to District staff two-weeks prior to Commission
review of the final plat.
8. Approval of the plat is valid for one year. The Commission will consider an extension
of one year if requested within 15-days prior to the expiration date.
Please contact me at (208) 387-6170, should you have any questions
Cc: Planning & Development Chron/File
Planning & Development Services-City of Meridian
Construction Services -John Edney
Drainage- Chuck Rinaldi
Gary A. Lee, P.E./L.S.
J-U-B Engineers, Inc.
250 S. Beechwood, #201
Boise, I D 83709
ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
`' Development Application Report
Preliminary Plat -Carol Professional Center/ Eagle Rd./ Fairview 8 Commercial/Office Lots
MPP-00-007/MCUP-00-020/MAZ-00-007
An application for a preliminary plat has been submitted to the City of Meridian for eight commercial
•and office lots.. The application has been referred to ACHD by the City of Meridian for review and
comment. Carol Subdivision is an 8-lot commercial subdivision on 6.68-acres. The applicant is also
requesting a rezone from RT to LO. This development is estimated to generate 630 additional vehicle
trips per day based on the Institute of Transportation Engineers Trip Generation manual.
The Commission previously reviewed and approved the adjacent public school site MA-08-98.
Together with the school site, the cuiTent application will be constructing a new east-west street on the
south property line.
Roads impacted by this development: Eagle Road
Netiv East-West Street
ACRD Commission Date -April 12, 2000 - 7:00 p.m.
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Facts and Findings:
A. ~~..GeneralInfornlation
Owner -John L. Barnes, Properties West Inc.
Applicant - JUB Engineers Inc, Gary Lee
RT -Existing zoning
LO -Requested zoning
6.68 ` -Acres
8 ` -Proposed building lots
900 -Total lineal feet of proposed public sheets
265 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Service Area
Meridian -Impact Fee Assessment District
Eagle Road
Principal arterial
Traffic count of 28,268 on 10/27/98
C -Existing Level of Service
C -Existing plus project build-out Level of Service
650 -feet of frontage
200 -feet existing right-of--way (100-feet from centerline)
Comply with ITD's right-of--way requirements
Eagle Road is tinder the jurisdiction of the Idaho Transportation Department (ITD). Eagle
Road is improved with an 84-foot street section no curb, gutter or sidewalk.
New East-West Street
Collector street with bike lane designation
No traffic count available
360 -feet of frontage
0 -feet existing right-of--way (0-feet north from centerline)
66 -feet required right-of--way (33-feet north from centerline)
The new east-west street is currently being constructed as a 28-foot wide roadway tapering to
40-feet at the intersection with Eagle Road with no curbs, gutters or sidewalks. The new street
will be a future collector street to service the large area of undeveloped land to the south and
west of the subject property. The new road will be located on the mid-section line.
B. On March 27, 2000, the District Planning and Development staff inspected this site and
evaluated the transportation system in the vicinity. On March 31, 2000, the staff met as the
District's Technical Review Committee and reviewed the impacts of this proposed development
on the District's transportation system. The results of that analysis constitute the following Facts
and Findings and recommended Site Specific Requirements.
CAROL.CMM
Page 2
C. In 1997, the District conducted an access control study for the Eagle Road corridor (Eagle Road
Access Control Study, MK Centennial Engineering, September 25, 1997). The access control
„area covered in this plan included the segment of Eagle Road adjacent to this project site and
recommended that driveway access to Eagle Road be eliminated and that public street
intersections be located at the quarter and half mile point. The applicant is constructing an
east/west collector road at the quarter mile location. Based on the findings of the Eagle Road
Access Control Study ,this site should not have a driveway on Eagle Road and the primacy
access to the arterial street system should be provided from the new east/west collector roadway.
This location of new collector roadway was also identified in the Eagle Road Access Control
Study a~ a temporary frill-access intersection. The intersections will be restricted to right-
in/right-out operation as traffic volumes on Eagle Road increased.
The District previously acted on MA-08-99, an elementary school site located immediately west
of the current application. The school site constntcted a public street connection to Eagle Road
along this site's south property line. The new street was constntcted along this site's south
property as a 28-foot wide roadway tapering to 40-feet at the intersection of Eagle Road.
D. The applicant is not proposing any driveways on the new east/west collector road and none
should be approved. The site has insufficient frontage to offset a driveway on the new collector
road from both Eagle Road and the new commercial street.
E. District policy requires the applicant to construct a 5-foot wide concrete sidewalk on the new
east/west street that abutting the parcel prior to District approval of a final plat. The sidewalk
should be located two feet within the new right-of--way of the collector road. Coordinate the
location and elevation of the sidewalk with District staff.
F. The applicant is proposing to construct a commercial street off the new east/west collector
roadway located approximately 320-feet west of Eagle Road. The location of the roadway meets
District policy. The applicant should be required to construct the roadway as a 40-foot street
section with curbs, gutters, and 5-foot wide sidewalks within 58-feet ofright-of--way.
G. The applicant should be required to locate driveways on the commercial street a minimum of 50-
feet north of the new east/west collector road. The driveways should be constructed as 24 to 30-
foot wide curb cuts and paved their entire width to a point 30-feet beyond the edge of pavement
of the commercial street.
H. The applicant is proposing to construct a circular turnaround at the north end of the new north-
south commercial street. The turnaround should be constructed to provide a minimum turning
radius of 45-feet. Submit a design of the turnaround For review and approval by District staff.
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.
State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department
(ITD). Application materials should be submitted to ITD for review and requirements of that
Department and the applicant should submit to the District a letter from 1TD regarding said
requirements prior to District approval of the final plat or issuance of a building permit (or other
CAROL.CMM
Page 3
required permits), whichever occurs first. The applicant may contact District III Traffic Engineer
Michael Garz at 334-8340.
K. Graveled driveways abutting public streets create maintenance problems due to gravel being
tracked onto the roadway. In accordance with past action by the District the applicant should be
required to pave the driveway its frill width and at least 30-feet into the site beyond the edge of
pavement of all public streets.
L. As required by District policy, restrictions on the width, number and locations of driveways, may
be placed on future development of this parcel.
M. 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.
The following Site Specific Requirements and Standard Requirements must be met oi- provided
for prior to ACHD approval of the final plat:
Site Specific Requirements:
Dedicate 33-feet ofright-of--way for the new collector road along the south property line of the
site 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 compensated for all right-of--way dedicated as an
addition to existing right-of-~vay from available impact fee revemies in this benefit zone, if the
owner submits a letter of application to the impact fee administrator prior to breaking ground,
in accordance with Section 15 of ACHD Ordinance #193.
2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the
District a letter from ITD regarding said requirements prior to District approval of the final plat
or issuance of a building permit (or other required permits), whichever occurs first. Contact
District III Traffic Engineer at 334-8340.
The Eagle Road Access Study identified that the new east-west collector street located 2640-
feet north of Fairview Avenue tivill be restricted to right-i«/right-out operation as traffic
volumes on Eagle Road increased.
4. Utility street cuts in the ne~v pavement are not allowed unless approved in writing by the
District. Contact Construction Services at 387-6280 (with file number) for details.
As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel.
CAROL.CM~I
Pa`e 4
6. ~ Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the
parcel prior to District approval of a final plat. The sidewalk shall be located two feet within
the new right-of--way of the collector road. Coordinate the location and elevation of the
sidewalk with District staff.
7. Constntct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot
wide concrete sidewalks within 58-feet ofright-of--way, located as proposed 320-feet.
8. Locate driveways off the new commercial street a minimum of 50-feet north of the collector
roadway. Construct the driveways as 24 to 30-foot wide curb arts and paved their full width to
a point 30-feet beyond the edge of pavement of the commercial street.
9. Constntct an ACRD approved turnaround with a'45-foot radius at the north end of the new
north-south street. Submit a design of the turnaround for review and approval by District staff.
10. No access points to Eagle Road have been proposed and none are approved with this
application.
11. No access points to the new east-west street have been proposed and none are approved with
this application.
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the ACRD Planning and Development Supervisor. The request
shall specificallyidentify 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
rec~iest shall be submitted to the District no later than 9:00 a.m. on the day scheduled for
ACRD 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 ACRD 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.
CAROL.CMM
Page 5
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 ACRD 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 pem~it
(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 frill
business days prior to breaking ground within ACHD right-of--way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are
compromised during any phase of construction.
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 awaiver/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 bv:
Plannin~.and Development Staff
Commission Action:
April 12, 2000
CAROL.CMM
Page 6
Sent By: City 0'f Meridian; 2088886854; May-lti-00 10:57AM; Page 1/1
..-..
L' l C.~ / Y l ~~
5-l(0- b6
~~~- ~ 12-
Memo
~ Mayor 8 City Council
F~ornc srad Hawkins-Clark `~`~~'
C~ Shari Stiles, Nancy Taylor (J-U-B)
De~b~ 05/15/00
Ices File PP-00-007, Carol professional Center (Preliminary Plat)
j~,ECEIVED
ivsat~ ~ s Zooo
CITY OF MERIDIAN
CITY CLERK OFFICE
The subject application is Item #12 on your 5116100 agenda. The Applicant has submitted a revised plat and
SitalLandscape Plan addressing Staffs original comments. Staff has reviewed these revised plans and below
are the unresolved issues which should either be resolved at your meeting tomorrow or made additional
conditions of approval of the project:
2.
3.
• page 1
Itsm #1.7, pg. 3, of the P8Z Recommendation deals with the optioom trattlc signal for the future
intersection on Eagle RoadlSH 55. The Applicant made verbal testimony at the 4/11/00 P&Z
meeting to pay fot the opticom device, but there was also discussion that they would Ilke to be
proportionally reimbursed for the total cost once the Kleiner property to the south develops. This
item needs tD be finally resolved.
Th® plat proposes m construct a new, public cube-sac that would connect the office complex to
the 66 foot wllec6or road serving River Valley Elementary School. However, the first 250 feet of
this cul~de-sac is not located within the Applicant's property - it Ges within the Meridian Schoo)
Districts (MSD) property boundaries. The City has no documentation between the Applicant and
MSD agreeing to this arrangement. A condition should be added tp the Preliminary Plat that MSD
be added as a signatory on the plat, providing their consent as property owner to this 60 feet of
public right-of-way dedication.
Item #1.15, pg. 4, of the P8Z Recommendation on the CUP (File CUP-00 20) deals with the
parking stall sizes. The revised Site/Landscape Plan does modify the original submittal but still
shows ~J compact parking stalls In the project as 13-feet in length. City Ordinance 11-13JI.G.
requin:s a minimum l th of 15 feet for compact stalls. The Applicant proposes that a 2-foot curb
overhang allowance be figured in which would then meet the 15-foot minimum. But, after further
consideration, Staff feels the overhang allowance is only appropriate for sbndard size vehicles and
should not be granted for compact vehicles.
The total project has 87 more stalls than required Dy ordinance, so there is ample "design room" to
either omit or modify these compact areas. Staff recommends the Applicant either meet the
minimum 15-feet length for aN compact stalls or omit them altogether. This could be worked out
witli Staff during the building permit process, if Council so desires.
~' C ity +Df M er id ian
Pl ni n 8~ h oni ng
an g
MAY 16 '00 105? 2088886854 PAGE. 01
Sent By: City oT Meridian; 2088H86H54; M2y-15-00 2:47P
~ ~ ~ ~~~
~,(~-co
v
~ . ., i
Memo
~; Mayor 8~ City Council
~rorrts Brad Hawkins-Clark `~"~~'
t;C: Shat1 Stiles, Nancy Taylor (J-U-B)
Daf~+oc 05/15/00
rte; File PP-00-007. Carol Professional Center (Preliminary Plat)
The subject application is Item #12 on your 5/16/00 agenda. The Applicant has submitted a revised plat and
Site/Landscape Plan addressing Staffs original comments. Staff has reviewed these revised Plans and below
are the unresolved issues which should either be resolved at your meeting tomorrow or made additional
conditions of approval of the project
2.
3.
• Page 1
Item #1.7, pg. 3, of the P8Z Recommendation deals with the optioom traffic signal for the future
intersection on Eagle Road/SH 55. The Applicant made v®rbal testimony at the 4/11!00 P&Z
meeting to pay for file opticom device, but there was also discusses ~ t~htetsouth develops T h s
proportionally reimbursed for the total cost once the Kleiner property
item needs bo be finally resolved.
The plat proposes to construct a new, public cul-de-sac thaSwo~ki H~ev~er, the first 50 feet of
the 66-foot eollecwr road serving River Valley Elementary
this cul~le-sac is not located within the Applicants properly - it lies within the Meridian School
District's (MSD} property boundaries. The City has no documentation between the Appl~ant and
MSD agreeing to this arrangement A condition should be added to the Preliminary Plat that MSD
be added as a signatory on the plat, providing their consent as property owner to this 60 feet of
public right-of-way dedication.
Item #1.15, pg. 4, of the P8Z Recommendation on the CUP (File CUP-00-20) deals with the
parking stall sizes. The r~avrsed S'rteJLandscape Plan does modify the original submittal but still
shows ~ compact parking stalls in the project as 13-feet in length. City Ordinance 11-13-4.G.
requires a minimum ier-g of 15 feet for compact stalls. The Applicant proposes that a 2-foot curb
overhang aAowance be figured in which woukt then meet the 15-foot minimum. But, after further
oonsidera6on, Staff feels the overhang allowance is only appropriate for standard size vehicles and
should not be grac-ted for compact vehicles.
The total project has 87 more stalls than required by ordinance, so there is ample "design room" to
either omit or modify these compact areas. Staff recommends the Applicant either meet the
minimum 15-feet length for all compact stalls or omit them altogether. This could be worked out
with Staff during the building permit process, if Council so desires_
MAY 15 '®0 14=4'? 2088886854 PAGE. 01
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May 12, 2000
P P 00-007
MERIDIAN CITY COUNCIL MEETING May 16, 2000
APPLICANT ~-U-B Engineers ITEM NO. '~'
REQUEST Preliminary Plat approval of eight lots on 6.68 acres in proposed L-O
zone for proposed Carol Professional Center
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
See attached Recommendations
1~~ ~
~ ~~f
c~"1
BUREAU OF RECLAMATION:
OTHER: See attached revised Preliminary Plat and Landscaping Plan
Materials presented at public meetings shall become property of the City of Meridian.
JULIE KLm1 Flsctms.
WM. F. GIGRAY, Il[
BRINY J. JOHNSON
D. SAMUQ. JOHNSON
WII.LIAM A. Moaxow
WII.LIAM F. Nlcxol,s
CHRISTOPHF1t S. NYE
PHILIP A. PE1'Fdt$ON
STPaxEK L. Pxuss
ERtc S. ROSSMAN
TODD A. ROSSMAN
DAVID M. SWARTLEY
Tl~autaNCSR Wx[TE
WHITE, PETERSON, PR oS~SEYMORROW BL GIGRAY, P.A.
200 EAST CARLTON AVENUE
POST OI'FICE BOX 1150
~u:xmL~u. IDAHO 83680-1150
TF1. (208) 288-2499
Fnx(208)288-2501
~Q Apri125, 2000
~~~
To: StG
Af~e~ ,~
Re: Lion Case No. PP-00-007
wring Date: Mav 2. 2000
NAMF'A OFFICE
104 NINTx AvtaruE SouTx
POST OFFICEBOX 247
NAMPA, IDAHO 83653-0247
TEL (208)466-9272
FAX (208)466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
~~ ~ ,1~
APB 2 6 2ooa
CITY G~' ~`~II)I~~i
FINDINGS AND RECOMMECODAIT~IO SION PLANNING AND ZONING
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findin s and Recommendations of the Planning and
Zoning Commission shall be presented to the ~ity Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
impportant to have a consistent format by which matters are presented at the public hearings
beffore the City Council.
The City Council strongly recommends:
That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
prepared to state your position on this application by addressing the
Findings and Recommendations of the Plarimilg and Zoning Commission;
and
That you carefully complete (be sure it is legg~'ble) the Position
Statement if You disagree with the Findings and~Recommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you pprepare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight ($) copies. The copies will be
ppresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a ggrroup, it is strongl recommended that one Position
Statement be filled out for the group, wFiich can be signed by the representative for the group.
Very truly yours,
City Attorney's ice
Iyi
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR CAROL
PROFESSIONAL CENTER,
JUB ENGINEERS, INC.,
Applicant
Case No. PP-00-007
RECOMMENDATION TO CITY
COUNCIL
1. The property is approximately 6.68 acres in size and is generally located
at the west side of Eagle Road between Fairview and Ustick in Meridian, Idaho.
2. The owner of record of the subject property is Jon L. Barnes of Boise.
3. The Applicant is JUB Engineers, Inc. of Boise, Idaho.
4. The subject property is currently zoned R-T. There is an application
pending before the City Council for annexation and zoning from R-T to Limited
Office (L-O). The zoning of L-O is defined within the City of Meridian's Zoning and
Development Ordinance Section 11-7-2G.
5. The subject property is within the city limits of the City of Meridian.
6. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
7. The Applicant proposes to develop the subject property in the following
manner: as a professional office center.
RECOMMENDATION TO CITY COUNCIL - 1
PRELIMINARY PLAT -CAROL PROFESSIONAL CENTER -JUB ENGINEERS,
INC.
9. There are no significant or scenic features of major importance that
affect the consideration of this application.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the preliminary plat as
requested by the Applicant for the property described in the application, subject to
the following:
Adopt the Planning and Zoning and Engineering Staff comments as follows:
1.1 Sanitary sewer service to this site will be via extensions from the newly
installed main for the new River Valley Elementary School. Applicant
will be responsible to construct the sewer mains to and through this
proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Worlcs Department. Sewer manholes are to
be provided to keep the sewer lines on the south and west sides of the
centerline.
1.2 Water service to this site will be via extensions from newly installed
main for the new River Valley Elementary School. Applicant will be
responsible to construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and
routing with the Public Worlcs Department. Please provide the Public
works department with information on anticipated fire flow and
domestic water requirements for the proposed site. Water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the existing
mains should be monitored with the Meridian Water Department.
1.3 Two-hundred-fifty-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Worlcs Department. All
streetlights shall be installed at subdivider's expense. Typical locations
are at street intersections and/or fire hydrants.
RECOMMENDATION TO CITY COUNCIL - 2
PRELIMINARY PLAT -CAROL PROFESSIONAL CENTER - JUB ENGINEERS,
INC.
1.4 Underground year-round pressurized irrigation must be provided to all
landscape areas on site. Please submit hook-up and design details based
on the proposed landscaping. Due to the size of landscaped area,
primary water supply connection to the City's mains will not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
1.5 Applicant has not indicated whether the pressurized irrigation system
within this development is to be owned and maintained by an
association or the Nampa SL Meridian Irrigation District. If the system
is being proposed as a private system, plans and specifications for the
irrigation system shall be reviewed by the Public Worlcs Department as
part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to
plan approval. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If a creek or well
source is not available, asingle-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City
Engineer. If City water is proposed as a secondary source, developer
shall be responsible to pay water assessments for the entire common
open area.
1.6 The proposed north-south cul-de-sac is 487 feet in length (centerline of
east-west road to radius point of bulb). The maximum cul-de-sac length
permitted by the Subdivision Ordinance is 450 feet (Ordinance 12-4-
2.F). The Applicant must formally request a variance for the cul-de-sac
length as part of the Planned Unit Development application.
1.7 A condition of approval placed on this site by the Fire Department in
the approved Findings of Fact and Conclusions of Law for the
Comprehensive Plan Amendment (see File No. CPA-99-001, para. 11,
pg. 4) was that the future signalized intersection on Eagle Road/SH 55
will need to have Opticom traffic system installed by Properties West,
Inc.
1.8 The Stolcesberry Lateral easement is shown as 40 feet wide on the plat
RECOMMENDATION TO CITY COUNCIL - 3
PRELIMINARY PLAT -CAROL PROFESSIONAL CENTER - JUB ENGINEERS,
INC.
and 29 feet wide on the Site/Landscape Plan. Applicant should clarify
the actual width and make any subsequent edits to the plans. If the 40-
foot width is correct, a letter of approval or license agreement must be
obtained granting permission to plant in this easement.
1.9 A letter of approval or license agreement must be obtained from Idaho
Power Co. granting permission to plant in their easement. If this
easement is dedicated for overhead power lines, there may be a potential
conflict with these trees at full maturity.
1.10 In their report for Carol Subdivision Preliminary Plat, ACHD did not
reference cross access easements. Staff recommends cross access
easements be entered into and recorded between Lots 1-4 and 5-8, Bloclc
1. This recorded cross-access easement must be received at the time of
building permit application.
1.11 Staff recommends the 35-foot Eagle Road/SH 55 landscape setback,
currently shown as an easement, be platted as a separate common lot
within the subdivision. The draft CC~Rs submitted with the
application states each separate lot owner in the subdivision will be
responsible for construction, installation and maintenance of
landscaping on each building site. By placing responsibility for the Eagle
Road/SH55 landscape buffer with a single entity (the Subdivision
Owner's Association), greater consistency of design and maintenance
can be achieved and planting materials will mature at similar rates.
1.12 Six-foot-high, permanent perimeter fencing shall be required on the
northern boundary of the subdivision. Submit detailed fencing plans for
review and approval with submittal of the Final Plat. All required
fencing is to be in place prior to issuance of building permits. All fencing
must comply with Ordinance 12-4-10.F. of the Subdivision &
Development Ordinance.
1.13 All perimeter landscaping must be completed prior to issuance of
Certificate of Occupancy for any building within the subdivision.
1.14 The Final Plat must be recorded prior to issuance of any building
permits.
Adopt the recommendations of the Meridian Fire Department as follows:
RECOMMENDATION TO CITY COUNCIL - 4
PRELIMINARY PLAT -CAROL PROFESSIONAL CENTER - JUB ENGINEERS,
INC.
1.15 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
1.16 No parking of vehicles or trailers in cul-de-sac.
1.17 All roads will be installed before building is started with appropriate
street name signs.
Adopt the Recommendations of Central District Health as follows:
1.18 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
1.19 Run-off is not to create a mosquito breeding problem.
1.20 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.21 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Z:\Work\M\Meridian 15360M\Recommendations\CarolOfficePPlatRec.wpd
RECOMMENDATION TO CITY COUNCIL - 5
PRELIMINARY PLAT -CAROL PROFESSIONAL CENTER - JUB ENGINEERS,
INC.
b -- . ~ Meridian Planning and
April 11, 2000
Page 68
~`~ing Commission Meeting ~
just felt that with the landscaping and the open fence, the necessity for additional
setback was not there. We have seen this occur also at the elementary school over in
Boise that is in the business park by the Y-that works well there. I don't know if it is a
ten foot, but having the school next to a business park works well with the open space.
Brown: I move we close the public hearing.
Hatcher: Second it.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Hatcher: I motion that w~ recommend approval to City Council on the conditional use
permit for the 6.68 acres zoned LO for proposed Carol Professional Center by JUB
Engineers, west side of Eagle Road between Fairview and Ustick to include all staff
comments and recommendations.
Brown: Second.
Borup: Any discussion? All in favor.
MOTION CARRIED: ALL AYES
18.PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 6.68 ACRES
ZONED LO FOR PORPOSED CAROL PROFESSIONAL CENTER BY J-U-B
ENGINEERS, INC.-WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND
USTICK ROAD:
Borup: Brad, any additional comments. I'd like to open the public hearing.
Hawkins Clark: I ask to incorporate previous testimony.
Borup: Questions. I assume that the new site plan that you have does it address the
driveway width.
Hawkins Clark: On the revised plan there is one drive way that serves site F in the
northwest corner that is showing as 20 feet. That will need to be 25. 24 feet in terms of
internal isle width, we'd had no problems with in the past and that is what they are
showing on the majority of those but they do at the end of the culdesac, going to the
north showing 20, so we would ask that be increased to 25.
Borup: Okay. Anything else. Any additional testimony from the applicant. You like
your previous testimony incorporated on this item. Okay let the record show that.
Commissioner's.
. '` ~ Meridian Planning and ~~ning Commission Meeting Y`
April 11, 2000
Page 69
Hatcher: Mr. Chairman, I move we close the public hearing.
Brown: Second.
Borup: All in favor.
MOTION CARRIED: ALL AYES
Norton: Discussion? I have a question regarding the fire departments comments
regarding no parking along the culdesac. Do we need to have any kind of no parking
signs posted around that culdesac?
Hawkins Clark: Typically the radius on that 45 feet in terms of facilitating any kind of on
street parking, I don't know that it would really -
Norton: Why does the fire department make these comments if their-I mean. They
specifically ask for no parking of vehicles along there.
Borup: They want to be able to turn their engines around. There is plenty to back
around. There is more room there then there would be on a hammer head.
Hatcher: I don't think it is an issue.
Hawkins Clark: Could be related to painting the curbs, but we can request fire
department to write more specific details on that before the City Council meeting.
Borup: With three driveways coming off that culdesac, they can certainly turn around
there.
Brown: I move approval of the preliminary plat for 6.68 acres zoned LO for the
proposed Carol Professional center by JUB Engineers west side of Eagle Road
between Fairview and Ustick road subject to staffs comments and recommendation.
Hatcher: Second the motion.
Borup: All in favor.
MOTION CARRIED: ALL AYES
19.ADA COUNTY DEVELOPMENT SERVICES: FILE # 00-06ZC FOR ANTHONY R.
AND REBECCA ZANDERS -ZONE CHANGE FROM RT TO M-1 (LIMITED
INDUSTRIAL) OF PROPERTY CONTAINING 1 ACRE AND LOCATED AT 4670 W.
FRANKLIN ROAD, MERIDIAN -SECTION 10, T.3N., R.1W:
** TX CONFIRMh,iON REPORT **
DATE TIME TOiFROM
09 05115 09 44 20B 323 9336
May 12, 2000
,-..
AS OF MAY 15 ~~ 0947 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC--S 02'45" 007 038 OK
PP 00-007
MERIDIAN CITY COUNCIL MEEitNG May 16, 2000
APPLICANT J-U-B Engineers ITEM NO. 'a'
REQUEST Preliminary Plat approval of eight lots on 6.68 acres in proposed L-O
zone for proposed Carol Professional Center
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY See attached Recommendations
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
us WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER: See attached revised Preliminary Plat and Landscaping Plan
Materiok presented at pvbtic meetings shop become properly of the City of Meridian.
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Apri125, 2000
~~
To: Sti
~~~~
A~~ec ,
Re: ~.atiion Case No.
1•,~e~xiu,g Date:
PP-00-007
,M~v 2.2000
NAMPA UFFICE
104 N1xTN AVn'A1E Sovrtr
PC19T OGF7GF.' BOX ~}~
NAMT'A IDAHO 83653-02x7
l'f]... 206 466.9272
FAX ( 083466h40S
PLense REPLY TO
M6R>nuN OFFTCF.
R~~ ',~~~
APB 2 6 2000
CITY OF MIER~DIAN
FINDINGS AND RECOMMENDATIONS OF PI.A.NNING ANI~ ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findin and Recommendations of the Planning and
Zonistg Commission shall be presented to the ~ity Council at the public hearing on the above
referenced matter by the Plannrn and Zoning Administrator. Due to the volume of rnatters
which the City Council must deci~e, and to insure your position is understood and clear. it is
important to have a consistent format by which matters axe presented at the public hearings
before the City Council.
The City Council strongly recommends:
That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
pre aced to state your pposition on this application bX addressing the
Findings and Recornrnendations of the P]artnutg and Zonutg Comrluission;
and
2. That you careful complete (be sure it is 1e~'Ible) the Positions
Statement if you drsa~ree with the Findings and-Recommendations
of the Planning and Zoning Commission. 'The Position Statement
form for this application is available at the City Clerk's office.
It. is recommended that you ppre are a Position Statement altd deliver it to the
City Clerk prior to the hearing, if possible. Lf that is riot ppossible, pplease ~rescnt your Position
Statement to the City Cotmal at the hearing, along wit7ct eight (8) copses. The coppses will be
resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
~iry Attorney. If you are a part of a ~~xr'oup, it is strongly recommended that one Position
Statement be filled out fox the group, 'wFuich can he signed ~y the representative for the group.
Very truly yours,
City Attorney's ce
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~ LETTER OF TRANSMITTAL
~J•U•B ~
J-U-i._ -NGINEERS, Inc.
250 S. Beechwood Avenue
Suite 201
Boise, Idaho 83709-0944
Telephone: 208/376-7330
FAX: 208/323-9336
DATE : 5/9/00 Project No. 11507
PROJECT NAME:
PROJECT MANAGER: GARY A. LEE
To : WILL BERG
CITY CLERK
CITY OF MERIDIAN
33 E. IDAHO ST.
SUBJECT:
CAROL PROFESSIONAL CENTER -CITY
COUNCIL HEARING -MAY 16
~~~~
MAY 0 9 2000
THESE ARE TRANSMITTED AS CHECKED BELOW: FOR SIGNATURE
^ FOR APPROVAL ®AS REQUESTED ^
® FOR YOUR USE ®FOR REVIEW AND COMMENT ^ RETURNED FOR CORRECTIONS
^ FOR BIDS DUE , 1997. ^PRINTS RETURNED AFTER LOAN TO US
REMARKS:
ECEIV~ ~
,CITY CAF ..
CITY CLERK vrr•jCE
~~~~ ,__
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. J-u-6 CIV VIIYGGR~7, ~~~...
COPY FOR
SIGNED:
NANCY A. TAYLOR
RECEIVED BY:
PLEASE SIGN, DATE, AND RETURN COPY TO J-U-B.
GENTLEMEN: UNDER SEPARATE COVEF~N (~F 11AF ~ ~ nr A hl
ATTACHED ^ p~ @~ ""
We are sending you the following items: ®PRINTS ^ SAMPLES C~l~~~~ItJI-I-1~iE
^ SHOP DRAWINGS ^PLANS ^ CHANGE ORDER ^
^ COPY OF LETTER ^ CATALOG SHEETS ^
MERIDIAN PLANNING & ZONING MEETING: April 11 2000
APPLICANT: J-U-B ENGINEERS ITEM NUMBER: 18
REQUEST: PRELIMINARY PLAT FOR 6.68 ACRES LO ZONING FOR PROPOSED CAROL
PROFESSIONAL CENTER
AGENCY
CITY CLERK:
CITY ENGINEER:
SEE COMMENTS
CITY PLANNING & ZONING DEPT. COMMENTS COMING
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WASTE WATER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
~ ~
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~°~
OTHER:
COMMENTS
SEE COMMENTS
All Materials presented at public meetings shall become property of the City of Meridian.
~ HUB OF TREASURE VALLEY ~^~
MAYOR
Robed D. CoiTie
A Good Place to Live LEGAL DEPARTMENT
CITY OF MERIDIA (208) 288-z4<~~ • Fax z8s-2sol
CITY ~O~N~IL ~~E~,BERS N PUBLIC WORKS
Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT
Keith Bird MERIDIAN, IDAHO 83642 (208) 887-22u • Fax 887-1297
Tammy deWeerd (2~8) 888-4433 • Fa (208) 887-813 PLANNING AND ZONING
Cherie McCandless City Clerk Oftice Fax (308) 883-4213 DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000
TRANSMITTAL DATE: March 15. 2000 HEARING DATE: April 11, 2000
FILE NUMBER:
PP-00-007
REQUEST: PRELIMINARY PLAT FOR 6.68_ACRES, LO ZONING FOR PROPOSED
CAROL PROFESSIONAL CENTER
BY: J-U-B ENGINEERS, INC.
LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN
FAIRVIEW AND USTICK ROAD
SALLY NORTON, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P/Z
KEITH BORUP, P/Z
-ROBERT CORRIE, MAYOR
_RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
_KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
SANITARY SERVICE
-,BUILDING DEPARTMENT
~/ FIRE DEPARTMENT
POLICE DEPARTMENT
C ITY ATTO RN EY
-CITY ENGINEER
CITY PLANNER
.MERIDIAN .SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS: ~ ' / ~ ~~®
~~h~c.~j~ ~ fry, L~~s~ or ~" ~. :.Z-rv~
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I h"~CI~I'~rfZn.~~ ~7/~~ /"~1`~ ~~r.u~fYr'r /Ir~.~~`e.~~e
~~~~y
CENTRAL
•• DISTRICT
~11"HEALTH
DEPARTMENT
CEN I"RAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
Return to:
^ Boise
^ Eagle
^ Garden City
,~ Meridian
^ Kuna
^ acz
Rezone #
Use #
/ Final /Short Plat ~~ ~ pC~--CX~ 7
^ I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
MAR 2 q 2000
J.~ ~ .~ ~1~ :'r-.-atm. ~.:i.4id
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
8. After written approval from appropriate entities are submitted, we can approve this proposal for:
central sewage ^ community sewage system ^ community water well
^ interim sewage central water
^ individual sewage ~ individual water
9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division f Environmental Quality:
~entral sewage ^ community sewage system ^ community water
^ sewage dry lines ~ central water
10. Run-off is not to create a mosquito breeding problem.
I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
4. ~~~- s.~ s ~-r~ ~ i ~ .mac Ff ~,~ S'i G .-~ ~...~~T~2 Date: 3 / ~ ~ / 6 ~
~r~~ ~~~ ~~ ~ o--- e ~h.-.~io Reviewed By: P~~~,.t~/~~
[DHD ID/91 r~, rer. 7/91 Review Sheet
°CENTRAL
•• DISTRICT
~1"HEALTH
DEPARTMENT MAIN OFFICE ~ 107 N. ARMSTRONG PL. ~ BOISE, ID 837040825 • (2031375-~21' ~ FA\ 327 3~C
Tu prevent and treat disease and disability; to promote Ircalfl~y lifestyles: and to protect and promote Ibe lrealllr and quality n(utu• em~ironmcm.
STORM WATER MANAGEMENT RECOMMENDATIONS
It is recommended that storm water be pre-treated through a grassy Swale
prior to discharge to the subsurface to prevent impact to ground water and
surface water quality. The engineers and architects involved with the design
of this project should obtain current best management practices for storm
water disposal and design a storm water management system that is
preventing groundwater and surface water degradation. Manuals that could
be used for guidance are:
State of Idaho Catalog of Stormwater Best Management Practices For
Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality, July 1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, January 1997.
Serving [7lley, Elmore, Boise, and Ada Coutaties
Ada /Boise County Office
707 N Armsrong PI.
Boise, ID 83704
Enviro. Health: 327-7499
Family Planning: 327-7400
Immunizations: 327-7450
Senior Nutrition: 327-7460
WIC: 327-7488
FAX: 327-8500
Ada-WIC Satellite Office
1606 Robert St.
Boise. ID 83705
Ph. 334-3355
FAX: 334-3355
Elmore County Office
520 E. 8th Street N.
Mountain Home. ID 83647
Enviro. Health: 587-9225
Family Health: 587-4407
WIC : 58 7-4409
FAX: 587-3521
Valley County Office
703 N_ 1st Street
P O Box 1448
McCall, ID. 83638
Ph 634-7194
FAX: 534-21'4
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on May 16, 2000, for the purpose of reviewing and considering the
application of J-U-B Engineers, Inc., for annexation and rezoning of 6.68 acres from RT
to L-O for proposed Carol Professional Center generally located at the west side of
Eagle Road between Fairview Avenue and Ustick Road;
Furthermore, the applicant requests a Conditional Use Permit to construct an
office complex consisting of eight buildings as well as preliminary plat for eight lots.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 17th day of April, 2000
ILLIAM G. BERG, J ., Y CLERK
„'` G1 ~~~oP-~QR4 TFO ~.~
PUBLISH April 28th and may 12th, 2000
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Mayor
ROBERT D. CORRIE v
A Good Place LEGAL DEPARTMENT
,~4) 2gg_7499 . Fax 248-2501
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CITY OF M~ ~~k~~ r ~ T' ' Y/ J ~ PUBLIC WORKS
C
ty Council Members +
I
CHARLES ROUNTREE 33 EAST II BUILDING DEPARTMENT
(''-08) 847-2211 • Fax 887-L297
GLENN BENTLEY MERIDIAN, ID.
RON ANDERSON (208) 888-4433 • Fax PLANNING AND ZONING
DEPARTMENT
KEITH BIRD City Clerk Fax (208) titS2S-4tia (208) 884-533 • Faz 487-1297
MEMORAN DUM: Apri16, 2000
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To: ounc
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Planning & Zoning Commiss ,
From: Bruce Freckleton, Assistant to City Engineerc~~~''S
Brad Hawkins-Clark, Planner ~~ CITY O F M E R I D I A N
CITY CLERK OFFICE
Re: - Request for a Annexation and Zoning of 6.68 Acres from R-T to L-O by
Properties West, Inc. (J-U-B Engineers, Inc.) (File AZ-00-00~
- Preliminary Plat of 6.68 Acres and 8 Lots by Propert ies West, Inc. (J-U-B
Engineers, Inc.) (File PP-DO-00~
- Conditional Use Permit for an Office Complex in the Mixed/Planned Use
Development Area Consisting of Eight Buildings by Properties West, Inc. (J-
U-B Engineers, Inc.) (File CUP-00-020)
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATIONS BACKGROUND & SUMMARY
On November 16, 1999, the Meridian City Council passed Resolution No. 263, amending the
Comprehensive Plan Generalized Land Use Map for atwenty-acre parcel (a portion of which
includes the subject site) from a Single Family Residential designation to MixedlPlanned Use
Development. The same applicant (J-U-B Engineers, Inc.) and property owner (Properties West,
Inc.) submitted that Comprehensive Plan Amendment application, with the intention to develop
the acreage fronting on Eagle Road/SH 55 as an office park. A requirement in the 1993
Comprehensive Plan for development in Mixed/Planned Use areas is that all future development
be approved only under the conditional use permit (CUP) process.
[Correction -Note that the Applicant's CUP application and the City's transmittal incorrectly
state the reason for the CUP is to request a rear setback reduction from 20 feet to 10 feet. While
such setback reductions may be requested as part of a PUD application, the reason for the CUP is
that the development site falls within the M/PU area of the Comprehensive Plan Map.]
There are three separate applications covered in this report. The Annexation & Zoning
application proposes to annex a 6.68 acre parcel (7.73 acres including Eagle right-of--way) and
rezone the parcel from Rural Transitional (R-T) to Limited Office (L-O). The Preliminary Plat
application proposes to subdivide the parcel into eight (8) lots and to create two new, public
Carol Office Complex.AZCUP.PP.doc
AZ-99-020 and CUP-99-037
Mayor, Council and P&~ ~'
Apri16, 2000
Page 2
roads to serve this subdivision and the new River Valley Elementary School. The CUP
application proposes eight new, detached office buildings -- one on each parcel.
ACHD has prepared a draft report for the Preliminary Plat application. The ACRD Commission
hearing is set for April 12, 2000 at 7:00 pm.
Staff is recommending approval of the annexation, preliminary plat and conditional use
applications with the proposed conditions.
LOCATION & SURROUNDING PROPERTIES
The property is generally located along the west side of Eagle RoadISH 55 at the half-mile
section between Fairview Avenue and Ustick Road.
Properties to the north of the subject pazcel aze part of Carol's Subdivision. There aze three (3)
established single-family residences on lots ranging from 0.7 to 0.9 acre lots abutting this site.
These lots are separated from subject parcel by a combination of short, split rail and solid wood
fences. Ada County average valuation of the lots immediately adjacent to this azea is $212,635.
East of the subject pazcel are Eagle Road, scattered single family residential houses, and
agricultural land. The property to the south is currently agricultural farmland. Southwest of the
subject parcel is Packard Acres Subdivision. The 12 acres immediately west of the property is
owned by Meridian School District. River Valley Elementary School is currently being
constructed.
ANNEXATION AND ZONING GENERAL COMMENTS
The legal description stamped approved on 3-14-00 by Public Works Department is
correct and places the pazcel contiguous to existing city limits.
2. Staff agrees with the proposed L-O zone. The L-O zone is permitted and compatible with
the Mixed/Planned Use comprehensive plan designation. It provides for appropriate,
transitional uses between Eagle Road/SH 55 on the east and the school on the west. It
will also potentially serve to lessen the impact of future development on the 72-acre
Kleiner property to the south, which has a commercial designation in the comprehensive
plan.
3. Ordinance No. 11-7-2.G. cites the purpose of the L-O zone is to permit the establishment
of groupings of professional, executive, administrative, accounting, clerical and similar
uses and to act as a transitional use. The proposed application and zoning comply with
this intent.
4. The subject lots can be adequately served by public facilities, and the proposed uses will
allow for orderly expansion of the city limits.
Carol Office Compkx.AZCUP.PP.doc
AZ-94-022 and CUP-99-040
.-. .^~
Mayor, Council and P&Z
April 6, 2000
Page 3
ANNEXATION SITE SPECIFIC REQUIREMENTS
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be
shown on the site plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No variances have been requested
for tiling of any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
Off-street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance and/or as detailed in site-specific
requirements.
4. Paving and striping shall be in accordance with the standards set forth in Sections
11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. All site drainage shall be contained and disposed of on-site.
6. Outside lighting shall be designed and placed so as not to direct illumination on any
nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3.
7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted. Signage restrictions need to be included in
the development agreement.
8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
9. All construction shall conform to the requirements of the Americans with Disabilities
Act.
10. A minimum 35-foot landscape buffer is required along the east property boundary and a
minimum 20-foot landscape buffer is required along the north property boundary of site
and shall be a condition in the Development Agreement.
Carol Office Compiex.AZCUP.PP.doc
AZ-99-022 and CUP-99-OM1O
Mayor, Council and P&Z
Apri16, 2000
Page 4
11. Applicant shall be required to dedicate all right-of--way for the future east-west collector
street and the north-south cul-de-sac as required by ACRD prior to the issuance of any
building permits.
12. A Development Agreement shall be required as a condition of annexation.
PRELIMINARY PLAT GENERAL COMMENTS (File PP-00-007)
Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
No hydrants are currently shown on the preliminary plat.
3. Assessment fees for water and sewer service are determined during the building plan
review process. Applicant shall be required to enter into a Re-Assessment Agreement
with the City of Meridian for all commercial uses. An assessment agreement is a vehicle
that protects the City of Meridian and the Developer in the event that estimated
assessments are not in line with actual usages. The agreement provides for
reimbursement to the developer for over payment of assessments and payment to the City
of Meridian of any shortfall in assessments. The overpayment/shortfall is determined
after adequate historical usage.
PRLIMINARY PLAT REQUIREMENTS
1. Sanitary sewer service to this site will be via extensions from the newly installed main for
the new River Valley Elementary School. Applicant will be responsible to construct the
sewer mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department. Sewer manholes
are to be provided to keep the sewer lines on the south and west sides of the centerline.
2. Water service to this site will be via extensions from newly installed main for the new
River Valley Elementary School. Applicant will be responsible to construct the water
mains to and through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Please provide the Public
works department with information on anticipated fire flow and domestic water
requirements for the proposed site. Water service to this development is contingent upon
positive results from a hydraulic analysis by our computer model. Flow and pressure
from the existing mains should be monitored with the Meridian Water Department.
3. Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
4. Underground year-round pressurized irrigation must be provided to all landscape areas on
site. Please submit hook-up and design details based on the proposed landscaping. Due
Carol Office Complex.AZCUP.PP.doc
AZ-99-022 and CUP-99-040
.-.
Mayor, Council and P&Z
Apri16, 2000
Page 5
to the size of landscaped azea, primazy water supply connection to the City's mains will
not be allowed. Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source, developer shall
be responsible to pay water assessments for the entire common open area.
5. Applicant has not indicated whether the pressurized irrigation system within this
development is to be owned and maintained by an association or the Nampa & Meridian
Irrigation District. If the system is being proposed as a private system, plans and
specifications for the irrigation system shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual must be submitted prior to plan approval. The
City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a creek or well source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas prior
to signature on the final plat by the Meridian City Engineer. If City water is proposed as
a secondary source, developer shall be responsible to pay water assessments for the entire
common open azea.
6. The proposed north-south cul-de-sac is 487 feet in length (centerline of east-west road to
radius point of bulb). The maximum cul-de-sac length permitted by the Subdivision
Ordinance is 450 feet (Ordinance 12-4-Z.F). The Applicant must formally request a
variance for the cul-de-sac length as part of the Planned Unit Development application.
7. A condition of approval placed on this site by the Fire Department in the approved
Findings of Fact and Conclusions of Law for the Comprehensive Plan Amendment (see
File No. CPA-99-001, paza. 11, pg. 4) was that the future signalized intersection on Eagle
Road/SH 55 will need to have Opticom traffic system installed by Properties West, Inc.
8. The Stokesberry Lateral easement is shown as 40 feet wide on the plat and 29 feet wide
on the Site/Landscape Plan. Applicant should clarify the actual width and make any
subsequent edits to the plans. If the 40-foot width is correct, a letter of approval or license
agreement must be obtained granting permission to plant in this easement.
9. A letter of approval or license agreement must be obtained from Idaho Power Co.
granting permission to plant in their easement. If this easement is dedicated for overhead
power lines, there may be a potential conflict with these trees at full maturity.
10. In their report for Carol Subdivision Preliminary Plat, ACRD did not reference cross
access easements. Staff recommends cross access easements be entered into and
recorded between Lots 1-4 and 5-8, Block 1. This recorded cross-access easement must
be received at the time of building permit application.
11. Staff recommends the 35-foot Eagle Road/SH 55 landscape setback, currently shown as
an easement, be platted as a separate common lot within the subdivision. The draft
Carol Office Complex.AZ.CUP.PP.doc
AZ-99-OZ.' and CUP-94040
,-~.
Mayor, Council and P&Z
Apri16, 2000
Page 6
CC&Rs submitted with the application states each separate lot owner in the subdivision
will be responsible for construction, installation and maintenance of landscaping on each
building site. By placing responsibility for the Eagle Road/SH55 landscape buffer with a
single entity (the Subdivision Owner's Association), greater consistency of design and
maintenance can be achieved and planting materials will mature at similar rates.
12. Six-foot-high, permanent perimeter fencing shall be required on the northern boundary of
the subdivision. Submit detailed fencing plans for review and approval with submittal of
the Final Plat. All required fencing is to be in place prior to issuance of building permits.
All fencing must comply with Ordinance 12-4-10.F. of the Subdivision & Development
Ordinance.
13. All perimeter landscaping must be completed prior to issuance of Certificate of
Occupancy for any building within the subdivision.
14. The Final Plat must be recorded prior to issuance of any building permits.
CONDITIONAL USE COMMENTS
1. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
2. Staff believes the Site /Landscape Plan (Sheet L1) is generally in accord with the intent and
purpose of the Limited Office zone. The majority of the Comprehensive Plan policies cited
below are met with this Plan.
3. Generally, the City has required all uses within Planned Developments that are not submitted
at the time of the original application to submit separate CUP applications at the time- of
development. However, for this project, Staff agreed to accept an overall concept of Carol
Professional Center and require all future buildings to substantially comply with the
conditions placed on this application without being required to submit individual CUP
applications. Staff have proposed specific conditions related to this below. The architectural
conditions were taken from the draft CC&Rs and will be used to review all future buildings
within this subdivision. If there are significant modifications to any of the pad
designs/layouts as approved under this application, they would be required to submit new
CUP applications.
CONDITIONAL USE SITE SPECIFIC REQUIREMENTS
Public Works Requirements:
1. Determine the normal high groundwater elevation, and submit a profile of the subsurface
soil conditions as prepared by a soil scientist with the design of site drainage plan.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department.
Carol C~ce Complex.AZCUPPP.doc
AZ-99022 and CUP-99-010
Mayor, Council and P&Z~ ~
Apri16, 2000
Page 7
3. Please provide the Public Works Department with information on anticipated fire flow
and domestic water requirements for the proposed site.
4. Per Uniform Plumbing Code requirements, each building shall be served by independent
sewer and water services.
5. Assessment fees for water and sewer service aze determined during the building plan
review process. Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian. In addition to these assessments, water and sewer "Late Comers"
fees will also be charged against this pazcel to help reimburse the parties responsible for
installing the water and sewer mains to their current points.
6. Pazticulaz attention needs to be paid to lighting plans to ensure that lights do not cause
glare or impact adjacent residential properties or the traveling public, as determined by
the Meridian Public Works Department. The Public Works Department is in the process
of determining detailed standards for lighting.
Planning & Zoning Requirements:
The conditional use permit shall be subject to review upon ten days notice to the
Applicant. The conditional use permit should become null and void if work does not
commence within one year of approval and construction is not complete within two years
from date of approval. The conditional use permit should be made transferable from one
owner to a new owner or from tenant to tenant provided uses comply with Ordinance
requirements and construction proceeds in accordance with the approved conditional use
permit.
2. One monument sign is proposed for the site. An elevation was submitted with the CUP
application. The sign has a background area of approximately 130 s.f.. The City's draft
sign ordinance proposes project center signs in the L-O zone be allowed a maximum
background azea of 80 s.f.. Staff recommends this size restriction be placed as a condition
on this project and the sign area be reduced to 80 s.f.. No location for the sign was called
out on the Site/Landscape Plan. Applicant shall designate sign location for review and
approval by the Commission. All signage is subject to design review and separate
application to the City.
3. Staff strongly encourages the Association's Architectural Review Committee to establish
a coordinated sign program for all signs within the complex so materials complement
building azchitecture style and create a unified, consistent theme. All signage is subject to
design review and sepaaate application to the City.
4. The maximum allowed building coverage in the L-O zone is 50% per lot. A couple of the
proposed building pads appeaz close to this maximum. The Applicant shall provide
coverage calculations for all lots to demonstrate compliance with this ordinance. Staff
Carol Office Compkx.AZCUP.PP.doc
AZ-99-022 and CUP-99-040
.-,.
Mayor, Council and P&Z
Apri16, 2000
Page 8
understand these building envelope sizes may vary depending on future lot owners, but
the general location, maximum size and orientation for each lot must be approved with
this application.
5. The building pads shown on each lot do not reflect building orientation. While the
proposed elevations are similar for the front and rear, Applicant should designate
intended building orientations for Lot 1 and Lot 2, Block 1 (i.e. Eagle Rd. or the cul-de-
sac).
6. Coordinate the location and sizing requirements of screened trash enclosures with
Sanitary Service Company. Provide a letter of approval from Sanitary Service Company
prior to applying for building permits.
7. Provide a letter of approval from Ada County Highway District prior to applying for any
building permits that approves of the location of all curb cuts. Letter of approval shall
include recorded warranty deed or recorded plat for all necessary roadway dedications.
8. No details of hours of operation are provided. The office uses/hours shall be harmonious
with the residential homes to the north and east.
9. The minimum parking stall dimensions (as required by Ordinance 11-13-4.F.) aze not met
on a majority of the stalls shown on Sheet L1. The majority meet the minimum 9-foot
width but do not meet the minimum 19-foot length. As part of a PUD, Staff can support
reducing the length to 17 feet where a two foot overhang is available. This will depend, in
part, on the berm ratio. However, we recommend 18 feet minimum where stalls abut
sidewalks. The main problem lies with the proposed compact stalls on the eastern most
boundary. Ordinance 11-13-4.G. allows Applicant's to petition the Commission for
compact spaces, but only at a minimum size of 7 I/2' width and 15' length. These stalls
are shown at 13' length. Extending these stalls by two feet will reduce the drive aisle
width from 25' to 23'. Staff could support a 24' aisle, but not a 23' aisle. Additionally,
Staff recommend the compact stalls be dispersed evenly throughout the complex and not
in a single row. At least 70% of the stalls in this row should be standard size. The
applicant should address all of these parking dimension concerns.
10. No total off=street parking counts were provided as part of the application. This must be
provided prior to the P&Z Commission hearing. Staff counted a total of 333 stalls serving
all eight (8) building lots, or an average of 42 stalls per building. The ordinance requires
1 stall per 400 sq. ft. of gross floor area for professional office uses. The 333 stalls would
serve approximately 133,000 sq. ft. of office space. The proposed building pads (single
story} are dimensioned at approximately 73,000 sq. ft. Since individual CUP applications
are not being required for each future building, all off-street parking requirements must
be met on each lot. The plan appears to meet the minimum as is, but once the changes
required in #9 above are made, it will impact the total number.
11. All ADA requirements must be met for each building.
Carol Office Complex.AZ.CUP.PP.doc
.494-oTL and CUP-99040
Mayor, Council and P&Z ~
Apri16, 2000
Page 9
12. The pazking row against the east boundary shows fifty-five (55) stalls in a single row.
This is a large expanse of asphalt without any visuaUsoftening break. Staff recommends
at least two (2) landscape islands bump-outs with dimensions equivalent to a single stall
be provided within this row.
13. Staff recommends the inclusion of bicycle racks at each office building.
14. One, three inch (3") caliper tree is required per 1,500 s.f. of asphalt area on the site
(excluding rights-of--way). A total of I15 trees aze currently shown for the perimeter
landscaping. This appeazs to meet the ordinance. However, in order to ensure compliance
with this requirement, Applicant shall submit a calculation of the total amount of
proposed asphalt area.
15. Detailed landscape plans, including berm height, species, groundcovers, shrubs and
irrigation details must be submitted with each future building's Certificate of Zoning
ComplianceBuilding Permit application.
16. If possible, please reply in writing to all comments contained in this memorandum by
noon on April 10, 2000.
RELEVANT COMPREHENSIVE PLAN POLICIES
The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this
application. Staff has selected the following sections that most directly apply to the proposed
project:
The subject property is located in an azea designated asMixed/Planned Use Develo ment in the
Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area.
Economic Develoament Chapter
Policies 1.2 and 1.3, 1.9
Land Use Chapter
Policies 4.4U, 4.8U, 5.8, 5.9, 5.11, 5.14U, S.15U
Communit~Design~ tamer
Policies 1.3, 1.4, 2.IU, 2.2U, 2.3U, 2.SU
RECOMMENDATION
Staff recommends approval of the Annexation, Preliminary Plat and C.U.P. applications with the
above-stated conditions.
Carol Office Compkx.AZCUP PP.doc
Air99-022 and CUP-9090
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Account a DTI# Identification Amount: -
064514 218751 PUBLIC HEARING -CAROL $51 .96
Ordered by: P.O. n Rate Run Dates
SHELBY NT MAR. 24, APR. 7, 2000
CITY OF MERIDIAN Number of Lines
33 EAST IDAHO STREET 34
MERIDIAN, IDAHO 83642 Affidavit Legal ;t
1 6717
LEGAL NOTICE
PUBLIC HEARING
to
Inano 5treeT, Meridian, Idaho at the hour
of 7:00 p.m. on Aprii 11, 2000 for the pur-
pose of reviewing and considering the
application of J-U-B Engineers, Inc. for
annexation and zoning of 6.68 acres for
droposed Carol Professional Center.
Furthermore, the applicant requests a
conditional use permit to reduce the rear
setba~_k and preliminary plat for LO
zoning.
:• A more particular description of the
above property is on file in the City Cierk's
office at Meridian CiTy Hall, 33 East Idaho
StreeT, and is available for inspection dur-
ing regular business hours.
-A copy. of the application is available
upon request. Any and all interested per-
sons shall be heard at said public hearing
and the public is welcome and invited to
submit testimony.
DATED this 16th day of March, 2000
WILLIAM G. BERG, JR., CITY CLERK
Pub. Mar. 24, Apr. 7, 2000 6717
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: TWO
consecutive weekly asingle
consecutive daily ~X odd skip
insertion(s)
beginning with the issue of: MARCH 2 4 , 2000
and ending with the issue of: APRIL 7 2000
STATE OF IDAHO )
)SS
COUNTY OF ADA
On this 7 day of APRIL in the year of 2000
before me, a Notary Public, personally appeared before me Janice Hildreth
known or identified to me to be the person whose name subscribed to the
within instrument, and being by me first duly sworn, declared that the state-
ments therein are true, and ackno/w/ledged to m//e that she executed the same.
Notary Public for Idaho ~
Residing at: Boise, Idaho ~e~`""""•''-
My Commission expires: ~ ~.~~(~~} 1.+~F,~~~~~~ '';'
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-~ HUB OF TREASURE VALLEY
h7AYpR LEGAL DEPARTMENT
Robert D. Con-ie ~~ Good Place to Live ~ ('_08) 288-2499 • Fax 288-2501
CITY OF MERIDIAN PUBLIC WoaKs
CITY coUNC1L MEMBERS
33 EAST IDAHO BUILDING DEPARTMENT
Ron Anderson (208) 887-221 l • Fax 887-1297
Keith Bird MERIDIAN, IDAHO 83642
(208) 888-4133 • Fax (208) 837-48 L3 PLANN[NG AND ZONING
Tammy deWcerd City Clerk Office Fax (208) 888-4218 DEPARTMENT
Cherie McCandless (208) 884-5533 • Fax 888-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24 2000
TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11 2000
FILE NUMBER: PP-00-007
REQUEST: PRELIMINARY PLAT FOR 6.68 ACRES LO ZONING FOR PROPOSED
CAROL PROFESSIONAL CENTER
BY: J-U-B ENGINEERS INC.
LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN
FAIRVIEW AND USTICK ROAD
SALLY NORTON, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
_KEITH BIRD, C/C
TAMMY de WEERD, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
SANITARY SERVICE
BUILDING DEPARTMENT
IRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN .SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
REMARKS:
/ MAYOR `"` HUB OF TREr1SURE VALLEY ~`
A Good Place to Live LEGAL DEPARTMENT
Robert D. Corcie (208) 288-2499 • Fax 288-2501
CITY COUNCIL MEiVIBERS CITY OF MERIDIAN PUBLIC WORKS
Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT
Keith Bird MERIDIAN, IDAHO 83642 (-03> 887-221 I 'Fax 887-1297
Tammy deWeerd (208) 888-4=133 • Fax (208) 887-4813 PLANNING AND ZON-NG
Cherie McCandless City Clerk Oftice Fax (208) 888-4218 DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24. 2000
TRANSMITTAL DATE: March 15. 2000 HEARING DATE: April 11.2000
FILE NUMBER: PP-00-007
REQUEST: PRELIMINARY PLAT FOR 6.68 ACRES. LO ZONING FOR PROPOSED
BY: J-U-B ENGINEERS. INC.
LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN
FAIRVIEW AND USTICK ROAD
SALLY NORTON, P2
KENT BROWN, P2
THOMAS BARBEIRO, P2
RICHARD HATCHER, P2
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHERIE McCANDLESS, C/C
KEITH BIRD, C/C
~f`AMMY de WEERD, C/C
~~// WATER DEPARTMENT
SEWER DEPARTMENT
SANITARY SERVICE
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
RECEIVED
MAR 1 1 2000
Meridian City
Water Superintende>~t
.MERIDIAN .SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
COMMUNITY PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS: //~ ~ ~~n ~•-~~1'
- .Z -60
MAR 2 2 7~I~Q