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Hon, Jeff and Mike CUP 00-019~- ~_ ~ ,.. 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 Jeff and Mike Hon for a conditional use permit to continue use as an office/warehouse at back of property located at 357 E. Watertower Lane. 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 16th day of March, 2000. WILLIAM G. BERG, JR., I CLERK i~~,y~Z1i1:3P1/!!!!J PUBLISH March 24 & April 7, 2000. ~~~~ a. Q Z V V Z 0 J W 0 W Q W V LLB. O Q a O z 0 ~~ ~"`,. co .. . ;,..~ r i'' _~ ~. ~. .. v L E Q _ d ~O C ~ CCI.L O C N ~ N ~~~aYQo~ CEO mo~LL ~ E ~.O. O ~0 ~LL p_cd:= ~°~D CJd N O) N ~ LL X V O y U °~ Q cNO O « ~ LL . ~ 2 d ~ s `i a 3 a vi p m c ~ ~~ = aO .~ v c Z ~ O a~ = ~ LCOi ^ ^ p d ~ ~ ~ ~ c> N (0 U 7.~ N J ~ O Q 7 ~ U C ~' O a . ~~ .~ m E ~ a~ d O :- ~ °' Q ~ ~ ~ ~ ~ E ~°.~-' ~ U = U ~~- a~d:-m Q U 5 0 ^~~^ ~ .. ~ ~ Q E ~ LL o °' Op ~ N ~ ~ a~ o,~o a ~~ ~cwQ 5~ ~ U ~ ^~^ ao R 1 o ~ ti "V -, ~ ~ ~ ~ i ~ 3 C ~t am d ~ ~ c~~ p L V C a O ~ ~ O. 1A d ~ W .~ ~'Eo,E~ N _ C m V C C ~ 41 N ~ m~nod,cy ~ ayi a~cA N ~p _ C % C ~~ p c W ~ E a o a o 0 Y O Y ~ T N L 3 ~ ~. I O j, C ~ latl . U N a y V y D d ~ ~ N N o E E E c ~ U p'p0 N p ~ n~cmmv ;~~~d~~ v~E mL Em'XwBA m m m o ~ E o n ow m°-c~ t N ld N ~ ~'~'N U C N N E p ~ c d E m E=da-c m~pa~E ov d c~ c aEv~- d~$~ m o '9 !9O~ri~ dm$Ernm ~~ N c~ E o 0 N O "' ~ O p p C O O ..- (N > p '- N ~ p o c E L~ c m cow!-coo. ~o~N~=~a M vd~~~°v C w N N ~ ~ j ~ •~ _ c c a L N W O~ ro ~~ O'aCO~(A f6 m -~ o 1 d r ,`i:~ a3i a O~ E ~ ~ T ~ 9 C w > ~ N fl. O G ~ U Z a (/1 ° ~ n ~ S m ~ ~ Gp a ' \ O ~ ~d r ~,~R~ ~ 4 A ~~ ~~ ~ ~ ~ ~ ~ a4 o0 a ~, d ~ ~ ~ ~ ~ m z ~m z_> d ~ U d O N Q ~~' H Q _ ~ ~ ~. ~ N d ~ a ~~ a ti cE ~ °a ti ~ ~0 c GO . ¢Z ~ °'~ M M ~ ~ 0 ~ N '~O 1 ~ aDi LL. d~ N ~ p r N (h ~ T o. ~ {Oar- c r N M ~ ~ C4 1~ ~ ~ r r r r r H d Z ~ J ~- m ~ Q R ~ '~ '`, HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Cowie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (2p8> 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208 gg4-5533 • Fax 888-6854 Cherie McCandless 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24 2000 TRANSMITTAL DATE: March 6 2000 HEARING DATE: April 11, 2000 FILE NUMBER : CUP-00-019 REQUEST: CONDITIONAL USE PERMIT FOR CONTINUED USE AS OFFICE/WAREHOUSE ZONED C-G BY: JEFF HON/MIKE HON LOCATION OF PROPERTY OR PROJECT: BACK OF PROPERTY LOCATED AT 357 EAST WATERTOWER LANE _ SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ,+~~ ; a-: CuP-oo-O~~ ' ` ~.: NAME: .TE. FF ~o.v /~ l k€ ~ r•! PHONE: ~6 S' - 717 ~S7 E GENERAL LOCATION: /~3h+ce D~ PRoP~R rY DESCRIPTION OF PROPOSED CONDITIONAL USE: ~~REffou SE ZONING CLASSIFICATION: I certify that the information contained herein is true and correct. Signature o Applicant Social Security Number S'~9-62-68'~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing m the Meridian City Hall on at CONDTITONAL USE PERMIT submitted by the property generally described as located at -, TO .m. The purpose of the Hearing is to consider a for SUBDIVISION, BLOCK ,LOT R~C~~~ MAC 0 2 2000 t~it3- ®¢~ ~1rriaian ~'itv t:'E~rk~ffict Hon Contractors, Inc. 16790 Rose Park Drive Nampa, Idaho 83687 Phone (208) 465-7797 Fax (208) 465-"/ /y / Serving the Boise Valley since 1893 Feb. 1, 2000 R.E.: Application for a Conditional Use Permit supplemental information City of Meridian 357 Watertower Lane subject property Dear Sirs: In reference to your Contents of Conditional Use Application, the following information is provided. Numbers reference your Application instructions. 5 & 6. Existing use of present building is office/warehouse. Existing use of ground for the proposed building is unimproved. Proposed use of the subject properly is to continue as office/warehouse. 12. Characteristics of subject property that make a conditional use desirable: Utilize remaining unimproved property in a manner so as to compliment the existing building and adjoining properties. The proposed improvements will utilize colors similar to the existing building, provide additional parking for the existing building, and additional landscaping in an otherwise unimproved area. It will also curtail the potential advent of outside storage by tenants of the existing building by eliminating the unimproved area. A significant amount of open space will remain with the easement on the west side of the property containing the Eight Mile Lateral. 14. We hereby agree to pay any additional sewer, water, or trash fees or charges, if any, associated with the use of the proposed improvements. 16. We agree to post a sign on the property 1 week before the hearing stating we have applied for a Conditional Use Permit. Please let us know if we can provide any additional information to assist processing this application. Sincerely, ~, -~.r-----. 4 Jeff Hon .", ''~ Q Z V Z J W N O z w a W V LL LL O Y Q a oc 0 z 0 z P-182881 JB/HH RECORDED-RE EST OF AyAOR~ ER H FEE DE P~ a= t4 99080233 r-~ AoA couN' P><orI>~x Trrt>E Coll OF ADA COUNTY 1999 AU I 821 West State Street /Boise, Idaho 83702 (208) 336-6700 8151 W. Rifleman Street / B~oi~se.~,.,Id~aho 83704 (208) 377~~~v"_ Reviewed and approved by: SPACE ABOVE FOR RECORDING unto '?U,~ ~ M.>l~ M PIONEE7~ TITLE WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED JOSEPH J. HON, an unmarried man, as to an undivided 508 interest and MICHAEL B. HON, an unmarried than, as to an undivided 50% interest GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ROLAND L. HON, a married man as his sole and seperate property, as to an undivided 75Z interest GRANTEE(S), whose current address is: 7677 Mossy Cup, Boise, ID 83709 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: LOT 3 IN BLOCK 1 OF HONOR PARK SUBDIVISION N0. 2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 68 OF PLATS AT PAGES 6959 AND 6960, RECORDS OF ADA COUNTY, IDAHO. NOTE: THE INTENT OF THIS DEED IS FOR JOSEPH J. HON and MICHAEL B. HON TO RETAIN A 25~ UNDIVIDED OWNERSHIP INTEREST AND ROLAND L. HON TO HAVE A 75Z OWNERSHIP INTEREST IN THE ABOVE DESCRIBED PROPERTY. Tax Parcel No. 83720680100 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and chase made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: August 9, 1999 ~ ~ SEP J . ON _ M~CHi'~EL B . HON ~; Z~ ~' 's~ ~' t~ ~r~" STATE OF IDAHO ,County of Ada , ss. ~^ On this ''~~~~ 4,q~s~J ~' • B '~ day of n ' August , in the yeaz of 1999 , before me ~= the e d ~ • a Notary Public, personally appeared ' ~ ; SOS ' IC EL B. HON g g known o de n f t~~jp bet eReieson(s) whose name(s) are subscribed to the within C^ { instrume ,~ m~Zhat owlg~ ~UBy" theL executed the same. ~^ O ~~C~ ~r Notary Public: ~~ ~ ~~ ~ OP ~~ Residing at: BO ID Y, ~~ ~~q~uUN~ My Commission Expires: ~i~' uiise r^, ~' o®ca~ve®©~©X I D~ ~~~~ Z ~~ ~ ~~I~i ~~~a~~~~~ ~I DDW Qi~D~a _b=~~~°~'~ ~~~~ 5~ of D . g~~~~~ m ~ $~r° ~ r - ~ ~~ g~ ~ ~ ~ ~~ A ~~ ~~ ~~ ~ ~~ r ~ g ~3 a p> ~~ ~ o FI$$ ~ ~~ b ~ ~ ~ ~~ ~ ~~~ ~ ~ s ~~~~ ~ m. ~ - ~ ~ ~ g~ ,~ ~---------------- ------e-------- IXI9iRYa CAW1L + ~ I D ~ ~ EIGHT "TILE LATEp.AL ~ ~ ~ .i ~ o $ ~ ~ ~ ¢ '? -@ sEUrER LINE . Na=w TAP ~ ( I 1--~- -- - °' ~ i _ _ __ I i S I - - -- - -- - ---.-'-------~ I Z ~ ® ~ // ~~ gam- ~--~---~-~~ ---'---~~- ®@~ ®~ ~r ~~ I~ ' o A ~ '~ V ~ ) ' ~~ ~ ~ ~P ~ i m m ~~ i m m~~ I ~~~ ~'~ ~ r x. s i ~ ~-g E ooh 1 I Z 6 ~ v °E D~ ~/ `~ ~ / o ~ E ~~~ . i ~ E 0'~ 4a ~ ~ ~~/ ~ye.8 °~ j O m~ I ~ rX'D ~__ ~ m A ~ R~r~~i~ 'G$ ~®~p~p1 ' ~ ~ m~ ~ I~ WA ~ ~ ~~~ m ~ 11 ~~ ~ ~ /E ~ ,J~q car! ~~ $ sg ~ ~ i ~ J~ ~ ~ 1 ~d ~ / _ la ®® a® o o® o® ~ ©0 ~~ E~-~ ~-~ `/~ .y ~ i ®® ~~ 6 Tm W ,`Fill kA J r le - -- -- --------- ---- ----- -- ------ 1 s: - ~~,~~ H om~ ~ 3s• u +m~-or S rQ i~ ~~-~ n ~ ~~ ~X rW A3 ~ ~ ~~ CONDITIONAL USE MARCH 1, 2000 ~ nn ~ ~ 4 D N~ ~ ~~ ,~ ~~ g'~ €4 ° s ~;; ~ R 7 x "a SITE/LANDSCAPE PLAN HON CONTRACTORS D~~~C~a ~~~JDCO ~ ARCHITECT - PLANNER ~ n HONOR PARK WAREHOUSE ~~ OON3TA~noH H. JOHN COOK LOT 3 8LK 1 HONOR PARK SUBDIV. ~2 p°~ ~+ ~ "p+ (zos) 386-9700 ~~ ~-T7gl PAw aeb~m~ 1 171 5. ORCHARD STE. / 220 1,@WWAH DANO BOISE, IDAHO f~! ~ f ~ ~ ~ ~ ~~ ~, ~ ~~ ~ ~ ~ b r b ~ ~ Z D ~ ~ ~' ~ s :j i ~ ~; ~~ ~ ~ A m ~ ~ n m o c r °s °s ntractors nc. on o 16790 Rose Park Drive Nampa, Idaho 83687 Phone (208) 465-7797 Fax (208) 465-7797 Serving the Boise Valley since 1893 Feb. 1, 2000 To Whom It May Concern: As a vested owner of 357 E. Watertower Ln., Meridian, also known as Lot 3 Block 1 Honor Park No. 2, I hereby consent to the Conditional Use Application submitted to the City of Meridian requesting approval to place a second building on that lot. ?~aF/Y __ .. . ,1s21~1t C~L~'`" ..~,~ ~~i3~o2C0~1 __ ---- _- _ -- ~~ --- - ~ ~ ~~~~/ S r~ jD ~~. /~ ~ ~ 8 ~1f ® EE ~ # g ~ A ~ t _ -~ m~ Ao ~ ® _~ EE ~ ~ E ~ D. _ _ _ O= ~~ ~ ~ ' / 1, { ~ 9 I 1 ~ i ~ I ~ I ~ S i I 1 ~ 1 j Y ~ a ~ ' I ~' - _ - ~ ~ ~ ~ a _ _ ~ _ - ~ n __ - E _ -- ~ -- _.- ---- - I - - -_ - - - _- - - ~ =o f < -- R ~ D i ii - - o'~ - 3- ~ - - _ - \ __ I {~'' m --~Q _ _ ©~ Q -- 555 I . ' _ _ 1 ~ - .. . a `~ ~` p (, F A = ~~ a m .' q __ _ . q pi ~ ITl -- '- - - ~ ~ D ~ ~ m~ ~ n,_4„ =- ~ m ~ ~ O _ z ~ -- _ v _ _~, ~. _ - - ii -- ` - - -- ~ ~ ~~ D - - - __ _ % ~ - ~ I ~ t ~ ~~ _ - - _ _ _ _ _.. ~ _ . .... -_.. 111 E i f ~ 8 ~ E E - I{ ~, D ~1 - a ~p ~~ 1 ' ~ \ j ~~ D j 3 ~ a __ 3 ( g n k (~ j w ~ CONDITIONAL USE MAR. 1. 2000 S ~ Sa SF ~'; nv ~p ELEVATIONS HON CONTRACTORS ~~~~~~ ~1~~JD~© HONOR PARK .WAREHOUSE GEN./GGM. CONSTAUGTION ARCHITECT -PLANNER H. JOHN coon LOT 3 BLK 1 HONOR PARK SUBDIV •2 '~ ~+ JffF Hal (2oa) 386-9700 . 1111 S. ORCHARD STE. ~ 220 M63VWN, mNp Td{E8811869TiT FAX•IBET/W ROISE, IDAHO ;I ~ .~^ City of Meridian Conditional Use Permit Application Checklist Applicant: ~~,\,, (~,,,~~ o Project: 1. ~,~1,-~.-~~~, L~ ~'' ~ r+E~~,,:. -. ` 17a~: ~1~~l~Gr Date: ~1~3t p~; Item No. Description Comments ~ 1. 2. A licant contact information `- Pro ert owner contact information 3. Le a1 descri tion ~'.~~ ~: , ~~ . 4.a. 4.b. Warrant deed Notarized consent of ro ert owner ~, ~~ 5. Descri tion of existin use uildin use 6. Present use of ro ert (other land use 7. Pro osed use of ro ert 8. Zone of ro ert ~, 9. Vicinit ma - 30 co ies 10. Site Ian scale of not less than 1 "=50' - 35 co ies ~ ~ 10.a. Buildin location s 10.b. Parkin and loadin areas 10.c. Traffic access drives 10.d. Traffic circulation atterns ,~- j ~.C. v ervcommon s aces ~; 10.f. Landsca e lan ,,~ 10.. Refuse & service areas ,,,- 10.h. Utilities lan, includin : ---------_____ -Sewer - Water /= - Irri ation - Storm drama e ~ 10.i. Si na a ~ 10.". 8'/z" x 11" co of site lan 10.k. Buildin elevations rout, rear and sides 10.1. Construction materials (maybe included on elevations drawin 11. Surroundin ro ert mailin addresses ~ j 12 Characteristics of property that make conditional use desirable 13. A lication and mailin fee ~, 14. Additional services statement 15. 16. A lication verification statement _ Postin of ro ert affidavit r ~ ~, L. C ~tti~~~~ ") ,. ., tJ'l`.lb ~:z._,a~ : KZ.~ .~t..~ ~ i. fill ~1:, ~ ~ `~`c , ,. , ,, (~t'cl ~~,, `1 - '~ ~ l t ~W~ r1~:~:\ i .t ~ c~c, in\CUPChecklist2 .~ ~` ~COR~ D - E~~i.~~S ! J~ r~r. cUU'~TY RErG^o~~ MERIDIAN T ~. ^A4~I0 r;, Yr':RE;O FEE.-~EPI:TY y~~,~ ~~.~ ~~~~ _w~ r.'r~ .,. 20CIFE22 P~ 134 / 10101526E ~ 0 fl(c COPY COIVIlVIERCIAL LEASE AND DEPOSIT RECEIPT BY CITY OF MERIDIAN FOR 6,711 SQUARE FEET OF OFFICE SPACE AT 660 E. WATERTOWER LANE, SUITE 250 MERIDIAN, ID TO WILLIAM A. HON P.O. BOX 190870 BOISE, ID 83719 DECEMBER 19, 2000 .-. ~ ~. COMMERCIAL LEASE AND DEPOSIT RECEIPT RECEIVED FROM Citv of Meridian a Bodv Corporate of the State of Idaho, hereinafter referred to as LESSEE, the sum of $8,948.00 evtdenced by check, as a deposit, which shall belong to William A. Hon, ("Lessor") and shall be applied as first month's rent. Lessee offers to lease from Lessor the premises (the "Premises") situated in the City of Meridian, County of Ada, State of Idaho, described as 6,711 square feet of office space in Suite 250 of the building located at 660 E. Watertower Lane (the "Building"), upon the following terms and conditions: 1. TERM: The term of this Lease will be sixty (60) months commencing April 1, 2001 (the "Occupancy Date"). At any time after the Occupancy Date, within ten (10) days Lessor's request, Lessee agrees to provide Lessor with a written acknowledgment of the Occupancy Date (lease commencement date). Lessor agrees to allow Lessee reasonable access to the Premises prior to the Occupancy Date to install fixtures, a computer, a telephone system and move-in furniture. Further, Lessor agrees to allow Lessee to operate in the Premises upon completion of the tenant improvements outlined on Exhibit B of this Agreement. 2. RENT: Lessee hereby covenants and agrees to pay Lessor, or assigns, the total sum of Five Hundred Seventy Thousand Four Hundred Thirty Five Dollars ($570,435.00) payable in monthly installments of $8,948.00 for months One through Twelve (1 - 12), $9,227.63 for months thirteen through twenty-four (13 - 24), $9,507.25 for months twenty-five through thirty-six (25-36), $9,786.88 for months thirty-seven through forty-eight (37 - 48), and $10,066.50 for months forty- nine through sixty (49 - 60), herein "Base Rent". All rents will be paid to Lessor or his/her authorized agent, at the following address: William A. Hon, P.O. Box 190870 Boise ID 83719, or at such other places as may be designated by Lessor from time to time. In the event rent is not paid within five days after due date, Lessee agrees to pay a late charge of 10% plus interest at 18% per annum on the delinquent amount. Lessee further agrees to pay $25.00 for each dishonored bank check. The late charge period is not a grace period, and Lessor is entitled to make written demand for any rent if not paid when due. 3. OPERATING EXPENSE INCREASES: The Base Rent payable hereunder shall also be annually adjusted upwards beginning on the first anniversary date of the term of this Lease, and each year thereafter, by an amount that shall be Lessee's Proportionate Share of any increases in the Operating Expenses (as that term is defined below) paid or payable by Lessor, or estimated to be paid by Lessor, during the immediately preceding calendar year. As used in this Lease, the term "Operating Expenses" means: "Real Estate Taxes" which shall mean and include all general and special taxes and assessments levied upon or assessed against the Building and the land on_ which it is located (any tax levied in whole or in part in lieu of or in addition to real property taxes); "Operating Costs" which shall mean all reasonable costs of management, operation, and maintenance of the Building and the land on which it is situated, including without limitation wages, salaries, and compensation of employees; consulting, accounting, legal, janitorial, maintenance, guard, and other services; management fees and costs; maintenance and repairs; and any other costs, charges, and expenses that under generally accepted accounting principles would be regarded as management, maintenance, and operating expenses; "Utility Costs" which shall include the costs paid and incurred by Lessor for all utilities in connection with the Building, including, without limitation, the costs of heat ventilating and air conditioning, costs of furnishing gas, electricity or other fuels or power sources, and costs of furnishing water and sewer services, Initials: and the cost of waste disposal; and "Lessee's Proportionate Share" means the percentage equal to the square footage leased to Lessee under this Lease (6,711 square feet) over the total rentable square footage in the Building. 4. USE: The premises are to be used for the operation of Qovernmental offices, and for no other purpose, without prior written consent of Lessor. Lessee will not commit any waste upon the premises, or any nuisance or act which may disturb the quiet enjoyment of any tenant in the building. 5. USES PROHIBITED: Lessee will not use any portion of the premises for purposes other than those specified. No use will be made or permitted to be made upon the premises, nor acts done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance policies covering the property. Lessee will not conduct or permit any sale by auction on the premises. 6. ASSIGNMENT AND SUBLETTING: Lessee shall have the right to sublet all or any portion of the Premises or assign the lease at any time to an Affiliated Person of Lessee, Lessee's partner, a successor entity created by merger, reorganization, recapitalization, or acquisition, without Landlord's consent or approval. Lessee will not assign this Lease or sublet any portion of the Premises to any other party without prior written consent of the Lessor, which will not be unreasonably withheld. Any such assignment or subletting to another party without consent will be void and, at the option of the Lessor, will terminate this Lease. Lessee will not sublease for a profit. If Lessee assigns or sublets, Lessee shall remain responsible for the faithful performance and observance of all of its covenants and obligations set forth in the Lease. ORDINANCES AND STATUTES: Lessee will comply with all statutes, ordinances, and requirements of all municipal, state and federal authorities now in force, or which may later be in force, regarding the use of the premises. The commencement or pendency of any state or federal court abatement proceeding affecting the use of the premises will, at the option of the Lessor, be deemed a breach of this Lease. 8. MAINTENANCE, REPAIRS, ALTERATIONS: Unless otherwise indicated, Lessee acknowledges that the premises are in good order and repair and Lessor warrants that at the time of occupancy the premises are in good order and repair. Lessee shall, at his/her own expense, maintain the interior of the premises in a good and safe condition. Lessor shall maintain all systems and equipment, including electrical wiring, plumbing and heating and air conditioning installations and repairs, and any other system or equipment. The premises will be surrendered by Lessee, at termination of the Lease, in as good condition as received, normal wear and tear and damage from casualty excepted. Lessor will be responsible for maintenance of roof, exterior walls, and structural foundations (including any retrofitting required by governmental authorities). No improvement or alteration of the premises will be made without the prior written consent of the Lessor. 9. ENTRY AND INSPECTION: Lessee will permit Lessor or Lessor's agents to enter the premises at reasonable times and upon reasonable notice for the purpose of inspecting the premises, and will permit Lessor, at any time within ninety (90) days prior to the expiration of this Lease, to place upon the premises any usual "For Lease" signs and permit persons desiring to lease the premises to inspect the premises at reasonable times. 10. INDEMNIFICATION OF LESSOR: Lessor will not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the premises. Lessee agrees to hold Lessor harmless from any claims for damages arising out of Lessee's use of the premises, and to indemnify Lessor for any expense incurred by Lessor in defending any such claims. Initials: ~ ~ 11. POSSESSION: If Lessor is unable to deliver the premises to Lessee for the installation of tenant fixtures and furniture by March 1, 2001, Lessor will not be liable for any damage caused by fhe delay, nor will this Lease be void or voidable, but Lessee will not be liable for any rent until possession is delivered and the tenant improvements are substantially completed. Lessee may terminate this Lease if possession of the premises is not delivered to Lessee on or before April 15, 2001. 12. LESSEE'S INSURANCE: Except for such loss or damage as may be caused by the negligent or willful act of Lessor, its agents, or employees, Lessor shall not be liable to Lessee, its officers, agents, employees, customers, invitees or third parties for loss of or damage to property, including good, wares and merchandise, or for injury or death to persons, in on, or about the premises, and Lessee agrees to indemnify and save and hold Lessor harmless from and on account thereof howsoever arising or by whomever caused. During the term thereof, Lessee shall maintain in full force and effect with insurance companies "A" rated or better a comprehensive liability insurance policy, naming Lessor as an additional insured,. applicable to the Premises and the activities of Lessee therein with a combined single limit for bodily injury and property damage of not less than $1,000,000. A certificate evidencing such coverage and providing that the insurance may not be canceled without thirty (30) days prior written notice to Landlord shall be provided to Landlord within ten (10) days from occupancy. Lessee shall maintain in effect policies of insurance covering its fixtures, inventory, equipment and leasehold improvements located on the premises, in an amount not less than one hundred percent (100%) of their full replacement cost, providing protection against any peril included within the classification Special Form Coverage; including insurance against sprinkler damage, vandalism and malicious mischief. 13. LESSOR'S INSURANCE:. Lessor will maintain hazard & liability insurance covering one hundred percent (100%) actual replacement value of the Building throughout the Lease term. Lessor's insurance will -not insure Lessee's personal property, leasehold improvements, or trade fixtures. The foregoing policy of insurance shall be written with rent loss endorsements in favor of Lessor to cover a period of not less than twelve (12) months. 14. SUBROGATION: To the maximum extent permitted by insurance policies which may be owned by the parties, Lessor and Lessee waive any and all rights of subrogation which might otherwise exist. 15. UTILITIES & SERVICES: Lessor will pay for the following services to be delivered to the premises: electricity, water, gas, sewer and trash. Lessor shall provide janitorial services to the Premises five days per week. Lessee shall be responsible with all other services and utilities desired by Lessee, including but not limited to, telephone service. 16. SIGNS: Lessee, at Lessee's expense, shall be permitted to install signage on the front door of the Premises. All signage must be approved by the Lessor prior to installation and must comply with all applicable municipal codes. Lessor shall provide tenant signage on the building directory. . 17. ABANDONMENT OF PREMISES: Lessee will not vacate or abandon the premises at any time during the term of this Lease. If Lessee does abandon or vacate the premises, or is dispossessed by process of law, or otherwise, any personal property belonging to Lessee left on the premises will be deemed to be abandoned, at the option of Lessor. 18. CONDEMNATION: In the event that the premises are condemned in whole or in part and the remainder is not susceptible for use by the Lessee, this Lease will terminate upon the date which the condemnor acquires possession. All sums which may be payable on account of any condemnation will belong solely to the Lessor; except that Lessee will be entitled to retain any amount awarded to him/her for his/her trade fixtures or moving expenses. 19. TRADE FIXTURES: Any and all improvements made to the premises during the term will belong to the Lessor, except trade fixtures of the Lessee. Lessee may, upon termination, remove all his/her trade fixtures, but will pay for all costs necessary to repair any damage to the premises Initials: occasioned by the removal. 20. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term, from any cause, Lessor will promptly repair the premises, provided that such repairs can be reasonably made within sixty (60) days. Such partial destruction will not terminate this Lease, except that Lessee will be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs interferes with the business of Lessee on the premises. If the repairs cannot be made within sixty (60) days, this Lease may be terminated at the option of either party by giving written notice to the other party within the sixty (60) day period. 21. HAZARDOUS MATERIALS: Lessee will not use, store, or dispose of any hazardous substances upon the premises, except the use and storage of such substances that are customarily used in Lessee's business, and are in compliance with all environmental laws. Hazardous substances means any hazardous waste, substance or toxic materials regulated under any environmental laws or regulations applicable to the property. Lessee will be responsible for the cost of removal of any toxic contamination caused by lessee's use of the premises and indemnify Lessor from any damages caused by Lessee. Notwithstanding anything to the contrary contained in this, Lessee shall not be permitted to store or sell bottled oxygen on the premises. 22. INSOLVENCY: The appointment of a receiver, an assignment for the benefits of creditors, or the filing of a petition in bankruptcy by or against Lessee, will constitute a breach of this Lease by Lessee. 23. DEFAULT: In the event of any breach of this Lease by Lessee, Lessor may, at his/her option, terminate the Lease and recover from Lessee: (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that the Lessee proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided; and (d) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform his/her obligations under the Lease or which in the ordinary course of things would be likely to result therefrom. Lessor may, in the alternative, continue this Lease in effect, and Lessor may enforce all of Lessor's rights and remedies, under the Lease, including the right to recover the rent as it becomes due under the Lease. Lessor may terminate Lessee's right to possession of the premises without terminating this Lease. In such event, Lessor may retake possession of the premises and relet the premises to a replacement tenant, in which event Lessee shalt be liable for any amount by which the rent due and payable under this Lease exceeds rent paid by the replacement tenant, plus Lessor's costs to relet the premises, including leasing commissions and the cost of tenant improvements. If said breach of Lease continues, Lessor may, at any time thereafter, elect to terminate the Lease. The remedies set forth in this section are cumulative and will not limit any other rights or remedies which Lessor may have. If the Lessee fails to appropriate funds as permitted in Section 38 hereof, the remedies available to the Lessor shall be restricted to those described above, provided that once it has relinquished the Project and made any payments due hereunder for its then current fiscal year, the Lessee shall have no further liability under this agreement. 24. OPTION TO LEASE ADJOINING SPACE: In event the adjoining space is vacant or becomes vacant during the term of this Lease, Lessee shall have an Option to Lease the Adjoining Space provided that this Lease remains in full force and effect, and that no default under this Lease has occurred. Lessor shall notify Lessee in writing upon vacation of the adjoining space. Such Option for Adjoining Space will be granted and become effective only if exercised by written notice to Lessor, and once exercised, is irrevocable. In the event Lessee fails to give such written notice to Lessor not later than thirty (30) days following receipt of Lessor's written notice, the Option for Initials: Adjoining Space shall automatically terminate and expire, and Lessee shall have no further right to exercise the Option for Adjoining Space. Prior to delivery of possession, Lessee shall execute an Amendment to this Lease reflecting the addition to the premises, the additional Base Rent and Additional Rent, the change in ratio of the Premises to the Building area, and any other revisions necessary because of such additional space being added to the original Premises. All other terms and conditions of this Lease shall apply to the additional Premises. 25. DEPOSIT REFUNDS: The balance of all deposits will be refunded within thirty (30) days (or as otherwise required by law), from date possession is delivered to Lessor or his/her authorized agent after expiration of the term of this Lease, together with a statement showing any charges made against the deposits by Lessor. 26. ATTORNEY FEES: In any action or proceeding involving a dispute between Lessor and Lessee arising out of this Lease, the prevailing party will be entitled to reasonable attorney fees. 27. WAIVER: No failure of Lessor to enforce any term of this Lease will be deemed to be a waiver. 28. NOTICES: Any notice which either party may or is required to give, will be given by mailing the notice, postage prepaid, to Lessee at the premises, or to Lessor at the address shown in Item 2, or at such other places as may be designated in writing by the parties from time to time. Notice will be effective five days after mailing, or on personal delivery, or when receipt is acknowledged in writing. 29. HOLDING OVER: Any holding over after the expiration of this Lease, with the consent of Owner, will be a month-to-month tenancy at a monthly rent of one and one half (1 1/2) times the current monthly rent, payable in advance and otherwise subject to the terms of this Lease, as applicable, until either party will terminate the tenancy by giving the other party thirty (30) days written notice. 30. TIME: Time is of the essence of this Lease. 31. HEIRS, ASSIGNS, SUCCESSORS: This Lease is binding upon and inures to the benefit of the heirs, assigns, and successors of the parties. 32. TAXES: Lessor shall be responsible for all real property taxes assessed to the premises. Lessee shall be responsible for any taxes assessed in connection with Lessee's property. 33. PARKING: Lessee shall be entitled to a proportionate share of the parking for the Building; provided, Lessor reserves the right to assign all of Lessee's parking to certain areas in the parking lots for the Building. 34. OPTION TO RENEW: Provided that Lessee is not in default in the performance of this Lease, Lessee will have the option to renew the Lease for one (1) additional term(s) of six (60) months, commencing at the expiration of the initial Lease term. All of the terms and conditions of the Lease will apply during the renewal term, except that the monthly rent will be at the "then" market rent, which shall not be less than the rent for the previous year. The option will be exercised by written notice given to Lessor not less than nine 90 days prior to the expiration of the initial Lease term. If notice is not given within the time specified, this Option will expire. 35. LESSOR'S LIABILITY: In the event of a transfer of Lessor's title or interest to the property during the term of this Lease, Lessee agrees that the grantee of such title or interest will be substituted as the Lessor under this Lease, and the original lessor will be released of all further liability; provided, that all deposits will be transferred to the grantee. 36. ESTOPPEL CERTIFICATE: (a) On ten (10) days' prior written notice from Lessor, Lessee will execute, acknowledge, and deliver to Lessor a statement in writing: (1) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such Initial ~ ^ modification and certifying that this Lease, as so modified, is in full force and effect), the amount of any security deposit, and the date to which the rent and other charges are paid in advance, if any; and (2) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective buyer or encumbrancer of the premises. (b) At Lessor's option, Lessee's failure to deliver such statement within such time will be a material breach of this Lease or will be conclusive upon Lessee: (1) that this lease is in full force and effect, without modification except as may be represented by Lessor; (2) that there are no uncured defaults in Lessor's performance; and (3) that not more than one month's rent has been paid in advance. (c) If Lessor desires to finance, refinance, or sell the premises, or any part thereof, Lessee agrees to deliver to any lender or buyer designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or buyer. All financial statements will be received by the Lessor or the lender or buyer in confidence and will be used only for the purposes set forth. 37. SUBORDINATION: This Lease, at Lessor's option, shall be subject and subordinate to the lien of any mortgages or deeds of trust now or hereafter placed by Lessor on or against the premises. Such subordination shall be automatic without the necessity of the execution and delivery of any further instruments on the part of Lessee to effectuate such subordination; provided, however, that so long as Lessee complies with the obligations imposed upon Lessee in this Lease, neither Lessee nor its successors and permitted assigns (if approved by Lessor) shall be disturbed or molested in its possession of the premises. Tenant hereby acknowledges that this Lease is subject to the approval of Lessor's mortgagee, and agrees to execute such reasonable modifications and amendments to this Lease as may be required as a condition to such approval or such mortgagee's financing of the premises. Tenant furthere covenants and agrees to execute and deliver upon demand without charge therefor, such further instruments evidencing the subordination of this Lease to any such mortgage or deed of trust as may be required by Lessor or prospective purchasers or mortgagees fo the premises. 38. APPROPRIATION OF FUNDS AND RENEWAL OF AGREEMENT LEASE TERM: The Lessee, by entering into this agreement, acknowledges its current intention to make all Lease Payments due hereunder on the dates such Lease Payments are due (but does not commit to a legal or other obligation to make such payments or to incur any liability beyond its then current Fiscal Year). In the event the Lessee's governing body fails to include in its proposed budget or related documents for the ensuing Fiscal Year or fails to appropriate sufficient funds to fully fund all of Lessee's obligations to make Lease Payments hereunder for any future Fiscal Year, then the Lessee will immediately notify the Lessor or its assignee of such occurrence and the Lessee's right to possession of any property constituting the Project, and all its interest in the Project, shall terminate as of September 30 of the Fiscal Year in which the failure to appropriate occurs. In such case, the obligations of the Lessee and remedies of Lessor shall be limited as provided in Section 23. In the event that the Lessee's, governing body does appropriate and budget funds sufficient to make the Lease Payments for a Fiscal Year then the Lease Term of this Agreement shall be deemed renewed for such Fiscal Year. The Lessee agrees during the current Fiscal Year and during each Fiscal Year that the Lease Term of this Agreement is renewed (i) staff of the Lessee will present for consideration by the City Council of Lessee a budget request for the ensuing Fiscal Year containing an amount sufficient to make the Lease Payments scheduled for such Fiscal Year, (ii) that the City Council of the Lessee shall, for the ensuing Fiscal Year in which the Lease Payments are scheduled to be made, consider a budget request and appropriation of the expenditure of an amount sufficient to allow Lessee to make all Lease Payments due in such Fiscal Year; (iii) that, to the extent funds have been appropriated for the current Fiscal Year, it will make all such Lease Payments; and (iv) that if sufficient funds are appropriated and budgeted by it for the next Fiscal Year for the lease of the Project, then the Lease Term of this Agreement shall be deemed renewed for such Fiscal Year and shall be effective for such Fiscal Year. Initials~6+~- f~ Nothing in this Section or elsewhere in this Agreement shall be deemed in any way to oblgate the Lessee beyond its current Fiscal Year. If the Lessee fails or refuses to renew the Lease Term of this Agreement for the next Fiscal Year as permitted above, makes any payment due for the then current Fiscal Year from funds budgeted and appropriated for that purpose and relinquishes the Project as provided in Section 23 hereof. Then Lessee shall have no further liability under this Agreement. 39. SPECIAL PROVISIONS: Additional provisions are set forth in Exhibit A, attached hereto. 40. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by all parties. The following exhibits are a part of this Lease: Exhibit A: Special Provisions• Owner's Shell and Building Standard Tenant Improvements Exhibit B: Premises Floor Plan Initials: n The undersigned Lessee acknowledges that it has thoroughly read and approved each of the provisions contained in this Lease, and agrees to the terms and conditions specified, and acknowledges receipt of a copy hereof. ACCEPTANCE Lessor: William A. Hon B / ' r Y• Lessee: t of Meridian By: Ro orrie Its: Mavor Date: ~2 G Date: ~i G. Berg :Tr. Its: r~~ /Z-2v-2~oy x:ua.u 9t~ ~{~'r is• ''• .~ ~r . ~~. Initials: ~ EXHIBIT A 660 E. WATERTOWER LANE OWNER'S SHELL AND BUILDING STANDARD TENANT IMPROVEMENTS I. CORE IMPROVEMENTS TO BE PERFORMED BY OWNER The following is a description of the construction work provided by the Owner. A. Owner's Shell Core Structure Structure -The Owner shall construct all of the structural walls, floor slab, and roof of the building, together with all finished exterior surfaces, parking, landscaping and other exterior improvements. 2. Interior Construction -The Owner shall construct all mechanical rooms which serve the structure as a whole. B. Core Mechanical The Owner shall install roof mounted package HVAC units. C. Core Electrical The Owner shall provide complete electrical to all exterior areas including Tenant sign illumination, the main switchgear and meter panels. D. Core Plumbing The Owner shall supply restrooms to conform with Uniform building code for specific building use. E. Core Communications The Owner shall supply access to a central communications room for the Tenant's communications carrier. Terminal communication panels relating specifically to the Tenant's premises shall be located outside of the common communications room, and inside the useable area of the Tenant's premises only if required by Tenant. F. Core Fire Sprinklers Owner shall provide fire sprinkler risers, alarms, lines and one set of heads above the ceiling line. G. Core Entrance and Glazing The Owner shall provide all exterior glazing which shall be 1 " insulated glass with solar grade tinting. H. Hardware Entrance Deadbolt: Commercial grade locks. II. BUILDING STANDARD TENANT IMPROVEMENTS TO BE PERFORMED BY OWNER Initials: J/~ c' .-~ ~-. ON BEHALF OF TENANT A. Space Planning The Owner's architect shall do all space planning unless otherwise provided for in the Lease or otherwise agreed to by the Owner and Tenant in writing. B. Building Permits for Tenant Improvements The Owner shall obtain from the governmental entities having jurisdiction the Building Permits required for the construction installation of the Tenant improvements within the Tenant's premises. The cost of all building and other permits for Tenant's use shall be part of the Owner's contribution to Building Standard Tenant Improvements. C. Tenant Demising Walls Tenant demising walls between leased spaces, shall have 6" studs at 16" on center with 5/8" type `X' gypsum wallboard on each side. Fill cavity with R-19 Insulation. Extend wall to underside of roof structure and scribe to fit around obstructions. D. Interior Partition Walls: Shall be provided as shown on attached floor plan with 3-I/2" studs at 16" on center with 5/8" gypsum wallboard on each side. Extend wall to the underside of the suspended ceiling with a compressible gasket strip and four-way wire bracing and strut per UBC Standard 25-2 for seismic brace. Acoustical sealant to be applied under base plates. Finish to be exposed gypsum board surfaces. E. Interior Tenant Doors Doors, frames and hardware shall be provided as shown on the attached floor plan. Interior doors shall be 3' by 7' by 1-1/4, solid core, paint grade with hollow metal frames. Interior doors, unless pre-finished, shall be primed and fmished with two coats of semi-gloss enamel paint. F. Interior Wall Finishes Interior fmishes in the office areas shall be gypsum wallboard with light spray texture, one coat of primer and one coat of fmish to cover. Partition walls and interior wall assemblies in office areas shall be finished with 4" vinyl base. G. Hardware Interior partitions shall be furnished with Kwikset passage locks or equal. Hardware finish to be US26D or equal. H. Interior Woodwork: Maple wood window sills and skirts. I. Interior Glazing: Not Included in Building Standard Tenant Improvements. J. Floor Covering Floor covering to be selected by Tenant shall be Building Standard 26 oz. Commercial Carpet with 3/8" felt pad and tack strip application ($15.00 per sq. yd. allowance) in office Initials: ~ ~. areas. K. Ceilings Office ceilings shall have T-Bar ceilings with Building Standard 2'x4' `USG Fissured SLT ceiling tiles with DONN DX 15/16" grid or approved equal. White finish (050) on both the and grid. L. Cabinets and Coffee Bar Owner will provide coffee bars with sinks and lower cabinets as shown on the attached floor plan. Coffee bars to have laminated plastic tops. Cabinets to be building standard plastic laminate. M. Ceiling Fixtures One 2'x4' lay-in, florescent tube fixture for every 80 sq. It. of useable area within the Tenant's premises. N. Electrical Distribution Two duplex wall outlets in each office area within the Tenant's premises. 2. Single pole light switch: one per 250 sq. ft. of useable office area of within the Tenant's premises. 3. Battery powered emergency light per code. 4. Building exit light per code. 5. Phone data outlet: one per 150 sq. ft. of useable office area within the Tenant's premises. Phone data wiring is not part of the Building Standard Tenant Improvements. O. Fire Sprinklers and Protection System 1.15 sprinkler heads are allowed for each 144 sq. ft. of useable office area within the Tenant's premises. One S-Ib. wall mounted fire extinguisher as required. P. HVAC Standard multi-zone heating and cooling, adequate for normal office with one standard thermostat per zone. Building Standard Tenant Improvements shall include air distribution, with the necessary connections to make the systems operable. Q. Window Treatment: Horizontal wood blinds. Ill. TENANT IMPROVEMENTS TO BE COMPLETED AT TENANT EXPENSE A. Electric Fixtures and Equipment: All electric fixtures and equipment not included above. B. Gas Connections: All gas connections within Tenant's space not included above. C. Telephone: All conduits for telephone wires or computer networks from the central building panel to the leased premises and in the leased premises. Tenant shall make all arrangements for telephone service. Initials~~ "`~ ~ D. Walls: All special wall covering, glass partitions, or other special construction within the leased area. E. Coves and Ceilings: All special coves and ceilings. F. Furniture and Fixtures: All cabinets, woodwork, fixtures and equipment not furnished by Owner. G. Floor Coverings: All floor coverings above the allowance. H. Painting: Extra colors or special paint I. Alarm Systems: All alarm systems or other protective devices. J. Special Plumbing: All extra plumbing or fixtures required for tenant's special needs. K. Special Ventilation: All ventilation and related equipment, other than standard air conditioning/heating in office space. L. Hot Water Heater: Except as required for the toilet rooms and coffee bar sink (if included.) M. Electric Floor Outlets. N. Signs: Sign and installation of sign (copy and design subject to Owners approval). O. All architects' fees above allowance, special licensing fees and city or county permits for interior of Tenant's space. P. ACRD fees above business park rates. Initials EXHIBIT B PREMISES FLOOR PLAN ~,g~~~ ~~FlW'T F_OJR FLAN \ll.~ ~ •~ VLF ~i I ~z ~~ 1 ~~ I dms_to I spa 1 ~.L 1 ~a 1~ 1 ~~ 1 ~r 1 ~m ~~ ~ SECOND FLOOR PLAN t/S . ~'d Inirials: "`~l ~-. F~OR~~D - RE~i:~~S s ~F rD~; CuU'~TY RECD^~~~ M~RIDtAPI TY ~. u,~<<<n ~;;,~1,^:~tto FEE~~EPI~TY ~'~I'~r, ~'~ ~(Ir~ .; ~ . :~4 ' ~o~o~sz~2 10C! FE 22 P~ ~ 0 FILE COPY COMMERCIAL LEASE AND DEPOSIT RECEIl'T BY CITY OF MERIDIAN FOR 6,711 SQUARE FEET OF OFFICE SPACE AT 660 E. WATERTOWER LANE, SUITE 250 MERIDIAN, ID TO WILLIAM A. HON P.O. BOX 190870 BOISE, ID 83719 DECEMBER 19, 2000 COMMERCIAL LEASE AND DEPOSIT RECEIPT RECEIVED FROM City of Meridian, a Body Corporate of the State of Idaho, hereinafter referred to as LESSEE, the sum of $8,948.00 evidenced by check, as a deposit, which shall belong to William A. Hon, ("Lessor") and shall be applied as first month's rent. Lessee offers to lease from Lessor the premises (the "Premises") situated in the City of Meridian, County of Ada, State of Idaho, described as 6,711 square feet of office space in Suite 250 of the building located at 660 E. Watertower Lane (the "Building"), upon the following terms and conditions: TERM: The term of this Lease will be sixty (60) months commencing April 1, 2001 (the "Occupancy Date"). At any time after the Occupancy Date, within ten (10) days Lessor's request, Lessee agrees to provide Lessor with a written acknowledgment of the Occupancy Date (lease commencement date). Lessor agrees to allow Lessee reasonable access to the Premises prior to the Occupancy Date to install fixtures, a computer, a telephone system and move-in furniture. Further, Lessor agrees to allow Lessee to operate in the Premises upon completion of the tenant improvements outlined on Exhibit B of this Agreement. 2. RENT: Lessee hereby covenants and agrees to pay Lessor, or assigns, the total sum of Five Hundred Seventy Thousand Four Hundred Thirty Five Dollars ($570,435.00) payable in monthly installments of $8,948.00 for months One through Twelve (1 - 12), $9,227.63 for months thirteen through twenty-four (13 - 24), $9,507.25 for months twenty-five through thirty-six (25-36), $9,786.88 for months thirty-seven through forty-eight (37 - 48), and $10,066.50 for months forty- nine through sixty (49 - 60), herein "Base Rent". All rents will be paid to Lessor or his/her authorized agent, at the following address: William A. Hon, P.O. Box 190870, Boise, ID 83719, or at such other places as may be designated by Lessor from time to time. In the event rent is not paid within five days after due date, Lessee agrees to pay a late charge of 10% plus interest at 18% per annum on the delinquent amount. Lessee further agrees to pay $25.00 for each dishonored bank check. The late charge period is not a grace period, and Lessor is entitled to make written demand for any rent if not paid when due. 3. OPERATING EXPENSE INCREASES: The Base Rent payable hereunder shall also be annually adjusted upwards beginning on the first anniversary date of the term of this Lease, and each year thereafter, by an amount that shall be Lessee's Proportionate Share of any increases in the Operating Expenses (as that term is defined below) paid or payable by Lessor, or estimated to be paid by Lessor, during the immediately preceding calendar year. As used in this Lease, the term "Operating Expenses" means: "Real Estate Taxes" which shall mean and include all general and special taxes and assessments levied upon or assessed against the Building and the land on_ which it is located (any tax levied in whole or in part in lieu of or in addition to real property taxes); "Operating Costs" which shall mean all reasonable costs of management, operation, and maintenance of the Building and the land on which it is situated, including without limitation wages, salaries, and compensation of employees; consulting, accounting, legal, janitorial, maintenance, guard, and other services; management fees and costs; maintenance and repairs; and any other costs, charges, and expenses that under generally accepted accounting principles would be regarded as management, maintenance, and operating expenses; "Utility Costs" which shall include the costs paid and incurred by Lessor for all utilities in connection with the Building, including, without limitation, the costs of heat ventilating and air cotiditioning, costs of furnishing gas, electricity or other fuels or power sources, and costs of furnishing water and sewer services, Initials: and the cost of waste disposal; and "Lessee's Proportionate Share" means the percentage equal to the square footage leased to Lessee under this Lease (6,711 square feet) over the total rentable square footage in the Building. 4. USE: The premises are to be used for the operation of Qovernmental offices, and for no other purpose, without prior written consent of Lessor. Lessee will not commit any waste upon the premises, or any nuisance or act which may disturb the quiet enjoyment of any tenant in the building. 5. USES PROHIBITED: Lessee will not use any portion of the premises for purposes other than those specified. No use will be made or permitted to be made upon the premises, nor acts done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance policies covering the property. Lessee will not conduct or permit any sale by auction on the premises. 6. ASSIGNMENT AND SUBLETTING: Lessee shall have the right to sublet all or any portion of the Premises or assign the lease at any time to an Affiliated Person of Lessee, Lessee's partner, a successor entity created by merger, reorganization, recapitalization, or acquisition, without Landlord's consent or approval. Lessee will not assign this Lease or sublet any portion of the Premises to any other party without prior written consent of the Lessor, which will not be unreasonably withheld. Any such assignment or subletting to another party without consent will be void and, at the option of the Lessor, will terminate this Lease. Lessee will not sublease for a profit. If Lessee assigns or sublets, Lessee shall remain responsible for the faithful performance and observance of all of its covenants and obligations set forth in the Lease. 7. ORDINANCES AND STATUTES: Lessee will comply with all statutes, ordinances, and requirements of all municipal, state and federal authorities now in force, or which may later be in force, regarding the use of the premises. The commencement or pendency of any state or federal court abatement proceeding affecting the use of the premises will, at the option of the Lessor, be deemed a breach of this Lease. 8. MAINTENANCE, REPAIRS, ALTERATIONS: Unless otherwise indicated, Lessee acknowledges that the premises are in good order and repair and Lessor warrants that at the time of occupancy the premises are in good order and repair. Lessee shall, at his/her own expense, maintain the interior of the premises in a good and safe condition. Lessor shall maintain all systems and equipment, including electrical wiring, plumbing and heating and air conditioning installations and repairs, and any other system or equipment. The premises will be surrendered by Lessee, at termination of the Lease, in as good condition as received, normal wear and tear and damage from casualty excepted. Lessor will be responsible for maintenance of roof, exterior walls, and structural foundations (including any retrofitting required by governmental authorities). No improvement or alteration of the premises will be made without the prior written consent of the Lessor. 9. ENTRY AND INSPECTION: Lessee will permit Lessor or Lessor's agents to enter the premises at reasonable times and upon reasonable notice for the purpose of inspecting the premises, and will permit Lessor, at any time within ninety (90) days prior to the expiration of this Lease, to place upon the premises any usual "For Lease" signs and permit persons desiring to lease the premises to inspect the premises at reasonable times. 10. INDEMNIFICATION OF LESSOR: Lessor will not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the premises. Lessee agrees to hold Lessor harmless from any claims for damages arising out of Lessee's use of the premises, and to indemnify Lessor for any expense incurred by Lessor in defending any such claims. Initials: 11. POSSESSION: If Lessor is unable to deliver the premises to Lessee for the installation of tenant fixtures and furniture by March 1, 2001, Lessor will not be liable for any damage caused by the delay, nor will this Lease be void or voidable, but Lessee will not be liable for any rent until possession is delivered and the tenant improvements are substantially completed. Lessee may terminate this Lease if possession of the premises is not delivered to Lessee on or before April 1~, 2001. 12. LESSEE'S INSURANCE: Except for such loss or damage as may be caused by the negligent or willful act of Lessor, its agents, or employees, Lessor shall not be liable to Lessee, its officers, agents, employees, customers, invitees or third parties for loss of or damage to property, including good, wares and merchandise, or for injury or death to persons, in on, or about the premises, and Lessee agrees to indemnify and save and hold Lessor harmless from and on account thereof howsoever arising or by whomever caused. During the term thereof, Lessee shall maintain in full force and effect with insurance companies "A" rated or better a comprehensive liability insurance policy, naming Lessor as an additional insured,_applicable to the Premises and the activities of Lessee therein with a combined single limit for bodily injury and property damage of not less than $1,000,000. A certificate evidencing such coverage and providing that the insurance may not be canceled without thirty (30) days prior written notice to Landlord shall be provided to Landlord within ten (10) days from occupancy. Lessee shall maintain in effect policies of insurance covering its fixtures, inventory, equipment and leasehold improvements located on the premises, in an amount not less than one hundred percent (100%) of their full replacement cost, providing protection against any peril included within the classification Special Form Coverage, including insurance against sprinkler damage, vandalism and malicious mischief. 13. LESSOR'S INSURANCE: Lessor will maintain hazard & liability insurance covering one hundred percent (100%) actual replacement value of the Building throughout the Lease term. Lessor's insurance will not insure Lessee's personal property, leasehold improvements, or trade fixtures. The foregoing policy of insurance shall be written with rent loss endorsements in favor of Lessor to cover a period of not less than twelve (12) months. 14. SUBROGATION: To the maximum extent permitted by insurance policies which may be owned by the parties, Lessor and Lessee waive any and all rights of subrogation which might otherwise exist. 15. UTILITIES & SERVICES: Lessor will pay for the following services to be delivered to the premises: electricity, water, gas, sewer and trash. Lessor shall provide janitorial services to the Premises five days per week. Lessee shall be responsible with all other services and utilities desired by Lessee, including but not limited to, telephone service. 16. SIGNS: Lessee, at Lessee's expense, shall be permitted to install signage on the front door of the Premises. All signage must be approved by the Lessor prior to installation and must comply with all applicable municipal codes. Lessor shall provide tenant signage on the building directory. , 17. ABANDONMENT OF PREMISES: Lessee will not vacate or abandon the premises at any time during the term of this Lease. If Lessee does abandon or vacate the premises, or is dispossessed by process of law, or otherwise, any personal property belonging to Lessee left on the premises will be deemed to be abandoned, at the option of Lessor. 18. CONDEMNATION: In the event that the premises are condemned in whole or in part and the remainder is not susceptible for use by the Lessee, this Lease will terminate upon the date which the condemnor acquires possession. All sums which may be payable on account of any condemnation will belong solely to the Lessor; except that Lessee will be entitled to retain any amount awarded to him/her for his/her trade fixtures or moving expenses. 19. TRADE FIXTURES: Any and all improvements made to the premises during the term will belong to the Lessor, except trade fixtures of the Lessee. Lessee may, upon termination, remove all his/her trade fixtures, but will pay for all costs necessary to repair any damage to the premises Initials:~~ occasioned by the removal 20. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term, from any cause, Lessor will promptly repair the premises, provided that such repairs can be reasonably made within sixty (60) days. Such partial destruction will not terminate this Lease, except that Lessee will be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs interferes with the business of Lessee on the premises. If the repairs cannot be made within sixty (60) days, this Lease may be terminated at the option of either party by giving written notice to the other party within the sixty (60) day period. 21. HAZARDOUS MATERIALS: Lessee will not use, store, or dispose of any hazardous substances upon the premises, except the use and storage of such substances that are customarily used in Lessee's business, and are in compliance with all environmental laws. Hazardous substances means any hazardous waste, substance or toxic materials regulated under any environmental laws or regulations applicable to the property. Lessee will be responsible for the cost of removal of any toxic contamination caused by lessee's use of the premises and indemnify Lessor from any damages caused by Lessee. Notwithstanding anything to the contrary contained in this, Lessee shall not be permitted to store orsell-bottled oxygen on the premises. 22. INSOLVENCY: The appointment of a receiver, an assignment for the benefits of creditors, or the filing of a petition in bankruptcy by or against Lessee, will constitute a breach of this Lease by Lessee. 23. DEFAULT: In the event of any breach of this Lease by Lessee, Lessor may, at his/her option, terminate the Lease and recover from Lessee: (a) the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that the Lessee proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided; and (d) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform his/her obligations under the Lease or which in the ordinary course of things would be likely to result therefrom. Lessor may, in the alternative, continue this Lease in effect, and Lessor may enforce all of Lessor's rights and remedies, under the Lease, including the right to recover the rent as it becomes due under the Lease. Lessor may terminate Lessee's right to possession of the premises without terminating this Lease. In such event, Lessor may retake possession of the premises and relet the premises to a replacement tenant, in which event Lessee shall be liable for any amount by which the rent due and payable under this Lease exceeds rent paid by the replacement tenant, plus Lessor's costs to relet the premises, including leasing commissions and the cost of tenant improvements. If said breach of Lease continues, Lessor may, at any time thereafter, elect to terminate the Lease. The remedies set forth in this section are cumulative and will not limit any other rights or remedies which Lessor may have. If the Lessee fails to appropriate funds as permitted in Section 38 hereof, the remedies available to the Lessor shall be restricted to those described above, provided that once it has relinquished the Project and made any payments due hereunder for its then current fiscal year, the Lessee shall have no further liability under this agreement. 24. OPTION TO LEASE ADJOINING SPACE: In event the adjoining space is vacant or becomes vacant during the term of this Lease, Lessee shall have an Option to Lease the Adjoining Space provided that this Lease remains in full force and effect, and that no default under this Lease has occurred. Lessor shall notify Lessee in writing upon vacation of the adjoining space. Such Option for Adjoining Space will be granted and become effective only if exercised by written notice to Lessor, and once exercised, is irrevocable. In the event Lessee fails to give such written notice to Lessor not later than thirty (30) days following receipt of Lessor's written notice, the Option for Initials: ~ ~ Adjoining Space shall automatically terminate and expire, and Lessee shall have no further right to exercise the Option for Adjoining Space. Prior to delivery of possession, Lessee shall execute an Amendment to this Lease reflecting the addition to the premises, the additional Base Rent and Additional Rent, the change in ratio of the Premises to the Building area, and any other revisions necessary because of such additional space being added to the original Premises. All other terms and conditions of this Lease shall apply to the additional Premises. 25. DEPOSIT REFUNDS: The balance of all deposits will be refunded within thirty (30) days (or as otherwise required by law), from date possession is delivered to Lessor or his/her authorized agent after expiration of the term of this Lease, together with a statement showing any charges made against the deposits by Lessor. 26. ATTORNEY FEES: In any action or proceeding involving a dispute between Lessor and Lessee arising out of this Lease, the prevailing party will be entitled to reasonable attorney fees. 27. WAIVER: No failure of Lessor to enforce any term of this Lease will be deemed to be a waiver. 28. NOTICES: Any notice which either party may or is required to give, will be given by mailing the notice, postage prepaid, to Lessee at the premises, or to Lessor at the address shown in Item 2, or at such other places as may be designated in writing by the parties from time to time. Notice will be effective five days after mailing, or on personal delivery, or when receipt is acknowledged in writing. 29. HOLDING OVER: Any holding over after the expiration of this Lease, with the consent of Owner, will be a month-to-month tenancy at a monthly rent of one and one half (1 1/2) times the current monthly rent, payable in advance and otherwise subject to the terms of this Lease, as applicable, until either party will terminate the tenancy by giving the other party thirty (30) days written notice. 30. TIME: Time is of the essence of this Lease. 31. HEIRS, ASSIGNS, SUCCESSORS: This Lease is binding upon and inures to the benefit of the heirs, assigns, and successors of the parties. 32. TAXES: Lessor shall be responsible for all real property taxes assessed to the premises. Lessee shall be responsible for any taxes assessed in connection with Lessee's property. 33. PARKING: Lessee shall be entitled to a proportionate share of the parking for the Building; provided, Lessor reserves the right to assign all of Lessee's parking to certain areas in the parking lots for the Building. 34. OPTION TO RENEW: Provided that Lessee is not in default in the performance of this Lease, Lessee will have the option to renew the Lease for one (~ additional term(s) of six (60) months, commencing at the expiration of the initial Lease term. All of the terms and conditions of the Lease will apply during the renewal term, except that the monthly rent will be at the "then" market rent, which shall not be less than the rent for the previous year. The option will be exercised by written notice given to Lessor not less than nine 90 days prior to the expiration of the initial Lease term. If notice is not given within the time specified, this Option will expire. 35. LESSOR'S LIABILITY: In the event of a transfer of Lessor's title or interest to the property during the term of this Lease, Lessee agrees that the grantee of such title or interest will be substituted as the Lessor under this Lease, and the original lessor will be released of all further liability; provided, that all deposits will be transferred to the grantee. 36. ESTOPPEL CERTIFICATE: (a) On ten (10) days' prior written notice from Lessor, Lessee will execute, acknowledge, and deliver to Lessor a statement in writing: (1) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such Initial modification and certifying that this Lease, as so modified, is in full force and effect), the amount of any security deposit, and the date to which the rent and other charges are paid in advance, if any; and (2) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective buyer or encumbrancer of the premises. (b) At Lessor's option, Lessee's failure to deliver such statement within such time will be a material breach of this Lease or will be conclusive upon Lessee: (1) that this lease is in full force and effect, without modification except as may be represented by Lessor; (2) that there are no uncured defaults in Lessor's performance; and (3) that not more than one month's rent has been paid in advance. (c) If Lessor desires to finance, refinance, or sell the premises, or any part thereof, Lessee agrees to deliver to any lender or buyer designated by Lessor such financial statements of Lessee as may be reasonably required by such lender or buyer. All financial statements will be received by the Lessor or the lender or buyer in confidence and will be used only for the purposes set forth. 37. SUBORDINATION: This Lease, at Lessor's option, shall be subject and subordinate to the lien of any mortgages or deeds of trust now or hereafter placed by Lessor on or against the premises. Such subordination shall be automatic without the necessity of the execution and delivery of any further instruments on the part of Lessee to effectuate such subordination; provided, however, that so long as Lessee complies with the obligations imposed upon Lessee in this Lease, neither Lessee nor its successors and permitted assigns (if approved by Lessor) shall be disturbed or molested in its possession of the premises. Tenant hereby acknowledges that this Lease is subject to the approval of Lessor's mortgagee, and agrees to execute such reasonable modifications and amendments to this Lease as may be required as a condition to such approval or such mortgagee's financing of the premises. Tenant furthere covenants and agrees to execute and deliver upon demand without charge therefor, such further instruments evidencing the subordination of this Lease to any such mortgage or deed of trust as may be required by Lessor or prospective purchasers or mortgagees fo the premises. 38. APPROPRIATION OF FUNDS AND RENEWAL OF AGREEMENT LEASE TERM: The Lessee, by entering into this agreement, acknowledges its current intention to make all Lease Payments due hereunder on the dates such Lease Payments are due (but does not commit to a legal or other obligation to make such payments or to incur any liability beyond its then current Fiscal Year). In the event the Lessee's governing body fails to include in its proposed budget or related documents for the ensuing Fiscal Year or fails to appropriate sufficient funds to fully fund all of Lessee's obligations to make Lease Payments hereunder for any future Fiscal Year, then the Lessee will immediately notify the Lessor or its assignee of such occurrence and the Lessee's right to possession of any property constituting the Project, and all its interest in the Project, shall terminate as of September 30 of the Fiscal Year in which the failure to appropriate occurs. In such case, the obligations of the Lessee and remedies of Lessor shall be limited as provided in Section 23. In the event that the Lessee's, governing body does appropriate and budget funds sufficient to make the Lease Payments for a Fiscal Year then the Lease Term of this Agreement shall be deemed renewed for such Fiscal Year. The Lessee agrees during the current Fiscal Year and during each Fiscal Year that the Lease Term of this Agreement is renewed (i) staff of the Lessee will present for consideration by the City Council of Lessee a budget request for the ensuing Fiscal Year containing an amount sufficient to make the Lease Payments scheduled for such Fiscal Year, (ii) that the City Council of the Lessee shall, for the ensuing Fiscal Year in which the Lease Payments are scheduled to be made, consider a budget request and appropriation of the expenditure of an amount sufficient to allow Lessee to make all Lease Payments due in such Fiscal Year; (iii) that, to the extent funds have been appropriated for the current Fiscal Year, it will make all such Lease Payments; and (iv) that if sufficient funds are appropriated and budgeted by it for the next Fiscal Year for the lease of the Project, then the Lease Term of this Agreement shall be deemed renewed for such Fiscal Year and shall be effective for such Fiscal Year. Initials .'~, n Nothing in this Section or elsewhere in this Agreement shall be deemed in any way to obligate the Lessee beyond its current Fiscal Year. If the Lessee fails or refuses to renew the Lease Term of this Agreement for the next Fiscal Year as permitted above, makes any payment due for the then current Fiscal Year from funds budgeted and appropriated for that purpose and relinquishes the Project as provided in Section 23 hereof. Then Lessee shall have no further liability under this Agreement. 39. SPECIAL PROVISIONS: Additional provisions are set forth in Exhibit A, attached hereto. 40. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by all parties. The following exhibits are a part of this Lease: Exhibit A: ~ecial Provisions: Owner's Shell and Building Standard Tenant Improvements Exhibit B: Premises Floor Plan Initial~~ n 'The undersigned Lessee acknowledges that it has thoroughly read and approved each of the provisions contained in this Lease, and agrees to the terms and conditions specified, and acknowledges receipt of a copy hereof. ACCEPTANCE Lessor: William A. Hon By: .. Lessee: t of Meridian By: Ro orrie Its: Mavor e~~~~,,„n rr n r ra t~`~~~J .~ illiam G. Berg ~Jr. ~~~d ~ .+ Date: ~2 G Date: ~i 'y-20-2~ov T=~~~ ~~' Fa S a r,, L C~~., ~ ~~ ~~a -, ~. ,S yt~%fr;; ; ,.g;~tt~t~ Initials: ~ .-~~ EXHIBIT A 660 E. WATERTOWER LANE OWNER'S SHELL AND BUILDING STANDARD TENANT IMPROVEMENTS I. CORE IMPROVEMENTS TO BE PERFORMED BY OWNER The following is a description of the construction work provided by the Owner. A. Owner's Shell Core Structure Structure -The Owner shall construct all of the structural walls, floor slab, and roof of the building, together with all fmished exterior surfaces, parking, landscaping and other exterior improvements. 2. Interior Construction -The Owner shall construct all mechanical rooms which serve the structure as a whole. B. Core Mechanical The Owner shall install roof mounted package HVAC units. C. Core Electrical The Owner shall provide complete electrical to all exterior areas including Tenant sign illumination, the main switchgear and meter panels. D. Core Plumbing The Owner shall supply restrooms to conform with Uniform building code for specific building use. E. Core Communications The Owner shall supply access to a central communications room for the Tenant's communications carrier. Terminal communication panels relating specifically to the Tenant's premises shall be located outside of the common communications room, and inside the useable area of the Tenant's premises only if required by Tenant. F. Core Fire Sprinklers Owner shall provide fire sprinkler risers, alarms, lines and one set of heads above the ceiling line. G. Core Entrance and Glazing The Owner shall provide all exterior glazing which shall be 1" insulated glass with solar grade tinting. H. Hardware Entrance Deadbolt: Commercial grade locks. II. BUILDING STANDARD TENANT IMPROVEMENTS TO BE PERFORMED BY OWNER Initials ... ^~ ON BEHALF OF TENANT A. Space Planning The Owner's architect shall do all space planning unless otherwise provided for in the Lease or otherwise agreed to by the Owner and Tenant in writing. B. Building Permits for Tenant Improvements The Owner shall obtain from the governmental entities having jurisdiction the Building Permits required for the construction installation of the Tenant improvements within the Tenant's premises. The cost of all building and other permits for Tenant's use shall be part of the Owner's contribution to Building Standard Tenant Improvements. C. Tenant Demising Walls Tenant demising walls between leased spaces, shall have 6" studs at 16" on center with 5/8" type `X' gypsum wallboard on each side. Fill cavity with R-19 Insulation. Extend wall to underside of roof structure and scribe to fit around obstructions. D. Interior Partition Walls: Shall be provided as shown on attached floor plan with 3-1/2" studs at 16" on center with 5/8" gypsum wallboard on each side. Extend wall to the underside of the suspended ceiling with a compressible gasket strip and four-way wire bracing and strut per UBC Standard 25-2 for seismic brace. Acoustical sealant to be applied under base plates. Finish to be exposed gypsum board surfaces. E. Interior Tenant Doors Doors, frames and hardware shall be provided as shown on the attached floor plan. Interior doors shall be 3' by 7' by 1-1/4, solid core, paint grade with hollow metal frames. Interior doors, unless pre-finished, shall be primed and finished with two coats of semi-gloss enamel paint. F. Interior Wall Finishes Interior fmishes in the office areas shall be gypsum wallboard with light spray texture, one coat of primer and one coat of fmish to cover. Partition walls and interior wall assemblies in office areas shall be finished with 4" vinyl base. G. Hardware Interior partitions shall be furnished with Kwikset passage locks or equal. Hardware fmish to be US26D or equal. H. Interior Woodwork: Maple wood window sills and skirts. I. Interior Glazing: Not Included in Building Standard Tenant Improvements. J. Floor Covering Floor covering to be selected by Tenant shall be Building Standard 26 oz. Commercial Carpet with 3/8" felt pad and tack strip application ($15.00 per sq. yd. allowance) in office Initials: areas_ K. Ceilings Office ceilings shall have T-Bar ceilings with Building Standard 2'x4' `USG Fissured SLT ceiling tiles with DONN DX 15/16" grid or approved equal. White fmish (050) on both the and grid. L. Cabinets and Coffee Bar Owner will provide coffee bars with sinks and lower cabinets as shown on the attached floor plan. Coffee bars to have laminated plastic tops. Cabinets to be building standard plastic laminate. M. Ceiling Fixtures One 2'x4' lay-in, florescent tube fixture for every 80 sq. It. of useable area within the Tenant's premises. N. Electrical Distribution Two duplex wall outlets in each office area within the Tenant's premises. 2. Single pole light switch: one per 250 sq. ft. of useable office area of within the Tenant's premises. 3. Battery powered emergency light per code. 4. Building exit light per code. 5. Phone data outlet: one per 150 sq. ft. of useable office area within the Tenant's premises. Phone data wiring is not part of the Building Standard Tenant Improvements. O. Fire Sprinklers and Protection System 1.15 sprinkler heads are allowed for each 144 sq. ft. of useable office area within the Tenant's premises. One 5-lb. wall mounted fire extinguisher as required. P. HVAC Standard multi-zone heating and cooling, adequate for normal office with one standard thermostat per zone. Building Standard Tenant Improvements shall include air distribution, with the necessary connections to make the systems operable. Q. Window Treatment: Horizontal wood blinds. Ill. TENANT IMPROVEMENTS TO BE COMPLETED AT TENANT EXPENSE A. Electric Fixtures and Equipment: All electric fixtures and equipment not included above. B. Gas Connections: All gas connections within Tenant's space not included above. C. Telephone: All conduits for telephone wires or computer networks from the central building panel to the leased premises and in the leased premises. Tenant shall make all arrangements for telephone service. Initials~~ D. Walls: All special wall covering, glass partitions, or other special construction within the leased area. E. Coves and Ceilings: All special coves and ceilings. F. Furniture and Fixtures: All cabinets, woodwork, fixtures and equipment not furnished by Owner. G. Floor Coverings: All floor coverings above the allowance. H. Painting: Extra colors or special paint I. Alarm Systems: All alarm systems or other protective devices. J. Special Plumbing: All extra plumbing or fixtures required for tenant's special needs. K. Special Ventilation: All ventilation and related equipment, other than standard air conditioning/heating in office space. L. Hot Water Heater: Except as required for the toilet rooms and coffee bar sink (if included.) M. Electric Floor Outlets. N. Signs: Sign and installation of sign (copy and design subject to Owners approval). O. All architects' fees above allowance, special licensing fees and city or county permits for interior of Tenant's space. P. ACHD fees above business park rates. Initials ~, ~. EXHIBIT B PREMISES FLOOR PLAN ~~~~o~R r~uw _ SECOND FLOOR PLAN f/Y . I'd Inirials~`" i ~\ ~~ RESOLUTION NO .22 % BY: C~~~2C~~- ~~~~ ~~ ~~ ~r~u~2l~.~hti~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDLAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE ~~ DAY OF 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND WILLIAM A. HON, ROLAND L. HON AND WILLIAM E. NORRIS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WILLIAM A. HON, ROLAND L. HON and WILLIAM E. NORRIS, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WILLIAM A. HON, ROLAND L. HON and WILLIAM E. NORRIS, entitled "DEVELOPMENT AGREEMENT" RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WILLIAM A. HON, ROLAND L. HON, and WILLIAM E. NORRIS / JABIL CIRCUITS, INC. dated the ~~ day of , 1999, by and between the City of Meridian and William A. Hon, Roland L. Hon and William E. Norris, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6~ day of ~' ~ , 1999. APPROVED BY_ THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6 day of , 1999. _- l _~ YOR ATTEST: t~s~tit:ii~-rr~,~ ,~~ _ _ r: .~~ d`~. \` CITY CLERK - ~~r~L - __ ~~ _ '9~_, ~ c msg\Z:\Worlc\M\Meridian 15360M\Jabii Circuits\Resoluti4~ ~. ~`FvT 1~ ' ~ ~`.~~ ~~~~~r~ts; ~ rte ~~~~~~\ RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WILLIAM A. HON, ROLAND L. HON, and WILLIAM E. NORRIS / 7ABIL CIRCUITS, INC. n ~'"~ CERTIFICATE OF CLERK OF THE CITY OF MERIDLAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Ci~, I am the custodian of its records and minutes and do hereby certify that on the 6 day of , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT E TTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AN WILLIAM A. HON, ROLAND L. HON AND WILLIAM E. NORRIS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with WILLIAM A. HON, ROLAND L. HON and WILLIAM E. NORRIS, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with WILLIAM A. HON, ROLAND CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN r-~, L. HON and WILLIAM E. NORRIS, entitled "DEVELOPMENT AGREEMENT" dated the ~ day of , 1999, by and between the City of Meridian and William A. Hon, Roland L. Hon and William E. Norris, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. \~,,~+~~~~t;i,rr,,,, ,~~•~`' yr "~ ~'`: ,,''~~ A ~~ ' SG~ ~.p ~+ 4 r~ii1 = ~~ STATE OF IDA,caU~;--~~( . ~~, `~~ ~~~ "~~r~firt~,t tia~`S~S. i~'~~c~ WILLIAM G. BERG, JR. County of Ada, On this. ~ day of ~~~~' , in the year 1999, before me, a Notary Public, appeared WIL G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~G S'I,jT ~. (,~ .~pTA,Rl, ~~~ Notary ublic for Idaho :,k: ~.~ Sy~.= G ~ Commission Expires: I Q lS ~'UBLZ +' msg\Z:\~fY1t~\1~c~i~pC~OM\Jabil Circuits\CertificClerkforRES CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN _,,"~ CITY CLERK FILE CHECKLIST Project Name: Hon File No. CUP 00-019 Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: April 1 1, 2000 ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: and ^ Certifieds to property owners: ^ Planning and Zoning Commission Recommendation: ~ Approve 0 Deny Notes: City Council Level: Q Transmittals to agencies and others: 0 Notice to newspaper with publish dates x^ Certifieds to property owners: City Council Action: Hearing Date: May 2, 2000 n/a n/a and n/a n/a L!'J Approve ^ Deny Findings /Conclusions /Order received from attorney on: 1'y1 CX~ ~ ~ ~ ~hG~ ~ Findings /Conclusions /Order: Approved by Council: ~}~y ~ (P~ ~~~~ ~~ Copies Disbursed: ~~~~~~ 1~ ,~~~; ~ ~' ^ Findings Recorded j'1~~/,~_ ,~ Development Agreement: ^ Sent for signatures: Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordin ance No. ^ Approved by Council: i ~, r ~~ L~i~ ~~~ i ~~-° Resolution No. t '~rf ^ Recorded: Deadline: 10 days ~ ~~_ ^ Published in newspaper: f~-- ^ Copies Disbursed: ;~ ~-t`°'~` Notes: No 2nd public hearing per Brad H-C since it is in a C-G zone Resdetions: Original Res /Copy Cert: Minutebook Copy Res /Copy CeR: City Clerk Crry Engineer City Planner City Attorney sterling Codifiers Project File Copy Res /Original Cert: Ada County (CPAs) Applicant (nonLPAs) Recorded Ordinances: Original: Minutebook copies to: city aerk State Tax Comm. Steding Codifiers City Attorney 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 DevelopmentAgreemerds: Original:Fireproof File Copies to:Applicant Project file City Engineer City Planner City Attorney and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit vas published for two (2) consecutive weeks prior to the said public hearing scheduled for May 2, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 2, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. ,ash hea FILE COPY BEFORE THE MERIDIAN CITY COUNCIL OS-10-00 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED- UNIT DEVELOPMENT FOR THE CONTINUED USE OF THE PROPERTY (2 BUILDINGS ON A SINGLE LOT IN HONOR PARK SUBDMSION NO. 2) AS OFFICE/WAREHOUSE IN A C-G Case No. CUP-00-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit vas published for two (2) consecutive weeks prior to the said public hearing scheduled for May 2, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter ha~~ing been duly considered by the City Council at the May 2, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-OI 9) - 2 i"~ 3. This proposed development request is in an (C-G), General Retail and Service Commercial District, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 357 E. Watertower Lane, Meridian, Idaho. 5. The owner of record of the subject property is Jeff and Mike Hon of Meridian. 6. Applicant is O~c-vner of Record. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for continued use of the property (2 buildings on a single lot) as Office/Warehouse. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-OI 9) - 3 ~"'1 Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: 12.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 12.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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. 12.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 4 !"1 12.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 12.6 Applicant shall have determined the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 12.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 12.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.9 Sanitary sewer and water service to this site is planned and shall be provided by extending service lines to the proposed building site. 12.10 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 overpaymentlshortfall is determined after adequate historical usage. 12.11 Applicant shall add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Applicant meets the landscape locations and they shall be required as part of the approved site plan. 12.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant shall use the Eight Mile Lateral and its associated easement to help fulfill the ordinance requirement only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance and shall show such on the plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - S .~- 12.13 The Fire Marshall and Building Official shall provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 12.14 One (1) three-inch (3") caliper tree shall be required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet A1) cites a total of 26,404 s.f. of asphalt area, and shall require 18 trees. 12.15 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 12.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 12.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls shall be required. A total of 44 are shown, which does meet the minimum requirement. 12.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. Additional Recommendations and/or comments from Meridian Fire Department, Ada County Highway District, Nampa &. Meridian Irrigation Distric t and Sanitary Services, Inc. are as follows: 12.19 Fire Chief, Denny Bowers, requires that all codes, hydrant placements and fire sprinkler systems shall be approved by the Meridian Fire Department. 12.20 The ACRD shall require that all future design plans and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 6 12.21 The Nampa and Meridian Irrigation District shall require that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa Sz Meridian Imgation District shall review drainage plans. Developer shall comply with Idaho Code § 31-3805. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. .The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 7 detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 8 .~'~ 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 9 hundred feet (300') of the e,~ternal boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 10 n ~--~ B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required; in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a planned-unit development for the continued use of the property (2 buildings on a single lot in Honor Park Subdivision No. 2) as office%varehouse, subject to the following conditions of use and development: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 11 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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. 1.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 1.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 1.6 Applicant shall have determined the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Sanitary sewer and water service to this site is planned and shall be provided by extending service lines to the proposed building site. 1.10 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 12 City of Meridian of any shortfall in assessments. The overpayment shortfall is determined after adequate historical usage. 1.11 Applicant shall add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Applicant meets the landscape locations and they shall be required as part of the approved site plan. 1.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant shall use the Eight Mile Lateral and its associated easement to help fulfill the ordinance requirement only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance and shall show such on the plan. 1.13 The Fire Marshall and Building Official shall provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 1.14 One (1) three-inch (3") caliper tree shall be required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet A1) cites a total of 26,404 s.f. of asphalt area, and shall require 18 trees. 1.15 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning &. Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site vas office use (16,000 s.f.), a total of 40 stalls shall be required. A total of 44 are shown, which does meet the minimum requirement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 13 ~ ,~•~ 1.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 1.19 Fire Chief, Kenny Bowers, requires that all codes, hydrant placements and fire sprinkler systems shall be approved by the Meridian Fire Department. 1.20 The ACRD shall require that all future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements. 1.21 The Nampa and Meridian Irrigation District shall require that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa ~ Meridian Irrigation District shall review drainage plans. Developer shall comply with Idaho Code § 31-3805. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerlc and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 14 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-b521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of ~'2a~ 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED ~ COUNCILPERSON KEITH BIRD VOTED ~- COUNCILMAN TAMMY deWEERD VOTED_~~~~- COUNCILMAN CHERIE McCANDLESS VOTED ~°~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 5 °-~ F -- ~ G~ MOTION: AI'PROVED• DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 15 Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. _ ~ s``~~,~r~rtitEr~tt~~~~~ f Ca, y Clerk ~ U~~c~'~rFa msg/Z:\Worlc\M\Meridian 15360M\Hon CUP\CUPFinr~ings. ~~ ~~ „~ r~ / ~> ~~ ~ ~~ y~S ~~ ~`" T 1 S't ~'~ ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 16 BEFORE THE MERIDIAN CITY COUNCIL 05-10-00 IN THE MATTER OF THE APPLICATION OF JEFF HON/MIKE HON, FOR A CONDITIONAL USE PERMIT FOR A PLANNED-UNIT DEVELOPMENT FOR THE CONTINUED USE OF THE PROPERTY (2 BUILDINGS ON A SINGLE LOT IN HONOR PARK SUBDIVISION NO. 2) AS OFFICE/ WAREHOUSE IN A C-G ZONE LOCATED AT 35 7 E. WATERTOWER LANE, MERIDIAN, IDAHO CASE NO. CUP-00-019 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 16`h day of May, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for ahigh-tech manufacturing facility, as described in the SITE/LANDSCAPE PLAN, Dated: 2/21/00, DRAWN BY: GKS, CHECKED: HJC, JOB NO. CDS-231-00, SHEET A1, HONOR PARK WAREHOUSE LOT 3 BLK 1 HONOR PARK SUBDIV. #2, DESIGN STUDIO - ARCHITECT-PLANNER, and HON CONTRACTORS GEN./COM. CONSTRUCTION MIKE HON JEFF HON, Developers, and, for the development of the aforementioned planned-unit development for the continued use ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 of the property (2 buildings on a single lot in Honor Parlc Subdivision No. 2) as office/warehouse and which property is described as: Lot 3 in Bloclc 1 of Honor Park Subdivision No. 2, according to the plat thereof filed in Boolc 68 of Plats at pages 6959 and 6960, records of Ada County, Idaho. 2. That the above named applicant is granted a conditional use permit for a planned-unit development for the continued use of the property (2 buildings on a single lot in Honor Park Subdivision No. 2) as office/warehouse, located at 357 E. Watertower Lane, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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. 2.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 2.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 2.6 Applicant shall have determined the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 2.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Sanitary sewer and water service to this site is planned and shall be provided by extending service lines to the proposed building site. 2.10 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. 2.11 Applicant shall add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Applicant meets the landscape locations and they shall be required as part of the approved site plan. 2.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant shall use the Eight Mile Lateral and its associated easement to help fulfill the ordinance requirement only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance and shall show such on the plan. 2.13 The Fire Marshall and Building Official shall provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 2.14 One (1) three-inch (3") caliper tree shall be required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 the Site/Landscape Plan (Sheet Al) cites a total of 26,404 s.f. of asphalt area, and shall require 18 trees. 2.15 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls shall be required. A total of 44 are shown, which does meet the minimum requirement. 2.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. Additional Recommendations and/or comments from Meridian Fire Department, Ada County Highway District, Nampa & Meridian Irrigation Distric t and Sanitary Services, Inc. are as follows: 2.19 Fire Chief, Kenny Bowers, requires that all codes, hydrant placements and fire sprinkler systems shall be approved by the Meridian Fire Department. 2.20 The ACHD shall require that all future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements. 2.21 The Nampa and Meridian Irrigation District shall require that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 4 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 ~~ drainage leaves the site, the Nampa &. Meridian Irrigation District shall review drainage plans. Developer shall comply with Idaho Code § 31- 3805. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~ t~ day of ~~ , 2000. ~J. < ert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: ~ ~- Dated: ~ l~ ~Q ity Clerk ``k`~,~~`~t111tttN1ld llli/,,r` F ~/ ,~ a ~ \~ ~fi .~ G ~°~p~T y ~~~ msg/Z:\Work\M\Meridian 15360M\Hon CUP\CUPOr~r ~ - SQL >,~ ~ ~,. P~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 5 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 May 11, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT IPff nnrl MikF? Hnn CUP 00-0 l 9 May 16, 2000 ITEM NO. ~f REQUEST Conditional Use Permit to continue use as an office/warehouse at the back of property - 357 E. Watertower Lane AGENCY COMMENTS 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: BUREAU OF RECLAMATION: OTHER: See attached Findings y~,' ~,~r'` Materials presented at public meetings shall become properly of the City of Meridian. ~~x ~ ~k~5-~~~i~ ~rn ~'~, ~"". R~C~'~D MAY 1 1 2000 interoffice CITY OF MERIDD~N MEMORANDUM To: William G. Berg, Jr. From: William F. Nichol Subject: JEFF HON/MIKE HON PLANNED-UNIT DEVELOPMENT File No.: CUP-00-018 Date: April 10, 2000 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their May 2, 2000, meeting. The Findings will be on the Council's agenda for their May 16, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msp~Z:\Worlc\M\Meridian 15360M\I-ton CUP\C1kLtrCUPffcls&Order The Idaho ^, Statesman ~it~ of I~Seridian 111\ t k f JE;~ P.O. Box 40, Boise, Idaho 83707-0040 ~o~.n~in~ ~e~t LEGAL ADVERTISING PROOF OF PUBLICATION Account # DTI# Identification Amount: 064514 218749 PUBLIC HEARING -JEFF & MIKE HON $47.64 Ordered by: P.O. k Rate Run Dates SHELBY NT MAR. 24, APR. 7, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 31 MERIDIAN, IDAHO 83642 Affidavit Legal # 1 6716 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVE to the Ordinances of the City ~ A more particular descriptic above progeny is on file in the Ci office at Meridian City Hall, 33 E Street, and is available for inspec ing regular business hours. A copy of the application is upon request. Anv and all intoro 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 ine pur- ring the on for a ~e use as property consecutive weekly single consecutive daily odd skip insertion(s) beginning with the issue of: MARCH 2 4 , 2000 and ending with the issue of: APRIL 7 2000 sons shall be heard at said public hearirig and the public is welcome and invited tc submit testimony. DATED this 16th day of March, 2000 WILLIAM G. BERG, JR., CITY CLERK Pub. Mar. 24, Apr. 7, 2000 6716 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 acknowledged to me that she executed the same. ~ ~j /% Notary Public for Idaho Residing at: Boise, Idaho ))))) ,,~~~••nrr" _~,,aw'' My Commission expires: ~~/~~-,>~~~~~~~ ~ ~yG . • ~ , s ~, • ~~ i '~ i a • • ~ ~ o ~ ~ • ~ O ~ e • C. r • • • .1 , _._ P L .' ~' %~ :~~ no• Q, ~~ • ~ ••.: . ~ 1~ ~. ~qrp; ..a+••• STATE OF IDAHO ) )SS ~..,. ** TX CONFIRMti~iON REPORT ** AS OF MAY 01 '00 09 56 PAGE.01 CITY OF MERIDIRN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 12 05/01 09 45 208 465 ?797 G3--S 02'46" 004 240 INC 13 05/01 09=55 208 465 7797 G3--S 00'26" 000 240 INC 14 05/01 09 56 465?797 ----5 00'00" 004 240 BUSY THIS DOCUMENT IS STI LL IN MEMORY April 27, 2000 CUP 00-019 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Jeff and Mike Hon ITEM NO. /~. REQUEST Conditional Use Permit to continue use as an office/warehouse at the back of property - 357 E. Watertower Lane AGENCY COMMENTS 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: AOA 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 Recommendations Materials presented at public meetings shall become properly of the City of Meridian. ''1 April 27, 2000 CUP 00-019 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Jeff and Mike Hon ITEM NO. ~~. REQUEST Conditional Use Permit to continue use as an office/warehouse at the back of property - 357 E. Watertower Lane AGENCY COMMENTS 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: BUREAU OF RECLAMATION: OTHER: See attached Recommendations Materials presented at public meetings shall become properly of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER 200 EAST CARLTON AVENUE W:~t. F. GIGR~Y, III POST OFFICE BOX 11 JO BRENT J.JOHNSON D. SAMUEL JOHNSON MERIDIAN, IDAHO 33630-1150 WILLIAM A. MORROW WILLIAM F. NICHOLS TEL (208) 288-2499 CHRISTOPHER S. NYE FAX (208) 288-201 PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE April 27, 2000 To: Staff A pplicant A~fected Property Owner(s) Re: Application Case No. CUP-00-0019 H-earing Date: May 2, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. (208)466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~ , ~~ r^ n 1 '~ Y ~ ~ ;~ / ~ l; f.J ~IT~ G~ ~~~~~~~~~i FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City 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 important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefull review the Findings and Recommendations of the Planning and Zoning commission, and be prepared to state your position on this application by addressin the Findings and Recommendations of the Planning and Zoning commission; and That you carefullyy complete (be sure it is legible) the Position Statement if you disa 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 pprepare a Position Statement and deliver it to the City Clerlc prior to the hearing, if possible. If that is not possible, pplease resent your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Worlcs and the ~ity Attorney. If you are a part of a group, it is stropggly recommended that one Position Statement be filled out for the group, which can be signed-by the representative for the group. Very truly rs, ~' City t ney's O J e ~-. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP-00-019 REQUEST FOR CONDITIONAL ) USE PERMIT FOR ) RECOMMENDATION TO CITY CONTINUED USE AS ) COUNCIL OFFICE/WAREHOUSE at 35 7 E. ) WATERTOWER LANE ~ JEFF HON/MIKE HON ) Applicant 1. The property is located at 357 E. Watertower Lane, Meridian, Idaho. 2. The owner of record of the subject property is Jeff and Milce Hon of Meridian. 3. Applicant is Owner of Record. 4. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for continued use of the property (2 buildings on a single lot) as Office/Warehouse. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 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. 1.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE .-~. ~ 1.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 1.6 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Sanitary sewer and water service to this site is planned to be provided by extending service lines to the proposed building site. 1.10 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. 1.11 Applicant is proposing to add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 1.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant is proposing to use the Eight Mile Lateral and its associated easement to help fulfill this ordinance requirement. Staff can support this only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE ,"~ ~ total landscape area as a percentage of the total site area to demonstrate compliance. This calculation is not shown on the plan. 1.13 The Fire Marshall and Building Official must provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 1.14 One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet Al) cites a total of 26,404 s.f. of asphalt area, which requires 18 trees. This requirement is met. 1.15 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning &. Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls would be required. A total of 44 are shown, which meets the minimum requirement. 1.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. ey/Z:\Worlc\M\Meridian 15360M\Recommendations\I-IonCup.Rec RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE MERIDIAN CITY COUNCIL AGENDA MAY 2, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS Roll-Call: Tammy deWeerd Cherie McCandless Ron Anderson Keith Bird Mayor Robert Corrie ConsentAgenda A. Approve minutes of April 18, 2000, Special City Pre-Council Meeting: B. Approve minutes of April 18, 2000, City Council Meeting C. Approve minutes of April 4, 2000, Special City Pre-Council Meeting: D. Tabled from April 18, 2000: Findings of Fact and Conclusions of Law: CUP 99-039 Request for Conditional Use Permit for planned unit development including continuing care retirement community, single- and multi-family residential and office and retail use by Touchmark Living Centers -Joseph A. Billig -east of St. Luke's between Franklin Road and Interstate 84: E. Tabled from April 18, 2000: Findings of Fact and Conclusions of Law: PP 99-010 Request for preliminary plat for proposed Bear Creek Subdivision - 326 single-family lots on 150.79 acres by Bear Creek, LLC -east of Stoddard Road and south of Overland: F. Findings of Fact and Conclusions of Law: PP 00-016 Request for preliminary plat for 45 building lots on 8.25 acres for proposed Woodhaven Subdivision by Dan Wood / D.W., Inc. -west of Eagle Road between Overland and East Victory: G. Findings of Fact and Conclusions of Law: CUP 00-010 Request for Conditional Use Permit for an 1800 s.f. home/office to be used as office space/relocation in a C-N zone by C.W. Construction, Inc. -West Barrett Drive south of Franklin Road: H. Findings of Fact and Conclusions of Law: VAR 00-005 Request for variance from conditions of platting and City Ordinance 12-5-2.N regarding pressure irrigation in the Scottsdale Subdivision by Wolfe Commercial Enterprises, LLC -south of Franklin Road between Meridian and Linder Roads: ''1 Water and Sewer Hookup Agreement for Opal C. Farrington: J. Water and Sewer Line Crossing Agreement for Vienna Woods Subdivision: K. Approve Bills: Regular Agenda 1. Ordinance No. :Adult Entertainment Ordinance relating to zoning schedule: 2. Tabled April 18, 2000: Ada County Development Services 00-10 PDR 00-05: Request for Preliminary Plat for Edinburgh Subdivision - 138 Lots on 40.69 Acres by Steve Smith -'/z mile east of Eagle Road on McMillan Road: 3. Public Hearing: AZ 00-005 Request for annexation and zoning for proposed Stratford Business Park of residential and professional offices from R-T (Ada County) to R-8 by Howell Murdoch Development Corp: 4. Public Hearing: PP 00-004 Request for Preliminary Plat for 40 building lots on 3.98 acres in an R-40 zone for proposed Blue Heron Brook Townhome Subdivision by Pinnacle Engineers, Inc. -northeast corner of Meridian Road and Blue Heron Lane: 5. Public Hearing: CUP 00-011 Request for Conditional Use Permit for a 40-lot townhome development in an R-40 zone for proposed Blue Heron Brook Townhome Subdivision by Pinnacle Engineers, Inc. -northeast corner of Meridian Road and Blue Heron Lane: 6. Public Hearing: VAR 00-007 Request for parking variance -request for no off-street parking for Generations Park Plaza I by Gary Benoit - at East 1St Street and West Idaho, Old Town: 7. Public Hearing: VAR 00-008 Request for parking variance -reduction in required ~arking spaces for Generations Park Plaza II by Gary Benoit - at East 1S Street and West Idaho: Improperly noticed -scheduled for May 16, 2000 8. CUP 00-012 Request for Conditional Use Permit for Maple Grove RV for RV sales, RV retail and repair in an I-L zone - 2490 W. Franklin Road: 9. CUP 00-018: Request for Conditional Use Permit for a proposed 10,000 s.f. lease building in a C-G zone on a vacant lot on Lot 5, Block 2 of Troutner Business Park by Joseph Heilker: 10. VAC 00-003: Request by Ronald C. and Rafanelli Nahas for a vacation of public utility easement in a C-G zone -Lots 12, 13, 14, and 15 of Block 2 of Central Valley Corporate Park No. 5: 11. CUP 00-019: Request by Jeff and Mike Hon for a Conditional Use Permit to continue using an existing building as office and warehouse at the back of property in a C-G zone - 357 E. Watertower Lane: 12. FP 00-004: Request for Final Plat approval of 12.801 acres with 32 building lots and 5 other lots in an R-4 and R-T zone for Tarawood Subdivision by Michelangelo Investments, LLC /Frank Stopello: 13. FP 00-007: Request for Final Plat approval on 31.94 acres with 102 lots and 14 other lots in an R-4 zone by Projects West, Inc., for English Gardens Subdivision: 14. TE 00-002 Request fora 45-day time extension for Oliason Park Subdivision by Tony Hickey -'/2 mile west of Locust Grove Road on Pine Avenue: 15. Water, Sewer and Trash Delinquency: 16. Department Reports: A. City Councilperson -Tammy deWeerd: 1. Pathway Master Plan Committee /Sub-Committee of Parks and Recreation Commission: B. Parks and Recreation Director -Tom Kuntz: 1. Purchase of a skid steer: C. City Engineer -Gary Smith 1. Engineering Agreement - Ustick Water Line Extension F .Meridian Planning and Z~~.~g Commission Meeting April 11, 2000 Page 56 r. Borup: Do we need to open it up to- Swartley: No you don't. She is basically just asking me to look at these cases that Miss Butler has referenced, so you don't need to open the public hearing. I will just refer them to you. Borup: And then we can make reference to it at that time. Swartley: Right. Barbeiro: Second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES Borup: Did we have a date certain that that was continued to? Norton: May Stn Borup: The motion was to continue to May Stn. That was a long time coming. We are going to hurry right through these others, right? 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CONTINUED USE AS OFFTYE OCATAEOD AT 3O EAST WATERTOWER~I~ HON-BACK OF PROPER LANE: Hawkins Clark: Commissioner's this application is to place a second principle building on a single lot in the Honor Park Subdivision. The lot is identified here on the screen on the south side of East Watertower. This is the proposed site plan. There is currently a warehouse building here just to orient you, Watertower here on the north side of the lot. Nampa Meridian Irrigation controlled lateral canal here along the west boundary. This building exists on the front end of the lot with the associated parking. There is a drive that comes along the east. They are proposing a new building warehouse/office here on the south side. We have zero setbacks. Staff had reviewed it. We have our conditions and recommendations before you. They are meeting the requirements of the conditional use permit planned unit development since it is two buildings on a single lot that makes it a planned unit development, which does require the 10% open space and we are saying that in a commercial Subdivision we would consider this open area here with the canal part of that. They do have new landscaping here on the south, some here. They do provide new parking islands and planters on both ends of the proposed parking and some landscaping here. They are meeting the minimum parking ,~-. Meridian Planning and Z^ng Commission Meeting April 11, 2000 Page 57 requirements and all of their relevant ordinances to the planned unit development. We are recommending approval with the conditions. Borup: Thank you. Is the applicant here and like t come forward. Cook: Mr. Chairman, members of the commnsds Jeff Hon on th s project We've got here representative architect, representing Ron a a second building that is going to be constructerdoffice bu id ng of 4800 square feet!s to be similar to the existing building. We ve got a Total parking we are looking at 33. The required we are showing 44 in our parking concept. Brown: Mr. Chairman, I'm sorry to interrupt you John but do you concur with staff? Cook: We concur with staff. There is nothing that we'd take adverse comment with. Borup: Any comment on the easement? easement be maintained for the pipeline agreement with all staff comments. Did you see Mr. Smith's memo. That the Wrong project, I'm sorry. Your in complete Cook: We are in agreement with all comments. There was one question. They want us to compute the area of the open space. We have 25% and this particular application requires 10% to be open space. Borup: Thank you. Do we have any other public comment on this application. Brown: I move we close the public hearing. Hatcher: Second it. Borup: All in favor. MOTION CARRIED: ALL AYES Barbeiro: I wish to make a motion that we pass this along to City Council with our approval with recommendations and staff comments. Hatcher: I second. Borup: All in favor MOTION CARRIED: ALL AYES Certified Mailing Returns Project Name File No(s) Hon, Jeff and Mike CUP 00-019 Date of Hearing Name Address Reason for Retum PZ 4-11-00 Nahas POB 6120, Indianapolis, IN 46206 Addresse Unknown ~` .~, MERIDIAN PLANNING & ZONING MEETING: April 11, 2000 APPLICANT: JEFF HON /MIKE HON ITEM NUMBER: 13 REQUEST: CUP FOR CONTINUED USE AS OFFICEIWAREHOUSE ZONED C-G AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. COMMENTS COMING CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE COMMENTS CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ,;, ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS ''~~ i~-~ ADA COUNTY STREET NAME COMMITTEE: . ,.; CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE COMMENTS ~ ~%~ ~~ SETTLERS IRRIGATION: ~~ IDAHO POWER: ~~`Y US WEST: ~rJ~ ',` BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: SEE COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MAYOR ^ HUB OF TREASURE VALLEY ~ Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COU CITY OF MERIDIAN `~08' zs8_z4~~ . Fax zgg_zSOI NCIL MEMBERS Ron Anderson PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 ~~~$> gg~-'~I ~ • Fax 8s~-1297 Tammy deWeerd ('~S) 888-4433 • Fax (20S) 887-4313 ; ~~ ~-'~~~ PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT ~'~~~ ~ - (7,08) $3d-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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24. 2000 TRANSMITTAL DATE: March 6, 2000 HEARING DATE: April 11, 2000 FILE NUMBER: CUP-00-019 REQUEST: CONDITIONAL USE PERMIT FOR CONTINUED USE AS OFFICE/1NAREHOUSE ZONED C-G BY: JEFF HON/MIKE HON LOCATION OF PROPERTY OR PROJECT: BACK OF PROPERTY LOCATED AT 357 EAST WATERTOWER LANE - SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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 S~~PPNITARY SERVICE ___~BUILDING DEPARTMENT ~~~~~~////// FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: ~ ~~ '~ CITY ENGINEER ~ ~,s ~ j Pr<a~aw-~ ~~~.~ ~,~~ CITY PLANNER ' ~ S ~ ~^ ~ .~' 1 Vii- ~~~ 5 ~¢ ..,.~.._ i,J i ~' ~- w ~.t2.17 '~- ~ hi,'t,Ja- F~rT ~ /~ F~ ~~j~~ ~~u cou~t~~~~wu~ ~~~tN~~t Judy Peavey-Derr, President ^- - 318 East 37th ~a~~ ~~~~~~~, vice riesiaent 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 March 23, 2000 TO: Jef Hon & Mike Hon Hon Contractors, Inc. LIAR 2 8 2000 16790 Rose Park Drive _T.,,, Nampa, ID 83687 ``'~~ ~ ~~ ~~~~~` SUBJECT: MCUP-00-019 OFFICE/WAREHOUSE 357 EAST WATERTOWER LANE (BACK OF PROPERTY) ``~ The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, Steve Arnold Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services-City of Meridian Design Studio Architect -Planner H. John Cook 1111 S. Orchard St., Suite #220 Boise, ID 83705 +;C.Ir/1V~~ Will Berg, City Clerk Meridian Planning 8~ Zoning Commission 33 East Idaho Meridian, ID 83642 71.a~~c~eCt & ~Ze~udia~ ~Ivuga~aoc Dia~~ict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 MAR 3 0 2000 ~Y~'Y OF ~~AN Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: CUR-00-01 g Conditional Use Peru ~ for Continued Use as Honor Park Office-Warehouse Zoned C-G Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa 8 Meridian Irrigation District. The District's Eightmile Lateral courses through the above-mentioned project; the right-of-way of the Eightmile Lateral is 80 feet, 40 feet from the center each way. Sincerely ~~- John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln Cc: File -Shop File - Office Asst. Water Superintendent Hon Contractors, Inc. -Jeff & Mike Hon Design Studio - H. John Cook '~~t .~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 March 22, 2000 ~i~a & ~~ehtdcact ~~u yatia~ ~i~dzia 1503 FIRST STREET SOUTFi NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 27 March 2000 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Messrs. Jeff Hon and Mike Hon Hon Contractors, Inc. a 16790 Rose Park Drive Nampa, ID 83687 RE: Land Use Change Application -Honor Park Warehouse CuD oe -Q/9 Dear Messrs. Hon: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, G~ Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 03/15/2000 14:06 2088885052 SANITARY SERVICE PAGE 02 ,.., MAYOR NUg OF TREASURE ~ALL,EY .-. Robert D. Cowie A Good Place f0 Live LEGai_ OEP;~RT~1E~~'T CIT'~ OF 1VIERIDIAIV ,~o$, ~55.2s9~) . F~,r ,SR•ao~ CITY COUNCIL 1v1EMBEFS 1~ Ron Anderson 33 EAST )IDAHO PUBLTC WQRKS QUtLDING DEP:IRT~~tEVT Keith Bird MERIDIAN, IDAHO 83Fi42 ('?O8) ss~•~al ~ -Fax 587.1]97 Tammy deWeerd (20fi) 83S-aa33 • Fax (i08} 38~-4513 Chrrie McCandless City Clerk Office Fax (208) 888-a? 18 PLANNING jVD ZO~~'ItiG DEP.ART`TENT ('0$) 551.55:)3 -Fax 8$ti•685s T~NS~TTAI. TO AGENCIES FOR COfVINIENTS ON DEVELOPMENT PROJIECTS WYTT~ TD.E CITY OF ME1;2,IDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24 2000 TRANSMITTAL DATE: March 6 2000 HEARING DATE: April 11, 2000 FILE NUMBER-: CUP-00-019 REQUEST: ^^"-•----- - OFFICf`IW, BY: USE P SE AS LOCATION OF PROPERTY OR PROJECT _, SALLY NORTON, P,Z, KENT BROWN, P/Z -THOMAS BARBEIRO, P/Z _BYRON SMITH, P/Z KEITH BORUP, P2 -ROBERT CORRIE, MAYOR _,RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT EWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER -CITY PLANNER MAR 1 6 2000 CIS C~~' ~ :~~,~I~'V BACK OF PROPERTY LOCATED AT 357 MERIDIAN SCHOOL DISTRICT, ., MERIDIAN POST OFFICE(PRELIM 8~ 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) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS:~,~ ,~ J',,,, ~,/ ~1 0% ' ~ s MAR 15 '00 1306 2088AASA~~ oor_~ a-~ MAYOR ~' HUB OF Tf (~~ ~,~~ ~ ~ (?~ Robert D. Corrie I A Gooc LEGAL DEPARTMENT CITY OF ~y j ~ ~ ~f (208> 2g8-2499 • Fax 288-2501 CITY COUNCIL MEMBE LI-- ,J 1/ RS P/1' PUBLtC WORKS Ron Anderson 33 E~ BUILDING DEPARTMENT Keith Bird MERIDIA (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-~13; PLANNING AND ZONING Cherie McCandless City Clerk Officc rax ~wa~ 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 MEMORANDUM: April 6, 2000 To: Mayor, City Council and Planning & Zoning Commission ARE c E ~ vE~ From: Bruce Freckleton, Assistant to City Enginee ~ ~ ~~~~' Brad Hawkins-Clark, Planner .8~~ CITY O F MERIDIA N CITY CLERK OFFICE Re: Conditional Use Permit for Planned Uriit Development for Tw o Principal Buildings on a Single Lot in Honor Park Subdivision #2 (Lot 3, Bl. 1) by Jeff & Mike Hon 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: APPLICATION SUMMARY This application is to permit a second principal building on the same lot as an existing office and warehouse building, both to be owned and managed by Hon Contractors. Ordinance 11-4-7 states, "Except in the case of a planned development (PD), not more than one principal detached building shall be located on a lot." Therefore, in order for the Applicant to construct the second building, a Conditional Use Permit is required and the site to be treated as a PD. As a PD, the entire lot is under review and must comply with the PD standards outlined in Ordinance 12-6-7. LOCATION & SURROUNDING USES The subject property is located at 357 E. Watertower Lane in the Honor Park Subdivision #2. It is approximately 700 feet east of E. 1 ~` Street on the south side of Watertower. The lot is currently zoned C-G. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses follow: North -Existing 11,200 s.f. office/warehouse building. A commercial building and vacant, commercially-zoned land is on the north side of Watertower. South - A commercial cement block-construction building; a chainlink fence separates subject property from this building; zoned C-G. East -Vacant, undeveloped lots within Honor Park Subdivision; zoned C-G. West -The Eight Mile Lateral abuts the entire west side of this lot. Across from the lateral is a multi-tenant office building and the Job Service facility, both zoned C-G. GENERAL COMMENTS: 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. Hon Warehouse.CUP r.. Mayor, Council and P&Z April 6, 2000 Page 2 2. 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. 3. 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. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standazds set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 7. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: 1. Sanitary sewer and water service to this site is planned to be provided by extending service lines to the proposed building site. 2. 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. 3. Applicant is proposing to add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building `B" and a landscape strip on the east and west sides of the new building. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 4. As a PD, a minimum of 10% of the gross land area must be open space. The Applicant is proposing to use the Eight Mile Lateral and its associated easement to help fulfill this CUP-00-019 Hon Warehouse.CUP ,~ Mayor, Council and P&Z Apri16, 2000 Page 3 /'~ ordinance requirement. Staff can support this only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance. This calculation is not shown on the plan. 5. The Fire Marshall and Building Official must provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 6. One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet Al) cites a total of 26,404 s.f. of asphalt area, which requires 18 trees. This requirement is met. 7. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash azeas are to be enclosed by a screening fence on at least three (3) sides. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. No details on the amount of office space (squaze footage) versus wazehouse space in the new building was provided. If the entire site was office use (16,000 s.£), a total of 40 stalls would be required. A total of 44 are shown, which meets the minimum requirement. 10. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new ownersltenants. RECOMMENDATION Staffrecommends approval of the project with the conditions noted above. CUP-00-019 Hon Warehouse.CUP MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Mayor, City Council and Planning & Zoning Commission LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 Apri16, 2000 C; l ~~~R 0 7 2D~0 From: Bruce Freckleton, Assistant to City Enginee Brad Hawkins-Clark, Planner '~~4C- CITY O F M E R I D I A N CITY C~_~I~~C ~FFIGF Re: Conditional Use Permit for Planned Unit Development for Two Principal Buildings on a Single Lot in Honor Park Subdivision #2 (Lot 3, Bl. 1) by Jeff & Mike Hon 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: APPLICATION SUMMARY This application is to permit a second principal building on the same lot as an existing office and warehouse buildmg, both to be owned and managed by Hon Contractors. Ordinance 11-4-7 states, "Except in the case of a planned development (PD), not more than one principal detached building shall be located on a lot." Therefore, in order for the Applicant to construct the second building, a Conditional Use Permit is required and the site to be treated as a PD. As a PD, the entire lot is under review and must comply with the PD standards outlined in Ordinance 12-6-7. LOCATION & SURROUNDING USES The subject property is located at 357 E. Watertower Lane in the Honor Park Subdivision #2. It is approximately 700 feet east of E. ls` Street on the south side of Watertower. The lot is currently zoned C-G. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses follow: North -Existing 11,200 s.f. office/warehouse building. A commercial building and vacant, commercially-zoned land is on the north side of Watertower. South - A commercial cement block-construction building; a chauilink fence separates subject property from this building; zoned C-G. East -Vacant, undeveloped lots within Honor Park Subdivision; zoned C-G. West -The Eight Mile Lateral abuts the entire west side of this lot. Across from the lateral is a multi-tenant office building and the Job Service facility, both zoned C-G. GENERAL COMMENTS: Off-street parking shall be providedm accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Hon Warehouse.CUP Mayor, Council and P&Z April 6, 2000 Page 2 ~'1 2. 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. 3. 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. 4. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standazds set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 7. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: Sanitary sewer and water service to this site is planned to be provided by extending service lines to the proposed building site. 2. 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. 3. Applicant is proposing to add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building `B" and a la~scape strip on the east and west sides of the new building. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 4. As a PD, a minimum of 10% of the gross land area must be open space. The Applicant is proposing to use the Eight Mile Lateral and its associated easement to help fulfill this cur-oo-o i 9 Hon Warehouse.CUP ''1 Mayor, Council and P&Z April 6, 2000 Page 3 ordinance requirement. Staff can support this only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance. This calculation is not shown on the plan. The Fire Marshall and Building Official must provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 6. One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet Al) cites a total of 26,404 s.f. of asphalt area, which requires 18 trees. 'This requirement is met. 7. Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls would be required. A total of 44 are shown, which meets the minimum requirement. 10. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. RECOMMENDATION Staff recommends approval of the project with the conditions noted above. CUP-00-019 Hon Wazehouse.CUP HP LaserJet 3100 Printer/Fax/Copier/Scanner ~. ~, StND CONFIRMATION REPORT for City of Meridian 2088886854 Apr-7-00 8:10AM Job Start Time Usage ~ Phone Number or ID 592 4/ 7 8:07AMI 2'11"I208 465 7797 Total 2'11" Pages Sent: 4 200 E CManAw 7M 101 Yr17n,1D L1M2 rte. t1aeMlsaau F~c (100pMMM Type Pages Mode Status Send .............. 4/ 4 144 Completed................ Pages Printed: 0 GITY OF MERIDIAN Planning & Zoning t« ANkeadenr+on pro.. s«~wpr we ~esrA7 orN v7A0 R~1 Ibl%ff Palt&b. s2-uniRmm>d~ ~' p ~~ ® M IIrN~w D M~ Cswwra O A~ ^~MY O llw~ IYCyeb ~Carr~Y ~~~ ~~~~~ ~~~ ~,k U~ _~~,~, C~ ~~~~''~ a ** TX CONFIRt~ION REPORT ** DATE TIME TO/FROM 03/17 08 34 92083776449 MODE MIN/SEC PGS CMDkt STATUS EC--S 01'14" 005 254 OK ~~~~~~ ~~`~~~~ `~~l ~ '~ ~~ ~~a~ ~~ ~ ~~~ ~ ~ NOTICE OF HEARING l ~ ~` ~- ~~ ~ 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 ~"V`~ 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 Joseph D. Heilker for a conditional use permit for a vacant lot for proposed 10,000 square foot lease building. A more particular description of the above property is on file in the City Clerk's office at Meridian City Nall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and alf interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 16~' day of March, 2000. PUBLISH March 24, 8~ April 7 2000. Post-it° Fax Note 7671 Cep 3 pa9es- To /1 ~ ~ t~ I - 7 / Ftom Co.i0eDt Q.. S' /~j ~"~"~ CO. Phon6 x Phone p g 33 Fax x Fax H AS OF MAR 17 ''~° 0836 PAGE.01 CITY OF MERIDIAN .._._ ~ , LLIAM G. BERG, JR., LERK .~`~~~`t ~F MERE ~~'': . ~ G\ ~~cOAq~, "li ~~ ~2 Fo ~~~ ~; '~p'~'~r ts~ •,~'~~Z' ,, .` ~ ~Q, .~ ,~ ~~. QUPI e Y ~•iililill ;: tl is t~~t,` n April 27, 2000 CUP 00-019 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Jeff and Mike Hon ITEM NO. ~~• REQUEST Conditional Use Permit to continue use as an office/warehouse at the back of property - 357 E. Watertower Lane 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: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Recommendations }~~w ~ ~F~~ a~~"~~ Materials presented at public meetings shall become properly of the Ciiy of Meridian. WHITE, PETERSON, PR oS~SYMORROW & GIGRAY, P.A. JULIE KLEIN FISCHER ZOO EAST CARLTON AVENUE WM. F. GIGRAY, III POST OFFICE BOX 1150 BRENT 7. JOHNSON MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS TEL (208) 288-2499 CHRISTOPHER S. NYE FAX (208) 288-2501 PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCE R. WHITE April 27, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. CUP-00-0019 Hearing Date: MaX 2, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 N~ EL. (2 8) ~ 639272 247 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE ~~~~ ~'~ a~R z ~ ~ooo CITY Q~' ~;~II~I~'V FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City 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 important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefull 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 Planning and Zoning Commission; and That you carefullyy complete (be sure it is le able) the Position Statement if you disa ree with the Findings and~ecomrnendations 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 ou pre are a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease resent your Position Statement to the City Council at the hearing, along with eight (8) coples. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Worlcs and the ~ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly rs, City t ney's O I e BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CONTINUED USE AS OFFICE/WAREHOUSE at 35 7 E. WATERTOWER LANE Case No. CUP-00-019 RECOMMENDATION TO CITY COUNCIL JEFF HON/MIKE HON Applicant 1. The property is located at 357 E. Watertower Lane, Meridian, Idaho. 2. The owner of record of the subject property is Jeff and Milce Hon of Meridian. 3. Applicant is Owner of Record. 4. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for continued use of the property (2 buildings on a single lot) as Office/Warehouse. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 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. 1.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE r.. 1.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 1.6 Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Sanitary sewer and water service to this site is planned to be provided by extending service lines to the proposed building site. 1.10 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. 1.11 Applicant is proposing to add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Staff concurs with these landscape locations and note that they are required as part of the approved site plan. 1.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant is proposing to use the Eight Mile Lateral and its associated easement to help fulfill this ordinance requirement. Staff can support this only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE total landscape area as a percentage of the total site area to demonstrate compliance. This calculation is not shown on the plan. 1.13 The Fire Marshall and Building Official must provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 1.14 One (1) three-inch (3 ") caliper tree is required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet A1) cites a total of 26,404 s.f. of asphalt area, which requires 18 trees. This requirement is met. 1.15 Coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning & Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls would be required. A total of 44 are shown, which meets the minimum requirement. 1.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. ey/Z:\Worlc\M\Meridian 15360M\Recommendations\HonCup.Rec RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -JEFF HON/MIKE HON -CONTINUED USE AS OFFICE/WAREHOUSE ,'", Phone: 208-888-4433 Fax: 208-888-4218 Fau To: Jeff Hon Fwm: Shelby F~0 Pages: 3 Plwr~ee oats: 05/02/00 Re: Recommendations -last 2 pages cc: ^ Urgent ^ For Review ^ Please Continent ^ Please Reply ^ Please Recycle Jeff, Here are the last two pages of the recommendations to City Council. Have a good day and we'll see you tonight. Please call if you have any questions. Shelby ** TX CONFIRMAi,ON REPORT ** DATE TIME TOiFROM 04 05102 09 19 208 465 7797 .-. AS OF MAY 02 '00 09 21 PAGE.01 CITY OF MERIDIAN MODE MIN~SEC PGS CMD# STATUS G3--S 01'38" 003 044 OK ~ ~. • Phone: 208-888-4433 Fax: 208-888-4218 Fa~c to: Jeff Hon From: Shelby ~": Peges: 3 Ph010C ~ 05/02/00 Re: Recommendations -last 2 pages cC: ^ Urgent ^ Por Review ^ Please Comment ^ Please RePIY O Please Recycle Jeff, Here are the last two pages of the recommendations to City Council. Have a good day and we'll see you tonight. Please call if you have any questions. Shelby 03-10-00 08.33 MERIDIAN WASTEWATER ID=2085840744 P01/01 IlUU iJr i 1(Gh1JlJItG ~iiiLL""! VIAYQR ~"~ /-~~` t.EG'1L DPPr1RTMENT ~~ Good Place ro hive (7031 285-2a99 • Fax 388.20: Robert D. Cowie ~~~~ ®~ ~~1~~~~ PUHLIC WORKS GCTY COWCIL MEMBERS atnLDthG DErnRTMENT Ron Anderson 33 E:~S1 )IDAHO (203> SS"•2211 • Fax 537-t29? Kcich Bird ~ZERIDIAN, IDAHO 53642 (248) 488-333 • Fax (205) 88?-4313 PLANI\IivG AND ZONING Tammy daWatrd DEP.~R7ML-NT Cherie McCandless Ciry Cicrk Ofricc Fy~c (208) 888-4218 (2p3) g8a-55;3 • Fax 880-685. TRA,NSi~TTAi,, TO AGENCIES FOi2 CONLMENTS ON DEV'EEOPiViENT PROJECTS 'WXTH THE CiTg' OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6. 2000 HEARING DATE: April 11, 2000 FILE NUMBER : CUP-00-018 REQUEST: CONDITIONAL USE PERMIT FOR VACANT LOT CURRENTLY ZONED C-G FOR PROPOSED 10,000 SF LEASE BUILDING BY: JOSEPH D. HEILKER LOCATION OF PROPERTY OR PROJECT: TROUTNER BUSINESS PARK (SEE LEGAL ATTACHED) _ SALLY NORTON, P,Z. KENT GROWN, P2 THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH SORUP, P/Z R06ERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C T MMY de WEERD, C/C ~~ATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE T 6UILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MAR 10 '00 08 34 MERl01AN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) -~ IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE ~IA~ 3 Q 2QOQ-lJ~ C;3t~ car i~1er•i~a~ its- ~'I~rk ~ffic•. 2088840744 PAGE.01 MA R Robert D Co e CITY COUNCI M MBERS Ron An Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE V~ILLEY "'~ A Good Place to Live "" ~;ITY OF MERIDhN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4133 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COIVIlVIENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 6. 2000 HEARING DATE: April 11, 2000 FILE NUMBER : CUP-00-019 REQUEST: CONDITIONAL USE PERMIT FOR CONTINUED USE AS OFFICENVAREHOUSEZQNED C-G ' BY: JEFF HON/MIKE HON LOCATION OF PROPERTY OR PROJECT: BACK OF PROPERTY LOCATED AT 357 EAST WATERTOWER LANE _ SALLY NORTON, P.Z. KENT BROWN, P2 THOMAS BARBEIRO, P2 BYRWN SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C AMMY de WEERD, C/C WATER DEPARTMENT SEWER DEPARTMENT _ SANITARY SERVICE BUILDING DEPARTMENT FIRE 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT 1 .s-~ F ,, ry r6~ ~ MAR Z 2 2000 CITY 0~ ~~~IAN RECEIVED MAR 1 0 2000 Meridian City Water Superintendc~t CENTRAL ~~ DISTRICT ''RHEALTH DEPARTMENT Rezone # MAR 1 ~ 2000 -DD j' / F' al /Short Plat Return to: ^ Boise ^ Eagle Garden City Meridian ^ Kuna ^ Acz Pre Iminary In ~ D r3 air. l ~ ~o~ %~,-~ ~z Jew ~a ~ce~ 1-~on.1 I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 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 of Environmental Quality: ^ central 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. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division ^ child care center Date: ~/~/ °~ Reviewed By: _!~ Review Sheet CDHD 10/91 r~, rev. 7/97 ~"'` HUB OF TREASURE VALLEY ~ LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Cowie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (2pg) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANN[NG AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) gg4-5533 • Fax 888-6854 Cherie McCandless 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24 2000 TRANSMITTAL DATE: March 6 2000 HEARING DATE: April 11, 2000 FILE NUMBER : CUP-00-019 REQUEST: CONDITIONAL USE PERMIT FOR CONTINUED USE AS OFFICE/WAREHOUSE ZONED C-G BY: JEFF HON/MIKE HON LOCATION OF PROPERTY OR PROJECT: BACK OF PROPERTY LOCATED AT 357 EAST WATERTOWER LANE _ SALLY NORTON, P.Z. KENT BROWN, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, 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 B ILDING DEPARTMENT RE 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) IDAHO TRANSPORTATION DEPARTMENT ~~ ~, HONOR PARK OFFICE/WAREHOUSE BUILDING PROPERTY OWNERS WITHIN 300' MERIDIAN CITY 33 E IDAHO MERIDIAN ID 83642-0000 E FRANKLIN RD R T NAHAS CO AND RAFANELLI & NAHAS PO BOX 6120 INDIANAPOLIS IN 46206-6120 370 E CORPORATE DR MERIDIAN DAIRY SHOWS INC 1892 HENDRICKS CT MERIDIAN ID 83642-1326 322E 01ST ST HON WILLIAM A ETAL PO BOX 828 BOISE ID 83701-0828 E WATERTOWER LN 254 E WATERTOWER LN DYNAMITE MARKETING INC 310 E WATERTOWER LN MERIDIAN ID 83642-6283 ZAMZOWS INC 4741 GLENWOOD ST BOISE ID 83714-3512 218 E WATERTOWER LN 136 E WATERTOWER LN BLUE MOON LLC 1715 W BANNOCK ST BOISE ID 83702-5107 205 E WATERTOWER LN HON ROLAND L AND HON JOSEPH J HON MICHAEL B 7677 MOSSY CUP BOISE ID 83709-0000 537 E WATERTOWER LN PANAHI NIMA S ETAL 11132 W TREELIKE DR BOISE ID 83713-1066 E WATERTOWER LN PIONEER BUSINESS CENTER SUITE #300 -- PROMED KEYBOARD GROUP INC 580 E CORPORATE DR MERIDIAN ID 83642-3504 520 E CORPORATE DR COFFER INVESTMENTS INC PO BOX 610 MERIDIAN ID 83680-0610 490 E CORPORATE DR TIEGS LEONARD TESTAMENTRY TRST HOPKINS FARM LLC 1106 S CAMAS NAMPA ID 83686-0000 390 E CORPORATE DR BOISE ID 83702-0000 320 E CORPORATE DR ~~--- \~ ~\ ~ ~ ~~-__~- ( _----~_--JL1--- , ~,~ ~7v ~