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SGI Property
CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: January 25, 2013 E IDIAN~-- TO: G4 Acquisitions, LLC I D A H O FROM: Sonya Watters, Associate City Planner SUBJECT: SGI Property -CZC-12-084; DES-13-010; ALT-13-003 OWNER: SGI, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, G4 Acquisitions, LLC, requests Certificate of Zoning Compliance (CZC) approval of a 5,040 square foot (s.£) multi-tenant building. The future uses for this site are anticipated to be retail; however, there are no specific uses proposed at this time. The site consists of 1.14 acres of land and is zoned C-G. The site is located at 2420 N. Eagle Road on the northeast corner of N. Eagle Road and E. River Valley Street. DECISION The applicant's request for CZC is approved with the conditions listed in this report. Note: This is not a building permit Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide one set of the final, stamped "approved" Planning Department plans, stamped and signed by the architect and/or civil engineer as applicable. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. Prior to issuance of Certificate of Occupancy, the applicant shall close the existing access to the arterial (N. Eagle Road/SH 55) as set forth in UDC 11-3A-3A. 3. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any existing structures that do not conform to setbacks and/or use in the zone. 4. Prior to issuance of building permits for this site, the applicant shall submit written confirmation from ACHD and/or ITD (as applicable) stating that a traffic impact study or change of use is not required and/or has been submitted for review to ACHD and/or ITD (as applicable). 5. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district, per UDC 11-2B-3A.4. Extended hours of operation may be requested through a conditional use permit. 6. All future tenants within the proposed shell & core are required to submit a Certificate of Zoning Compliance Verification application to the Planning Department for approval of the Conditions Document 1 SGI Property CZC-12-084; DES-13-010; ALT-13-003 new use prior to submittal of permit applications to the Building Department for tenant improvements. 7. All ground level mechanical equipment is required to be screened to the height of the unit as viewed from the property line in accord with UDC 11-3A-19A.1 e. 8. Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the multi-use pathways along E. River Valley Street and N. Eagle Road (SH 55) to the Planning Department for approval by City Council and subsequent recordation. 9. Per UDC 11-SB-SB.2, the Director (at the applicant's request) approved alternative compliance to UDC 11-3B-7C in regard to street trees required within the street buffer along E. River Valley Street; to UDC 11-3B-7C.6, for the allowance of an impervious surface within the street buffer along Eagle Road; and to UDC 11-3B-8C.2d to the landscape standards in parking lots (see Analysis belowfor more information). 10. The applicant shall paint a crosswalk across the driveway into the site via River Valley where the multi-use pathway crosses. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 3. Prior to issuance of Certificate of Occupancy, the applicant shall close the existing access to the state highway (N. Eagle Rd./SH 55) as set forth in UDC 11-3H-4. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The site plan prepared by The Land Group on December 6, 2012, labeled Sheet C3.01, is approved (stamped "approved" on 1/25/13 by the City of Meridian Planning Department) with no changes. 6. The landscape plan prepared by The Land Group on December 6, 2012, labeled Sheet C3.01, is approved (stamped "approved" on 1/25/13 by the City of Meridian Planning Department) with no changes. 7. The elevations prepared by Kravit Architectural Assoc., labeled Sheet 2, are approved (stamped "approved" on 1/25/13 by the City of Meridian Planning Department) with no changes. 8. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Department. 9. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 10. If any changes must be made to the site plan to accommodate ACRD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 11. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Conditions Document 2 SGI Property CZC-12-084; DES-13-010; ALT-13-003 12. At such time that the multi-use pathway along E. River Valley Street and N. Eagle Road (SH 55) connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 13. Prior to Certificate of Occupancy, the applicant shall record across-access/ingress-egress easement to adjoining properties to the north (south of the South Slough) and submit copy of said easement to the Planning Department in accord with the provisions of UDC 11-3A- 3A2. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The subject property adjoins a state highway (SH 55); access to the state facility is restricted as set forth in UDC 11-3H-4B. 3. The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-SB-6G. The applicant shall contact Planning Department staff regarding any proposed modification and/or transfer of ownership. 4. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 5. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-12-010; CUP-12-008). 6. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 7. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 8. The applicant shall have an ongoing obligation to maintain all pathways. 9. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 10. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. ANALYSIS OF UDC REQUIREMENTS RELATED TO SITE SPECIFIC CONDITIONS: Conditions Document 3 SGI Property CZC-12-084; DES-13-010; ALT-13-003 The applicant has submitted two requests for Alternative Compliance in accord with UDC Table 11-SB-5 as follows: • UDC 11-3B-7C.3 requires a minimum density of one tree per 35 linear feet in all required landscape buffers along streets along with shrubs, lawn, or other vegetative groundcover. Based on the street frontage along E. River Valley Street, a minimum of 7 street trees are required within the street buffer; 4 are depicted on the landscape plan. The applicant requests approval to relocate 3 of the 7 trees required within the street buffer along River Valley Street elsewhere within the site (on the north side of the building and on the north side of the trash enclosure). Strict compliance is not feasible due to the NMID easement located along the frontage, the location of the 10-foot wide multi-use pathway also along the frontage, as well as pedestrian ramps and offsets required to ACHD storm water facilities and signage. In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Because of the site constraints due to the location of the NMID easement ,the pathway, and storm water facilities, the Director fmds strict adherence to UDC 11-3B-7C.3 is not feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant's proposal to relocate the required trees elsewhere on the site provides an equal means of meeting the applicable UDC requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties since an equivalent amount of landscaping will still be provided on the site. • UDC 11-3B-7C.6 does not allow impervious surfaces within the landscape buffer other than driveways, outdoor seating, signs, walkways or vehicle display pads. The site plan depicts aback-up area for the parking lot within the required street buffer along N. Eagle Road. The applicant states that due to size constraints of the site resulting from the NMID easement, road right-of--ways, and required cross-access lane on the east, the available area for parking is reduced to the point of not being large enough to serve the building square footage, so every stall is critical. As an alternative, the applicant proposes over 60 shrubs in the reduced area of the buffer. In order to grant approval for alternative compliance, the director shall determine the following findings: Conditions Document 1 SGI Property CZC-12-084; DES-13-010 1. Strict adherence or application of the requirements is not feasible; OR Because of the site constraints due to the location of the NMID easement, road right-of--ways, and required cross-access lane on the east, the Director finds strict adherence to UDC 11-3B- 7C.6 is not feasible in order to retain the most amount of parking on the site as possible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant's proposal to plant a significant amount of bushes in the area where the buffer is reduced provides an equal means of meeting the applicable UDC requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties since an equivalent amount of landscaping will still be provided on the site. • UDC 11-3B-8C.2d, requires each interior planter that serves a single row of parking spaces to be landscaped with at least one tree and covered with low shrubs, lawn, or other vegetative groundcover. The site plan depicts 3 planter islands within the parking area where a total of 3 trees would be required. Because of the location of the NMID easement on the site, it is not feasible to plant trees within the planter islands as required as they would be within the easement. The applicant is proposing 3 extra trees on the north side of the building as an alternative means of complying with UDC requirements. In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Because of the location of the NMID easement, the Director finds it is not feasible to plant trees within the planters as they would be within the easement and not allowed. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant's proposal to plant the required trees elsewhere on the site provides an equal means of meeting the applicable UDC requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties since an equivalent amount of landscaping will still be provided on the site. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before February 9, 2013, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-SA-6B. Conditions Document 2 SGI Property CZC-12-084; DES-13-010 If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until January 25, 2013. Conditions Document 3 SGI Property CZC-12-084; DES-13-010 EXHIBITS A. Vicinity Map B. Site Plan (dated: 12/6/12) C. Landscape Plan (dated: 12/6/12) D. Building Elevations Conditions Document 4 SGI Property CZC-12-084; DES-13-010 A. Vicinity Map Conditions Document 2 SGI Property CZC-12-084; DES-13-010 B. 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L---. x. ,~ -1 I. 1 1~ i ~. ~PSkim ,i2~&gd Ritl~ ... ~ .~ ,--ice.-~~~r - , i w • ~• .~ - - - ... ~~~.~ .L t ....~, •.rr r ;. ~ _. ~~ 4 r... ~J''f ~.V =~.'L~11".Y ~i~F i~~."' ~~ O N -: ~. _~ , a ~3. ~ P.a.,.~ i d) . ~ f! mic.. wwa zcmi rncii ~rsic*ii C2.06 Conditions Document 5 SGI Property CZC-12-084; DES-13-010 ~ ~ ~ r ~, ~ k f -_. _ i~ _ ~rri e~wue'v _ f ~~ ~ ~a ~•~ ;~ k'• :: nt t~~ ~'an swur ^w w as ~ •e~ ra a r 4 w ' ~ t - ~ ~~~~ . `~"~ ~: ~ ~_ ~ = S.I ~-- ITT f _, 1 ~ ~~ a- ~j --=~~C.. .. .. EEE... _~~. ~'i~~ .~. ~~~~...,a. ~~~ _ ~ L ~~~~ _©_ ®~ `- ~ ~___~~I ~ _ ~~ ~_ 1 ~- ~_ ~ -- r YM_ V) ~t~A ~ g $~ Conditions Document 6 SGI Property CZC-12-084; DES-13-010 ~~E ID1Z IAN,- - ~_..J Type of Review Requested (check all that apply) ^ Accessory Use ^ Alternative Compliance B Certificate of Zoning Compliance /6l~ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification 8 Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other Applicant Information Applicant name: G4 Acquisitions, LLC Phone: 561-4414780 Applicant address: 7795 NW Beacon Square #201 Boca Raton, FL Zip: 33487 E-mail: ken~interfaceproperties.com Applicant's interest in property: ^ Own ^ Rent B Optioned ^ Other Owner name: SGI, LLC Owner address: 3024 Edson Street, Boise ID Agent name (e.g., architect, engineer, developer, representative): Firm name: Doug Russell Phone: 867-8896 Zip: 83705 Fax: E-mail: neserrick@gmail.com The Land Group, Inc. 97f1 AAA _ Phone: _ zip: 83616 Fax: 939-4445 E-mall: doug~thelandgroupfnc.com Address: 462 E Shore Dr., suite 100 Primary contact is: ^ Applicant ^ Owner 13 Agent ^ Other Contact name: Same Phone: Fax: Contact address: Same Zip: E-mail: Subject Property Information Location/street address: 2420 N Eagle Rd Assessor's pazcel number(s): S1104234102 Township, range, section: 3N 1 E 04 Current land use: single family res Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): ~ ~~ -I.2'--G~ ~~ DC~_ 13-pion, /tt_T~! Project name: c~ ~-'~ ~.-~ Date filed: Da~te(complete: Assigned Planner: ~~ uL (yGLCi~--) Related files: ~T Total acreage: 1.14 Current zoning district: C-G 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) -~3 Project Description Project/subdivision name: 3N 1 E 04 General description of proposed project/request: Commercial multi-tenant retail building @ 5,000 s.f. with the option for a full 10,000s.f retail building or the addition of a drive-thru restaurant Proposed zoning district(s): C-G Acres of each zone proposed: 1.14 Type of use proposed (check all that apply): ^ Residential 8 Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): 10' wide regional pathway Who will own & maintain the pressurized irrigation system in this development? N/A Which irrigation district does this property lie within? NMID Primary irrigation source: Meridian City Water Secondary: N/A Squaze footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 13, 360 Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum squaze footage of structure(s) (excl. gazage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: OSingle-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: one Other lots: Gross floor azea proposed: 5,040 Existing (if applicable): Hours of operation (days and hours): Building height: 28'4" Percentage of site/project devoted to the following: Landscaping: 13,360 Building: 5040 Paving: 15,332 Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: 27 Number of compact spaces provided: 0 Authorization Print applicant name: Doug Russ I Applicant signature: Date: 11/30/2012 3 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: ) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 November 30, 2012 Mrs. Sonya Watters City of Meridian Planning Division 33 E Broadway, Suite 102 Meridian, ID 83642 THE LAND GROUP, INC. Re: SGI Property- CZC and DR Applications Narrative Dear Sonya, We respectfully submit this application for review by the City of Meridian Planning Division. We are requesting Certificate of Zoning Compliance and Design Review applications for our 1.14 acre site, located at 2420 N Eagle Rd that is currently zoned C-G in the City of Meridian. This property lies within the City of Meridian comprehensive planning boundary and is designated as MU-RG. The site currently contains an existing home and an accessory structure that will be removed upon approval of these applications. The site is adjacent to a vacant lot to the north (RUT), multi-family residential to the east (R-40), CenterCal property to the south (C-G), and office to the west (L-O). This application identifies phase 1 development of a 5040 square foot multi-tenant retail building with 2 options for phase 2. These options include building a total of 10,000 s.f. retail building or a pad site for a drive thru restaurant facility. In order to maintain flexibility in project build-out, we are requesting that both options be approved to allow for tenant driven leasing flexibility moving forward. It is understood that if the drive thru facility becomes the chosen direction for development, the owner will be required to submit an additional application for a short plat and Design Review to have elevations for the drive thru approved once a user is defined. The project has been approved at both Planning and Zoning and City Council for annexation and zoning along with site plan approval, landscape plan and building elevations, and buffer widths (including reduction of buffer width along the east property line). The architectural character of the building will complement adjacent development in a number of ways. All four building facades are visible from public streets and include modulation with columns, awnings, and cornice projections. The primary entrance is clearly defined as shown on the included elevations. Modulation in the roof lines is accomplished through two roof planes and parapet heights. Pattern and variation is accomplished through the use of decorative awnings, stonework, banding and cornice work, decorative coloring and accents, stone wainscot around the entire building, decorative lighting, and stucco finishes for additional texture. All mechanical equipment will be screened from view from adjoining right-of-way. Parking lot design includes 27 stalls in this initial phase with no compact spaces. Pedestrian connections are accomplished with the extension of the 10' multi use pathway from the apartment complex on the Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com east along River Valley Street and extending northward along our Eagle Road frontage. Interior pedestrian connections are provided from both road frontages into our internal sidewalks. With this application, we are requesting to supply the required Change of Use letter from ACHD prior to building permit issuance, rather than accompanied with this application submittal. In order to provide the letter from ACHD now, an application must be i'Iled with ACHD and impact fees paid. We can't pay impact fees until our CZC is approved, but in any case impact fees will be paid prior to issuance of building permit. We appreciate your assistance with this application and are hopeful that these designs are favorable with city staff. Please contact me if you have any questions or need any additional information. Sincerely, ~~l ~~ Doug Russell, ASLA The Land Group, Inc. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Share Drive, Suite 100 • Eagle, Idaho 83616 - P 208.939.4041 • F 208:939.4445 • www.thelandgraupinc.com January 24, 2013 Mrs. Sonya Watters City of Meridian Planning Division 33 E Broadway, Suite 102 Meridian, ID 83642 TT-T~ LAND GROUP, I1VC. Re: SGI Property- Alternative Compliance Application Dear Sonya, We respectfully submit this application for Alternative Compliance review by the City of Meridian Planning Division. The specific requirements that are proposed to be modified include the following: 1. 7 Trees are required along the River Valley Street frontage. Strict adherence is not practical due to the NMID easement located along the frontage, the 10' wd regional pathway location and ped ramps, as well as offsets required to ACHD storm water facilities (catch basin) and signage. These factors reduce the linear footage typically available for tree planting. We have placed additional trees on the site including 2 on the north side of the trash enclosure and 6 along the north property line. 2. 35' continuous buffer is required along Eagle Road. Avery small area used for parking space back-up area is encroaching in the buffer. With the site size constraints from the NMID easement, road right-of-ways, and required cross access lane on the east, the available area for parking stalls is reduced to the point of not being large enough to service the available building square footage, so every stall is critical. We have provided well over 60 shrubs in this area as well as doubled the size of the evergreen screen around the small area in question. 3. Trees are required in the internal parking lot landscape islands. Two of the islands are fully located within the NMID easement which will not allow tree planting. We have placed additional trees on the site including 2 on the north side of the trash enclosure and 6 along the north property line. Please see the attached plans for review. Let us know if you have any questions or need additional documentation. Thank you. Sincerely, Doug Russell, ASLA The Land Group, Inc. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com E IDIAl`~J~ '' Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Address Verification Date: 11/30/12 The address information below has been researched and verified as the "correct address" by the City of Meridian Community Development Department. Project Name: SGI Address: 2420 N. Eagle Rd. Zip Code: 83646 Parcel: S1104234102 Note: This parcel has been previously addressed off N. Eagle Rd. If new structure faces (and accesses from) E. River Valley Rd., a new address may be required. 1) The address has been assigned based on available information. _X_ This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. Municipal water is available for connection at this location. Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) _X_ This is an existing structure that is currently connected to municipal services. ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. Address Verification Rev: 04/23/12 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, s~z, ~.~..e.. 3aZ~ ~dg~-n s~• b 15 (~ (name) ~ ._ (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the. property described on the attached, and I giant my peinussion to: ~cf ~~9~ Nw P ~~c~ S~B~v~~Zo~ afar ~ze~us~ L.LC. (name) BSA' ~Oa cljess~~.. 33~~~ to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 2~~ day of ~~ ~S ~ _ _, 20 12~' ~~-~ /~ ~ ` /~wfkoyr°~ _(si~t'at"~~Gsc,~.-ele, SUBSCRIBED AND SWORN to befaae me the day and yeas t above w 't (Notary Public for Tdaho) SARA INELK Residing at: ~~ Notary Publlc 8tob of Idaho My Commission Expires: ~ ~ ~ ' 33 fi H~nadway Suite 210 • Meridian, Idaho 83642 Fhone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meiidiancityorg ' ~!` l450 East Watertow~rSt,' ~.- -- DAH O s~ttE i 30 5 U RVEY rt~~d-~,, iaaho 83b42 ~- GROUP Phoniz (zos~ a46-eslo .~ __ Fax (248} 884-5399 Project No. 12-084 August 15, 2012_ Revised September 13, 2012 DESCRIPTION FOR ;2420 N. EAGLE ROAD.. A parcel of {and located in the SW 1!4 of the NW 1/4 of Section 4, T.3N.:, R.1 E. B. Ul., Ada County,. Idaho more particularly described as followst Commencing at the W1/4 corner of said Section 4 from which the NW cornea of Section 4 bears North 00°36'08' East, 2613.39 feet; thence along the East-West centerline of said Section 4 South 89°48'23' East, 110.00..00 feet to a paint on the East right-af--way line of N.-Eagle Road, sad_paint being the. REAL PRINT OF BEGINNING; thence along said East right-a#--way line North 43°50'39" West, 57.32 feet; ' thence continuing along said East right-of-way line North 00°36'08"' East, 138.97 :feet,. thence'teaving of said East right-af-way line'Sauth 89°45'23" .East, 280.00 fee# thence South 00°36'08" 1Nest, 180.00 feetto a point an the East West centerline of said Section 4; thence along said East-West centerline North 89°45'23' West, 240::.00 feet. to the REAt_ POINT OF BEGINNING containing 1.14 acres, more: or less.. Prepared: by: Gregory G. Carfer, P,L.S; S:~ISG Projects12420 Eagle Rd Topa 12-0841Documents~QESCRIPTtOMl.doc S' 32 S 3 3 S S S 4 ~i ~~ cad 1 ~~~ Z N w3 S 89"45'23" E 350.aa' - ~ oD CJ Q 70.04'. t\ 28Q04' - _ C/l M ~ Q ~ ~ ~1 r7 ~ Q3 ~'' 70' WIDE EAGLE ROAD ~ Ia ~.~a. R1GNT-OE-WAY Ici ,i ~ ~ ~ ~ 2420 N. EAGLE RD, '3 ~ ~ ~ 1.45 ACRES {ANNEXATION AREA ~ ~ M . 62999 's.f. i o ~ 1 ~ ~ ~`' z ~ o <~ ~ f /4 CORNER POSITION CALCULATED PER R05 x$526 _ _ _ 24x.x0' _ N 89'45'23" W' 35x.00` - - - - - LEGEND ANNEXATION BOUNDARY LINE i~ a 723 C ~r ~'1.~(~ ~O 'PF F O F ~O .~~~ GARY D ~ P~ ~.cb\<'a79 Enq~• A:f Taco ~7-C6~Ao.p\Anne aUm+ x.nx,4,Eyq 9f]3f$012 S Obf 76 PN 401 ~Dr~~O 1450 E. N1ATERTQI^lER5T. 1 SUITE UO SURVEY R1ERtDIAN, IDAt16836d1 GRDUP, P.C. ~zoa>8d6-$510 1 '.''S Sj ©~ • )~+ ,9s ~fa.ao' ROAQWAY UNDER CONST, _ _ _ _ .~ _ SECTION LINE R{GHT-OF-WAY ' .INE t0 60. 180 0 34 120 SCALE: 1,, = 6Q' EXHIBIT DRAWING FOR ;ioe No. 2420 N EAGLE ROAD 'Z-D~, . ANNEXATION ~ ~ No. LOCATED IN THE NW ~ Ja OF SECnDN 4, 7:3N., R.tEi, 8.41., DWG. DATE 9/13/12 ADA COUNTY, fDANO i ~ -._ ..) 1450 Easy Watertower Sc. ~~ _ - y ~ ~~ N ~ Suite 130 3 4 S U RV E~ Meridian, Idaho 8364? ~~ GR~UP Phone (208}846,8570 - `~~ -- Fax (208) 884-5399 Project. No,.12-084 September 5, 2012 -DESCRIPTION FOR' 2420 N. EAGLE ROAD ANNEXATION A.parcel of land located in the SW 114 of the NW 1/4 of Section 4,'7.3N:, R.1E',., B.M., Ada Caunty, Idaho more particularly described as follows: BEGINNING at the W114 corner of said Section 4 from: which the 'NW corner of Section 4 bears North 00°36'08' East, 2611.39 feet; thence along the West boundary line of said Section 4 North DO°36'08' East,.. 180.00 feet;: thence leaving of said West boundary line South 89°45'23" .East, 350.00.: feet; thence Sou#h 00°36'08" UVest, 180.OQ feet to a point on the .East-West centerline of said Section 4; thence along said East-West centerline North 89°45'23' West, 350:00 feet to the ..REAL POINT C?F BEGINNING, containing 1.45 acres, 'more or less. Prepared by ldah Surve oup P.C. S°~~~ ~,~~~~'~ 6. Gregory G. Carter, P:L.S. S:USG Projects12A20 Eagfe Rd Topo 12-g84taocumentstANNEXATION dES+CRiPTt(}N.doc r t i T . - 4'• b :t l -`~ !S AMra~C a ~~~ -: 1y WAI~;~;ANTY DEED For Value Received Donia M. Hart. as uamatried woman hetriaaRer referred to es Grantor. does hereby grant, bargain, sell. and convey unto StiI, I.I.C, an Idaho Limited Liability eoatpaay hereinafter «fetred w u Grantee. whose aareat address is c1o 5481 Millstream Wry, Boise, ID 83704 the following descn"Ded premises. to-wit: SEE EXHIBIT A ATTACHED HERETO AND MRDE A PART H3RFA£. To HAVE AND TO HOLD the said premises, with their appnrtwat-ca raw the avid Grantee, hla Tui:a sad assigaa forever. And the acid Gnnwr dos hereby covenant w sad with the said Grantee, that Graawr is the owner in fix simple ot? saud pteatiaea; that said premises ace free Emm ill mcumbcaores except curtest years taxes, levies, and assessments. and except U.S. Petmt tt~ervations, restrictions, easemmq of retxad, and easaaenta visible upon the premises, and that Gtaawr wt71 wartamt and Mead the ware fceat aU claims whatsoever. . i Dead: August 16, 2000. ~' /Yt~,t. et_. ,~ :~' FIRST AMERICAN ~ DoAia M. Hart . ~~~ 1 i RECORDED- E U T OF ADA COUNTY RECORDER J. 0A`1t0 NAVARP.0 r.ocsE.ID~t!o FEE 0 srATB of IDAHO ) 1Q08 Al! t 6 Pt1 4t 35 10 0 0 6 4 9 61 sa. COUNTY OF Ada ) On This ~ to day of August, is the year 2000, before rne. a Notary Publle is affi for said Stara, personaAy appeared Donis M. Hart, known or idmdfied w ate to be the person(a) whose name(s) b subscribed to the within Instrtrrnettt, and arJmowledged w the that she exeatted the sat~a~ _ Residing at Boise Commissfon arpinx: 11/10/2003 Exhibit A, page 1 First American Title Company of Idaho . t t . EZHIBIT "A" That portion o! the southxast quarter of the Northxest quarter of section 4, Toiraship 3 6torth, Raaga i East, eoiss Merfdiaa, Ada County Idaho, more partiaularip described ss #oilox®= Beginning in the past quarter ooraer o! seatioa 4, Toxnshfp 3 Nortb, Range 1 East, eoiss Meridian, Ada County, Idaho; thence North 160.00 feat along the best tins of said Section 4 to a point; thence East 350.00 #est to a points thence South 160.00 teat to the East-past quarter line of said section 4; thiacs past 350.00 #eet to THE POINT OF BEGINNING. E2CEPTING THEREFROM the Asst 25 feet AND FOATHER BZCEPTZNG that portion deeded to tho 6TATB OF IDAHO, IDAHO TRANBPORTATION DEPARTMENT, !or the xideniag of Eagle Road, recorded Ootobar 3, 1995, as 2astru4sat No. 95072226, 0##iaial Records. Exhibit'A, page 2 `. W Z N N t .~. i, ~~ .' ,'' ~. r•-~~ i ._~ .~ Pa al Q3 N . _. .~ _ i s w t of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to SGI, LLC, whose address is 3024 W. Edson Street, Boise, ID, the parry that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers North Eagle Road, LL.C, whose address is 1332 Main Street, Suite 30, Columbia, South Carolina 29201, the parry that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed as C-G (General Retail and Service Commercial District), and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code & 11-2B-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: S.1 Owner andlor Developer shall develop the Property in accordance with the following special conditions: Access to the site shall be provided as shown on the site plan via E. River Valley Street; direct access to N. Eagle Road is prohibited. 2. Across-access easement shaII be granted by the property owner to the properties to the north, south of the South Slough, for access via E. River Valley Street. A copy of the recorded easement shall be submitted to the Planning Department prior to issuance of the first Certificate of Occupancy for this site. 3. A 35-foot wide landscape buffer is required along N. Eagle Road in accord with the standards listed in UDC 11-3B-7C, per UDC Table 11-2B-3. A 15-foot wide landscape buffer is also required adjacent to residential uses in accord with the standards listed in UDC 11-3B-9C, per UDC Table 11-2B-3. Internal parking lot landscaping will be required in accord with the standards listed in UDC 11-3B-8C. DEVELOPMENT AGREEMENT -SGI, LLC (AZ 12-010) PAQE 3 OF 11 4. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district, per UDC 11-2B- 3A.4. Extended hours of ope~~ation may be requested through a conditional use permit. 5. A 10-foot wide multi-use pathway is required to be constructed along N. Eagle Road and E. River Valley Street as shown on the site plan. The pathway should be constructed in accord with the standards contained in the Pathways Master Plan and in a location approved by the Parks and Recreation Director. 6. A public pedestrian easement for the multi-use pathway is required to be submitted to the City, approved by City Council, and recorded prior to issuance of the first Certificate of Occupancy on this site. The pathway shall be constructed in its entirety with the first phase of development. 7: The developer is required to obtain approval of a Certificate of Zoning Compliance and Design Review application prior to issuance of building permits. The layout of the site and design of the structure(s) shall be generally consistent with the site plan and building elevations approved with this application and shall comply with the design standards listed in UDC 11-3A-19 and the. guidelines contained in the Meridian Design Manual. 8. The developer shall install pedestrian lighting and landscaping consistent with the Eagle Road Corridor Study along the multi-use pathway adjacent to Eagle Road/SH SS in accord with the standards listed in UDC 11-3H-4C. 6. COMPLIANCE PERIODICONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner and/or Developer or Owner's and/or Developer's heirs, successors, assigns, to comply with Section S entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all. of the terms and conditions included in this Agreement. shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot DEVELOPMENT AGREEMENT -- SGI, I1.C (AZ 12-010) Pncfi 4 OF 11 _ ~~aa __ .~-., °"e'I s6ulnneaa uol~~na~suo~ IlBlp119W ~ ~~~ O ~uawdolanaa a~lS u~ld ,~~ j~} ~rj I JS ;no~t~~ a~lS a~ a ~ ~ U >~ ~~ ~~ Y~gg ~~~~€nG ~ ~ b ~N~ 6 R ~ ~b ~~~ ~ ~E~ ~~ ae Q ~ B ~kt`t ~ ~ YSW r .~W g f tab ~ ~ ~ yep ~ ~ m ~ Y ~~~ ~ ~~~ ~ ~ p ~ ; € ~ ~ L1Q ~ ~~ a - ~~ a~ ~ ~~ ,o ~ ~ ~ m~~ ~ g ~~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~n ~a~ ~m~ ~ 0~ ~ ~~~~~¢ ~~~ ~ ~~~~~~ ~~~ ~ ~~ ~ ~ ~ ~ ~g ~ tl 9 m 3 ~ ~~ ~ ~~ ~ ~ ~ ~ E ~ 3k 3 b d~ ~ _ « .+ ~ .n id d °~ ~ _ ~ _ Y _ N e e a g _ _ _ _ _ 1 _ tl ~ Il it ~3RE Y~~~S ~I :: I 1 a I Q i a z ',. i ',, l ~ ~, I I ~ G ' . ~ I I ~ O 7 _ 1. 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