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Application~~E IDR IAN-- IDAHO / TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure 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: Jaycee Holman, City Clerk, by: Transmittal Date: March 13, 2013 28-Mar-13 File No.: RZ 13-003 Hearing Date: April 4, 2013 Request: Public Hearing -Rezone of 0.47 of an acre from the R-8 (Medium Density Residential) to the O-T (Old Town) zoning district for 807 N. Meridian Road By: LTD, LLC Location of Property or Project: 807 N. Meridian Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Macy Miller (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary SeNICeS (No VAR, VAC, FP) Building Department /Rick Jackson Fire Department POlice Department City Attorney Community Development City Planner Parks Department Economic Dev. City Engineer Meridian School District (No FP) Meridian Post Office (FP/PP/sHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QWest (FP/PP/SHP only) IntermOUntaln GaS (FP/PP/SHP only) Idaho Transportation Dept. (IVo FP> Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control /Tim Page Your Concise Remarks: City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org E IDIAN~-- rc~A~oa Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit STAFF U5E ONLY: ^ Conditional Use Permit Modification Q7 ~ ~ ~ ~Q ~j ^ Design Review File number(s): R~~" ^ Development Agreement Modification ^ Final Plat ^ Final P1aYModification Project name: ^ Planned Unit Development Date filed: ~f~ ((? Date complete: ^ Preliminary Plat ~~ W ~~~ ^ Private Street Assigned Planner: S~ ® Rezone Related files: ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment Hearing date: ^ Commission ^ ^ Vacation (Council) ^ Variance Council ^ Other Applicant Information Applicant name: LTD, LLC Phone: 870-8814 Fes; Applicant. address: PO Box 40 Zip; 83680 E_~1; crestwood20ot®gmal~.com Applicant's interest in property: (i3 Own ^ Rent ^ Optioned ^ Other Owner name: Same Phone: Fax: Owner address: Zip: E-mail: Agent name (e,g., architect, engineer, developer, representative): Firm name: Civil Survey Consultants, Inc. Address: 1400 E. Watertower St., Suite 100 _ Phone: 888-4312 Fes; 888-0323 Zip: 83642 E-mail: mhart@avilsurvey.net Primary contact is: ^ Applicant ^ Owner ®Agent ^ Other Contact name: Matt Hart _ Phone: 888-4312 Fes; 888-0323 Zip: 83642 E-mail: mhart@civilsurvey.net Contact address: 1400 E, Watertower St., Suite 100 Subject Property Information Location/street address: 807 N. Meridian Road, Meridian, Idaho 83642 Assessor's parcel number(s): 89323750080 Township, range, section: 3N 1 W 12 Cunent land use:. commercial Total acreage: 0.26 Current zoning district: R-8 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: wwwmeridiancity.org 1 (Rev. 11/29/11) Project Description Project/subdivision name: LTD, LLC Rezone of 807 N. Meridian Road General description of proposed project/request: Rezone Application only - no development plans Proposed zoning district(s): Old Town Acres of each zone proposed: 0.26 Type of use proposed (check all that apply): ^ Residential ®Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): NA Who will own & maintain the pressurized irrigation system in this development? NA Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Primary irrigation source: City Water Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): 13,000 sf Residential Project Summary (if applicable) Number of residential units: NA Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU~acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (Dt3/acre-e~cctuding roads & alleys): Acreage of 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: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) Number of building lots: 1 -existing Other lots: 0 Gross floor area proposed: 2 ~ 09 Existing (if applicable): 2109 Hours of operation (days and hours): NA Building height: 2story -existing Percentage of site/project devoted to the following: Landscaping: NA Building: Np` Paving: NA Total number of employees: NA Maximum number of employees at any one time: NA Number and ages of students/children (if applicable): NA Seating capacity: NA Totat number of parking spaces provided: Np` Number of compact spaces provided: NA Authorization Print applicant name: LTD, LLC -Laird Graham Applicant signature: Date: / a-- ~ - ~ Z"'_ ,~~ ~~ Y• ~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 11/29/11) Civil Survey Consultants, Inc. Glenn K. Bennett, P.L.S. President 1400 E. Watertower Street Suite 100 Timothy A. Burgess, P.E. Meridian, Idaho 83642 Vice President February 27, 2013 City of Meridian Planning Department 33 E. Broadway Ave., Suite 102 Meridian, ID 83642 Re: Rezone Application - 807 N. Meridian Road To Whom It May Concern: On behalf of the owners, (LTD, LLC) of the property located at 807 N. Meridian Road, we would like submit the attached Application for Rezoning and supporting materials. Please allow this cover letter to serve as the narrative describing the rezoning application. The subject parcel, located at the northwest corner of Meridian Road and Idaho Avenue, lies adjacent to the ACHD's Meridian Split Corridor -Phase II (MSC2) project, which is currently under construction. The owners wish to rezone the property from it currently zoning of R-8 to Old Town (OT). No improvement plans for the property are proposed at this time, but a basic concept plan was developed as required by the rezone application. As required, apre-application meeting was held on 1/3/13, and a neighborhood meeting was held on 12/6/12. Meeting notes and asign-in sheet are included with this application, respectively. Thank you for your time and consideration. If you have any questions, please do not hesitate to contact our office. Sincerely, CIVIL SURVEY CONSULTANTS, INC. ~~~/ (208)888-4312 Fax 888-0323 Matt Hart, PE ~~ R~ARJ[~Aly3'Y DE:E~ 8857814 FOR VALUE RECEiVEp JOSEPH A. JOi~I90t~1 Iz, alsa ity><xan as Joseph Johnson, and !]8lRY C. JO~dSCeT, huro.~and acrd wife G~RAtFTOR(s), daes(do) hereby GRANT, BARGAIN, SELL and CONVEY unto L.T.D. OQMPANY, a paarsaership . ' , P. 0. Box 426 Heridiaa, Zdaha 83642 CRi-IZIEE(S). whose aunat ttddtrss is: . the toUawia~ iatas3ed scat property az ;AAA t:oanty, State of Idaho, toare prrrieolsdy titstat'bad u foAt>:vs, to wit: F~15T 13A.86 'FEE:f OE' IIJT 3 IN BT37CiC 1 Ofi SST V.LhiV Ai7iDITZGlV TD t~TDIAD], ACt7J~tDINv Ti? Ti3E OFETC7AT, PLAT THFRD~IE'r FILED TN fl00K 2 OF P7Ii'CS AT PFD $$, RD6 OF ALIA COUIJi'Y, . r 7+L1 HAVE AND TU HOLD the said premises, with their tppmteaanas nato the said Grantee(s). sad Grantee(s) bras snd tertigts fatGVer: Aad the said Graswr(s} doeafdo} ,hereby crrvenara to sad with the said Grantee(s). that Gritttons) islaso the oeaaer(s) en fee sir»pk of said presaises; that said premises ase fine ftum aA encttmbtataxs, EXCEPT those w which this quure~anoe is expressly made snbjtxt and those tnsde, sulferod trr done by the Grarttce(s); sod subject to seservatioas, t+estric- tions, essr~mu, right of way and agrersneitts, Ct aey} of tteotd, and general taxes arY4 its, Gnclttdes itRiss6tlo attd ut~y ttsstsamtatts, if xny} for rite tatrtrat year, altirh are tttlt yu due sad paysbic, snd that Graawr(s) will war- raat sad ttdead ffie same from all Iawfid chums whatsoever.. Datsar 23, I.488 A. ~ N9©tJ ~ 1~ G. -J~oHN9dN J At3Clit7liyN'i' = Ind;•!iduat;,. . i-: . STATE OF Idafsti`'=a, ;.~]"'pr;.•_Ad~~at. Oothis ~~ a" s `t~ot'~"1 ~~'`''{'• : , r ^a*r ~air~tmc*Qr io tl+e yrar offs `_ ~ $8 p : -r ~, v..,,. a ~ e~ r.t., i ,, . -~+,~" ~ t T~,B ilDtaty puattC, ptesgraD~appetined~~`-~-~-'=--z' ~cir''II atsd Ma~t?= xlsft:;,~.,~t. •.• lmowaor i m mt; to.6eshe,~so~is - a56se, names-~t:~- snb~saib~ edjhela y ~aad me rhar EXFIItATiON DATE: ' 6.~2,r-93 STATE OF IDAHO, COIJIV't'Y QF ~~(,~ I bateby «rtify that this hunutneat was filed for record at the tom" ~ PiQNEER 3tRE CQr~ at +~~ndtatfm o'clock ~m., ~~~/1Gl aey of "1']D~. 19 , to ary office, sad daffy rexorded is Hook of Deeds at page -0ff:rio lt~eorder ~~~ ~A ~. Fees 5 Mal ter: CIO\EER TITi.E ~OMP.~NY of wa.coltam axt wm sum sam / tswaa, taho ascot r posy a3a-sloo x88 North Cola Paad /Hobs, IQaho 83704 i pos) 3I6270I1 AFFIDAVIT OF LEGAL INTEREST STATE OF H)AHO ) COUNTY OF ADA ) I, Laird C. Graham (name) Meridian (city) 1215 E. Green Haven St. (address) Idaho 83646 (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Civil Survey Consultants, Inc., 1400 E. Watertower St., Suite 100 Meridian, Idaho 83642 (name) (address) 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 day of ~~d ~/ -e ~ ~ ~- , 20 I ~-- (Signature) SUBSCRIBED AND SWORN to before me the day and year ~~~~~1111111/~~~ ~~~~ - ~ ~~~ ~~hael L, ~i~ ~.• o ary Public for daho) •• ~ :• :G1•~ • Norq,9 : -~ ~• ~' '~ Residing at: ~a~~,~~C~ ~~ SNP; QLIC ~~ ~ •' My Commission Expires: , s T 3~ Zo1 ~ :9~F.•••.....••~~O .,~~'''~F ~ ip P````~~ LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR LTD Company, LLC. A Member-Managed Limited Liability Company ARTICLE I Company Formation 1.1 FORMATION. The Members hereby form a Limited Liability Company ("Company") subject to the provisions of the Limited Liability Company Act as currently in effect as of this date. The Idaho LLC Certificate of Organization was filed with the Secretary of State on the 26th day of November, 2010 under certificate number CT253086; BH1248618; W98235. 1.2 NAME: The name of the Company shall be: LTD Company, LLC. 1.3 REGISTERED AGENT. The name and location of the registered agent of the Company shall be: Dennis M.lohnson 225 North Meridian Road P. O. Box 40 Meridian, Idaho 83680-0040 1.4 TERM. The Company shall continue for a perpetual period, subject to the following: (a) Members whose capital interest as defined in Article 2.2 exceeds 50 percent vote for dissolution; or (b) Any event which makes it unlawful for the business of the Company to be carried on by the Members; or (c) The death, resignation, expulsion, bankruptcy, retirement of a Member or the occurrence of any other event that terminates the continued membership of a Member of the Company; or (d) Any other event causing dissolution of this Limited Liability Company under the laws of the State of Idaho. 1.5 CONTINUANCE OF COMPANY. Notwithstanding the provisions of ARTICLE 1.4, in the event of an occurrence described in ARTICLE 1.4(c), if there are at least two remaining Members, said remaining Members shall have the right to continue the business of the Operating Agreement - 1 Company. Such right can be exercised only by the unanimous vote of the remaining Members within ninety (90) days after the occurrence of an event described in ARTICLE 1.4(c). If not so exercised, the right of the Members to continue the business of the Company shall expire. 1.6 BUSINESS PURPOSE. The purpose of the Company is to lease a building located at 807 North Meridian Road, Meridian, Idaho for retail or office space. 1.7 PRINCIPAL PLACE OF BUSINESS. The location of the principal place of business of the Company shall be: LTD Company LLC. 225 North Meridian Road P. O. Box 40 Meridian, ID 83680-0040 Principal place of business may be changed at a location the Managers from time to time select. 1.8 THE MEMBERS. The name and place of residence of each member are contained in Exhibit 2 attached to this Agreement. 1.9 ADMISSION OF ADDITIONAL MEMBERS. Except as otherwise expressly provided in the Agreement, no additional members may be admitted to the Company through issuance by the company of a new interest in the Company, without the prior unanimous written consent of the Members. ARTICLE II Capital Contributions 2.1 INITIAL CONTRIBUTIONS. The Members initially shall contribute to the Company capital as described in Exhibit 3 attached to this Agreement. The agreed total value of such property is $190,000. 2.2 ADDITIONAL CONTRIBUTIONS. Except as provided in ARTICLE 6.2, no Member shall be obligated to make any additional contribution to the Company's capital. ARTICLE III Profits, Losses and Distributions 3.1 PROFITS/LOSSES. For financial accounting and tax purposes the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Exhibit 2 as amended from time to time in accordance with Treasury Regulation 1.704-1. Oneratirre AEreemenY - 2 3.2 DISTRIBUTIONS. The Members shall determine and distribute available funds annually or at more frequent intervals as they see fit. Available funds, as referred to herein, shall mean the net cash of the Company available after appropriate provision for expenses and liabilities, as determined by the Managers. Distributions in liquidation of the Company or in liquidation of a Member's interest shall be made in accordance with the positive capital account balances pursuant to Treasury Regulation 1.704-I(b)(2)(ii)(b)(2). To the extent a Member shall have a negative capital account balance, there shall be a qualified income offset, as set forth in Treasury Regulation 1.704-I(b)(2)(ii)(d). ARTICLE IV Management 4.1 MANAGEMENT OF THE BUSINESS. The name and place of residence of each Manager is attached as Exhibit 1 of this Agreement. By a vote of the Members holding a majority of the capital interests in the Company, as set forth in Exhibit 2 as amended from time to time, shall elect so many Managers as the Members determine, but no fewer than one, with one Manager elected by the Members as Chief Executive Manager. The elected Manager(s) may either be a Member or Non-Member. 4.2 MEMBERS. The liability of the Members shall be limited as provided pursuant to applicable law. Members that are not Managers shall take no part whatever in the control, management, direction, or operation of the Company's affairs and shall have no power to bind the Company. The Managers may from time to time seek advice from the Members, but they need not accept such advice, and at all times the Managers shall have the exclusive right to control and manage the Company. No Member shall be an agent of any other Member of the Company solely by reason of being a Member. 4.3 POWERS OF MANAGERS. The Managers are authorized on the Company's behalf to make all decisions as to (a) the sale, development lease or other disposition of the Company's assets; (b) the purchase or other acquisition of other assets of all kinds; (c) the management of all or any part of the Company's assets; (d) the borrowing of money and the granting of security interests in the Company's assets; (e) the pre-payment, refinancing or extension of any loan affecting the Company's assets; (f) the compromise or release of any of the Company's claims or debts; and, (g) the employment of persons, firms or corporations for the operation and management of the company's business. In the exercise of their management powers, the Managers are authorized to execute and deliver (a) all contracts, conveyances, assignments leases, sub-leases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting the Company's assets; (b)all checks, drafts and other orders for the payment of the Company's funds; (c)all promissory notes, loans, security agreements and other similar documents; and, (d) all other instruments of any other kind relating to the Company's affairs, whether like or unlike the foregoing. 4.4 CHIEF EXECUTIVE MANAGER. The Chief Executive Manager shall have primary responsibility for managing the operations of the Company and for effectuating the decisions of the Managers. 4.5 NOMINEE. Title to the Company's assets shall be held in the Company's name or in the name of any nominee that the Managers may designate. The Managers shall have power to enter into a nominee agreement with any such person, and such agreement may contain provisions indemnifying the nominee, except for his willful misconduct. 4.6 COMPANY INFORMATION. Upon request, the Managers shall supply to any member information regarding the Company or its activities. Each Member or his authorized representative shall have access to and may inspect and copy all books, records and materials in the Manager's possession regarding the Company or its activities. The exercise of the rights contained in this ARTICLE 4.6 shall be at the requesting Member's expense. 4.7 EXCULPATION. Any act or omission of the Managers, the effect of which may cause or result in loss or damage to the Company or the Members if done in good faith to promote the best interests of the Company, shall not subject the Managers to any liability to the Members. 4.8 INDEMNIFICATION. The Company shall indemnify any person who was or is a party defendant or is threatened to be made a party defendant, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Company) by reason of the fact that he is or was a Member of the Company, Manager, employee or agent of the Company, or is or was serving at the request of the Company, for instant expenses (including attorney's fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with such action, suitor proceeding if the Members determine that he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the Company, and with respect to any criminal action proceeding, has no reasonable cause to believe his/her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of "no to Contendere" or its equivalent, shall not in itself create a presumption that the person did or did not actin good faith and in a manner which he reasonably believed to be in the best interest of the Company, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was lawful. 4.9 RECORDS. The Managers shall cause the Company to keep at its principal place of business the following: (a) a current list in alphabetical order of the full name and the last known street address of each Member; (b) a copy of the Certificate of Formation and the Company Operating Agreement and all amendments; rlnaratina AarPamant - 4 (c) copies of the Company's federal, state and local income tax returns and reports, if any, for the three most recent years; (d) copies of any financial statements of the limited liability company for the three most recent years. ARTICLE V Compensation 5.1 FEES. Managers shall share in the responsibilities of conducting the business of the company without expectation of fees. Professional and qualified workmen shall be employed to perform necessary legal and accounting services and repairs and maintenance. 5.2 REIMBURSEMENT. The Company shall reimburse the Managers or Members for all direct out-of-pocket expenses incurred by them in managing the Company. ARTICLE VI Bookkeeping 6.1 BOOKS. The Managers shall maintain complete and accurate books of account of the Company's affairs at the Company's principal place of business. Such books shall be kept on such method of accounting as the Managers shall select. The company's accounting period shall be the calendar year. 6.2 MEMBER'S ACCOUNTS. The Managers shall maintain separate capital and distribution accounts for each member. Each member's capital account shall be determined and maintained in the manner set forth in Treasury Regulation 1.704-I(b)(2)(iv) and shall consist of his initial capital contribution increased by: (a) any additional capital contribution made by him/her; (b) credit balances transferred from his distribution account to his capital account; and decreased by: (a) distributions tohim/her in reduction of Company capital; (b) the Member's share of Company losses if charged to his/her capital account. 6.3 REPORTS. The Managers shall close the books of account after the close of each calendar year, and shall prepare and send to each member a statement of such Member's distributive share of income and expense for income tax reporting purposes. OnPratina A~raamant - 5 ARTICLE VII Transfers 7.1 ASSIGNMENT. If at any time a Member proposes to sell, assign or otherwise dispose of all or any part of his interest in the Company, such Member shall first make a written offer to sell such interest to the other Members at a price determined by mutual agreement. If such other Members decline or fail to elect such interest within thirty (30) days, and if the sale or assignment is made and the Members fail to approve this sale or assignment unanimously then, pursuant to the applicable law, the purchaser or assignee shall have no right to participate in the management of the business and affairs of the Company. The purchaser or assignee shall only be entitled to receive the share of the profits or other compensation byway of income and the return of contributions to which that Member would otherwise be entitled. Ooeratine Aereemant - 6 CERTIFICATE OF FORMATION This Company Operating Agreement is entered into and shall become effective as of the Effective Date by and among the Company and the persons executing this Agreement as Members. It is the Members express intention to create a limited liability company in accordance with applicable law, as currently written or subsequently amended or redrafted. The undersigned hereby agree, acknowledge, and certify that the foregoing operating agreement is adopted and approved by each member, the agreement consisting of 11 pages, constitutes, together with Exhibit 1, Exhibit 2 and Exhibit 3 (if any), the Operating Agreement of LTD Company, LLC., adopted by the members as of November 26, 2010. Members: S'g ~ature Percent: 33.33% ~~ ~ Printed Name: Dennis M. Johnson and Jeanette Johnson, husband and wife Printed Name: Laird C. Graham and Vicki T. Graham, husband and wife Signature Percent: o --~i ~.5~~~ "., ~j i Signature Percent: 33.33% Printed Name: The Terry and Laura Shaffer Living Trust Operating Agreement - 7 EXHIBIT 1 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR LTD Company, LLC. LISTING OF MANAGERS By a majority vote of the Members the following Managers were elected to operate the Company pursuant to ARTICLE 4 of the Agreement: Printed Name: Dennis M. Johnson Chief Executive Manager Address: 1335 W. Overland Road Meridian, ID 83642 Pr' to a Lair C. Graham itle: Manager Address: 4191 North Locust Grove Road Meridian ~~ _~,~~ Print d Name: Terry Shaffer, Trustee of The Terry and Laura Shaffer Living Trust Title: Manager Address: 12789 North Andy's Gulch Road Boise, ID 83714 The above listed Manager(s) will serve in their capacities until they are removed for any reason by a majority vote of the Members as defined by ARTICLE 4 or upon their voluntary resignation. Operating Agreement - 8 Signed and Agreed upon this 26th day of November, 2010. ~ ~' Si a ure of a ber: Dennis M. Johnson an eanette nson, husband and wife ~ ~ a Signature of Member: Laird C. Graham and Vicki T. Graham, husband and wife Signature of Member" the Terry and Laura Shaffer Living Trust By: Terry L. Shaffer, Trustee and Laura A. Shaffer, Trustee Operating Agreement - 9 EXHIBIT 2 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR LTD Company, LLC. LISTING OF MEMBERS As of the 26th day of November, 2010 the following is a list of Members of the Company: Name: Dennis M. and Jeanette Johnson, husband and wife Percent 33.33% Address: 1335 W. Overland Road, Meridian, ID 83642 Name: Laird C. and Vicki T. Graham, husband and wife Percent 33.33% Address: 4191 North Locust Grove Road, Meridian, ID 83642 Name: The Terry and Laura Shaffer Living Trust Percent 33.33% Address: 12789 North Andy's Gulch Road, Boise, ID 83714 Authorized by Members to provide Member Listing as of this 26th day of November, 2010. r---- w i ature of ember: Dennis M. Johnson Signature of Member: Laird C. Graham and d Jeanet , o son, h sband and wife Vicki T. Graham, husband and wife r~~~ 4= ~ ~ ; 1 i Signature of Memberd'`fhe berry and Laura Shaffer Living Trust By: Terry L. Shaffer, Trustee and Laura A. Shaffer, Trustee n.,,,.,«..,., n....,......,..« ~ n EXHIBIT 3 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR LTD Company, LLC. CAPITAL CONTRIBUTIONS Pursuant to ARTICLE 2, the Members' initial contribution to the Company capital is stated to be $190,000. The description and each individual portion of this initial contribution are as follows: Dennis M. and Jeanette Johnson, husband and wife $63,333.33 Laird C. and Vicki T. Graham, husband and wife $63,333.34 The Terry and Laura Shaffer Living Trust $63,333.33 SIGNED AND AGREED t ~is 26th day o ,ovember, 2010. Sag ature of tuber: Dennis M. Johnson Signature of Member: Laird C. Graham and n Jeanett on, husband and wife Vicki T. Graham, husband and wife r---- .i -- Ylis tG- '~ '~ ,, ; ~ Signature of Member: ~he Terry and Laura Shaffer Living Trust By: Terry L. Shaffer, Trustee and Laura A. Shaffer, Trustee Ooeratine Aereement - 11 M MILLA RD 0 0 ~ ..~~. __ _ ~. ..~_ ~.~ ~ Q w ~ .. ~ , __ _ m~ o ~ z ~~ _ ~ , . 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MERIDIAN ROAD MERIDIAN ID 83642 REZONE APPLICATION suITE 100 MERIDIAN, ID 83642 , (208)888-4312 FILE: VIC MAP.DWG DATE: NOV. 2012 SHEET: 1 OF 2 W C~rlt~n Ave E carlron eve ~I°"Iti"~1t8iy ~}t ,'~.iCt r3iE^ i x M' Lh~~c}~ L~~°r~ ~ _ ~ St~t~~ St E ~t1te Av Fnr~1~y° Gl~n,~c F~vret wnt7 rl ~i~°'.~l$ttj PI9C8 d' C~O~E11~~SiFy1~l1 } yFr4rP'c~ N 3 CS. (t5 ~ mil rt ~G~tt ' ~. W Pine Ave E Piers lave ~ ~#w~~trl~rr°~ hy~1'~Y~ ~14If-P1i..~k ~ ii~'1iV~'~t f y ~p ~~S '~f ~ ~ItN i _. /~ \V ,r .. Q Q ~ y r~ "` 807 ~ `°" N. MERIDIAN RD. ih;' t~~1~o,~v~e ~ E~hr,~v~ z ~_ ~r~t7k rrfi tt~~ Rr~l ar~I~ ~~ ~ft~111{C7t`b'r<, C~~c a~J~=. i` ~ ~ihe B1i5tett V~II~ l i,: rYi ai e~,`~1rt;~ 1~r er~~~ray A~~e ~ RP•.rPt1i~~ ~ S~nl~~ ~:~r~1~r ~' ~ t.irt+~9l8~r Orty ~- ~'' ~j ~ A~6or~,Cw'~ 0~~.~ ~~ , ~ : ~ ~ 1~ N ' 0 PREPARED BY CIVIL SURVEY CONSULTANTS, INC 1400 E. WATERTOWER STREET SUITE 100 MERIDIAN, ID 83642 (208)888-4312 VICINffY MAP 807 N. MERIDIAN ROAD MERIDIAN, ID 83642 PROJECT REZONE APPLICATION 20F2 .°~ ~' w m ~ m ~ N m O ~ ~ UQ J'~WU ~ Q ~ ~ ~ W~NUI.+-~ Z(nZQO~ I. - - .. j Q Z art o ~ ~ ~~ ~ °e` o ~~ r I. ~ .. N ~ O .. ' Z ~ a -" ~ r- L Q ~ ~ C.1 ~ '~.x ;.,~: ~ Q °~ ~r~~ ~i ~~ Z ~` .6.. ~ ~„ ~, ~ ~ ~~~~ ~ ~' ~'~ ~ o ~- ~ .: ~ rv- W O ,. ~ W ~ 4 ~. a W Z ,G ~C.a` ~v. ~%m..g~ W Z PLl m¢ (~!1 ,~UQQ Z O ~~a Xi-ZaU fi ~ ~.:°. 000 „'.. ~~ ,, o = cn ~, ~. p` ozo ~zoz win Z ~ ~ 1-Y>Y(!!Uw O ~~ ,... ~~= ~~-d- , .,~,. ., w m ~. m~°°~t~n U Q~ Q W U H ~ ~W~~ .-, <:~ ~,~ `. JI ~..., a 0 o~ z za ~° ~ °C w ~~ wz zo O~ U~ w z O u~ ac RE-ZONE BOUNDARY DESCRIPTION FOR LTD COMPANY, LLC A parcel located in the SE '/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian and being a part of Lot 3 of Block 1 of WEST VIEW ADDITION as shown in Book 2 of Plats at Page 68 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said SE '/4 from which a brass cap monument marking the southeasterly corner of said SE '/4 bears S 0°43'41" W a distance of 2652.57 feet; Thence S 0°43'31" W along the easterly boundary of said SE '/4 and also the centerline of Meridian Road a distance 199.50 feet to the POINT OF BEGINNING; Thence continuing S 0°43'31" W a distance of 124.75 feet to a point marking the intersection of Idaho Avenue and Meridian Road; Thence leaving said easterly boundary N 89°23'55" W along the centerline of said Idaho Avenue a distance of 164.52 feet to a point; Thence leaving said centerline N 0°28'58" E a distance of 124.68 feet to a point on the northerly boundary of said Lot 3; Thence S 89°25'21" E along said northerly boundary a distance 165.05 feet to the POINT OF BEGINNING. This parcel contains 20,551 square feet (0.472 acres). This description was prepared from record information. No field survey has been done. Prepared by: Glean K. Bennett, PLS Civil Survey Consultants, Incorporated February 19, 2013 5~ E R E p ~~P ~~7 ~, '~a82 0 REV f~,VU-~PROVAL e, ~ Z / I g~13 r ~. N X gE~ MAR 1 1 2013 MERIDIAN PUBLIC WORKS DEPT. SKETCH TO ACCOMPANY DESCRIPTION FOR REZONE 1/4 LOCATED /N THE SE 1/4 OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, /DAHO. 1'=30' I hl~ BLOCK 7 ~; WEST VIEW ADDITION °j O 2 POINT OF ~,~ BEGINN/NG . h S 89'25 21 " E 165.05' 135.05' I 30.00' I I 3 W 3 ,: ~ ~~•~ O ~ O 2 y o o I ~ g 159.81 ' _ _ 164.52' _ _ /QAHO AVENUE 324.33' N 89'23'55" W REVI PRCJVAI~. BY N N MAR 1 1 2013 MERIDIAN PUBLIC 12 ~ WORKS DEFT: 13 18 PROJECT: DESCRIPTION: FILE: M:\12015\SURVEY\CONTROL.CGO UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: Backsight point: Backsight Bearing: Remarks: TYPE FROM TO DIRECTION DISTANCE ------ --- INV -- - 1 ---- - 16 -- S ------ 00°43' ----- 31.0" -- W ---------- 199.500 INV 16 2 S 00°43' 31.0" W 124.750 INV 2 17 N 89°23' 55.0" W 164.523 INV 17 15 N 00°28' 58.0" E 124.681 INV 15 16 S 89°25' 20.8" E 165.051 INV 16 1 N 00°43' 31.0" E 199.500 Perimeter is: 978.005 1 10000.0000 10000.0000 1 10000.0000 10000.0000 N 00°00'00.0" E Distance: SAWTOOTH RE-ZONE Tuesday, February 19,2013 11:38 AM PAGE 1 0.000 NORTHING EASTING 9800.5158 9997.4747 9675.7760 9995.8956 9677.5028 9831.3817 9802.1796 9832.4322 9800.5158 9997.4747 10000.0000 10000.0000 Area is: 20551.445 Square feet 0.4718 Acres Area has been reset. CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name: ~ `1 N• Applicant(s)/Contact(s): r ~ City Staff: ~ LI rr°2 Location: ~• svle~i ~~ a,-~ o Comprehensive Plan Future Land Use Map Design Guidelines Development Context: Proposed Use: f~~ ce Existing Use: aSf n„.~ Surrounding Uses: r Street Buffer(s) and/or Land Use Buffer(s): . Open Space/Amenities/Pathways: Access/Stub Streets/Street System: Sewer & Water Service: Topography/Hydrology/Floodplain Issues: _ Canals/Ditches/Irrigation/Hazards: History: Additional Meeting Notes: ~ r7 ~<r~~ ~inr ~l-z~-~ ~. ~//~~ ups i2 D-T ~~"S~Gf _ Other Agencies/Departments to Contact: Ada County Highway District`' nd u~Q ~~ ^ Idaho Transportation Department ^ Sanitary Services Company ^ Central District Health Department ^ ^ ^ ^ Nampa Meridian Irrigation District Settler's Irrigation District Police Department Fire Department ^ Public Works Department ^ Building Department ^ Parks Department ^ Other: Application(s) Required: ^ Administrative Design Review ^ Conditional Use Permit Modification/Transfer ~ Rezone ^ Alternative Compliance ^ Development Agreement Modification ^ Short Plat ^ Annexation ^ Final Plat ^ Time Extension -Council ^ City Council Review ^ Final Plat Modification ^ UDC Text Amendment ^ Comprehensive Plan Amendment -Map ^ Planned Unit Development ^ Vacation ^ Comprehensive Plan Amendment -Text ^ Preliminary Plat ^ Variance ^ Conditional Use Permit ^ Private Street ^ Other Nofes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord wrth UDC 11-5A-5D.3 (except for UDC Text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four (4) months. Mend,-~ ~d. nation: _/ Proposed Zoning: Q Existing Zoning: R - S M~rid,~cn ~c1. Date: / ~~~/ 3 Size of Property: ~ . ZZ K,f~ Neighborhood Meeting -Sign In Sheet Rezone Application - 807 N. Meridian Road December 6, 2012 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting. in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-SA-5. i!Z//3 Applicant agent signature Date M O N N r i M O C (a ~L Z r O~ N er N r Q` O~ Y7 M ~ "" -. ___..... O M ~ r r r ^ I~ CO r trf ^ r I M S L Z r ~~ ~` a O O I 00 O ~ , O r r j 0 _.._ N r O O~ N 00 N I~ n N i~ ~p I ~O ........ i..... L~ 00 O ~ £ZZ ~. Z Q ~...._N~.... r fh r ZZ.....1 ,,' 1 ' 0'' N 00 O' N n i~ N .. ... ~ '. ~£Z Q~Z ~~ _L_. __ ......... t0 --~£Z _._-I I~ _ ep 00 N •- O ~ O ' 1....._.. ~.......... i ..._.._ e- .p I ~0~ M ~O$ I ~ N .~- M S~~ ~ ~ M r '--- ~ -----....... .- £l£ ~ Z6£' en r. r` Z 6£ 6~£ 615 I tff N ~ N LL O i - (O ~ If I i O ~ I N o i ~ N 7 ~ _ - O j W =fA Hearing Date: April 4, 2013 File No.: RZ-13-003 Project Name: 807 N. Meridian Road Request: Request for a rezone of 0.47 of an acre from the R-8 (Medium Density Residential) to the O-T (Old Town) zoning district, by LTD, LLC. Location: The site is located at 807 N. Meridian Road, in the SE '/o of Section 12, Township 3N., Range 1 W. Exhibit A -Vicinity Ma J _~ U N $ ~~ - 5 ~~) _ R-2 c C ~~ S~ a ~° ~ dF o` ; ~ \ r Q - _ _ R-S ~ ~ ~ 1~ W r S ~WChL ~ R ~' c ,~- m ~ Z ~_ ____ m ~ x R-4 ~ \\ ~_ _ ti ~~ '-- -- - o w - R-s ~ C (~ ~-a ~~ Y IZ-15 ~ I J o -1 -._..___..-__ C-N ~I R Q III W Chind e BI d >, ~> > R-s °' R bl' 12UT ~ ~ a --- R-g -- --- ' Z Larrv L `'" k! r 1N_Los~ s r p~i~ ?` Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 5 Exhibit B - Spurwing Greens Subdivision (PP-10-001) "1~__ - -- -"- _ .~ - ~~-- a~: ~..,,,,.em...a..pa ~~_ :r%T-- ~ .-.~_.a__. ~. - - - Spurwin~ Grove Subdivision No. 5 - FP-13-O10 PAGE 6 Exhibit C -Proposed Final Plat i --~-- --- O _- e~eaemex~ ~~~'~ yK`A~53°AP~„ ~n~w. w.s »,. w..,. ~... ~~«..., ~ _ _ ws a rauc ~t~ • ~4~ w...,............. ' ~Si~~.ixS~ffitAAfBR"~pISLffiL'L1PiSC1tSi'""' ~. ?~.~'3'd`IDSY......4...,e... `~~~5~1~~4i'S7S~'1~ C7C~'GS~Lg~yR ASS" " S®.i'~L.: a3Y...,..~ a ..,.... ~. SPUAWING GROVE~SiTHDIVISION NO. 5 LOCATED Ml THE SOUTH 1/2 OF SECTION 22, T.4N., R.iW., D.M., MERIgAN, AOA COUNTY, IDAHO Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 7 Exhibit D. -Proposed Landscape Plan _ _ ~.Pla~.py~~„NSaa ~ ro: i ~, ., ~eoa~d: svaa Tree else..., ~.. gym. ~~,. m ~,. ~,..,~ ~ ~ , ~ ~ ~ ~r - ~ ,c _~ ._ ..,.w.4..,w ,.. ' ACMw tarafawoa Plan Noma ---..... `` ±LL T__T _ , ------ .,~..~ .„,...a,.,~~~..x ..,. ,. w..u .~ ~ '` O ~: ~. p ~ ~a ~ ~~ ~ ~ ~ ~:> \ \\ ~ ~ _ .~ FroNCt CakWtiona~ .~ i ~~ i \,~:~..as~.....,~~,aon.,,,,~. xa T~~ ~ I, ;,. a~ as Spurwing Grove Subdivision No. 5 - FP-13-010 PAGE 8