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Applicationu Mayor Tammy de Weerd City Council Members: Keith Bird Joe Bodon Luke Cavener Genesis Milam Charlie Rountree David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN 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: 10 -Apr -14 Transmittal Date: March 17, 2014 File No.: RZ 14-003, PFP 14-001 & CUP 14-002 Hearing Date: April 17, 2014 Request: Public Hearing: Rezone approximately 3.42 acres from L -O (Limited Office) and R-16 (Medium high density residential) zoning district to the C -C (Business Community) zoning district;. Preliminary/Final Plat for 3 commercial lots on approximately 2.61 acres In the proposed C -C zoning district; AND Conditional Use Permit for the following: 1) a drive-thru establishment Win 300' of a residential district AND 2) extended hours of operation In accord with UDC 11-26-0 in the proposed C -C zoning district for Kinsley By: DL Evans Bank Location of Property or Project: NEC of N. Ten Mile Road and W. Pine Avenue _Joe Marshall (No FP) _Scott Freeman (No FP) _Steven Yearsley (No FP) _ Patrick Oliver (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 Services _Building Department / Rick Jackson _ Fire Department _Police Department —City Attorney _Community Development _City Planner _Parks Department _ Economic Dev. City Engineer Your Concise Remarks: —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) _Intermountain Gas (FP/PP/SHP only) _ Idaho Transportation Dept. (No 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 City Clerk's Office + 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 +Fax 208-888-4218 + www.meridiancity.org (_." M -E I Planning Division 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 M Conditional Use Permit ❑ Conditional Use Permit Modification STAFF USE ONLY: Rl Development Agreement Modification File C L46 _ 1q ®Final Plat number(s) : ❑ Final Plat Modification A{DA ❑ Planned Unit Development f � d ® Preliminary Plat Project name ❑ Private Street Date filed:,3-0-1 Date complete: ® Rezone ❑ Short plat Assigned Planner: R i- Agd a nf'-f ❑ Time Extension (Commission or Council) Related files:��— _ s ❑ UDC Text Amendment �t7 • s'�`'' .�� ir}�(6t71 ❑ Vacation (Council) ❑ Variance Hearing date:_ `?-> ,-F ff Commission ❑ Council ❑ Other Information Applicant name: DL Evans Bank Phone: 363-8484 Fax: Applicant address: 213 N. 9th St, Boise Zip: 83702 E-mail:iaguilar dlevans.com Applicant's interest in property: ® Own ❑ Rent ❑ Optioned ❑ Other Owner name: same as applicant Phone: Fax: Owner address: Zip: E-mail: Agent name (e.g., architect, engineer, developer, representative): engineer Firm name: The Land Group, Inc Phone: 939-4041 Fax: Address: 462 E. Shore Dr. Eagle Zip: 83616 E-mail: tamarathelandgroupinc. Primary contact is: ❑ Applicant ❑ Owner N Agent ❑ Other Contact name: Tamara Thompson Phone:939-4041 Fax: Contact address: 462 E. Shore Dr. Eagle Zip: 83616 E-mail: tam Subject Property Information Location/street address: 890 N. Ten Mlle Rd Assessor's parcel number(s): S1211233735 Township, range, section: 3N, 1 W, 11 Total acreage: 2.39 Current land use: vacant Current zoning district: L -O and R-15 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 02/082013) Project Description Project/subdivision name: DL Evans General description of proposed project/request: Divide the property into three parcels and rezone from L -O and R-15 to C -C Proposed zoning district(s): C -C Acres of each zone proposed: 2.39 Type of use proposed (check all that apply): ❑ Residential W Commercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? NMID Which irrigation district does this property lie within? NMID Primary irrigation source: NMID Secondary: City Water Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: NA Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2 — 3 bedroom; Minimum square footage of struc re(s) (excl. garage): Minimum property size (s.f): Gross density (Du/acre-rotas land): Percentage of open space provided: Percentage of qualified open space acreage: Type of open space provided in acres (i.e. andscaping Amenities provided with this develop ent (if applicabl na 4 or more bedrooms: Proposed building height: _ Average property size (s.f ): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) common, etc): Type of dwelling(s) proposed: ❑Aingle-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Number of building Other lots: Gross floor area proposed: 14,950 SF Existing (if applicable): na Hours of operation (days and hours): 5arn to 11 pm Building height: per C -C code Percentage of site/project devoted to the following: Landscaping: 21.36% Building: 14.17% Paving: 64.47% Total number of employees: 25-30 Number and ages of students/children (if applicable): na Total number of parking spaces provided: 87 Number of compact spaces provided: 0 Authorization Print applicant name: Applicant signature Date: 02.19.14 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 02/082013) V^lyry+p kt� THE LAND GROUP, INC. March 12, 2014 Bill Parsons Associate City Planner City of Meridian — Planning Division 33 E. Broadway Ave, Suite 102 Meridian, ID 83642 RE: Rezone, Conditional Use Permit, Development Agreement Modification, Combined Preliminary and Final Plat Kinsley Subdivision 890 N. Ten Mile Road - NEC Ten Mile and Pine Roads, Meridian, ID Dear Mr. Parsons: This application includes parcel 51211233735 which totals 2.391 acres. Attached to this letter are applications for: • Rezone from L-0 and R-15 to C -C • Development Agreement Modification • Conditional Use Permit for a drive-thru use and extended hours of operation, • and a combined preliminary/final plat. This property was previously annexed and zoned under the name of Valeri Heights Subdivision, applications AZ - 00 -006, CUP -00-014, PP -00-005 and associated Development Agreement (instrument #100103906) processed in 2000. The project was never commenced. The property was included in the Sommersby Preliminary Plat and Conditional Use Permit (PP -04-035, CUP -04- 040) and Development Agreement Modification (instrument #105184653) processed in 2004-05; and subsequent Development Agreement Modification (instrument #108101151) recorded in 2008. Sommersby Subdivision #1 and #2 were finalized, this property is a remnant parcel of the expired preliminary plat. The current owner, DL Evans Bank, acquired the property due to default and was not a party to the previous City approvals. Since the existing Development Agreement covers a much larger residential development, instead of modifying the DA we propose to remove this property from the DA and start over with a new DA to include specific conditions relating to the proposed rezone and commercial development plan. The property is currently zoned L -O and R-15 in Meridian. The property is in the Meridian Impact Area and has a future land use designation of Mixed Use Commercial (MU -C). The development applications propose to rezone the property to Community Commercial (C -C), which is consistent with the MU -C comprehensive plan. 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 The combined preliminary & final plat includes 3 building lots. The development plan is for a bank with associated drive thru on the corner and up to two retail buildings likely with drive thru uses. The current CUP for the drive-through is specific to the bank only. We anticipate additional CUP's may be processed separately by the individual retail operators. The Conditional use for the extended hours of operation is for the entire site. The proposed hours of operation in the C -C zone is Gam —11pm. Due to the potential of a coffee house, we propose hours of operation of Sam to midnight which is consistent with the nearby Fast Eddy's. The DL Evans building elevations are included in the application. The other two buildings are conceptual in nature; we've included pictures of Portico buildings for the design theme. The specific materials and design will be finalized with staff during the design review process for each building. The plat is submitted as a combination preliminary -final plat and will therefore be finalized in one phase. The plat is in conformance with all requirements and provisions of the UDC with the exception of the requested variances/council waivers listed below. The plat is in conformance with acceptable engineering, architectural and surveying practices and local standards. The vehicular access to the site will be from right-in/right-outs on both Pine and Ten Mile Road. The project does not propose direct access to the private streets, W. Acarrera Lane and N. Alpha Lane. We have discussed access with a representative of the home owners association, they feel commercial traffic on their residential private streets is not appropriate, therefore will not grant the project the right to use the public streets. Additionally, the proposed access is consistent with the access points south of the intersection. ACHD has confirmed that a traffic study is not required. The project includes ample landscaping adjacent to the residential uses. Multiple pedestrian paths are included between the buildings as well as between the residential use, the public right of way, and the buildings. Variances/Council waivers requested: • Reduced landscape buffer along the east property line since there is parking and driveways to buffer the residential use. • Access to Pine and Ten Mile Road due to no other options. Access proposed as right -in, right -out on both streets. With the exception of the above, the project will comply with the requirements and conditions of the preliminary plat, the City of Meridian UDC, and standard/local engineering, architectural and surveying practices. Thank you in advance for your consideration and support. We look forward to working with City staff to plan a quality project of which we can all be proud. Sincerely, Tamara Thompson The Land Group, Inc. 0' 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 • F 208.939.4445 • www.thelandgroupinc.com January 7, 2014 Project No. 113116 Rezone Description Kinsley Subdivision 3.42 Acres �N #Ve®�W_q mi /w s :7-o O_ THE LAND GROUP, INC. Exhibit "A" Page 1 of 1 A tract of land situated in the Southwest One Quarter of the Northwest One Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at the. West One Quarter Corner of said Section 11, thence following the westerly line of said Section 11, North 0"00'06" West a distance of 528.30 feet; Thence leaving said westerly line, North 89°59'20" East a distance of 193.99 feet; Thence South 0000'40" East a distance of 34.00 feet; Thence North 89°59'20" East a distance of 81.00 feet; Thence South 0000'40" East a distance of 323.37 feet; Thence South 89"59'20" West a distance of 3.00 feet; Thence South 0022'56" West a distance of 50.50 feet; Thence South 89037'04" East a distance of SS.12 feet; Thence South 0026'08" West a distance of 122.37 feet to the southerly line of the said Southwest One Quarter of the Northwest One Quarter of Section 11; Thence following said southerly line, North 89°36'16" West a distance of 325.91 feet to the POINT OF BEGINNING. The above-described tract of land contains 3.42 acres more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 ) -i.aaN _. �. www.thelanderouoinc.com I N89 059'20"E 193.99' W Acarrera Ln. SO-00-4(1,,rN89°59'20"E 34.00' 81.00, . i cq C I , M � o ' Rezone Area , w I Sommersby M Subdivision No. 2 3.42 Acres± I o m o' z 88590"5.5902' 0W 3.00 SO -6'56V S9704 3 -- 55.12' I i N ITI ".Pine Ave.lo�SALLaN.ps N69036'16"W 325.91' — — — — c�5 �GENSep i W 1/4 CORNER a 14216 a, SECTION 11 �qrf 1pX OF SDR �+AEL ii - 1 • i• zv�y Rezone x0.iYGlUl fClli ' ho%eleb. IIJIIe e ® ® d MPi94 THE LAND RRA� Exhibit oeu °r aalrre Immm m ea, 462 Eat Shoe Me, Sule 100 "' EegN, bah"63616 n n srm xo: Phow 20&939.4041• Fax 206.939.4445 u'ie iv�® 'si Rezone x i i Meridian Idaho 3z�.91 Title: Date: 01-07-2014 I Scale: I inch = 80 feet (File: I Tract 1. 3.419 Acres: 148933 Sq Feet: Closure = n87.1922e 0.01 Feet: Precision =1/258108: Perimeter = 1718 Feet 001=n0.0006w 528.30 005=s0.0040e 323.37 009=s0.2608w 122.37 002=n89.5920e 193.99 006=s89.5920w 3.00 010=n89.3616w 325.91 003=s0.0040e 34.00 007=s0.2256w 50.50 004=n89.5920e 81.00 008=s89.3704e 55.12 R2 ADA COUNTY RECORDER J. DAVID HAVARRO AMOUNT 21.00 8 BOISE IDAH01112N05 01:12 PM II11 11 RDEPUTY Bonnie EORDED-REQUEST OfO Tillie One !05180316 Space Above This Line For Recording Data DEED OF TRUST ft r1, <ifn ST (With Future Advance Clause) DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is November 25, 2005. The parties and their addresses are: GRANTOR: LIBERTY PARTNERS, INC. An Idaho Corporation 2873 SOUTH WIND DRIVE EAGLE, Idaho 83616 TRUSTEE: TITLEONE CORPORATION a Corporation 1101 W. RIVER STREET, SUITE 201 BOISE, Idaho 83702 LENDER: D.L. EVANS BANK Organized and existing under the laws of Idaho 3845 West State Street Boise, Idaho 83703 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably grants, bargains, sells and conveys to Trustee, in trust for the benefit of the Lender, with power of sale, the following described property: REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF The property is located in ADA County at 890 NORTH TEN MILE ROAD, MERIDIAN, Idaho 83642. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $1,777,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS, The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 2017102227103, dated November 25, 2005, from Grantor to Lender, with a loan amount of $1,777,000.00, with an initial interest rate of 8.5 percent per year (this is a variable interest rate and may change as the promissory note prescribes) and maturing on December 5, 2006. One or more of the debts secured by this Security Instrument contains a future advance provision. B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than I,W, -1996 9ank.n Systems, Inc.. Sr. CWYd. MN EKOE W Pape l one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lander fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument, This Security Instrument will not secure any debt for which a non -possessory, non -purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument when the evidence of indebtedness specifically states that it is secured by this Security Instrument. 4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and In accordance with the terms of the Secured Debts and this Security Instrument. Grantor acknowledges that the interest rate, payment terms, or balance due on the loan may be indexed, adjusted, renewed or renegotiated. 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, bargain, sell and convey the Property in trust to Trustee, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perform or comply with all covenants, B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due, Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. S. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law 112 C.F.R. 5911, as applicable. 9. TRANSFER OF AN INTEREST IN THE GRANTOR. If Grantor is an entity other than a natural person (such as a corporation or other organization), Lender may demand immediate payment if: A. A beneficial interest in Grantor is sold or transferred. B. There is a change in either the identity or number of members of a partnership or similar entity. C. There is a change in ownership of more than 25 percent of the voting stock of a corporation or similar entity. However, Lender may not demand payment in the above situations if it is prohibited by law as of the date of this Security Instrument. 10. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the fallowing warranties and representations which will continue as long as this Security Instrument is in effect: A. Power. Grantor is duly organized, and validly existing and in good standing in all jurisdictions in which Grantor operates. Grantor has the power and authority to enter into this transaction and to carry on Grantor's business or activity as it is now being conducted and, as applicable, is qualified to do so in each jurisdiction in which Grantor operates. B. Authority. The execution, delivery and performance of this Security Instrument and the obligation evidenced by this Security Instrument are within Grantor's powers, have been duly authorized, have received all necessary governmental approval, will not violate any provision of law, or order of court or governmental agency, and will not violate any agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is subject. C. Name and Place of Business. Other than previously disclosed in writing to Lender, Grantor has not changed Grantor's name or principal place of business within the last 10 years and has not used any other trade or fictitious name. Without Lender's prior written consent, Grantor does net and will not use any other name and will preserve Grantor's existing name, trade names and franchises. 11. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Grantor has the right to remove items of personal property comprising a part of the Property that become warn or obsolete, provided that such personal property is replaced with other personal property at least LIBERTY PARTNERS, INC. IE.h. o..a 01 T .r Wunln IO14Wackw C0926100004975040112505Y °1996 a.nkess Systems. Inc., Sr. Cloud, MIN P., 2 equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's Option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 12. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 13. ASSIGNMENT OF LEASES AND RENTS. Grantor absolutely, unconditionally, irrevocably and immediately assigns, grants, bargains and conveys to Lender all the right, title and interest in the following (Property). A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property lRents)• In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Lender grants Grantor a revocable license to collect, receive, enjoy and use the Rents so long as Grantor is not in default. Grantor's default automatically and immediately revokes this license, Grantor will not collect in advance any Rents due in future lease periods, unless Grantor first obtains Lender's written consent. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Upon default, Grantor will receive any Rents in trust for Lender and Grantor will not commingle the Rents with any other funds, When Lender so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender. Grantor agrees that Lender will not be considered to be a mortgagee -in -possession by executing this Security Instrument or by collecting or receiving payments on the Secured Debts, but only may become a mortgagee -in -possession after Grantor's license to collect, receive, enjoy and use the Rents is revoked by Lender or automatically revoked on Grantor's default, and Lender takes actual Possession of the Property. Consequently, until Lender takes actual possession of the Property, Lender is not obligated to perform or discharge any obligation of Grantor under the Leases, appear in or defend any action or proceeding relating to the Rents, the Leases or the Property, or be liable in any way for any injury or damage to any person or property sustained in or about the Property. Grantor agrees that this Security Instrument is immediately effective between Grantor and Lender and effective as to third parties on the recording of this Assignment, As long as this Assignment Is in effect, Grantor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to the Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender. It Grantor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Grantor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 14. DEFAULT. Grantor will be in default if any of the following occur: A. Payments. Grantor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Business Termination. Grantor merges, dissolves, reorganizes, ends its business or existence, or a partner or majority owner dies or is declared legally incompetent. Idlh. Brod or nurlI cCa� OO. ID/4,bl,ckw900926100004W6048112605Y ^1996 aenko. S,wttt , Inc.. St. CWd. MN Ea0P,8 FO -3 D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor, I, Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change, Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Material Change. Without first notifying Lender, there is a material change in Grantor's business, including ownership, management, and financial conditions, N. Insecurity. Lender determines in good faith that a material adverse change hes occurred in Grantor's financial condition from the conditions set forth in Grantor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 16. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses, These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest Interest rate In effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (11 Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 at seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will he located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Grantor will immediately notify Lender it (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or 12) any violation by Grantor or any tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has LIBERTY PARTNERS, INC. Idaho Ot.d Of Twt Initiels _ ID/4eDlackwe0092010OW4975040112505Y 41990 Bankes System", Inc., St. CI4ud, MN Fire?{ Pa944 reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. E. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or Cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or {S) whether or not Grantor and any tenant are in compliance with applicable Environmental Law. 1. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (21 at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument, L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing). Grantor will give Lender and the insurance company immediate notice of any toss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts, This insurance may include coverages not originally required of Grantor, may be written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance, Grantor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that LIBERTY PARTNERS. INC. IdrhP Dead Of Trust Inibels ID14sbleckwe00926100004925048 112505 Y 01996 aankem Systems. Inc.. St. Claud. MN E-155?E{ P.,5 may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. 22. SUCCESSOR TRUSTEE, Lender, at Lender's option, may from time to time remove Trustee and appoint a successor without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 23. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights relating to the Property. 24. DECLARATION. Grantor declares that the Property is either not more than forty acres in area or that the Property is located within an incorporated city or village. 26. APPLICABLE LAW. This Security Instrument is governed by the laws of Idaho, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America. 26. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. 27. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 28. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 29. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any financial statements or information Lender requests. All financial statements and information Grantor gives Lender will be correct and complete, Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. SIGNATURES. By sig""u�^^g, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledgBa receipt of copy of this Security Instrument. GRANTOR. LIBERTY AR NE,I C. By 1'DA, CAL I ,PRESIDENT LIBERTY PMTNERS, INC. Id.h. Deed 0r nus, MI ;.6 1014.1,1o1,we0092610000497604e 112506Y °1996 B.nkers Sy.®ms, Inc., SC Cn.d, MN C fi . Na -.6 ACKNOWLEDGMENT. (Business or Entity) (� ,in,� I I OF O� as. this 7�J� day of >�/ before me, �FJi� .d L a Notar ublic, personally appeared DAVID CALLISTER, known or identified to me (or proved to me on the oath of 1 to be the president, or vice-president, or secretary or assistant secretary, of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. My commission expires: .A/�VPok (No ery Public) RR[S "1+eee •' �P pee°.� G U O® f e s Z C REQUEST FOR RECONVEYANCE (Not to be completed until paid in full) TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Security Instrument. Said note or notes, together with all other indebtedness secured by this Security Instrument, have been paid in full. You are hereby directed to cancel this Security Instrument, which is delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Security Instrument to the person or persons legally entitled thereto. ............................................... I.......... ,,... ,,,............. ...... (Authorized Lender Signature) f0atel LIBERTY PARTNERS, INC. Idaho Deed 01 Tenet Initials lD14ablackw*009261WO04976048112605Y 619906anke s Systems, Inc., S1.. Cloud, MN F>gierTa." Page 7 PARCEL A A parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap marking the Southwest corner of said Southwest Quarter of the Northwest Quarter of Section 11, also said brass cap being the REAL POINT OF BEGINNING; thence along the Westerly boundary of the Southwest Quarter of the Northwest Quarter North 00°25'27" East 699.89 feet to a point; thence leaving said Westerly boundary of said Southwest Quarter of the Northwest Quarter South 87035'23" East 313.33 feet (formerly North 88000' West) to an iron pin; thence along a line parallel with and Easterly of said Westerly boundary of the Southwest Quarter of the Northwest Quarter South 00025'27" West 691.18 feet to a point on the Southerly boundary of the Southwest Quarter of the Northwest Quarter; thence along said Southerly boundary of the Southwest Quarter of the Northwest Quarter North 89010'57" West 313.15 feet to the POINT OF BEGINNING. l_l:Tyg0-] A parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap marking the Southwest corner of said Southwest Quarter of the Northwest Quarter of Section 11; thence along the Westerly boundary of said Southwest Quarter of the Northwest Quarter North 00°25'27" East 699.89 feet to a point; thence leaving said Westerly boundary of the Southwest Quarter of the Northwest Quarter South 87°35'23" East 313.33 feet (formerly North 88°00' West) to an iron pin marking the REAL POINT OF BEGINNING; thence continuing South 87°35'23" East 194.61 feet to an iron pin; thence North 80040'45" East 344.45 feet (formerly South 80014'50" West 348.42) to a point on the centerline of Eight Mile Lateral; thence along said centerline of Eight Mile Lateral South 61°01'27" East 14.33 feet to a point; thence leaving said centerline South 00°49'03" West 739.62 feet to a point on the Southerly boundary of said Southwest Quarter of the Northwest Quarter; thence along said Southerly boundary of the Southwest Quarter of the Northwest Quarter North 89°10'57" West 541.49 feet to a point, said point being South 89010'57" East 313.15 feet from a brass cap marking the Southwest corner of the said Southwest Quarter of the Northwest Quarter; thence leaving said Southerly boundary of the Southwest Quarter of the Northwest Quarter North 00025'27" East 691.18 feet to the POINT OF BEGINNING. Exhibit "A" Legal Description AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Jessica Aguilar (name) Boise (city) being first duly sworn upon, oath, depose and say: 213 N. 9th St (address) (state) That I am the record owner of the property described on the attached, and I grant my permission to: The Land Group, Inc. 462 E. Shore Drive, Eagle, ID 83616 (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 2\_day of ® —'20 13 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. �O fARP (Notary Public for Idaho) pO.HU1C, Residing at: (\� Y cwt t } t®Q�' My Comtnission` p s: 33 B. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 a Website: www.meridiancity.org Mar. 5.2014 11: 02AM STATE OF IDAHO COUNTY OF ADA. 0-1a N nib st (name) (address) (city) (state) being ftst duly sworn upon, oath, depose and say: No, 0497 P. 1/1 That I am the record owner of the property described on the attached, and I grant my perwssian to: —'(name) (address) $3�z- i7. L %-vc�s � to submit rho accompanying applications) perWnina to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless fiom any claim or liabl'uty reauiting from any dispute as to the statements contained herein or as to the ownership of the property wbieh is the subjeot of the application. 3. I hereby grant permission to City of Meridian staff to enter the subjeot property for the purpose of site igspections related to processing said applicatien(s). Dated this S day of , ,. rNel MD .- 201%4- SUBSCRIBED 0t`'E SUBSCRIBED AND SWORN to before me tine day and year Bast aboleo written. (Notary Public for Idaho) ANDREA HATHORN1SP® 1 NOTARY POB C Residing at: STATE OF IDAHO 7i�y� , i 3 �'--t My Commission Expires! _ 1 33 S. BroadwayAVenue, Spite 102 - Maidfan, Idaho 83643 Phone:_ (208) 884-5533 • Facslaille. (208) 888.6854 • WAiaim;—VAidianohV.oi2 From: Tamara Thompson <tmara@thelandgroupinc.com> Sent: Thursday, March 06, 2014 4:12 PM To: Bill Parsons Subject: FW: NEC Pine and Ten Mile, Meridian For our application From: Christy Little [mailto:Clittle@achdidaho.org] Sent: Thursday, March 06, 2014 4:06 PM To: Tamara Thompson Subject: RE: NEC Pine and Ten Mile, Meridian No TIS is required. Thanks, Christy From: Tamara Thompson [r«,.,, :€ i r Jr,r�� Sent: Thursday, March 06, 2014 3:40 PM To: Christy Little Subject: NEC Pine and Ten Mile, Meridian Christy, We are processing a rezone from L-0 to C -C, CUP for a drive-thru bank, preliminary plat and final plat for 2.4 acres on the hard corner. Will ACHD require a traffic study? Thank you. Tamara Thompson I Director of Client Services The Land Group, Inc. I p 20&939.40411 e tamara(o)thelandaroupinc.com I web I faceboo dmw� 1 THE LAND GROUP, INC. March 6, 2014 Project 113116 Public Works Department City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 Re: Kinsley Subdivision Engineer's Certification of Street Centerline Elevation Dear Sirs: As required by the final plat application criteria, please accept this letter regarding the designed roadway centerline elevations for the Kinsley Subdivision. The project is located along the existing Pine and Ten Mile Roadways and proposes to create three commercial properties. No new roadways are proposed by the plat. Consequently, 1 am unable to make the customary certification that the designed street centerline elevations are in excess of 3 -ft above the highest established normal groundwater elevation. Please contact me at 208.939.4041 if you have any questions. Sincerely, 10961 Jason Densmer, PE THE LAND GROUP, INC. 0 Site Planning -Landscape Architecture -Civil Engineering -Golf Course Irrigation & Engineering -Graphic Communication -Surveying 462 E. Share Drive, Ste. 100, Eagle, Idaho 83616 - P 208.939.4041 F 208.939.4445 - www.thelandgroupinc.com C�paw, Pm)®cVSubdMsion Name: Date; - 14-30-t Appiican1(sYCont3ct(s); /an,am- , es5 ice CRYStaft &,I1,Sks�fn /3�ace, �rrr Location: Comprehensive Plan Future Land Use'Map Designation; se e u Size of Property: -4- 2. ¢cies Design Guldefines Development Context U t k, i C u "/ [,an ProposeProposed Zoning: C G EbsMg Use: to Feasting Zoning: Surrounding Uses: /Ze s-de.,n41 / d . Open Space/Amerides/Pathways: Cv AeeesslSkrb Streets/Street System: Jy Sewer & Water Service: ii ,Le TopographyMycirology/Acodplain Issues: A10/1' Meeting W014d A r—reply* uJ/ -,P'4 Lp1 ✓ rnro p!t S4,-clareff 5e7- ! ar1Z rhFJG Other Agencibs/Departments to Contact:. ❑ Ada County Highway District ❑ Nampa Meridian irrigation District ❑ Public Works Department ❑ Idaho Transportation Department ❑ Settler's Irrigation District . ❑ Building. Department ❑ Sanitary Services Company,. El Police Department ❑ Parks Department 11 Central District Health Department ❑ Fie Department ❑ Other, Application(s) Requtredc ❑ Administrative Design Review ❑ Conditional Use Permit ModificalJonffransfer ❑ Short Plat Alternative Co,��nnpliance . Development Agreement Modification 4, 02,op ❑ Time Extension - Council Annexation) K� zobe 1 g2�, OO Final Plat 4f 2yZ • a6 ,� #3� per /of ❑ UDC Text Amendment ❑ City Council Review Final Plat Modification ❑ Vacation ❑ Comprehensive Pian Amendment- Map ❑ Planned Unit Development ❑ Variance ❑ Comprehensive Plan Amendment- Text ® Preliminary Plat 210V,00 d 4 2q.eo Pe /ol ❑ Other " ® Conditional Use Permit f 136R_00 ❑ Private Street f 6o. oo g t)"eq te` /e1 Notes f) Applicants are required to hold a neighborhood meeting in accord Mill UDC 9 fZA-6C prior to submf(tel of an application requiring a public hearing (except for a vacation orshoit pia(; and 2) All applicants for permits requiring a public hearing shall post the ste wM a pubfic hearing notice in accord with UDC f 1 ZA-50.3 (except for U00 text amendments, Comp Plan text amendments, and vacations). The infoamatlon provided dudng oils meeting is based on currant UDC requirements and the Comprehensive Pian Any subsequent changes to Me UDC and/or Comp Plan mayafiect Your submltfal and/or application. This pre -application meeting shall be Project/Subdivision Name: Staff: A 11 Comprehensive Plan Future Land Use M Design Guidelines Development Context: Proposed Use,_ Ga, � r�� c • a Existing Use: Surrounding Uses: Street Buffer(s) and/or Land Use Buffer(s Open Space/Amenities/Pathways: Cs Access/Stub Streets/Street System Sewer&Water Service: J-„ Topography/Hydrology/Floodplain Issues: History: PRE -APPLICATION MEETING NOTES (1d; Y� � aueci'g�V Date: c f'tlp v' ap Designation: /11 Ll- L Size of Property: t cTeS Proposed Zoning: C -C- Existing GExisting Zoning: L -d N: 4 T n , ID r Other Agencies/Departments to Contact: ❑ Ada County Highway District ❑ Nampa Meridian Irrigation District ❑ Public Works Department ❑ Idaho Transportation Department ❑ Settler's Irrigation District ❑ Building Department ❑ Sanitary Services Company ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modificafion/Transfer ❑ Rezone ❑ Alternative Compliance glr(G 00 Development Agreement Modification ASD.z, pp El Short Plat Annexation/geZvne ® ❑ Final Plat ❑ TimeExtension- Council ❑ City Council Review Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment- Map Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment- Text Preliminary Plat tG n �� ❑Variance Conditional Use Permit i3G9 po Private Street #f 21189Da E] Other Notes; 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) Ali applicants for permits requiring a public hearing shall post the site wRh a public hearing notice in accord with 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. Neighborhood Meeting DL Evans Bank Ten Mile and Pine November 21, 2013 �} 1. �QVt��C-��c� 2 �t u 4v1i�� 5 6 7 8 9 10 11 12 1.3 14 is 16 17 18 19 20 44,4 /�f. �DVYiVtMi51'/� I�� -✓1�a��t�— aLc-"mss �OA S� 99? �MD-D �R5 O jam? 'HNSPEOAAM ❑ Elrvironmental Services � c7eotecha7lcal Ms. Tamara Thompson The Land Group, Inc. 462 East Shoreline Drive, Suite 100 Eagle, IIB 83616 208-939-4041 Dear Ms, Thompson: 10 March 2014 Page 4 1 of 1 b14D275�__w_leuer.docx Lm _ ,_mals Testing3peclal1[1 ii ns. Re: Groundwater Letter ICinsley Subdivision NEC of Ten Mile Road and Pine Lane Meridian, ID This letter has been prepared to provide local and regional groundwater information for the proposed ICinsley Subdivision located at the northeast corner of the intersection of Ten Mile Road and Pine Lane in Meridian, Idaho, This letter is based on research of previous geotechnical investigations performed in the vicinity of the project site and from nearby United States Geological Survey (USGS) monitoring wells. In the vicinity of the project site, groundwater levels are controlled in large part by residential and commercial irrigation activity and leakage from nearby canals. Maximum groundwater elevations likely occur during the later portion of the irrigation season. During previous investigations performed in December 2004, February, April, and May 2005, and April 2006 within approximately %z -mile to the north, east, and west of the project site, groundwater was noted within test pits at depths as shallow as 7.2 to 14.3 feet below ground surface (bgs). Additionally, MTI performed long-term groundwater monitoring for sites to the east and west of the proposed project site and found groundwater depths as shallow as 2.95 feet bgs, with a swing between low groundwater depth to high groundwater depth of up to 7.6 feet. Furthermore, according to United States Geological Survey (USGS) monitoring well data within approximately '/-mile of the project site, groundwater was measured at depths ranging between 7.4 and 12.1 feet bgs, which equates to groundwater elevations of 2,555 to 2,565 feet above mean sea level (msl). Based on evidence of this investigation and background knowledge of the area, MTI estimates groundwater depths to remain greater than approximately 3 feet bgs throughout the year, This depth can be confirmed by conducted a site-specific geotechnical investigation and through long-term groundwater monitoring. MTI appreciates this opportunity to be of service to you and looks forward to working with you in the future. If you have questions, please call (208) 376-4748. Respectfully Submitted, Materials Testing & Ip �i 0o",r1 Monica Saculles, C. Reviewed by: El&abeth Brown, P.E. Geotechnical Eugm%1)Geotechnical Engineer r,E1s� Copyriglil ©201d M:nerinls-Pealing ffi brspcclfan, Inc. 2791 South Victory View Way < Boise, ID 83709 • (208) 376-4748 a Fax (208) 322-6515 mtiOO mti-id.com e www.mti-id.com COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, 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 11-5A-5. Ap icant/agent si nature P Date 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org From: Jerry Hastings To: Tamara Thompson Cc: Jim Washburn Subject: Kinsley Subdivision Name Reservation Date: Wednesday, December 04, 2013 5:04:50 PM December 4, 2013 Tamara Thompson The Land Group, Inc. RE: Subdivision Name Reservation: "Kinsley Subdivision" Dear Tamara, At your request I have reserved the named "Kinsley Subdivision" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded This reservation is available for the next ten (10) years unless the project is terminated by the client or the jurisdiction or the conditions of approval have not been met. In which case the name can be re -used by someone else. Sincerely, Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho 208-287-7912 208-287-7909 Fax ihastin s a adaweb net From: Tamara Thompson[mailto:tamara@thelandgroupinc.comj Sent: Wednesday, December 04, 2013 4:37 PM To: Jerry Hastings Subject: RE: request for subdivision name Hi Jerry, How about Kinsley Subdivision to replace Sommersby? D. L. Evans Bank is the current owner by foreclosure From: Tamara Thompson Sent: Tuesday, November 19, 2013 3:07 PM To: 'Jerry Hastings' Subject: request for subdivision name Sommersby Commercial Subdivision Located on the NEC Ten Mile and Pine in Meridian (Property was originally included with the Sommersby Subdivision preliminary plat. —that plat expired before this property was final platted, therefore it is a remnant piece. 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March 6, 2014 Bill Parsons Associate City Planner City of Meridian — Planning Division 33 E. Broadway Ave, Suite 102 Meridian, ID 83642 RE: Rezone, Conditional Use Permit, Development Agreement Modification, Combined Preliminary and Final Plat Kinsley Subdivision 890 N. Ten Mile Road - NEC Ten Mile and Pine Roads, Meridian, ID Dear Mr. Parsons: This application includes parcel 51211233735 which totals 2.391 acres. Attached to this letter are applications for: • Rezone from L -O and R-15 to C -C • Development Agreement Modification • Conditional Use Permit for a drive-thru use, • and a combined preliminary/final plat. This property was previously annexed and zoned under the name of Valeri Heights Subdivision, applications AZ - 00 -006, CUP -00-014, PP -00-005 and associated Development Agreement (instrument #100103906) processed in 2000. The project was never commenced. The property was included in the Sommersby Preliminary Plat and Conditional Use Permit (PP -04-035, CUP -04- 040) and Development Agreement Modification (instrument #105184653) processed in 2004-05; and subsequent Development Agreement Modification (instrument#108101151) recorded in 2008. Sommersby Subdivision #1 and #2 were finalized, this property is a remnant parcel of the expired preliminary plat. The current owner, DL Evans Bank, acquired the property due to default and was not a party to the previous City approvals. Since the existing Development Agreement covers a much larger residential development, instead of modifying the DA we propose to remove this property from the DA and start over with a new DA to include specific conditions relating to the proposed rezone and commercial development plan. The property is currently zoned L-0 and R-15 in Meridian. The property is in the Meridian Impact Area and has a future land use designation of Mixed Use Commercial (MU -C). The development applications propose to rezone the property to Community Commercial (C -C), which is consistent with the MU -C comprehensive plan. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering* Graphic Design • Surveying 462 E. Shore Drive, Suite 100 0 Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com The combined preliminary & final plat includes 3 building lots. The development plan is for a bank with associated drive thru on the corner and up to two retail buildings likely with drive thru uses. The current CUP application is specific to the bank. We anticipate additional CUP's may be processed separately by the individual retail operators. The DL Evans building elevations are included in the application. The other two buildings are conceptual in nature; we've included pictures of Portico buildings for the design theme. The specific materials and design will be finalized with staff during the design review process for each building. The plat is submitted as a combination preliminary -final plat and will therefore be finalized in one phase. The plat is in conformance with all requirements and provisions of the UDC with the exception of the requested variances/council waivers listed below. The plat is in conformance with acceptable engineering, architectural and surveying practices and local standards. The vehicular access to the site will be from right-in/right-outs on both Pine and Ten Mile Road. The project does not propose direct access to the private streets, W. Acarrera Lane and N. Alpha Lane. We have discussed access with a representative of the home owners association, they feel commercial traffic on their residential private streets is not appropriate, therefore will not grant the project the right to use the public streets. Additionally, the proposed access is consistent with the access points south of the intersection. ACHD has confirmed that a traffic study is not required. The project includes ample landscaping adjacent to the residential uses. Multiple pedestrian paths are included between the buildings as well as between the residential use, the public right of way, and the buildings. Variances/Council waivers requested: • Hours of operation in the C -C zone is 6am —11pm. Due to the potential of a coffee house, we propose a revised start time of Sam. • Reduced landscape buffer along the east property line since there is parking and driveways to buffer the residential use. • Access to Pine and Ten Mile Road due to no other options. Access proposed as right -in, right -out on both streets. With the exception of the above, the project will comply with the requirements and conditions of the preliminary plat, the City of Meridian UDC, and standard/local engineering, architectural and surveying practices. Thank you in advance for your consideration and support. We look forward to working with City staff to plan a quality project of which we can all be proud. Sincerely, amara Thompso 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 • F 208.939.4445 - www.thelandgroupinc.com rjll�•■•■■ ^I■ *1■ ti■ 02.2 r � o A■ PM.Rmmm Jill, LI: ��■ .■ ■■ ♦Ok► r Q ® ® C CD D CD CLm ul E � Y 1 �k e rjll�•■•■■ ^I■ *1■ ti■ 02.2 r � o A■ PM.Rmmm Jill, LI: ��■ .■ ■■ ♦Ok► Easy Peel® Labels Use Avery® Template 51600/8160TM ! BROWN DENISE E 3245 W WAVE DR MERIDIAN ID 83642-0000 BERKELEY SQUARE SUB HOMEOWNERS ASSOCIATION INC PO BOX 1090 MERIDIAN ID 83680-0000 COURTYARDS PROPERTY OWNERS ASSOCIATION 4202 N MARCLIFFE AVE BOISE ID 83704-0000 BUECHE KURT D 2711 ABEJORRO ST CARLSBAD CA 92009-0000 MCRAE ROBERT 7742 SECREST CT ARVADA CO 80007-0000 PESTANA FAMILY TRUST 713 AUSTEN WAY LIVERMORE CA 94651-0000 CADWELL TIMMY LEE 882 N BRITT PL MERIDIAN ID 83642.0000 BUNDERSON PRESTON 936 N BRITT PL MERIDIAN ID 83642-0000 ELK RUN CONSTRUCTION L.L.C. 3891 W DAISY CREEK ST MERIDIAN ID 83642-0000 MOUNTAIN WEST IRA INC FBO CHARLES WOOD IRA 10096 W FAIRVIEW AVE # 160 BOISE ID 83704-0000 A .. - Bend along line to Feed Paper expose Pop-up EdgeTM ADUWO JACK E 2929 W WAPOOT ST MERIDIAN ID 83646-0000 HEARTLAND HOMES LLC 2358 S TITANIUM PL MERIDIAN ID 83642-0000 TRUCE LLC 3649 N LAKEHARBOR LN BOISE ID 83703-0000 MOSHERS FARM SUBDIVISION HOMEOWNERS ASSOCIATION 864 N BRITT PL MERIDIAN ID 83642-0000 ANDERSONJAMES 1233 N CEDAR CREEK MERIDIAN ID 83642-0000 NAMPA & MERIDIAN IRRIGATION DISTRICT 1503 1 ST ST S NAMPA ID 83651-4395 MERIDIAN 8 LLC 5745 N DUBLIN RANCH DR DUBLIN CA 94568-0000 KSA PROPERTIES LLC 3843 W DAISY CREEK ST MERIDIAN ID 83642-0000 SOMMERSBY GROUP LLC 2244 S SWALLOWTAIL LN BOISE ID 83706-0000 D K BUCKLEY LLC 714 N 1100 E RUPERT ID 83350-0000 AVERY0 624OTM iI A BLAIR KEVIN B 3237 W WAVE DR MERIDIAN ID 83642-0000 COREY BARTON HOMES INC PO BOX 369 MERIDIAN ID 83680-0000 COURTYARD AT TEN MILE RESIDENTIAL SUBDIVISION POA 4202 N MARCLIFFE AVE BOISE ID 83704-0000 SEARCY ANTONIO 2683 S BASIN CREEK AVE MERIDIAN ID 83642-0000 STEVENS KAMIAN 3279 W ACARRERA CT MERIDIAN ID 83642-0000 RODRIGUEZ MIGUEL 864 N BRITT PL MERIDIAN ID 83642-0000 BLEVINS WILLIAM 104 LAME HORSE RD COLUMBIA SC 29223-0000 SOMMERSBY 2 SUB PROPERTY OWNERS ASSOCIATION INC 760 E KING ST # 105 MERIDIAN ID 83642-0000 ARANA MARCUS C 2987 ATHERTON PL BRENTWOOD CA 94513-0000 CHEW GRANTLAND L 2651 21ST AVE SAN FRANCISCO CA 94116-0000 k1cluettes faciles A peler ; A Repliez � la hachure afjn de i www.avery.com -Utilisez le abarit AVERY® 5160®/8160`"` ' S msde me 1 -800 -GO -AVERY 9 d chargement rev6ler le rebord Pop-up 1 1i Easy Peel® Labels Use Avery® Template 51600/8160Tm IRON MOUNTAIN REAL ESTATE INC 3681 N LOCUST GROVE RD STE 10 MERIDIAN ID 83646-0000 IDAHO PROPERTY LLC PO BOX 513 RUPERT ID 83350-0000 l GREAT WEST PROPERTY LLC 946 S 50 W BURLEY ID 83318-0000 CRANE CLINTON R 193 E 300 RUPERT ID 83350-0000 AMERICAN HOMES 4 RENT PROPERTIES FIVE LLC 30601 AGOURA RD STE 200 AGOURA HILLS CA 91301-2013 JANZEN SUSAN 1148 N LIGHTNING PL MERIDIAN ID 83642-0000 HANSEL RYAN H 1121 N GRAY CLOUD WAY MERIDIAN ID 83642-0000 D L EVANS BANK 2560 E FAIRVIEW AVE MERIDIAN ID 83642-0000 A Bend along line to Feed Paper expose Pop-up Edge" OKUN FAMILY TRUST 0 34531 CAMINO CAPISTRANO CAPISTRANO BEACH CA 92624-0000 COATS DAVID PO BOX 95 RUPERT ID 83350-0000 BUCKLEY STANLEY V & DENICE 2013 TRUST 2000 OVERLANDAVE BURLEY ID 83318-0000 WAWONA PROPERTIES LLC P O BOX 741 STAR ID 83669-0000 MASON JAMES E 1127 N LIGHTNING PL MERIDIAN ID 83642-0000 DAROSA JULIE A 1162 N LIGHTNING PL MERIDIAN ID 83642-0000 VIPER INVESTMENTS LLC PO BOX 369 MERIDIAN ID 83680-0000 6240m i ROZIER JOHN L 5626 W NICHOLAS CT VISALIA CA 93291-0000 COATS LUKE 1015 OAKWOOD AVE BURLEY ID 83318-0000 DROST TONY A 1267 S LAKE POINTE WAY EAGLE ID 83616-0000 THUNDER CREEK HOMEOWNERS ASSOC PO BOX 3023 BOISE ID 83703-3023 CORNELL STEPHANIE M 1124 N LIGHTNING PL MERIDIAN ID 83642-0000 VANDERAND LLC 733 W PICKFORD ST MERIDIAN ID 83646-0000 SHAUL RODNEY D 775 N TEN MILE RD MERIDIAN ID 83642-5476 I I 6tiquettes faciles a Reler i ® Repliez a la hachure afin dewww.averycom Utilisez le gabarit AVERY® 51600/8160mc b chSens dent rdveler le rebord Pop-.up""`1 1 -800 -GO -AVERY j File No.(s): RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 Project Name: Linsley Request: (RZ): Request to rezone approximately 3.42 acres from L -O (Limited Office) and R-15 (Medium High-density Residential) zoning districts to the C -C (Business Community) zoning district, by DL Evans Bank. (PFP): Request to preliminary/fmal plat three (3) commercial lots on approximately 2.61 acres in the proposed C -C zoning district. (CUP): Request a conditional use permit for the following: 1) a drive-through establishment within 300' of a residential district AND 2) extended hours of operation in accord with UDC 11-2B-4 in the proposed C -C zoning district. (MDA): Request to amend the recorded development agreement (Inst. #105184653 and 108101151) for the purpose of excluding the property AND creating a new development agreement to include the project boundary and site plan proposed with the Linsley Subdivision. Location: The site is located on the northeast corner of N. Ten Mile Road and W. Pine Avenue in the NW '/4 of Section 11, Township 3N., Range 1 W.