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CZC 15-064
CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: October 13, 2015 (.�/ E IDIAN - TO: Green Star Properties FROM: Bill Parsons, Planning Supervisor SUBJECT: Carl's Jr. - CZC-15-064; DES -15-061; ALT -15-018 OWNER: Holly Plaza, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant requests Certificate of Zoning Compliance (CZC), Design Review (DES) and Alternative Compliance (ALT) approval to construct a new 2,360 square foot restaurant with drive-through on 0.48 acres of land in the C -C zoning district. The alternative compliance is requested to deviate from the street landscape buffer width set forth in UDC Table 11-213-3. The site is located at 14 E. Fairview Avenue. DECISION The applicant's request for Certificate of Zoning Compliance, Design Review and Alternative Compliance is approved with the conditions listed in this report. Note: This is not a building permit. You must complete this process before you commence the use or any construction. Please contact Building Services at (208) 887-221.1 to verify the building permit and/or inspection requirements. General Conditions of Approval 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Conditions Document 1 Carl's Jr. - CZC-15-064, DES -15-061,. ALT -15-018 Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A - 6B. 2. The applicant is proposing to construct the new building over an existing sewer easement created with the Van Auken Subdivision. Prior to the issuance of a building permit, the applicant shall be responsible for the following: a. Relinquish any portion of the existing sewer easement no longer required; b. Obtain approval for the realignment of a new sewer main; c. Establish a new easement for the realignment of said sewer main in accord with Public Works standards. Process Conditions of Approval 1. Per UDC 11-513-5132, the Director (at the applicant's request) approved alternative compliance to reduce the street landscape buffer width along E. Fairview Avenue and N. Meridian Road (See analysis below). 2. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 3. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 4. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. The site plan prepared by Erstad Architects, dated September 23, 2015, labeled SP 1.0, is approved on October 13, 2015 by the City of Meridian Planning Division with no changes. 6. The landscape plan prepared by Erstad Architects, dated September 22, 2015, labeled L1.0, is approved on October 13, 2015 by the City of Meridian Planning Division with no changes. 7. The elevations prepared by Erstad Architects, dated 06/04/15, labeled A2.0 and A2.1, are approved on October 13, 2015 by the City of Meridian Planning Division with no changes. 8. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 9. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 10. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. Conditions Document 2 Carl's Jr. - CZC-15-064; DES -15-061; ALT -15-018 11. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 12. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Services for more information at 208-887-2211. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC I 1-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PFP-11-002). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC I I -3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. ALTERNATIVE COMPLIANCE REQUEST The applicant requests approval of alternative compliance to UDC 11 -3B -7C.1 c. which allows a reduction of the 25 -foot wide landscape buffer adjacent to E. Fairview Avenue and N. Meridian Road. The applicant is seeking the reduction to develop the site with a drive-through restaurant. The existing building and landscaping will be demolished to make way for the new development. To offset the reduction of the landscape buffer, the applicant is proposing to install a landscape buffer varying in width between 12 and 16 feet and construct a trellis and two (2) wing fences with similar building materials to provide a visual element to the buffer and complement the design of the building. Further, two (2) of the required trees within the buffer will be relocated near the outdoor dining area to provide screening and a decorative element near the patio area. Conditions Document 3 Carl's Jr. - CZC-15-064; DES -15.061; ALT -15-018 Except for the reduced buffer widths, the remaining portion of the site will comply with the landscape requirements set forth in UDC 11 -3B -8C. Because the site is currently non- conforming and meets the definition of an infill development, staff supports the request as proposed. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Because the project is an infill development, the Director finds strict adherence to the landscape ordinance is not feasible to accommodate the entire 25 -foot wide landscape buffer. All other perimeter and parking lot landscaping will comply with the landscape regulations set forth in UDC 11 -3B -8C. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Because the site is currently non -conforming, the Director finds the applicant's proposal to construct a reduced landscape buffer (12'-16') and install the decorative trellis and the two (2) wing fences in addition to complying with all of the other landscape requirements provides an equal means for meeting the requirements set forth in UDC 11 -3B -7C 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties because the site will have more landscaping on the site than what currently exists with other developments in the surrounding area. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before October 28, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the. Certificate of Zoning Compliance. Conditions Document 4 Carl's Jr. - CZC-15-064; DES -15-061;. ALT -15-018 In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until October 13, 2016. A. Vicinity Map B. Site Plan (dated: September 23, 2015) C. Landscape Plan (dated: September 22, 2015) D. Elevations (dated: June 4, 2015) Conditions Document 5 Carl's Jr. - CZC-15-064; DES -15-061;. ALT -15-018 A. Vicinity Map Vicinity Map Le end 145 55 .],.0 �O 2190 9 104 \ y�Nea oFlmpacl 19]0 ]fid Parcels-McOdian C -C 56 ]o 100 ..- 182] R-8 RUT 1630 08 20 34 N no 6 I-0 C -C - --- — ._ -- e ... .. ........... 11648 1695 --� 35 1 I 1616 1633 Ifi48 319 .. 1612 1625 t, I 624 1615 -- n 1608 1615 „ 1610'- 1608 C 1606 160] 1546 16081608 16 R 536 1533 1536 15351 1524 1535 11526 1523 15201s23 Print Date: 1015/2015,516 � 1513 1520 1522 I 1s19 0 0.075 0.15 Miles 251 251 RS TM1e' fum em 6 uJ maP pleCfrom vemus m -1 entl Wj c[ ro stern rev The Cly of M '4 makes o y 9ume t r to lite cotlmC o'f. timer phren I Y of fro tloro p J mM os le9el ,, blit, for Ne �a 1936 19 'tl aSonCMla ea m' w. �'1910 911 p. € 190014dj �1fro4b a 18941091 Qi 132 1 210 216 j10 300 360 � 200 400 412\\^50 — -_ — CG __.. „_ r gFavn�r.@xe..... ............! RI _I 2zs � 1682 20] � 1620 - 302 1626 --J 405 R40 1 m s WN-- CiVl E %N�-- IDAHO Conditions Document 6 Carl's Jr. - CZC-15-064; DES -15-061;. ALT -15-018 048 `n z YB)6I a 700 n 45/35] 36 E Barbara Or 132 1 210 216 j10 300 360 � 200 400 412\\^50 — -_ — CG __.. „_ r gFavn�r.@xe..... ............! RI _I 2zs � 1682 20] � 1620 - 302 1626 --J 405 R40 1 m s WN-- CiVl E %N�-- IDAHO Conditions Document 6 Carl's Jr. - CZC-15-064; DES -15-061;. ALT -15-018 B. Site Plan (dated: September 23, 2015) CARL'S JR. RESTAURANT -14 E. FAIRVIEW AVE. (IIYpi MF111dGN. ADA (OUMIV.IDAwI CIVIL SITE PLAN � l �?y l I s f u=+ E. FAIRVIEW AVENUE Conditions Document 7 Carl's Jr. - CZC-15-064; DES -15-061; ALT -15-018 C. Landscape Plan (dated: September 22, 2015) Plant schedulehili , 1I:i 41 landscape notes landscape lecend- _._...- AVBILE / o °�^:' •::�.s =.�Aaz—_- Via- e= legend t landscape plan i -.a�-,,;�,-• � ,„s,,, irrigation notes landscape requirements Eg WO 4�.^s..'=: WW :=c:.�ie;7.�=� •...—..., R:":'.as ”' ac NO �;r... ..� .ter.. u•,a:>ma�-d .................. r+� 11011 Conditions Document 8 Carl's Jr. - CZC-15-064;. DES -15-061; ALT -15-018 D. Elevations (dated: September 23, 2015) Conditions Document 9 Carl's Jr. - CZC-15-064; DES -15-061; ALT -15-01 S y Jfi.-t m � m c t A2.0 Conditions Document 9 Carl's Jr. - CZC-15-064; DES -15-061; ALT -15-01 S IT m } ec 017 S ii I _ 1 ® m AZA Conditions Document 10 Carl's Jr. - CZC-15-064; DES -15-061; ALT -15-018 C�WE IDIAN — Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (cheek all that apply) ❑ Accessory Use STAFF USE ONLY: {- 9 Alternative Compliance Filenumber(s): C� l -666 9 Certificate of Zoning Compliance ❑ Certificate ofZoning Compliance Verification S -16 -OW A17--r,5-bS ❑ Conditional Use Permit Minor Modification t 9 Design Review Project name: ❑ Private Street Datefiled: S ^ iJr Date. plete:. Cb -l3- ❑ Property Boundary Adjustment �� �� ipso nS El Time Extension (Director) Assigned Planner r ❑ Vacation Relatedfiles: // JO /I -DDZ ❑ Other Applicant Information Applicant name: Green Star Properties Phone: 208-424-0395 Applicant address: 130601 W. McMillan Rd. ste 102 Zip: 83713 E-mail: lnbnnta)att.net Applicant's interest in property: ❑ Own ❑ Rent 9 Optioned ❑ Other Owner name: Holly Plaza LLC Phone: 775.323.8987 Fax: Owner address: 2055 Driscoll Dr. Zip: 89509 E-mail: hollyplazallc@aol.com Agent time (e.g., architect, engineer, developer, representative): Architect Firm name: erstad ARCHITECTS Phone 208-331-9031 F 208-331-9035 Address: 420 Main St. Suite 202 Boise, Idaho Zip: 83702 Primary contact is: ❑ Applicant ❑ Owner 9 Agent ❑ Other Contactname: Jason Smith Contact address: 420 Main St. Suite 202 Boise, Idaho ax. E-mail: lsmlth@erstadarchaects.com Phone: 208-331-9031 Fax: 208-331-9035 Zip: 83702 E-mail: lsmith@erstadarchitects.com Subject Property Information Location/street address: 14 E Fairview Ave Meridian, Idaho 83642 Assessor's parcel number(s): 88956180100 Township, range, section: 3N1 E06 Current land use: Commercial Total acreage: •481 Current zoning district: CCC 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. I11 9(11) Project Description Project/subdivisionname. Vanauken General description of proposed project/request: Demolish existing structure to build a new Carl's Jr. Restaurant with drive-thru. Proposed zoning district(s): C -C (No change to Existing) Acres of each zone proposed: •481 (No change to Existing) Type of use proposed (check all that apply): ❑ Residential 9 Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): N/A Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Nampa+Meridian Irrigation District Primary irrigation source: Nampa+Meridian Irrigation District Secondary: City of Meridian Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 5,500 sq. ft. Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): I 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 (DU/acre-excluding 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: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 1 (existing) Other lots: n/a Gross floor area proposed: 2,360 sq. ft. Existing (if applicable): n/a Hours of operation (days and hours): 7 days/week - Sam-12am Building height: 23'-10" Percentage ofsite/project devoted to the following: Landscaping: 00 Total number of employees: 20 Building: 10% Paving: 64% Maximum number of employees at any one time: Number and ages of students/children (if applicable): n/a Total number of parking spaces provided: 17 Authorization Print applicant name: Jason Smith Seating capacity: 54 Number of compact spaces provided: 0 Applicant signature: l,— Date: O 3 Br Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) -5533 • Facsimile: (208) 888-6854 • Website: www.meridimcity.org 2 erstad ARCHITECTS 310 north 5" street, boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • emaiI:info@erstadarchitects.com September 23, 2015 Bill Parsons Planning Supervisor Meridian Planning Division 33 E. Broadway, Suite 102 Meridian, ID 83642 Re: Alternative Compliance, CZZ and Design Review Planning Comments Carl's Jr. Restaurant — 14 E. Fairview Ave. Mr. Parsons, Attached for your review are revised plans and elevations that address your review comments received Via email on 06/24/15 and our subsequent follow up meeting on 07/17/15. 1. The Drive-through has been widened to 20' to accommodate an escape lane in accordance with UDC 11-4-3-11. The parking lot on the north side of the building, site landscaping and photometric plan have been revised to reflect this change. 2. The landscape buffer on the east boundary of the drive-through exit lane has been widened to 5' clear. 3. A bike rack has been added at the northwest corner of the building. A cut sheet is attached. 4. The scored concrete pedestrian crossing has been moved to the west side of the building and is now called out on the civil site plan. 5. (2) 2" caliper trees have been added to the eastern most landscape buffer. 6. (3) 2" caliper trees have been added adjacent the building on the southwest corner. (1) Y' caliper tree has been added to the Fairview landscape buffer. The vision triangles have been changed to 20'x10'. 7. A decorative trellis element and (2) decorative fence elements with brick columns have been added at the southwest corner of the site, the landscaping has been modified accordingly. We appreciate your consideration of this application and look forward to working with the City of Meridian as this development moves through the approval process. Please do not hesitate to contact me with any questions you may have or if additional materials are required. Sincerely, erste ITECTS Jason Smith Project Manager erstad ARCHITECTS 420 main street, suite 202 Boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 -email: info@erstadarchitects.com June 4, 2015 Meridian Planning Division Meridian City Hall 33 E. Broadway, Suite 102 Meridian, ID 83642 Re: Certificate of Zoning Compliance Ca rl's J r. Resta u ra nt —14 E. Fa i rview Ave. Dear Planning Staff; erstad ARCHITECTS is pleased to submit the attached Certificate of Zoning Compliance Application and supporting materials. The proposed project is a 2,360 square foot Carl's Jr. Restaurant with a drive-thru. The site includes the required drive-thru escape lane with parking to the North of the building. The rooflines are formed by parapet walls that modulate from 20'-10" for the main body of the building up to 23'-10" at the two building entrances and drive-thru tower. The building design utilizes stucco as the primary material with brick veneer pilasters at the two tower entry elements and aluminum slat walls as an accent material. The property is less than two acres so the site is laid out with a single drive aisle with parking on either side. The drive aisle is accessed from the existing Albertson's parking lot to the north and west . There are no known previous approvals for this site. We appreciate your consideration of this application and look forward to working with the City of Meridian as this development moves through the approval process. Please do not hesitate to contact me with any questions you may have or if additional materials are required. Sincerely, erstad ARCHITECTS Jason Smith Project Manager erstad ARCHITECTS 420 main street, suite 202 Boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email:info@erstadarchitects.com June 4, 2015 Meridian Planning Division Meridian City Hall 33 E. Broadway, Suite 102 Meridian, ID 83642 Re: Design Review Carl's Jr. Restaurant —14 E. Fairview Ave. Dear Planning Staff; erstad ARCHITECTS is pleased to submit the attached Design Review Application and supporting materials. The proposed project is a 2,360 square foot Carl's Jr. Restaurant with a drive-thru. The proposed project will be almost identical to the Carl's Jr. that was recently built near Meridian Rd. and Overland. This narrative will describe how the proposed building complies with the Meridian Design Manual and UDC 11-3A-19 guidelines, as required for Design Review. 1. The architectural character of the building is in line with the Carl's Jr. brand, as well as the standards provided by the City of Meridian. These include: a. The building facades are broken up with changes in material, roof height modulation, and the addition of illuminated aluminum canopies and aluminum metal slat walls. Brightly colored horizontal accent bands also help to articulate the bottom and top halves of the building and unify the facades. b. The North and East elevations highlight the primary public entrances with material changes (stucco to brick), which project slightly from the building face. Canopies also protect patrons as they pass through the entrances. The parapet s over the entrances are also taller than over the rest of the space. c. Rooflines are formed by parapet caps that modulate from 20'-10" for the main building body to 23'-10" at the main entrances and drive-thru tower. d. The majority of the building exterior is stucco, but these faces are broken up with control joints and three accent bands; one at 3'-2", one aligning with the bottom of the canopies at 9'-8" and the top band at 15'-11.5". As previously mentioned, canopies are over the windows and entries. The Carl's Jr. Star can be found as raised stucco elements providing additional design interest to the elevations. e. All of the rooftop equipment will be screened by the parapet. At ground level, the electrical transformer will be mostly screened by landscaping; it is located to the West side of the building for minimal visual impact. 2. Materials: The exterior material is primarily stucco, highlighted by brick veneer pilasters at the two entry towers. The stucco is broken up by using one color at the lower portion of the wall to form a base, and then a lighter color for the upper portion of the wall. This is further defined by differently colored stucco accent bands in the Carl's Jr. signature red and yellow. Canopies shade the windows and highlight the entrances. 3. Site Design + Parking: Because the property is less than two acres, there is only one drive aisle with parking stalls on either side on the north side of the building. This drive aisle leads to a drive-thru lane which loops around to the second entrance on the east side of the building. 4. Pedestrian Walkways: a raised concrete sidewalk connects to the existing sidewalk along Fairview Ave. and links all entrances to the building. Where it crosses the drive-thru lane, it is differentiated with scored concrete in a herringbone pattern. The sidewalk on the north side of the building is 7', the sidewalks on the east and west sides are 5' wide , allowing ample space for pedestrians. 5. Previous Approvals: None We appreciate your consideration of this application and look forward to working with the City of Meridian as this development moves through the approval process. Please do not hesitate to contact me with any questions you may have or if additional materials are required. Sincerely, erstad ARCHITECTS Jason Smith Project Manager ersta d ARCHITECTS 420 main street, suite 202 boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • emaikinfo@erstadarchitects.com June 4, 2015 Meridian Planning Division Meridian City Hall 33 E. Broadway, Suite 102 Meridian, ID 83642 Re: Alternative Compliance Request Carl's Jr. Restaurant— 14 E. Fairview Ave. Dear Planning Staff; erstad ARCHITECTS is pleased to submit an Alternative Compliance Application for a proposed Carl's Jr. Restaurant at 14 E. Fairview in Meridian in a C -C zone. The proposed 2,360 gross square foot restaurant is located at the northeast corner of Fairview and Meridian Road, and will include a drive thru service window. The property is currently occupied by a vacant Pioneer Federal Credit Union building. There are no existing landscape buffers or landscaping on either Meridian Rd. or Fairview Ave. We are requesting Alternative Compliance for the required 25' landscape buffers along both Meridian Rd. and Fairview Ave. The required landscape buffers along these two streets make the site almost impossible to develop for the desired use. The design team has looked at a number of site layouts that included varied building orientation and placement. The submitted site plan provides the maximum landscape buffer width while maintaining the functionality needed for this building type. We are proposing a 14' buffer along Fairview and 15' buffer along Meridian Rd. In addition, the required number of trees along the buffers cannot be met based on site conditions. The site is bordered with driveway/aisles and a large corner at the intersection of Meridian and Fairview. The safe vision triangles required by the City and ACHD cut into the landscape areas reducing the available area for the tree plantings. The east perimeter includes an existing driveway and parking creating limitations in that area as well. As part of the Alternative Compliance request we are proposing additional trees to the north perimeter and interior where possible. We have proposed a dense landscape planting involving shrubs, ground covers and perennials that are mainly drought tolerant and go above the typical landscape requirements. These plantings are clustered together creating a richer and more aesthetically pleasing landscape design. In addition, we have designed an inline emitter drip line irrigation system that will reduce the amount of landscape water used by up to 75%. The project will utilize a "smart" irrigation controller that will be linked to a Solar Sync Sensor that will provide automated daily adjustment to the program run times depending on ET/rain and When recorded, return to: Thomas Schuveiller, 2055 Driscoll Avenue, Reno. NV 89509 ,47 - ao0 S.Z 979Py ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00 BOISE IDAHO 01123106 04:55 PM DEPUTY Vicki Allen IIIIIIIIIIIII�IIIII'llllll'IIIIII�III RECORDED -REQUEST OF Alliance Title 106011637 SPECIAL WARRANTY DEED FOR GOOD AND VALUABLE CONSIDERATION, CHERRY PLAZA ASSOCIATES, LLC, an Idaho limited liability company ("Grantor"), does hereby GRANT, BARGAIN, SELL and CONVEY unto HOLLY PLAZA, LLC, a Nevada limited liability company ("Grantee"), whose address is Attn: Thomas Schuveiller, 2055 Driscoll Avenue, Reno, NV 89509, that certain real property located in Ada County, Idaho, legally described on the attached Exhibit A, which exhibit is made a part hereof, together with all improvements located thereon and all appurtenances thereto (the "Property"). This conveyance hereby made is subject to the lien for real property taxes and those matters described on Exhibit B attached hereto and made a part hereof ("Permitted Exceptions"). TO HAVE AND TO HOLD the Property, unto the Grantee and to the Grantee's successors and assigns forever. Grantor does hereby warrant title to the Property against all persons claiming through Grantor, and no other, subject to the Permitted Exceptions. ' IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this lI day of January 2006. CHERRY PLAZA ASSO IATES, LLC, an Idaho limited liability ny ey. l Richard P. Clark, Manager SPECIAL WARRANTY DEED -1 CADocuments and SettingsX"ttblocal Setlings7emporary Internet Files\OLKFMpecial Warranty Deed GP01 (2).DOC STATE OF IDAHO County of Ada On this personally appeared Plaza Associates..LY } } ss. day of January 2006, before me, a Notary Public in and for said State, Richard P. Clark known or identified to me to be a Manager of Cherry 4.r7jjd acknowledged to me that he executed the same in said company's name. •."-qL A• Gq �'•. 07 G tyOTqI?f•,Y6 % ,�•: pUBLtG •..,nun...a STATE OF IDAHO } ss. County of Ada ) Notary Public f e State of Idaho Residing at My Commission expires: On this JUI day of January 2006, before me, a Notary Public in and for said State, personally appeared Christopher J. Beeson known or identified to me to be a Manager of Cherry Plaza Associates, LLC, and acknowledged to me that he executed the same in said company's name. SPECIAL WARRANTY DEED - 2 CADocuments and Settings\wattb\I-mai Settings\Temporary Internet Files\0LKF9\Special Warranty Deed GPOt.DOC ••.• �0 T " f �• Notary P lic for theAtatel of Idaho .•• <,o, • ; f? •, Residing at A I RS r% My Commission expires: >: * :ze N �u2, L1G ��'•i. F OF I'D SPECIAL WARRANTY DEED - 2 CADocuments and Settings\wattb\I-mai Settings\Temporary Internet Files\0LKF9\Special Warranty Deed GPOt.DOC PARCEL 1: A PARCEL OF LAND LOCATED INA PORTION OFLOT 7 WMCH IS 1N THE SOUTHWEST 114 OF SECTION 6 TOWNSHIP 3 NORM RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE particularly described as follows: COMMENCING at the South 114 corner of said Section 6 which is marked by a brass cap; thence running South 88001'10" West 2404.64 feet along the southerly boundary of said Section 6 to the Southwest Corner of said Section 6 which Is marked by a brass cap; thence North 00°16'20" West 623.04 feet along the westerly boundary of said Section 6 to a point; thence North 88001110" East 26.16 feet to a point on the east right-of-way line of North Meridian Road described in a Warranty Deed filed in Ada County records on July 22, 1991 as Instrument No. 9139679. Said point is also the POINT OF BEGINNING; thence continuing North 88001110" East 679.25 feet along a line parallel to and 622.76 feet northerly (when measured at right angles) from said southerly boundary of Section 6; thence South 00014150" East 583.03 feet along a line parallel to and 1698.72 westerly (when measured at right angles) from the easterly boundary of said SW 114 of Section 6, to a point on the north right-of-way line of Fairview Avenue described In a Warranty Deed filed in Ada County records on July 26,1977 as Instrument No. 7734815. Said point is 40.00 feet northerly (when measured at right angles) from said southerly boundary of Section 6; thence South 88001'10" West 650.00 feet along said North right -of way line to a point; thence North 48°05'26" West 20.42 feet along said North right-of-way line to a point on the East right-of-way line of North Meridian Road Said point Is 40.00 feet Easterly (when measured at right angles) from said Westerly boundary of Section 6; thence North 00016'20" West 45.38 feet along said East right -of --way 8ne of North Meridian Road to a point which is 40.00 feet Easterly (when measured at right angles) from said Westerly boundary of Section 6; thence South 89043'40" West 9.94 feet to a point which Is on said east right -0f -way line described In Said Warranty Deed Instrument No. 9139679. Said point Is 30.06 feet easterly (when measured at right angles) from said westerly boundary of Section 6; thence North 01*06'01" West 349.86 feet along said East right of way line to a point which is 25.00 Feet Easterly (when measured at right angles) from said Westerly boundary of Section 6; thence North M'06'26" East 173.25 feet along said east right-of-way fine of North Meridian Road to the POINT OF BEGINNING. EXCEPT the following described parcel: A parcel of land located in a portion of Lot 7 which is in the Southwest 1/4 of Section 6 Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the South 1/4 corner of said Section 6 which is marked by a brass cap; thence running South 88001'10" West 2404.64 feet &king the southerly boundary of said Section 6 to the Southwest Corner of said Section 6, which D marked by a brass cap; thence North 00'16.20" West 623.04 fat along the westerly boundary of said Section 6 to a point; thence North 88001110" East 26.16 fat to a point on the east right-of-way line of North Meridian Road described in a Warranty Deed filed in Ada County records on July 22,1991 as Instrument No. 9139679, said point is 26.15 feet easterly (when measured at right angles) from said westerly boundary of Section 6 and Is the POINT OF BEGINNING; thence continuing North 88"01'10" East 500.00 feet along a line parallel with and 622.76 feet northerly (when measured at right angles) from said southerly boundary of Section 6; thence South 01"58'50" East 30.00 feet to a point; thence South 88001'10" West 161.00 feet to a point; thence South 01058'50" East 28.15 feet to the north face of a wall; thence South 87"58'18" West 8.25 feet along said north face to the apparent centerline of a commonly shared wall; thence South 02001'42" East 142.42 feet along a Hut following the apparent centerline of said Commonly shared wall to its south face, thence continuing South 02'01142" East 322.19 feet to a point; thence South 88001110" West 184.58 feet to a point on the easterly boundary of a lease parcel described in a Memorandum of Lease recorded in Ada County records as Instrument No. 8106177•, thence North 01"59'00 West 89.95 feet along said easterly boundary of the lease parcel; thence South 88°01'00" West 156.85 fat along the northerly boundary of said lease parcel to a point on the east right-of-way line of North Meridian Road described in said Warranty Deed, Instrument Na 9139679, said point Is 28.76 feet easterly (when measured at right angles) from said westerly boundary of Section 6; thence North 01°06'01" West 259.72 fat along said east right-of-way line of North Meridian Road to a point which is 25.00 fed easterly (when measured at right angles) from said westerly boundary of Section 6; thence North 00°06'26" East 173.25 feet along said east right-of-way line of North Meridian Road to the POINT OF BEGINNING. Parcel 2 A perpetual, non-exclusive easement Interest appurtenant to and for the benefit of Parcel 1 described herein, for (a) vehicular and pedestrian Ingress and egress over and across the now or hereafter existing parking and driveway areas of the following parcel and (b) for vehicular parking on that portion of the following parcel identified by cross -hatched marks in Exhibit B-1 of the following document, said easements created by document entitled Reciprocal Easement Agreement executed by and between Heartland Meridian Commercial Partners, a Minnesota limited partnership, and U.S. Bank of Idaho, N.A., dated January 19, 1994, recorded March 9, 1994 as Instrument No. 94021293: A parcel of land being a portion of the Southwest Quarter of Section 6, Township 3 North, Range i East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marling the South Quarter corner of the said Section 6; thence along the Southerly boundary of the said Southwest Quarter of Section 6 South 88° 35149" West 1483.00 feet to apoint marking the Southwest corner of the property described in Instrument No. 458162, filed for record In the office of the Ada County Recorder, Boise, Idaho; thence along the Westerly boundary of the said Instrument No. 458162 North 00° 20149" east (formerly North o0° 18' Eart) 202.70 feet to sun Iron pin, also said point being the REAL POINT OF BEGINNING; thence continuing North 00` 20' 49" East 210.19 feet to an iron pin on the Southerly boundary of Instrument No. 328064, as filed for record in the office of the Ada County Recorder, Botsq Idaho; thence along the said Southerly boundary of the said Instrument No. 328064 South 88° 51157" West 21475 feet (formerly 218 feet) to an iron pin marking a certain property corner described In Boot 288 of Duds at Pages 378 and 379, as filed for record In the office of the Ada County Recorder, Boise, Idaho; thence along a tine Easterly of and parallel with the Westerly boundary of the said Southwest quarter of Section 6 South 00° 18' 23" West 373.90 feet to an Iron pin on the Northerly right- f --way Bae of West Fairview Avenue, also known as U.S. Highway No. 30 Project NO. RF -3251 (40), as described by Instrument Nos. 7744026, 7744027 and 7744028, rded for record in the office of the Ada County Recorder, Boise, Idaho; thence along the said Northerly right-of-way line of West Fairview Avenue North 88° 35149" East 41.54 feet (formerly 43.12 feet) to an Iron pin marking a POINT OF BEGINNING OF CURVE; thence continuing along a curve to the right 70.06 feet, said curve having a central angle of 00° 42120", a radius of 5689.59 feet, and a long chord bearing . North 87.24' 51" East 7Q.05 feet to an iron pin marking the POINT OF ENDING OF CURVE; thence leaving the said Northerly right-of-way line of West Fairview Avenue North 00' 18' Il" East 159.00 feet (formerly 160.00 feet) to an Iron pin; thence North 87° 22' 14" East 105.21 feet (formerly 105.00 feet) to the POINT OF BEGINNING. STATE OF'iD*tfO ) {aSAA6C COUNTY OF A 4; * ) (name) (city) being first duly sworn upon, oath, depose and say: A) "o (address) ✓Ac ^ (state) That I am the record owner of the property described on the attached, and t grant my permission to: Y"ae 0 I -)4A c l-acAS (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. t 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 aC day of (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. JASREETKAUR NOTARY PUSIX STATE OF NEVADA APPL W,12 -MM2 Qf y AGO creN" Sept 15, 21119 (Notary Public for Idaho) Residing at: SSA l�15w��1r Ssvc0.� , My Commission Expires: —se tL4 \ { s� --3 R—� Jason Smith From: Mindy Wallace <Mwallace@achdidaho.org> Sent: Wednesday, February 11, 2015 11:26 AM To: Jason Smith Cc: Katrina Kulm Subject: RE: Carl's Jr. 14 E Fairview Ave Jason, A traffic impact study is not require for this application. ACHD does consider this be a change of use. After receiving your approvals from the City of Meridian submit plans directly to ACHD for review and impact fee assessment. Please let me know if you have any questions. Mindy Wallace, AICP Planner III Ada County Highway District (208)387-6178 "We drive quality transportation for all Ada County -- Anytime... Anywhere!" From: Jason Smith fmailto:ismith(cberstadarchitects.com] Sent: Wednesday, February 11, 2015 11:22 AM To: Mindy Wallace Cc: Katrina Kulm Subject: Carl's Jr. 14 E Fairview Ave Mindy, We are currently working on the design of a new 2,430 SF Carl's Jr. with a drive-thru at 14 E. Fairview Ave. in Meridian. As part of the Certificate of Zoning Compliance Application for the City of Meridian, I am emailing to verify if a traffic impact study or change of use is required for this project. The site was previously occupied by Pioneer Federal Credit union. Please let me know if you need any additional information. Thank you, Jason Smith, LEER@ AP erstad ARCHITECTS 420 main st., suite 202 - boise, id 83702 p (208) 3319031 f (208) 3319035 www.erstadarchitects.com This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the Intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission In error, please immediately contact the sender and destroy the material in its entirety, whether In electronic or hard copy format. @2015 From: Emily Stroud <estroud@meridiancity.org> Sent: Thursday, June 04, 2015 4:53 PM To: Katrina Kulm Subject: RE: 14 E Fairview-CZC Hi Katrina, Our Fire Marshall -Deputy Chief Perry Palmer - requested that I send you the following comments regarding this site plan. Please let us know if you have any questions or concerns. "The drive aisles are acceptable and there is no requirement for a drive aisle all the way around the building. The Fire Department has no issues with this proposal." — Perry Thank you and have a good evening! Emily Stroud Records Clerk Meridian Fire Department 33 E. Broadway Ave. #210 Meridian, ID 83642 P - (208) 888-1234 www.meridianfire.org "Dedication, Loyalty, Tradition" CONFIDENTIALITY NOTICE: This email and any files transmitted with it are confidential and privileged and intended for receipt and use solely by the individual or entity named in this email transmission. If you are not the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Please notify the sender immediately that you have received this message in error and destroy this message. From: Katrina Kulm[ma i Ito: KKul m 0)erstada rchitects. com] Sent: Thursday, June 04, 2015 2:25 PM To: MeridianFire Subject: 14 E Fairview-CZC We are getting ready to submit for CZC for 14 E Fairview to the City of Meridian. The site is in the parking lot of Albertsons on the corner of Meridian and Fairview. Part of the requirements is Fire Marshall approval for access and turn around. From: Olson, Robert <ROlson@republicservices.com> Sent: Thursday, February 12, 2015 2:03 PM To: Jason Smith Cc: Katrina Kulm Subject: RE: Carl's Jr. 14 E Fairview Ave - Meridian Looks good as long as the gates will clear the curbs so we can peg them open on the other side, I am not sure the store managers won't at some point try stuffing smaller 3yds to get recycling and other items such as grease containers into the enclosure. should I put those notes into the account I don't want to be set up as the bad guy for not doing my part to save the world. From: Jason Smith[mailto:ismith(a)erstadarchitects.coml Sent: Wednesday, February 11, 2015 12:56 PM To: Olson, Robert Cc: Katrina Kulm Subject: Carl's Jr. 14 E Fairview Ave - Meridian :.. We are working on the design for an new Carl's Jr, in Meridian at the NE corner of Meridian and Fairview. Carl's Jr. will not be recycling at this location due to the size of the site. The site plan is attached for your review of the trash enclosure size and placement. I appreciate you taking the time to review this. Thank you, Jason Smith LEeDa- AP erstad ARCHITECTS 420 main st.; suite 202 - boise, id 83702 p (208) 3319031 f (208) 3319035 www.erstadarchitects.com This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material In its entirety, whether in electronic or hard copy format. ©2015 We'll handle it from here." R Robert Olson Operations Supervisor 11101 W Executive Drive REPUBLIC 1°. SERVICES a e ROl bli repub 208-6805-772 0 208-085-7729 c 208-.71-1745 C 208-371-1 f 208-658-0509 w reoublicservices.com From: Jason Smith[mailto:ismith(a)erstadarchitects.coml Sent: Wednesday, February 11, 2015 12:56 PM To: Olson, Robert Cc: Katrina Kulm Subject: Carl's Jr. 14 E Fairview Ave - Meridian :.. We are working on the design for an new Carl's Jr, in Meridian at the NE corner of Meridian and Fairview. Carl's Jr. will not be recycling at this location due to the size of the site. The site plan is attached for your review of the trash enclosure size and placement. I appreciate you taking the time to review this. Thank you, Jason Smith LEeDa- AP erstad ARCHITECTS 420 main st.; suite 202 - boise, id 83702 p (208) 3319031 f (208) 3319035 www.erstadarchitects.com This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. 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I Ll x V 1 1 W {r{k MB 1 it f l L u `1'� $ A N M 5 �f II i R F pp sy a s kgg € ���B 894Fm S£o P�a� a ®Pg@ onji© Ient7 a�a'N5o E E EE EE EE �I TT €dee {_ EN E� E� F� - � 9A �°Ll Fed['$ Go S 4d =m� a s" 5off= o e Asa€a� s� a 3=g 8E g f a @ o�� -- im jg e 3 s z 3 9 a ns OF lip # `az � � m s- � �'"JlfJW✓G��o� 3?g�sgi; ±= ]3 .3 5 V ]1�� aAororna�vosa xaaa 2>Si eretetl APCHflEC15, PA O N 14 E. Fairview Ave. �[4e. mo mole A.n, .„1= aoi, ooze, loom V1. E Mendian, ID 93642 <��\ Ao ar°$a€'a 1�1 nl3NI IU Al ws�a.,re.ce.:um.� "' < n - PriOlolYPE lRlv5a si5�s paq��I]S { a "WAFCHIECI$PA E O B3Aw M2 ;;ff {i amen +�etrmt Mi.wme SA 1 @9a:i4ma.�.� MFu r BELSON° O U T D O O R S 111 North River Road North Aurora, IL 60542 Phone: (800) 323-5664 Fax: (630) 897-0573 sales@belson.com Model # BOL450-2R-SF-P Dimension Sheet BOLLARD 12 ARMS 2 BIKES X12-1/2"- o 8-1/2" 3/4" SOLID ROD 0 4-1/2" O.D. STEEI ELEVATION VIEW w .belson.com BOLT CRETE