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Application
Hearing Date: September 17, 2015 File No.: CUP -15-016 Project Name: Stinker Station at Paramount Commercial Request: Request for a conditional use permit for a drive-through establishment within 300 feet of another drive-through establishment in a C -G zoning district, by CSHQA. Location: The site is located at 1410 W. McMillan Road, in the SW %4 of Section 25, Township 4N., Range IW. (�E IDIAN- Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Projectname: �bnW Sfaf+isn aj- PC- rvioun-f- �6mmercut.I Filenumber(s): CUP -IS -01(o Assigned Planner: 1np Wa-1-Ieri Related files: fit-o�k-CV& of Review all that IS Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ City Council Review ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment •'.Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification Applicant name: C 54%t{ L C --V4 4v t ZAC1Zk& Applicant address: 7� Q SF -OA 7 79T. City: F!2JSE LI Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ UDC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Phone:7Agq•gpj% Email:(7-W6.ZSWDCAr^4?GS{jQPk,C4 v% State: 117 zip: 834 e7L Applicant's interest in go ert S(Own ❑ Rent ❑Opptioned. ❑ r Candy KRke 50 Pioneer Exchange Accommddation Titleholder, LL Owner name: an Idaho limited liability company. by: Pioneer 1031 Company, Its: Sole Member Phont (208) 373-3731 Owner address: 1414 W. Bannock City: Boise Email:candyapioneer1031.com State: ID Zip: 83702 Agent/Contact name (e.g„ architect, engineer, developer, representative): TP4,Avs (%(%`P,1L--1l Firmname: C5iaPk Phone:Z08 4z`t•41-o4q Agent address: Z_!?�S] Email:ANnES.IA�iaFtS}k= GSI1if �tyyt City: 'Fobs State: ID Zip: Jg2 Primary contact is: ❑ Applicant ❑ Ovmer AAgent/Contact Information Location/street address:1'44q r1. � - Il-� P J l Township, range, section: 4A44► WZS Assessor's parcel number(s): ,F- Total acreage: (•C)411 Zoning district: C' Community Development m Planning Division m 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orelplannine (Rev. 06/122014) Project/subdivision name: CcVNwcptr SNAC4ltWMY SUS KO. General description of proposed project/request: ��15T(?-I/K.'h� O� �IJNsII£tJG't ¢✓(dRfc�GlhS Proposed zoning district(s): 6- vt Acres of each zone proposed: 1. On`j Type of use proposed (check all that apply): ❑ Residential ❑ Office [Commercial ❑ Employment ❑ Industrial ❑ Otherpp ' 1 Who will own & maintain the pressurized irrigation system in this development? FAV*dro�eldt.Ti t wjcF Weq,,S Which irrigation district does this property lie within? SE 1 T 5 Primary irrigation source :SU WPM- C�1.6R5i Secondary: Rau Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) �IL Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): _ Gross density (Per UDC 11 -IA -1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: - Average property size (s.f): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number ofbuildine lots: I Common lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Z$t'M1t Total number of parking spaces provided: _ 1-1 Number of compact spaces provided: Authorization Print applicant name: Applicant signature:. J Community Development ■ Planning Division m33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci .mg/planning -2- (Rev. 0611212014) CSHO4 200 Broad St. • Boise, ID 83702 O: (208) 343-4635 F: (208) 343-1858 J u ly 27, 2015 Planning Department City of Meridian 33 East Broadway Avenue, Suite 210 Meridian, Idaho 83642 Re: Stinker Store 1410 West McMillan Road Meridian, Idaho Project No. 15148.000 Conditional Use Permit Application To Whom It May Concern: Following is a project narrative for the proposed construction of a Stinker Stores convenience store and fuel center with an attached fast-food restaurant with a drive-thru lane. The project is to be built on Lot 2, Block 1 in the Commercial Southwest Sub No 1. The lot is currently zoned C -G, of which permits this type of use. However, a Conditional Use Permit is needed for the drive- thru lane as it is located within 300 feet of another drive-thru. The project consists of a 5,940 square foot building that will house the convenience store and fast-food restaurant, a fueling center with four fuel pump islands covered with a twenty foot tall canopy, paved parking with 17 spaces, bicycle parking, a drive-thru lane for the restaurant and landscaping. The building's exterior has been designed to meet current City design standards and utilizes synthetic stucco, manufactured stone and aluminum -composite panel materials. The building's mechanical units will be located on the roof and screened from view as required by the City's design guidelines. Trash enclosures will be located at the front of the property. They are proposed to be constructed with 6 foot tall walls constructed with CMU that matches the building, with painted metal gates. The parking provided on site is located along the front and left side of the building. Seventeen (17) standard spaces are provided, including one wheelchair -accessible parking space. Two pedestrian access points to the building are proposed. One extends along the west side of the property from the building to the existing side walk along West McMillan Road. The other extends from the rear of the building to an existing walk at the apartment complex to the north of the property. These eople who listen —design that speaks www.cshga.com EEO W/MNet,/Disabled City of Meridian Page 2 July 27, 2015 accesses are proposed to be constructed of stamped concrete that will differentiate them from the paved surfaces they are adjacent to. A drive-thru window is proposed at the rear right end of the building with a 12 foot wide drive-thru lane starting at the front right corner of the building, extending along the right side, wrapping around and running along the rear of the building, then exiting into the shared access lane on the west side of the property. The convenience store is planning to be open 24 hours a day, seven days a week. We do not anticipate an increase in traffic solely due to the store operations. Considering the zoning, site layout, and hours of operation we do not expect the drive-through to have a detrimental effect on its neighbors. Please accept our application for a Conditional Use Permit. Feel free to contact us if you have any questions or require anything further. Sincerely, CSHQA Loren Broyles LB:aj Enclosures ADA COUNTY RECORDER Christopher D. Rich 2015-033944 BOISE IDAHO Pgs=4 LISA BATT 04124/2015 08:59 AM TITLEONE BOISE $19.00 After recording, return to: #250 Pioneer Exchange Accommodation Title Holder, LLC 300 N. Orchard Street Boise, Idaho 83709 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this "Deed") is from Brighton Investments LLC, an Idaho limited liability company ("Grantor") to #250 Pioneer Exchange Accommodation Title Holder, LLC an Idaho limited liability company, Go 300 N. Orchard Street, Boise Idaho 83709 ("Grantee"). NOW THEREFORE for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency'of which is hereby acknowledged, Grantor hereby GRANTS, DELIVERS, SELLS AND CONVEYS to Grantee all of the real property described on Exhibit.A attached hereto together with all of Grantor's rights, title and interest In and to all improvements thereon and all rights, privileges, and hereditaments and appurtenances related or pertaining thereto (collectively, the "Property!. TO HAVE AND TO HOLD said Property with their appurtenances unto said Grantee and the Grantee's successors and assigns forever. The Grantor does hereby warrant to said Grantee, that the Grantor has not created or permitted to be created any lien, charge or encumbrance against the Property except current years taxes; levies, and assessments and except U.S. Patent reservations, restrictions, easements of record, easements visible upon the premises and the exceptions described In Exhibit "B" attached hereto and made a part hereof by this reference; and that Grantor will warrant and defend the same forever from all claims arising by, through or under Grantor. THIS DEED SHALL BE BINDING upon and inure to the benefit of Grantor and Grantee and their respective successors, heirs, legal representatives assigns. EXECUTED TO BE EFFECTIVE AS OF THE v' DAY OF April, 2015. BRIGHTON INVESTMENTS LLC an Idaho 11 a liabilit ompany By: David VVTumbull, Man Ing Member STATE OF IDAHO )ss COUNTY OF ADA ) k On this,hi'day of April, 2015, before me, the undersigned Notary Public in and for said State, personally appeared David W, Turnbull, known or Identified to me to be the Managing Member of Brighton Investments LLC, an Idaho limited liability company, and acknowledged to me that he executed the within instrument on behalf of said limited liability company, and that such limited liability company executed the same in said limited liability company's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. REEL=C"A (i. r4A1103 +7 iv^v Tn Nd ry Pub Idaho / My commission expires r / STATE OF 11"W40 SPECIAL WARRANTY DEED — Page 1 EXHIBIT 8 Permitted Exceptions Terms and provisions contained in a Development Agreement by and between City of Meridian and Ron and Becky Hanks and Sheridan Kooyers and Meridian Joint School District No. 2 and Dwaine and Sharon Wolfe and Paramount, LLC, dated July 15, 2003, and recorded August 14, 2003, as Instrument No: 103137116, records of Ada County, Idaho; Terms and provisions contained in an Addendum to the Development Agreement, recorded October 25, 2007, as Instrument No. 107145935, records of Ada County, Idaho; Terms and provisions contained in a First Amendment to Development Agreement, recorded: September 26, 2008, as Instrument No. 108108427, records of Ada County, Idaho; Terms and provisions contained in an Addendum to the Development Agreement, recorded July 24, 2013, as Instrument No. 113083665, records of Ada County, Idaho. Terms and provisions contained in Ordinance No. 1035, recorded August 14, 2003, as Instrument No. 103137117, records of Ada County, Idaho. An easement for the purpose shown below and rights incidental thereto as set forth in a Public Right -of - Way Easement (Sidewalk), granted to Ada County Highway District; for public right of way on, over and across the Servient Estate for the Improvements, for use by those members of the public who are pedestrians and by bicyclists, and the statutory right of utilities to use the public right of way, and for ACHD, its employees, agents and contractors access to inspect, repair and maintain the Improvements; recorded: March 19, 2008, as Instrument No. 108031602, records of Ada County, Idaho. An easement for the purpose shown below and rights incidental thereto as set forth in Sanitary Sewer and Water Easement; granted to the City of Meridian, for right-of-way for the operation and maintenance of sanitary sewer and water mains; recorded April 24, 2008, as Instrument No.:108048233, records of Ada County, Idaho. Covenants, Conditions, and Restrictions, and, Easements but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded July 2, 2008, as Instrument No 108076574, records of Ada County, Idaho; Terms and provisions contained in a Supplemental Declaration of Covenants, Conditions and Easements for paramount Commercial Southwest, recorded July 16, 2008, as Instrument No. 108081364, records of Ada County, Idaho; Terms and provisions contained in a First Amendment to Declaration of Covenants, Conditions, and Easements for Paramount Commercial Southwest, recorded July 15, 2010, as Instrument No. 110065353, records of Ada County, Idaho; Terms and provisions contained in an Assignment of Rights under the Master Declaration of Covenants, Conditions, and Easements for Paramount Commercial Southwest, recorded April 20, 2011, as Instrument No. 111033018, records of Ada County, Idaho; Terms and provisions contained in an Assignment of Rights under the Master Declaration of Covenants, Conditions, and Reciprocal Easement for Paramount Commercial Southwest, recorded December 28, 2011, as Instrument No. 111105668, records of Ada County, Idaho; Exhibit B Terms and provisions contained in a Second Amendment to Declaration of Covenants, Conditions, and Easements for Paramount Commercial Southwest, recorded March 28, 2013, as Instrument No. 113033187, records of Ada County, Idaho; Terms and provisions contained in a Third Amendment to Declaration of Covenants, Conditions, and Easements for Paramount Commercial Southwest, recorded June 13, 2013, Instrument No. 113066014, records of Ada County, Idaho; Terms and provisions contained in a Fourth Amendment to Declaration of Covenants, Conditions, and Easements for Paramount Commercial Southwest, recorded October 31, 2013, as Instrument No. 113121120, records of Ada County, Idaho. Terms and provisions contained in a Fifth Amendment to Declaration of Covenants, Conditions, and Easements for Paramount Commercial Southwest, recorded 0412412015 as Instrument No. ?m s-naa441 , records of Ada County, Idaho. Easements, reservations, Southwest Subdivision No. County, Idaho. Exhibit B restrictions, and dedications as shown on the official plat of Commercial 1, recorded July 3, 2008, as Instrument No. 108077075, records of Ada 251 CERTIFICATE OF ORGANIZATION FILED EFFECTIVE LIMITED LIABILITY COMPANY 29i5F02-7.*PM.$�.I (Instructions on back of application) p SESTATE OF IFA T TE 1. The name of the limited liability company is #250 Pioneer Exchange Accommodation Titleholder, LLC 2. The complete street and mailing addresses of the initial designated office: 1414 W. Bannock, Boise, Idaho 83702 (Street Address) (Mailing Address, if different than street address) 3. The name and complete street address of the registered agent: Jesse R. Hamilton 1414 W. Bannock, Boise, Idaho 83702 (Name) (Street Address) 4. The name and address of at least one member or manager of the limited liability company: Jesse R. Hamilton 1414 W. Bannock, Boise, Idaho 83702 5. Mailing address for future correspondence (annual report notices): 1414 W. Bannock, Boise, Idaho 83702 6. Future effective date of filing (optional): Signature of a manager, member or authorized person. Signature Typed Name: Vn R. Hamilton Signature_ Typed Name: 9/218012 use only IDAHO SECRETARY OF STATE 02/27/2015 05:00 M 0481 CT:102466 BH^1463856 10 100.00 = 100.00 ORGAN LLC $6 W �i-fsi-4 1 Agree lent of all Directors in lieu of an annual meeting of the Board of Directors of Pioneer 1031 Company The undersigned being the directors of Pioneer 1031 Company agree that the following action is taken by the Board of Directors of the Corporation. 1. The following officers are elected to take office immediately and to serve until their successors are elected and qualified. CHAIRMAN PRESIDENT EVP/SEC/TREASURER SR VICE PRESIDENT ASST SECRETARY JOE GLAISYER TIM BUNDGARD CINDY MUNSON JESSE HAMILTON CANDY KIRKES 2. A copy of the corporation's balance sheet for fiscal year 08-09 is attached, and hereby approved. 3. All actions taken hereunder shall be fully effective and valid toe same as though taken and confirmed by unanimous vote and action of all Directors at a meeting duly called, noticed and regularly held. This agreement in lieu of a meeting of the Directors of the corporation as being held in lieu of an annual meeting for the Board and shall be deemed to fulfill the requirement specified by the corporation's By -Laws for such an annual meeting. In witness whereof, we have hereunto set our hands effective the _12_ day of January 2011. im Graham � . Aq Terry pple Tim Bundgard AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 11250 Pioneer Exchange Titleholder, LLC 1414 W. Bannock (name) (address) Boise Idaho (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: Craig Slocum, CSHQA 20D Broad Street, Boise ID 83702 (name) (address) to submit the accompanying applications) 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 fox the purpose of site inspections related to processing said application(s). Dated this h f^ day of August '2015 #250 Pioneer Exchange Titleholder, LLC by: ioneer 131 C tpany, By:- Jesse Hamilton, SVP (Signature) SUBSCRIBED AND SWORN to before me the day and yea first above wr tten. .`� •• F< `; (Notary Public for Idaho) { t10TgRy1• _ �... Residing at: '04 $' My Commission Expires: C •ufn ory llevelopment • Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orv✓olannine C C 1 CD Y1I-NC_T O G N E o m v v n E cE' v o `o E o t O O O N / v o N Eiq TEE T o� c.E m E � n 'c c U N U O Ecuac ow' -moo -, a 5 o m 0 0 v E v c- 016-0 F i l f Q I E; IL` LYi W / E; IL` CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: City Staff. il Location:on:/ 6a/ficmi/Jan k Comprehensive Plan Future Land Use Map Designation: Design Guidelines Development Context: Proposed Use: C S-}sr2,�vPl c_ c Existing Use: yaahi- Surrounding Uses: rm ''- Street Buffer(s) and/or L nd Use Buffer(s): A Open Space/Amenities/Pathways: Alfa AccesslStubStreets/Street System: 0,62cryra l Sewer & Water Service: JMW -}v Si it T000graohvlHvdmlogv/Floodplain Issues: d,4 1l IMAM �rF�! IA Proposed Zoning: - Existing Zoning: jf_-� rAd Date: S 28-15 Property: e 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 Modification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ 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 ❑ Variance ® Conditional Use Permit _ ❑ Private Street ❑ 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) All applicants for permits requiring a public hearing shall post the site with 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. U" J. LIST OF ATTENDEES NEIGHBORHOOD MEETING CONDITIONAL USE Stinker Store (1410 W McMillian Road, Meridian, ID) Stinker Store is applying for conditional use for 1410 W McMillian Road, Meridian, Idaho. A neighborhood meeting was held on Thursday June 27, 2015 at the proposed project site 1410 W. McMillian Road, Meridian, meeting was held between the hours of four o'clock (4:00) P.M. and six o'clock (6:00) P.M. Following is a list of attendees: NAME (PRINT) SIGNATURE ADDRESS PHONE NO. hA STREET CITY ZIP 9- b p $oi-4647 ?e0,1z lLt� LA A0 , f?/»t rw Gr. W r 4gb7 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. App ' t/a t sig e Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning 7/15/15 Address Verification: Vanilla TI address: 1410 W LICMILLAN RD, STE# 104 MERIDIAN, ID 83646 Save Reset Cancel Help Parcel Detail District Parcel . Parcel Status • Prirrrary 81527270020 Enabled v lYes w Lot Block Subdivision 2 COMMERCIAL SOUTHWEST SUB NO 01 7/15/15 Address Verification: Stinker Convenience Store Address: 141D W MCMILLAN RD, STE# 110 MERIDIAN, ID 83646 Save Reset cancel Help Parcel DetalI District Parcel# , Parcel Status r Primary 81527270020 Enabled Y Yes V Lot BIDck Subdivision 2 0 COMMERCIAL SOUTHWEST SUB N0101 7/15/15 Address Verification: Stinker Store — Shell Address: 14101N MCMILLAN RD, MERIDIAN, ID 83646 Save Reset Cancel Help Parcet Detail district Parcel# = Parcel Status . Primary 815272700020 Enabled *.+ Yes w Lot Block Subdivision 2 [1 COMMERCIAL SOUTHWEST SUB NO 01 X a VoHSDNOLLDMISN00 saws ormreuoe O F a - "z Y0310N AM"IWI13Ad sera (11�KvIQIiYa"�Qg i1:"I'IIIIIaI'� 'br�OTli'1 Sr ROTS HammWS Q X O F "z sera Q a U J Z U 6 W 'e a's€� a4 3' 2 Y e Q g Y Q R ~O I; W FQ- O Q 'sn _ Q Z vo 1=;W ege-q a gic O a a x -8y gj Ys,,^ a ] WH X NOI1�f12115N0� M v��ircleovlwi�ssenrvleovl n ai §xioe i3�arose oot. 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