Loading...
ApplicationHearing Date: November 17, 2015 File No.: H-2015-0012 Project Name: Stinker Station at Paramount Commercial - CR Request: Request for a City Council review of a reduced buffer to residential uses from 25 feet to a width ranging from 7 to 11 feet; and to be relieved from conditional use permit condition #1.5 which requires the fuel canopy to incorporate materials and colors consistent with the convenience store/restaurant, by CSHQA. Location: The site is located at 1410 W. McMillan Road, in the SW '/4 of Section 25, Township 4N., Range IW. Project File nun Assign 'DAHOO OCT 12 2015 Planning Division REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ❑ Certificate of Zoning Compliance ❑ Rezone ® City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: CSHQA (LOREN BROYLES) Phone: 208-429-4046 Applicant address: 200 BROAD STREET Email: LOREN.BROYLES@CSHQA.COM City_ BOISE State: ID Zip: 83702 Applicant's interest in property: El Own ❑ Rent ❑ Optioned ❑ Other CANDY KIRKES-#250 PIONEER EXCHANGE ACCOMMODATION TITLEHOLDER, LLC (AN IDAHO LIMITED Owner name: COMPANY. BY: PIONEER 1031 COMPANY, ITS: SOLE MEMBER Phone: 208-373-3731 Owner address: 1414W. BANNOCK City: BOISE Email: CANDY@PIONEER1031.COM State: ID Zip: 83702 Agent/Contact name (e.g., architect, engineer, developer, representative): LOREN BROYLES Firmname: CSHQA Agent address: 200 BROAD STREET Phone: 208-429-4046 Email: LOREN.BROYLES@CSHQA.COM City: BOISE State: ID Zip: 83702 Primary contact is: ❑ Applicant ❑ Owner ® Agent/Contact Subject Property Information Location/street address:1410 W. MCMILLAN Assessor's parcel number(s): 81527270020 Township, range, section: 4N1 W25 Total acreage: 1.099 Zoning district: C_G Community Development ■ Planning. Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 w vw.meridiancity.org/planning -t- (Rev. 0611212014) Project/subdivision name: COMMERCIAL SOUTHWEST SUB NO. 01 General description of proposed project/request: 1) REQUEST FOR LANDSCAPE BUFFER WIDTH REDUCTION 2) REQUEST CHANGE OF MATERIAL / COLOR REQUIREMENT FOR FUEL CANOPY Proposed zoning district(s): C -G Acres of each zone proposed: 1.099 Type of use proposed (check all that apply): ❑ Residential ❑ Office ® Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? PARAMOUNT HOMEOWNERS ASSOC. Which irrigation district does this property lie within? SETTLERS Primary irrigation source: SURFACE WATER (SETTLERS) Secondary: GROUND WATER (WELL) Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 5,002 Residential Project Summary (if applicable) 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): 4 or more bedrooms: Maximum building height: _ Average property size (s.f ): Net density (Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11-3G-313): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) Number of building lots: ❑ Single-family Attached ❑ Townhouse ❑ Other Common lots: 0 Other lots: 0 Gross floor area proposed: 5,490 Existing (if applicable): N/A Hours of operation (days and hours): 7/24 STORE 7/6am-11 pm RESTAURANTBuilding height: 28`4" Total number of parking spaces provided: 17 Authorization Print applicant name: Applicant signature: _ BROYLES Number of compact spaces provided: o Date: 10 Community Development a Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/nlanning -2- (Rev. 06/12/20/4) CSHO4 200 Broad St. • Boise, ID 83702 O: (208) 343-4635 F: (208) 343-1858 October 12, 2015 Planning Department City of Meridian 33 East Broadway Avenue, Suite 210 Meridian, Idaho 83642 Re: Stinker Store 1410 West McMillan Road Project No. 15148.000/ Relevant file Number(s): CUP -15-016 City Council Review for Reduced Landscape Buffer and Fuel Canopy Branding To Whom It May Concern: We are requesting a reduction in the 25 -foot wide landscape buffer required to be provided adjacent to the residential uses to the north of the property as set forth in UDC Table 11-28-3 in accord with the standards listed in UDC 11-38-9C. Due to size of property constraints we are proposing the landscape buffer be reduced from a required width of 25 feet to a width ranging from 7 to 11 feet between the drive-through driveway and the road between the proposed development and the townhome complex to the north. We are also proposing a 6 -foot tall CMU sound and screen wall to be located in the landscape buffer. Written testimony in support of our request for a reduced buffer width was submitted to the City during our request for CUP -15-016 by a managing member of the townhome complex (Linder Springs), which is the affected party to the north. We are also asking be relieved of the requirement to have the fuel canopy incorporate materials and colors consistent with the convenience store/restaurant. The proposed canopy, which is finished with aluminum composite panels faced with Sinclair graphics is designed per Sinclair Fuel's branding and imaging requirements and is a recognized element used by the company to brand and identify themselves to their customers. Thankyou for your consideration of our requests. Please contact us immediately if you have any questions or require any additional information. Sincerely, CSHQA Loren Broyles LB:aj people who listen —design that speaks www.cshqa.com EEO WNN.W[) s bWd EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 The applicant shall comply with all previous conditions of approval associated with this site including the provisions in the development agreement recorded as Instrument No. 103137116 and the amended agreement recorded as Instrument No. 107145935. 1.2 The site and landscape plans included in Exhibits A.2 and A3 shall be revised as follows: a. Include a detail of the bicycle rack that complies with the standards listed in UDC 11 -3C -5C. The bicycle rack should be located as close as possible to the building entrance. b. Include a detail of the trash enclosure; materials and colors should be consistent with the primary structure. c. Include a detail of the 6 -foot tall CMU sound and screen wall proposed on the north side of the drive-through window and on the east side of the drive-through lane. d. A 25 -foot wide landscape buffer is required to be provided adjacent to the residential uses to the north as set forth in UDC Table 11-213-3 in accord with the standards listed in UDC 11- 3B -9C; unless otherwise approved by City Council at a public hearing with notice to surrounding property owners through submittal and approval of a City Council Review application. 1.3 Business hours of operation for the drive-through establishment are limited to those hours between 6 am and 11 pm as set forth in UDC 11 -2B -3A.4 for the C -G zoning district. The convenience store/restaurant and fuel facility is allowed to operate 24 hours a day, 7 days a week as approved with the subject conditional use permit. 1.4 Outdoor lighting is required on the north side of the building for the drive-through in accord with the outdoor lighting standards listed in UDC 11-3A-11 for security purposes. Lighting should be shielded away from the adjacent residential property to the north and shall not encroach on the residential property. 1.5 Future structures built on the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual or any updates thereof that are in effect at the time of Certificate of Zoning Compliance review. The UDC (11-3A-19) does not allow prefabricated steel panels as a primary finish material; the front elevation of the convenience store/restaurant shall be revised accordingly. _ The fuel canopy shall incorporate materials and colors consistent with the convenience store/restaurant and should not exceed 20 feet in height in accord with UDC 11-4-3-20. 1.6 Development of this site shall comply with the specific use standards listed in the UDC for fuel sales facilities (11-4-3-20) and drive-through establishments (11-4-3-11). 1.7 The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division prior to submittal of a building permit application. The site and building design shall substantially comply with the site plan, landscape plan and elevations shown in Exhibit A, the conditions of approval in this report and the design standards in effect at the time of application submittal. 1.8 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11 -5B -6F. Stinker Station at Paramount Commercial CUP -15-016 PAGE 13 EADAOUNTY RECORDER Christopher D. Rich 2015-033944 IDAHO Pgs=4 LISA BATT 04/2412015 08:59 AM NE BOISE $1900 After recording, return to: #250 Pioneer Exchange Accommodation Title Holder, LLC 300 N. Orchard Street Boise, Idaho 03709 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, do 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 and assigns. EXECUTED TO BE EFFECTIVE AS OF THE 017- DAY OF April, 2015. BRIGHTON INVESTMENTS LLC an Idaho li a liabilit ompany By: David . Turnbull, Man ing Member STATE OF IDAHO )ss COUNTY OF ADA ) k On this;z* 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. REBECCA {I. s-aANKSS h u n No ry Pub Idaho ` My commission expiresSTKII E, OF 11111VIO! SPECIAL WARRANTY DEED — Page 1 EXHIBIT B 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 2.4, 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 04/24/2015 as Instrument No. im s.nivnda , records of Ada County, Idaho. Easements, reservations, restrictions, and dedications as shown on the official plat of Commercial Southwest Subdivision No, 1, recorded July 3, 2008, as Instrument No. 108077075, records of Ada County, Idaho. Exhibit B c (/1 N 0 �s 0-1 E2� U L = `o-AaU 1 +13 Lr Tr y1 f ERa oa U > C N 0 ot NE `o E E 0 N Uyn U o cE c� 3@ tc N C- cc O C p U EomM�p 1 00 ON of a I r f { I E E (T TT �1 t 4 ��- — ALM anoJODUad N -- 5ft lu » A Irii5C9461¢AALI. lV� yI NOII�IINLSNO] a � 3 � a � & a LU GGA AntlNIWn3ad "„"'�'•, ol`NVI(tPI3W "au NV7'III-1 w 'A1 Owl sHxoss HIMMULs �= 111 I I J) O W zLLJ z I W H CcQ N f I I uj z , Zfr . frWLL ELU' �µ 95 __� iii 0 UZ z U n Xa; W �!00"p l G� all IIpt►��--66 v U =I ww I �I!I 1=0 -D—Oa11 ONe k. is s„ § c=u .11 r i d I �♦ A I e`a 7e a l of c�4 E � z zcr_LU WU 1 CD z I Who I j I M. RK a_ '�"S• '� F U U n J C7 he Y$ U aa Whe p s 3 fg ¢ O H 01 2 U ¢ m o o o, a o �d� 3 =8994 8d a § co dos AF #i ¢�. I €�3 ,� 111 I I J) O W zLLJ z I W H CcQ N f I I uj z , Zfr . frWLL ELU' �µ 95 __� iii 0 UZ z U n Xa; W �!00"p l G� all IIpt►��--66 v U =I ww I �I!I 1=0 -D—Oa11 ONe k. is s„ § c=u .11 r i d I �♦ A I e`a 7e a l of c�4 E � z zcr_LU WU 1 CD z I Who I j I M. RK __. e_NouonNIGN%31101S a3" S / ! j \a((!:ph!\ ®®¥;ƒ\K}; (/ }( y Ia,m\& ly(k5 ,&_ : iƒq( S! Doi 1 7 ) ! ` . , 1 1u « ^� 0 d/\\) i ! | , G . . � / ! j \a((!:ph!\ ®®¥;ƒ\K}; (/ }( y Ia,m\& ly(k5 ,&_ : iƒq( S! Doi 1 +: $ w 1NORTH (FRONT) ELEVATION SCALE NTS 2 WEST (LEFT) ELEVATION SCALE: NTS o A 4 J 0 N W Z Z _" - LIMLT RRVRE TSP. Nrc E 3tyGy.9sEg m A i�Y€E�o3 Y&w4�K�KM �.9viY3�e 3 EAST (RIGHT) ELEVATION SCALE NTS THRU wwomv 4SOUTH (REAR) ELEVATION SCALE NTS RUAE, UP, BE1 D SCHEDULE OF EXTERIOR MATERIALS AND FINISHES O SCYNIHETIG STU GGO OLO R`9W `SANDY RIDGE" OsmrHBnc Srucco coLorc sw zsa �oowwNG sANo^ O4WMINIIM LOMPo3rtE PAN EL GO LOR'. "MED BRONZE" OSTONEVENEER COLOR'. RDSlICLED.E OMETAL COPING AND RAGGING COLOR'. TO MATCH EW ]BZ]'DOWNING SAND" OMETAL COPINGANDELASHING COLOR TO MATCH "MED. BRONZE' OMETAL COPING AND RAGGING COILORTO MATCH SW"SANDY RIDGE" OALUMINUM STCREERONT WINDOW/ DOOR SYSTEM COLOR'. CLEAR ANODIZED ALUMINUM r Z 0 4 F Z 0 U � J 0 N W Z Z O a � Nrc E 3tyGy.9sEg m A i�Y€E�o3 Y&w4�K�KM �.9viY3�e a6L�nwRce w93d£YEu� .m O ua8ma mmX� Y A � 1..1 — z ell A a TT^^ 5W V1 F WA a TO za Vx Vl H rRCAR IT uATE 15145 10-5-15 DRAWN CHECNEO REM"D SHEEP TIRE BUILDING ELEVATIONS snee ELEV OPNtlNAL �,. z... sa. m M W p r a+ O Z 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. Applicant/agent signature Date Community Development.a Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/planning