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
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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