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ApplicationHearing Date: March 3, 2016 File No.: H-2016-0012 Project Name: Gyro Shack at Fairview Lakes - CUP Request: Conditional use permit for a drive-thru establishment within 300 feet of a residential district and residence on 4.8 acres of land in the C -G zoning district, by Fairview Lakes, LLC. Location: The site is located at 1050 E. Fairview Ave., in the southeast '/a of Section 6, Township 3N., Range IE. �ER� STAFF USE ONLl!Y. &L /O C/ �� P.ojectname:_V /2-- File File number(s):_, Assigned Planner: Type of Review Requested (,beck all that ❑ Accessory Use ❑ Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ City Council Review ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment 2(Conditional Use Permit *Conditional Use Modification erect /Commission (circle one) evelopment Agreement Modification ❑ Final Plat ❑ Final Plat Modification ECEIVE JAN 2 6 2016 Planning Division DEVELOPMENTREVIEW APPLICATION lcelated les: �o fi1 OL 31 ❑ 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 Appu.a..............---- - Phone:11Vv� f f Applicant name: Email: ra GYl Applicant addre Zip.� 7_ 1 Ste: City: {Own Applicant's interest in property: pl C] Rent ❑ Optioned ❑ Other 7Z, Z1 1 P/hone: o pW(U Owner name: /_A L �G�sIUI^�GN1`%%'C�h'I Email: i i ` � I j�Fq Owner address: "- %ll A�21 I Dr - �► ��iC 7 Zip:— 1�e W — State: JC City: ..,. architect, engineer, developer, representative): Agent/Contact name (eg 5 Phone: Firm name: Email: Agent address: State: Z1P; City: Primary contact is: XApplicant Jk Owner ❑ Agent/Contact Primary Subject Property I3formation rr 50 addressjo r ✓i ZW %lVL'. Township, range, section: Location street KI ti ( GJczk> Total acreage:: Zoning district: Assessor's parcel number(s): Community Development m Planning Division m 33 E. Broadway Avenue, Ste, 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888.6854 www meridiancity ora/Dlannine (Rim'.0611212014) -1- Projectisubdivision name: General description of proposed project/request: —( U '", t'r' i FBF- -� 1 r-uvvj - u f_009 �Ac1&11){ With DfzillV- UP w1f3pow Proposed zoningdistrict(s): X(�3TG C-6 Acres of each zone proposed: Type of use proposed (check all that. apply): ❑ Residential ❑ Office XCommercial ❑ Employment ❑ Industrial ❑ Other (,t Who will own & maintain the pressurized irrigation system in this development? hM PA Irt��/ PZA Which irrigation district does this property lie within? N A MA to P- IPht nl Primary irrigation source: N AM PF) IMER II%//i AJ Secondary: mgo R -AN C I 1 1 Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 2, 5-&00')r' Residential Project Summary (if applicable) NL t ff Cu Lii?i-f- Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC ll -IA -1): Acreage of qualified open space: 4 or more bedrooms: Maximum building height: _ Average property size (s.f): Net density (Per UDC ll -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 ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Pru Number of building lots: (fit Gross floor area proposed: 1O�O4/, Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: _ ❑ Single-family Attached ❑ Townhouse ❑ Other Common lots: Other lots: 1 • Existing (if applicable): APK Building height: (0 Number of compact spaces provided: Date: Community Development a Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www meridianciri or"lannine -2- (Rev. 0 611 212 0 1 4) January 22, 2016 Community Development Planning Division City of Meridian 33 E. Broadway, Ste. 102 Meridian, Idaho 83642 RE: Gyro Shack Fairview Lakes Meridian, Idaho In regards to the above referenced shopping center, Fairview Lakes LLC is requesting approval of a drive up window. The proposed facility will be located between Smoky Mountain Pizza and Enterprise Car Rental on Fairview Avenue in the Fairview Lakes shopping center.The proposed facility will consist of a 400 square feet eating facility with a drive up window. Dining seating will be provided on an outdoor patio. Please contact me if you need any additional information. DouATura Fairview Lakes LLC Legal Description: Devon Park Subdivision No. 1 Blk 3 Lot 3 NORTH RETAILA1�ENVE c it i I/pO.WT x00.10' �o a~ 'w4 1 I i I I ��S >AM I I I LandAmerica Transnation Escrow No. T02-01027 rnA ivu, WARRANTY DEED r. uc FOR VALUE RECEIVED WILLIAM KENDALL CURTIS and HELEN CQRTIS, husband and wife, as to 1/3 interest, MIRIAM ELIZABETH BARR, a single person as to 1/3 interest, and MARGUERITE JANE SCOTT, a single parson as to 1/3 interest GRANTOR(s), does(do) hereby GRANT, )3ARGAIN, SELL AND CONVEY unto: Fairview Lakea, LLC GRANTEES(s), whose current address is: 111 Auto Drive, Suite 102 , Boise, ID 83709 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED (Continued) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever, And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantors) is/are the owner(s) in fee simple of said premises; that said premises are frce Brom all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, casements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: December 6, 2002 O William K. Curtis Miriam �Eliizabeth Harr tr�ck Notary t/AL cknnowledgme✓n"t — sec page 2 Helen Curtin margarg_t3arite Jane Scott ... rnA nv, r, u3 04NTY DEED - NOTARY ACM-"WLEDGMENT(S): state of Idaho, County of Ada, as. On this day of December in the year of 2002, before me, the undersigned, a Notary Public in and for said State, personally appea d William Kendall Curtis, Helen Curtis and /;/i %%A/i'r� be��. ��, r r known or identified to me to be the person(s) whose name() islare subscribed to the within Instrument, and acknowledged to me that he/she/they executed the same. Debbie Andrews a v �CTAR} Residing at Boise, Idaho My commission expires: 10/14/03 a AUB4�6 state of Idaho, County of Ada, as. on this day of December in the year of 2002, before me, the undersigned, a Notary Public In and for said State, personally appeared William Kendall Curtis known or Identified to me to be the person(s) whose names(s) islare subscribed to the within Instrument, as the attorney in fact of Margarguerite Jane Scott thereto a principal, and his/her own name as attorney in fact. ebbie Andrews ; (PIUS%:6 >i~� Residing at: Boise, Idaho 4l3tit My commission expires: 10114/03 The Southwest quarter of the Southeast quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, EXCEPT that property described in Deed recorded in Book 131 of Deeds at Page 56, records of Ada County, Idaho. AND ALSO EXCEPTING that portion conveyed to the State of Idaho by Warranty Deed recorded July 20, 1955 as Instrument No. 380284, records of Ada County, Idaho, AND ALSO EXCEPTING that portion Conveyed to the ADA COUNTY HIGHWAY DISTRICT by Warranty Deed recorded October 31, 2002 as Instrument No, 102127142, records of Ada County, Idaho. AND INCLUDING the following real property; Commencing at the Southeast corner of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho aad running North 890281061' West 1153.31 feet (formerly described as North 89037' West 1153.68 feet and as North 89059' West 1152.80 feet) along the Southerly boundary of said Section 6 to a point which bears South 89028106" East 167,20 feet from the Southwest corner of the Southeast quarter of the Southeast quarter of said Section 6, said point also being on the extended Westerly boundary of Doris Subdivision as shown on the official plat thereof on file in the Office of the Ada County Recorder in Book 16 of Plats at Page 1080; thence continuing North 89028'06" West 423.72 feet along the Southerly boundary of said section 6 to a point which bears South 89028'06" East 1063.99 feet from the Southwest corner of the Southeast quarter of said Section 6; thence continuing North 0923120" East 18.15 feet to a point on the centerline of Fairview Avenue (U. S. Highway No. 30); thence continuing North 0023'201, East 50.0"0 feet" -to a point on the Northerly right-of-way line of said Fairview Avenue (U. S. Highway No. 30), said point being the REAL POINT OF BEGINNING; thence continuing North 0023120" East 461.30 feet to a point; thence North 8903614011 West 406.56 feet to a point, thence North 0023120" East 777.48 feet to a point on the Northerly boundary of the North half of the Southeast quarter of said Section 6; thence South 89053108" East 8,3'0 feet along the Northerly boundary of the North half of the Southeast quarter of said Section 6; thence South 0023'27" West 770.44 feet to a point; thence South 89005'22" East 403.73 feet to a point; thence South 0011'07" West 463.25 feet to a point; thence South 78045139" West 7,22 feet to the POINT OF BEGINNING. EXCEPT ditch and road rights of way, AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA tvI�t' (name) , I r%AHo 3y mss) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: rA 112t0� A�� /- , (I-1 !!�Jw M ArziA 07= (name) (address) pbt,�&, Q 37/Z - to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said app] ication(s). Dated this Z-1 day SUBSCRIBED AND SWORN to before me the day and year first above written. 401'; IJH..Y.'0'1 1 z tiP.D.tL G d_ NOp ��(Notary Public for Idaho) 14 ref _ G Resi 'gat: S.�.. 0.0 •�,, My Commission Expires: .Qf IDAHO -..d.. Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancirv.ore/olannim CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Devon Park - Gyro Kiosk Date: 1/8/16 Applicant(s)/Contact(s): Doug Tamura ❑ Rezone City Staff: Sonya Bill Perry Rick Steve Bill ❑ Ada County Highway Dist. (ACHD) Location: 1020 E. Fairview Ave. Size of Property:1 acre Comprehensive Plan FLUM Designation: MU -C Public Works Department Design Guidelines Development Context: ❑ Urban X Urban/Suburban ❑ Suburban ❑ Rural Existing Use: vacant/undeveloped Existing Zoning: CC=G Proposed Use: drive-thru restaurant Proposed Zoning: NA Surrounding Uses: Commercial (vacant land, restaurant, carwash) Police Department Street Buffer(s) and/or Land Use Buffer(s): street buffer already exists along Fairview Parks Department Open Space/Amenities/Pathways: NA ❑ Access/Stub Streets/Street System: Direct access via Fairview is prohibited ❑ Waterways/ Floodplain/Topography/Hazards: NA CUP -03-054' History: AZ -02-011: PP -02-034: CUP -02-014• FP -03-033 (Lot 3, Blk 3 Devon Park Sub 1)• CUP -03-014 w?-ota-owl Additional Meeting Notes: cuP-oLt-OOA • Comply with existing development agreement provisions (DA#102143306) • Modify the conceptual site plan approved with CUP -03-014 (submit copy of approved plan with application) • A CUP is required for a drive-thru establishment within 300' of a residential district/use • Comply with specific use standards listed in UDC 114-3-29 for Drive -Through Establishments • Comply with the parking standards listed in UDC 11-3C-5 and associated landscaping requirements in UDC 11 -3B -8C • Comply with design standards listed in UDC 11-3A-19 and the Meridian Design Manual (and any updated provisions thereof) Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments andlor conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 38 7- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Administrative Design Review X Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review X Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension -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 Neighborhood Meeting Notice January 15, 2016 RE: Giro Shack The City of Meridian requires a neighborhood meeting prior to submittal of future development. Fairview Lakes LLC is requesting approval for the addition of a 400 square feet Giro Shack with a drive up window located between Smoky Mountain Pizza and Enterprise Car Rental in the Fairview Lakes development. The meeting will be held in the Enterprise Car Rental parking lot at 5:00 p.m. on Wednesday January 20, 2016. If you will not be able to attend, please contact Doug Tamura at (208)-721-2151 or doughtamura@msn.com for any additional comments or concerns. Doug Tamura Grace @ Fairview Lakes LLC Giro Neighborhood Meeting Sign Up Sheet Name: Address: `00 G7 fZ•11 C v � fVO-, IvGV F VIN Ift AVe 1/25/16 Address Verification: Gyro Shack Address: 1050 E FAIRVIEW AVE, MERIDIAN, ID 83642 Save Reset Cancel Help Parcel Detail District Parcel a * Parcel Status • Primary R181965OD60 Enabled v Yes v Lot Block Subdivision 3 01 DEVON PARK SUB NO 01 Terri Ricks Addressing Specialist City of Meridian Land Development 208-887-2211 tricks@meridiancity.org COMNUTMENT 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. signature Dae Community Development . Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 +ww.mendomcitv.ora/plannm 4aMISSS OHV01'NVl(RGV4 M31AH[Vzl '3 086 �I� b "tee,. �, a I vvw vi �noa = ® MN30 ONIddOHS SUVl M31AUIVJ L� � 5'0 4pMm,,, f ^b. • - ', ® r 13Vld SIAM HidON o 0 13Vld SIAM HidON .-) III U 30) N: 35' MAX. C.Ni WA S F iroF S-ej plan m