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ApplicationHearing Date: April 6, 2017 File No.: H-2017-0028 Project Name: Gyro Shack at Paramount Request: Request for a conditional use permit for a drive-through establishment within 300 feet of another drive-thru establishment, by Jeff Likes. Location: The site is located at 5038 N. Linder Road, in the SW 1/4 of Section 25, Township 4N., Range 1W. fIENtN,-- Type of Review Requested Hearing Applicant Information Applicamname: JEFF LIKES, ALC ARCHITECTURE Applicant address: 1119 E. STATE #120 Ownername: BRIGHTIN DEVELOPMENT, INC Owner address: 12601 W. EXPLORER DRIVE Agent name (e.g. architect, engineer, developer, representative): Firm name: ALC ARCHITECTURE Address: 325 E. SHORE DR. #110 Contactname: JEFF LIKES Contact address: 325 E. SHORE DR. #110 Subject Property Information Location/street address: 5038 N LINDER RD Assessor's parcel number(s): R1527290040 Township, range, section: Project Description Planning Division HEARING APPLICATION File number: H-2017-0028 Assigned Planner: Jas )5-0" Related Files: Phone: zip: 83616 Email: jeff@alcarchitecture.com Phone: zip: 83713 Email: JEFF LIKES Project/Application Name: Gyro Shack at Paramount- CUP Description of work: New drive thru with sit down seats Fax: Phone: Fax: zip: 83616 Email: jeff@alcarchitecture.com Phone: Fax: Zip: 83616 Email: jeff@alcarchitecture.com 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 1 Application Information APPLICATION TYPES Conditional Use Permit - CUP: CHECKED PROPERTY INFORMATION General Location: Linder and McMillan Current Land Use: C -G Total Acreage: .493 ZONING DISTRICT(S) _ C -G: CHECKED TYPE OF USE PROPOSED Commercial: _ CHECKED QUALIFYING SITE AMENITIES Picnic Area: CHECKED 33 E Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208)884-5533 • Facsimile: (208) 888-6854 • Website: www.meridaincity.org 2 February 27, 2017 ollaborative St., Saute 120 - Eag'e, ID 83616 203.514.2713 Meridian City Planning and Zoning C/O: Conditional Use Re: New Drive Thru To Whom It May Concern: Pursuant to our Conditional Use application for a new drive thru lane located at the 5038 N. Linder, The Gyro Shack respectfully request approval to construct a new drive restaurant with associated drive thru lane. The proposed project is located on the East side of Linder, north of McMillan, in a C -G zoning district. Currently the site is bare land. We are proposing the drive thru be on the east side of the property and screened by the building. Along with the parking. Please note that during our required neighborhood meeting, there was no opposition from any neighbor. We appreciate your approval of our conditional use application. And we look forward to helping Boise revitalize a vacant building in this beautiful city. Should you have any questions or concerns regarding this project please don't hesitate to contact me. We thank you for your time and consideration. Thank you, Jeff Likes- President ALC Architecture Jeff@alcarchitecture.com 208.514.2713 1 ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 07/09/2014 03:56 PM When recorded, please return to: DEPUTY Lisa Batt SunpOR ERecording I (VIII VIII VIII IIIIII IIIIII VIII III IIIIIII VIII III VIII IIII IIII Brighton Investments, LLC RECORDED -REQUEST OF I 12601 W Explorer Drive, Suite 200 TITLEONE BOISE 114054394 Boise, ID 83713 Attn: Legal GENERAL WARRANTY DEED (Paramount Marketplace Lots) FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, BRIGHTON DEVELOPMENT INC., an Idaho corporation ("Grantor"), whose address is 12601 W. Explorer Drive, Suite 20 Idaho, i 83713, does hereby grant, bargain, sell, and convey unto BRIGHTON INVESTMENTS, :LLC, an Idaho limited liability company ("Grantee"), whose address is 12601 W. Explorer Drive,.Suite 200, Boise, Idaho, 83713, all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described as follows: Lots 1, 2 and 4 in Block 2 of Commercial Southwest Subdivision No. 2, according to the official plat thereof, filed in Book 105 of Plats at Page(s) 14310 and 14311, official records of Ada County, Idaho ("Premises"). TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever, together with all water and water rights, ditch or irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the Premises, as well in law as in equity. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. [end of text] GENERAL WARRANTY DEED -1 IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this Z_R^ day of _'2014. GRANTOR: BRIGHTONDEVELOPMENTan .. . c. •.. . J. • W. turn66ddnt STATE OF IDAHO ) ss. County of Ada On this day of in the year of 2014, before me the undersigned notary public, person y app red David W. Turnbull, known or identified to me to be the President of BRIGHTON DEVELOPMENT INC., an Idaho corporation, the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that the corporat' n x d the same. AMANDA I�.-SCHAUS Notary blic for Idaho NUTAW(PUBLIC My Commission expires �� . ( 7 STATE O'F IDAHO GENERAL WARRANTY DEED - 2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA David W. Turnbull, on behalf of I Brighton Investments LLC (name) 12601 W Explorer Drive, Suite 200 (address) Boise Idaho (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: Heartwood Properties LLC 14150 N. Broken Horn, Boise Idaho 83714 (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. I 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 22 nd day of February 2017 Kllrl -/ 11171� ( ignature) SUBSCRIBED AND SWORN to before me the day an year first abo e written. AMANDA MCCURRY (Notary Public for Idaho) NOTARY PUBLIC Residing at: Star, Idaho STATE OF IDAHO My Commission Expires: 4/15/2017 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6678 • Website: www.meridiancity.org 1 CITY OF AHRIDIAN PRE-APPLICATI0N MEETING NOTES Project/SubdNision Name: CY?w QA� Date: -3 --1--17 City Staff: x,11 r -,oil,' S—A n•�w.�, , b , pe y y Location: o3 ,,J,Z;.k r t RL Size of Property: 0•A113 Comprehensive Plan FLUM Designation: (o�+G Design Guidelines Development Context: ❑ Urban ❑Urban/Suburban ❑ Suburban ❑ Rural Existing Use: JQCo Existing Zoning: C -6-r Proposed Use: Ctawrbllkw ate✓ Proposed Zoning: 0- Surrounding Surrounding Uses: N i' c.&, .z Street Buffer(s) and/or Land Use Buffer(s): 5 C.�r1 bwP 1 atvw, L. Open Space/Amenities/Pathways: Access/Stub Streets/Street System: .Atc*U 40 W. Dom' ata Ote-f Sewer & Water Service: — Waterways/ Floodplain/Topography/Hazards: - History: Additional Meeting Notes: 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 and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- �6178 or Chrlsty Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. J Other Agencies/Departments to Contact: M'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 ❑ Conditional Use Permit Mod ification/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 [J 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 andlor application. This pre -application meeting shall be valid for four (4) months. Ilaborative Suite 120 - Eage, 0 63G1G ?03.614.2713 Neighborhood meeting sign in sheet: RE: 5038 N. Linder Road, Meridian, Idaho Date: March 6, 2017 6:00 P.M. Name: Address: Address: 5038 N LINDER RD, MERIDIAN, ID 83646 Reset i Cancel Help Parcel Detail District Parcel # * Parcel Status Primary R1527290040 Enabled V Yes V Lot Block Subdivision 4 22 COMMERCIAL SOUTHWEST SUB NO 02 V ! \ { \ § &uj < Q- /a | �u§| (! ) § 8o §\ \ § ;nu !§;| ` ( / (\ , § // �.0 3633300 S SSSS | 9/qlejoqello NDVHS O"dAD Dull Eq IMMINMEM ILI loolsoll • WE C-4 000 (09 nv 13 IV .1 1ua W ts lu IMMINMEM ILI loolsoll WE nv 13 IV .1 1ua W lu 2a, ILI WE nv 13 IV .1 1ua W lu 2a, r. g ER A N ER I I Ar H u ,|. d § §! m � A � 0 §| \| d § §! m � A � 0