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ApplicationHearing Date: May 23 2017 File No.: H-2017-0059 Project Name: Gyro Shack at Paramount Request: Request for council review to reduce the required 25 foot landscape buffer on the east property boundary, by Jeff Likes. Location: The site is located at 5038 N. Linder Road, in the SW 'A of Section 25, Township 4N., Range 1 W. Planning Division COUNCIL REVIEW Application Checklist Project name: �u" S 64-- //-_ kcal, File #: Applicant/agent: je4x L`�S All applications are required to contain one copy of the following: Applicant Description Staff Completed and signed Development Review Application Recorded warranty deed for the subject property Narrative fully describing the proposed request, including but not limited to the following: ➢ Address who the affected party is and how they are affected ➢ Describe the decision that is requested to be reviewed by City Council ➢ Include file numbers of any and all applications that are relevant to this request ➢ Any information that supports this request Scaled vicinity map showing the location of the subject property Commitment of Property Posting form signed by theapplicant/agent Fee All requests for City Council review of the Director's decision or Commission action must be filed within 15 days of the date of the letter issued by the Administrator of the decision. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILL A P UBLIC HEARING BE SET) UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 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 (03/1812016) C��fIER� Planning Division DEVELOPMENT REVIEW APPLICATION pale `7 STAFF USE ONLY: // Project name: rN ry `��ack a � File number(s): 6-'7-011-- 6669 Assigned Planner: �Jn s� 13CA"G. Related files: 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 W 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: ALC Architecture Phone: 2 08 . 514.2 713 Applicant address: 1119 E. State St. #120 Email: Jeff@ALCArchitecture.com City: Eagle State: ID Zip: 83616 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned n Other Architect Ownername: Heartwood Properties LLC Phone: Owner address: 14150 N. City: Boise Broken Horn Email: State: ID Zip: 83714 Agent/Contact name (e.g., architect, engineer, developer, representative): Jeff Likes Firmname: ALC Architecture Phone: 208.514.2713 Agent address: 1119 E. State St. #120 City: Eagle Primary contact is: ❑ Applicant ❑ Owner K] Agent/Contact Email: Jeff@ALCArchitecture.com State: I D Zip: 83616 Subject Property Information Location/streetaddress: 5038 N. Linder Road Township, range, section:T-4N, R -1W, S-25 (SW1/4) Assessor's parcel number(s).. R 15 2 7 2 9 0 0 4 0 Total acreage: 0. 4 9 3 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 www.meridiancitv.orelylanning -1- (Rev. 06/12/2014) Project/subdivision name: Commercial Southwest Sub No 02, Block 2, Lot 4 General description of proposed project/request: New Gyro Shack Restaurant Proposed zoning district(s): C -G Acres of each zone proposed. 0 .4 9 3 Type of use proposed (check all that apply): ❑ Residential ❑ Office E Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development?. Which irrigation district does this property lie within? Primary irrigation source: Secondary. Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) 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: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-1A-1): 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 -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: Existing (if applicable): Building height: Number of compact spaces provided: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.or¢/planning -2- (Rev. 06/12/2014) 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 Simplifile Elect tunic Recording I IIIIII IIII IIIII IIIIII IIIIII III I II IIIIIII IIIII III IIIII IIII IN Investments, LLC RECORDED -REQUEST OF 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 200,`,Boise, ldaho, 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 - I IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this Z`K` day of '2014. STATE OF IDAHO S& GRANTOR: BRIGHTON DEVELOPMENT INC., an Idahoc poration By: David W. urnbull, Presi t 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 corporatjqn �x @d the same. 1-1.._.. n. 1�11/lil �" k -U AMANDA K. SCHAUS Notary blic for Idaho NOTAW(PUBLIC My Commission expires �� `�. l 7 STATE O IDAHO GENERAL WARRANTY DEED - 2 --- -111. .,- ,,- ..vr.,7, , --Z-c-;i.� ,...^-�� v,rr-sr--,,_.-11111111-10,,,,__., , „lI1, '7--.11.,.71 �..r-1r,,,..,,, �t�r,.._,,, „ „V,„ . .'r, �r,I, .. - April 24, 2017 ollaborative St., Suite 120 - Eagle, ID 83616 208.514.2713 Meridian City Planning and Zoning C/O: Planning and Zoning Re: Gyro Shack - Linder To Whom It May Concern: Pursuant to our Council Review application for a Gyro Shack building and drive thru located at 5308 N. Linder Road. The proposed review request is concerning the Planning & Zoning Commission Staff Report issued April 6, 2017. Item 10 - Exhibits, Chapter B - Conditions of Approval, Verse 1 - Planning Department, Line Item 1.3, Subset b. states "A 25 foot wide landscape buffer to adjoining residential uses is required along the east side of the site along the backage road adjacent to the apartments in Linder Springs." We are providing a 6'-0" and a 17'-3" landscape area at 19'-0" and 84'-0" offset, respectively. The adjoining residential apartments already have a full length fence in place, facing the backage road referenced in the report. The previous adjacent developments were also not required to provide the landscape buffer as mentioned. We appreciate your approval of our Council Review application. Should you have any questions or concerns regarding this project please don't hesitate to contact? We thank you for your time and consideration. Thank you, 7 >/, Jeff Likes- President ALC Architecture jeffPalcarchitecture.com 208.514.2713 �^ � 0 � 0 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. N4# �Z' - 1-{-2 4 -1-/ Applicant/agent signature Date Community Development v Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci„ .org_/planning