Application(::irE I DI AN>--
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener 'Genesis Milam
Ty Palmer Anne Little Roberts
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To ensure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: C.Jay Coles, City Clerk, by: October 27, 2017
Transmittal Date: October 4, 2017 File No.: H-2017-0134 CUP
Hearing Date: November 2, 2017
Request: Public Hearing Request for a Conditional Use Permit for a Drive -Through
Establishment on 0.56 of an Acre of Land in the C -G Zoning District Within 300 Feet of Another
Drive -Through Establishment and Residential Uses For Johnny Bronx.
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
By: Matt Brown
Project Desciption 4970 N. Linder Rd
Ryan Fitzgerald (No FP)
Meridian School District
Gregory Wilson (No FP)
Meridian Post Office
Steven Yearsley (No FP)
Ada County Highway District
Treg Bernt (No FP)
Ada County Development Services
Rhonda McCarvel (No FP)
Central District Health
Bill Cassinelli (No FP)
COMPASS
Jessica Perreault (No FP)
Nampa Meridian Irrig. District
Tammy de Weerd, Mayor
Settlers Irrig. District
City Council
Idaho Power Company
Sanitary Services
Qwest
Building Department
Intermountain Gas Co.
Fire Department
Idaho Transportation Dept.
Police Department
Ada County Ass. Land Records
City Attorney
Downtown Projects:
City Public Works
Meridian Development Corp.
City Planner
Historical Preservation Comm.
Parks Department
South of RR / SW Meridian:
Economic Dev.
NW Pipeline
New York Irrigation District
Boise -Kung Irrigation District
Boise Project Board of Control/Tim Page
City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
Hearing Date: November 2, 2017
File No.: H-2017-0134
Project Name: Johnny Bronx
Request: Request for conditional use permit for a drive-through establishment on 0.56 of an acre of
land in the C-G zoning district within 300 feet of another drive-through
establishment and residential uses, by Matt Brown .
Location: The site is located at 4970 N. Linder Rd., in the SW ¼ of Section 25, Township 4N.,
Range 1W.
IDIAM-.
ILllAtiO
Planning Division
DEVELOPMENT REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
D Alternative Compliance
❑ Private Street
13 Annexation and Zoning
❑ Property Boundary Adjustment
WCertiCicate of Zoning Compliance
❑ Rezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
0 Time Extension:
O Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
Ilil'Conditional Use Permit
11 UDC Text Amendment
❑ Conditional Use Modification
O Vacation:
Director/Commission (circle one)
Director/ Council (circle one)
❑ Development Agreement Modification
❑ Variance
O Final Plat
Other
❑ Final Plat Modification
t
Applicant name: IN(Anrr #�MW6 Phone:
Applicant address: pfOe4ucalz Dr, Email:. MRTrh Brytor) 2 Qq{Mat I -zo-N
City: O&D 10 1 flr i t State: Zip: _24&4b
Applicant's interest in property: ❑ Own IrRent ❑ Optioned Cl Other
Owner name: 16'1+1-Dr+s trOf F4DeA l oa Phone:
Omer address: J ?=WL ter t r rile. 5 14V Email: _
City:
State: ;T;4 Zip:
Agent/Contact name (e.g., architect, engineer, developer, representative): -1" 12kil1f:E;"
Firm name: 01-06, A44biT 4-4 &XY1 t W"5 Phone: APO • 41?66
Agent address: soy� k) NdMi.) ST- BV1TU boo Email: (t(?�,�IyJtlr .�P C`[ _e6-OL)P-60M
City: 5015 g State: =1> Zip: 93102.
Primary contact is:. D Applicant ❑ Owner WAgent/Contact
I V
Location/street address, L14 fiza f�.c( Township, range, section: *4 114 7-0
Assessor's parcel number(s): P I0aZLq OO AX Total acreage: . SSS Zoning district:
tPp,r, #-0022 N 'LV VOR LST I NL 2 &A41402CI --
Sou r-4 KW.yr * Z Phle c cat. D X1/6, 1007'*
Community Development ■ Planning Division r 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208.884-5533 Fax: 208-888-6854 www.meridiancity.org/planninR
.1 (Rev. 06/12,2014)
Project/subdivision name: &ry5
General description of proposed project/request: _ tri vc. - 4yv-U lam t vYiw�{ �r%GIQ'OK
Proposed zoning district(s):
Acres of cacti zone proposed:
Type of use proposed (check all that apply):
CI Residential ❑ Office of Commercial ❑ Employment ❑ Industrial ❑ Other
Who Nvill 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):
I 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 II -IA -1): Net density (Per UDC 11 -IA -1):
Acreage of qualified open space:
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC I I -3G-3 B):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: 0 Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated p Other
Non-residential Project Summary (if applicable)
Number of building lots l Common lots: Other lots:
Gross floor area proposed: �LAW -5rr. Existing (if applicable): xx
Hours of operation (days and hours): Building height: ly r
Total number of parking spaces provided: 3 Number of compact spaces provided:
Authorization
Print applicant name: L' o"'44 Wit` Q_G
Applicant signature:
Community Development ■ Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888.6854 %vu,%v.meridianeity,org(plantning
-2- (Rei.. 0611212014)
City of Meridian
Planning & Zoning Department
33 East Broadway Avenue, Suite 102
Meridian, Idaho 83642
Re: Johnny Bronx
Dear Sir or Madam,
PIONEERING ENVIRONMENTS
July 17, 2017
As an authorized agent of Matt Brown/ Brighton Corporation, CTA Architects Engineers is
hereby submitting a CUP application for a drive through restaurant located at Parcel Number
#R1527290022, N. Linder RD Meridian, Idaho.
The project is currently zoned C -G and the proposed improvements are an allowable use with a
Conditional Use Permit ("A/C" table 11-2b-2).
The project will consist of a 400sf building including an exterior accessible ADA - Unisex
restroom. A drive-through ordering window and an exterior walk-up window will be for food and
beverage transactions. The outdoor dining patio will be for patrons and pedestrians to enjoy
their meals and will create an activated front to the building facing Linder Road.
Parking will be located along Linder Rd. where the developments located to the immediate
south and the cross access drive have established the precedent. Additional parking is located
along the sidewalk adjacent to the building and patio. The west of site will have the refuse
container location and drive-through drive vehicle entrance.
The exterior materials will be complimentary to the neighboring buildings and will have modern
contemporary language and feel. The exterior materials of the building will consist of prefinished
metal panel and decorative colored concrete masonry. Wood paneling will provide accents to
the facade in key areas. The strong overhead trellis element will be of painted metal framework
with shading elements within the framework. The trellis will serve as an elegant outdoor space -
creating feature and will additionally give the building architectural significance from the street
perspective.
Site development history: AZ -03-006 (Development Agreement #103137116), PP-07-
007(DA#107145935), FR -12-019.
Sincerely,
C 11
Connie t George
Project Manager
CTA Inc.
cc: CTA File -
g:\jbronx_01\docs\4_code\4.3_ahj_submittals\02_cup narrative.docx
http://www.ctagroup.com E-mail: info@ctagroup.com
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
Snuplifile Electronic Recording I I�IIII I�III �'I') IIII'I I'I'I II'll'l) (I'llll III) III'lll) II'I II'I
Brighton 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, Idaho,I83713, 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
Zil day of _ U , 2014.
GRANTOR:
BRIGHTON•'
Idahoan c. •.. •
�. •rnbull,�•:
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 corporatAn �x_p t d the same.
AMANDA K. SCHAUS Notary PWblic for Idaho
NOTAnY BUBL IC My Commission expires �Z ( 7
STATE OFIDAFI0
GENERAL WARRANTY DEED - 2
ADA COUNTY RECORDER Christopher D. Rich 2015-032807
BOISE IDAHO Pgs=3 CHE FOWLER 04121/2015 10:40 AM
When recorded, please return to: TITLEONE BOISE $16.00
Brighton Investments LLC
12601 W Lxploref Drive Ste 200
Boise Idaho 83713
QUITCLAIM DEED
(Parcel D)
For Value Received,. Brighton Investments LLC, an Idaho limited liability company ("Grantor")
does hereby convey,re!66�Se, ,remise and forever quit claim unto, Brighton Investments LLC,
whose address: IS1 2801 W Explorer_Drive Suite, 200, Boise, Idaho 83713, the premises
described on Exhibit and depicted .on It-xhjbit.1B.("1Prop6fty"), which is attached hereto and
made a part hereof, together With all ..6p13 Urtenances relating to the Property.
Dated AprilZ$,12015.'-'GRANTOR:
Brighton Investments LLC,
an Ida firnited liability company
Da'v'id W. 1-urnbull-IRENIging Member
STATE OF IDAHO
:ss.
County of Ada
On thisof April, 2015, before me, a Notary Public of said State, personally appeared
n�noi�a en -he to In ti
David W. Tur or identified tot 6 be'the person whose name is subscribed to the within
instrument individually andacknowled:ge d to me that he subscribed his name on behalf of the limited
liability company.
IN WITNESS WHEREOF,A have hereunto set my hand and affixed my official seal the day and
year in this certificate first above Written.
dx
1 NfQr I aho
Not dry'15ublic -d
My commission expires:
kIANKS
c)( 11i\'`
QUITCLAIM DEED -1
G.10perakn0evelopmeriMcOve ProjectslParamount (0103)10103-03 Paramount MarketplaceVl PfeDevelopment 8 En08ements%21-105 LLA - SonicQuItclalm Deed - PLA- Parcel Moo
`7 .-1 ---7 7-,�
EXHIBIT A
Legal' Description
(Parcel D)
Project, No.: 3887
Date: February 18,2015
DESCRIPTION
OF
PARCEL D
FOR
BRIGHTON INVESTMENTS, LLC
A parcel of land being a portion of Lot 2, Block 2 of Commercial Southwest
Subdivision No. -2 as on file in Book 105 at ;Page 14310 in the Office of the Recorder for
Ada County, Idaho, as shown on Record of Survey No. 2D1.y® m235, on file under
Instrument No. in said Office of the Recorder for Ada County, said parcel
being located in the SW 1/4 of the SW 1/4 of Section 25, TAN., RAW., B.M.; Meridian,
Ada County, Idaho and more particularly described as follows:
COMMENCING at the Southwest corner of said Section 25, marked by a brass
cap; thence along the West boundary of said Section 25
North 0024'56" East 299.14 feet to a point on the extended South boundary of
said Commercial. Southwest Subdivision No. 2; thence along said extended South
boundary
South 89°35'04" �; Fast 38.00 feet to the Southwest corner of said Commercial
Southwest Subdivision No. 2 on the East right-of-way line of North Linder Road, marked
by an iron pin; thence along said East right-of-way line
North 0024'56" East 160.00 feet to a point on a line that is parallel with and 40.00
feet North of the South line of said Lot 2, said point being the POINT OF BEGINNING,
marked by an iron pin; thence continuing along said East right-of:way line
North 00°2456" East 97.00 feet to the Northwest corner:of said Lot 2, marked by
an iron pin; thence along the North boundary of said Lot 2
South 89°35'04" East 224.56 feet to the Northeast corner of said Lot 2, marked by
an iron pin; thence along the Easterly boundary of said Lot 2 along the arc of a curve to
the right having a"radius of 100.00 feet, a central angle of 47°31'37", a length of 82.95 feet
and a long chord that bears
South 23020'52" East 80.59 feet to a point of tangent, marked by an iron pin; thence
continuing
South `00°24'56"West 23.24 feet to a point on said parallel line 40.00 feet North of
the South line of Lot 2, marked by an iron pin; thence along said parallel line
North 89°35'04" West 257.04 feet to the POINT OF BEGINNING,
Said Parcel of Land Contains 24,'195 Square Feet (0:555 Acre), more or less.
W:13887\Docs\3887-Parcel-D-Desc.docx -dnm
EXHIBIT A
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
David W. Turnbull, on behalf of
I Brighton Investments LLC 12601 W Explorer_ Drive, Suite 200
(name) (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 tine attached, and I grant illy
permission to
Gregory Brown 1438 W. Oakhampton Drive, Eagle ID 83616
(name) (address)
to submit the accompanying applications) pertaining to that property.
2. 1 agree to indemnify, defend and mold 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 application(s).
Dated this 18th day of April 2017
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first abo e W) Ite �.
(Notary Public for Idaho) I
AMANDA WGURRY
NOTARY PUBLIC
STATE OF IDAHO
Residingal:
Star, Idaho
My Commission Expires:
4!1512023
33 E Hroathvay Suite 210 0 Meridian, idahu 83642
Phone; (209)884,5533 • Fnesintile; (208)889-667K • 11'chsitc; ��a'i�.nicridinnriiyarrg
Bryan Hallowell
From: Mindy Wallace <Mwallace@achdidaho.org>
Sent: Tuesday, July 18, 2017 1:45 PM
To: Bryan Hallowell
Subject: RE: Confirmation of Traffic study
Bryan,
A traffic impact study is not required for this application.
Please let me know if you have any questions.
Mindy
Mindy Wallace, AICP
Planner III
Ada County Highway District
208-387-6178
From: Bryan Hallowell [mailto:bryanh@ctagroup.com]
Sent: Tuesday, July 18, 2017 12:08 PM
To: Mindy Wallace
Subject: Confirmation of Traffic study
Hi Mindy,
This is a request written confirmation the a traffic impact study is not required, for a CUP application to the City of
Meridian.
Please see below/attached for information on the subject property and project.
The parcel number is 81527290022, it is located on the East side of Linder Rd. near the intersection of Linder Rd and
Apgar Dr.
The current state of the parcel is bare land as developed by Brighton Corp for commercial retail use , zoned "C -G".
The proposed use will be a 400 sf drive-through/ walk-up restaurant. Attached you will find a PDF for the proposed
building and site design.
Please let me know if you have any questions. We will look forward to your confirmation letter.
Thank you,
Bryan
Bryan Hallowell, RA
Architect I Associate
o 208.336-4900 1 d 208.577.5620
CIA ARCHITECTS ENOINEERS
www.CTAGROUP.com
PIONEERING
ENVIRONMENTS
N
6
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CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
c(luj17
ProjecUSubdivision Name: Paramount Drive -Through Restaurant Date: 4/2$117
Applicants)/Contact(s): Gregory Brown, Matt Brown (-bunie-
City Staff: Sonya, Bill, Sam i Kae.Kny I '16C ►
Location: 4970 N Linder Rd Size of Property: 0.56
Comprehensive Plan FLUM Designation: Commercial
Existing Use: vacant/undeveloped land Existing Zoning: C -G
Proposed Use: Drive-thru restaurant w/outdoor seating Proposed Zoning: NA
Surrounding Uses: MFR drive-thru restaurant orthodontics office retail store
Street Buffer(s) and/or Land Use Buffer(s): 25' street buffer along Linder (existinq): 25' buffer to residential uses along east boundary
unless a reduced buffer is requested from Council as set forth in UDC 11-313-9C.2
Open Space/Amenities/Pathways: NA (detached sidewalk exists along Linder) —
Access/Stub Streets: Access via existing driveways from McMillan and Linder, direct access is prohibited to Linder & McMillan
Waterways/ Floodplain/Topography/Hazards: None
History: AZ -03-006 (Development Agreement #103137116); PP -07-01 1: MI -07-007 (DA #107145935); FP -12-019
Additional Meeting Notes:
■ Must comply with the specific use standards listed in UDC 11-4-3-11 Drive -Through Establishments
11 1r F(' in arrord
Note: A Traffic Impact Study (T!S) will be required by ACRD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary decays &expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to fhe City. Not having A CND comments and/or conditions on large projects may delay hearings) at the City. Please contact Mindy Wallace at 387-
6178 or Chrisfy tithe at 387-&144 of ACHD for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact:
❑
F1 Ada County Highway Dist. {ACHD) Nampa Meridian Irrigation Dist. (NMID) F1BuibidinDepartment
Works
Department
El Idaho Transportation Dept. {ITD}
❑Settler's Irrigation District El Building p
❑
Police Department F] Parks Department, Jay
❑ Republic Services Department F] Other:
❑ Central District Health Department ❑ Fire
Application(s) Required:
❑ Administrative Design Review ❑ Conditional Use Permit Mod ification/Transfer ❑ Rezone
F-1 Alternative Compliance E]Development Agreement Modification ❑ Short Plat
❑ Final Plat ❑ Time Extension - Council
❑ Annexation UDC Text Amendment
E] City Council Review Final Plat Modification Vacation
F] Comprehensive Plan Amendment -Map Planned Unit Development ❑
Preliminary Plat ❑Variance
❑ Comprehensive Plan Amendment - Text ❑❑ Private Street ❑ Other
X Conditional Use Permit
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 ors Ce
plat); UDC text t amendments, dmentsicants � Comp'Plats rn text namendments, g a public nand vacations)ring shall post . The he 'informationte with
pirovided dun'ng noticeic headng
in accord with UDC 11 -5A -5D.3 (except
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC andlor Comp Plan may
affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months.
.., .
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NEIGHBORHOOD MEETING
Brown Drive Through
Date: July 14th, 2017
Time: 6-00pm
Place: 4970 N Linder Rd., Meridian, ID 83646
Paramount Marketplace - Parcel D
NAW
ADDRESS EMAIL
PHONE
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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.
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Applicant/t signature Date
Community Development ■ Planning Division ■ 33 L. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 wwk�.umeridiancity.org/plannin
E IDIAN<--- Meridian City Hall, Suite 102
33 E. Broadway Avenue
t'
7
3 c Meridian, Idaho 83642
Community Development 208.887.2211
Department
Address/Parcel Verification
Date: 9/26/17
The address and parcel information below has been researched and verified as correct by the City of
Meridian Community Development Department.
Project Name:
Address:
Parcel Number
T/R/S:
Johnny Bronx
4970 N. Linder Rd
81527290022
HOF
Property Owner: Brighton Investments, LLC
12601 W. Explorer Dr., #200
Boise, ID 83713
Address Verification Rev: 04/23/12
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