Stellas Ice Cream - DES & CZC A-2021-0041 CZC Staff Report
Page 1
DATE: 3/11/2021
TO: Dakota Gullickson, ALC Architecture
FROM: Alan Tiefenbach, Associate Planner
208-884-5533
SUBJECT: DES, CZC A-2021-0041
Stella’s Ice Cream Remodel
LOCATION: 3135 E Overland Rd
I. PROJECT DESCRIPTION
The applicant, Dakota Gullickson of ALC Architecture, requests Certificate of Zoning
Compliance and Administrative Design Review (DES) approval for a small addition and
façade change to an existing building at 3135 E. Overland Rd.
The property was annexed and zoned in 2002 as part of the El Dorado Subdivision. The
development agreement (Inst. 103020830) allowed C-C uses on this property, but required
conditional use approval for any drive through establishment. In 2003, the property was
replatted as the Bonito Subdivision (FP 03-010). In 2004, a conditional use permit was
approved to allow a bank facility with two drive through aisles (CUP 04-002) and a CZC was
completed (Farmers & Merchants Bank, May 14, 2004). The building was repurposed as a
chiropractor’s office in 2018 (Advantage Chiropractic, CZC A-2018-0099). A portion of the
building is still being used for this purpose.
The present application involves Stellas’s Ice Cream occupying approximately 1/3 of the
existing building on the east side, and expanding the building approximately 1,500 sq. ft.
This will result in the building expanding into one of the two existing drive through aisles,
with one drive through aisle remaining. Façade changes will include painting the existing
stucco and adding white colored aluminum or fiber cladding along the north and east sides of
the building. A new HVAC screening enclosure will be added at the top of the southeast
corner of the building. No existing landscaping or parking will be affected with this proposal.
CERTIFICATE OF ZONING
COMPLIANCE REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Page 2
Staff has determined that because a conditional use was approved for the original drive
through establishment in 2004, the drive through is not within 300 feet of another drive
through facility or single-family residence, and the proposal will result in one less drive
through aisle, another conditional use is not necessary.
II. DECISION
The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the
conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if
you need a building permit and/or inspection. If you do need a building permit, you must complete
that process before you commence the use or construction. Please contact Building Services for
additional details about building permits and inspections.
Site Specific Conditions of Approval
1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
2. Business hours of operation within the C-C district shall be limited from 6 am to 11 pm when the
property abuts a residential use or district as set forth in UDC 11-2B-3A4.
3. No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
4. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-5C-3B.
5. The site plan prepared by ALC Collaborative on March 11, 2021, labeled “Site Plan”, is approved
by the City of Meridian Planning Division as shown in Exhibit A.
6. The elevations prepared by ALC Collaborative on March 11, 2021, labeled “Elevations” are
approved by the City of Meridian Planning Division as shown in Exhibit B.
7. The approved site plan, and/or elevations may not be altered without prior written approval of the
City of Meridian Planning Division.
8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant
shall submit a new site plan to the City of Meridian Planning Division for approval prior to
issuance of the building permit.
10. The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
General Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ 01-018, PP- 01-020, DA Inst. #103020830, FP 03-010,
CUP 04-002, Farmers & Merchants Bank CZC May 14, 2004, CZC A-2018-0099).
3. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
Page 3
4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3.
7. The applicant and/or assigns shall have the continuing obligation to meet the specific use
standards for the proposed drive through establishment and restaurant as set forth in UDC 11-4-3-
11 & UDC 11-4-3-49.
III. CITY COUNCIL REVIEW
The applicant or a party of record may request City Council review of a decision of the Director. All
requests for review shall be filed in writing with the Planning Division on or before March 26, 2021,
2020, within fifteen (15) days after the written decision is issued, and contain the information listed in
UDC 11-5A-6B.
If City Council review of the decision is not requested, the action of the Director represents a final
decision on a land use application. You have the right to request a regulatory taking analysis under
Idaho Code 67-8003.
IV. EXPIRATION
The Certificate of Zoning Compliance shall expire if the construction, alteration or the use has not
commenced within one year of the date of issuance of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until
March 11, 2022.
Page 4
V. EXHIBITS
VI. SITE PLAN (DATE: 3/11/2021)
Area of expansion
Page 5
A. Building Elevations (date: 3/11/2021)