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CERTIFICATE OF ZONING COMPLIANCE*
Date: June 15 2009
Project Name/Number: Smashburuer— CZC-09-026; ALT -09-005
Owner/Applicant: Meridian Medical Plaza LLC/ Smashbur eg r Acquisition- Idaho LLC
Site Address: 3223 E. Louise Drive
Proposed Use: 1,879 square foot restaurant within Gardner Ahlquist Retail A Shell and associated patio area
Zoning
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and previous development applications for
this site (CZC-08-005 & DES -08-003). The issuance of this CZC does not release the applicant from any previous requirements
of other permits issued for this site.
Certificate ofOccu a�ncv: All required improvements must be complete prior to obtaining a Certificate of Occupancy. All
changes in occupancy need to comply with the requirements of Building Services It is unlawful to use or occupy any building
or structure until the Building Official has issued a certificateof occupancy. A certificate of occupancyor tomp&vir cerWicate
of occupancy is obtained from Building Services (208) 887-2211 after: inspections are complete and the fadd impetabe wewd
is returned to Building Services
Alternative Compliance: The Unified Development Code (UDC) allows an applicant submit for alternative compliance ifthey
can meet the requirements set forth in UDC 11-5B-5. The purpose of adm. inistrativedes ign review, among others, is to protect
the safety and convenience of pedestrian access within developments and to build attractive pedestrian amenities. The applicant
is proposing to construct and encroach approximately252 square feet of patio area within the required 35 -foot landscape buffer
adjacent to Eagle Road. In lieu of the approved landscaping, the proposal includes the construction of a patio, decorative rail
surrounding patio, the addition of 2 trees, 25 shrubs and 3grasses. In addition, some of the existing plants are being relocated to
a planter bed on the south side of the 8 -foot pathway. Because the proposed patio interferes with the existing 8 -foot pathway, the
applicant is also reconstructing a new 8 -foot pathway to parallel the proposed patio. Staff believes the proposed pedestrian
amenity promotes walkabilityas it is adjacent to the 10 -foot pathway approved with the Gardner -Ahlquist Subdivision and the
8 -foot pathway into the development.
Site Plan: The Site Plan prepared by GHA Architecture/Development, labeled Sheet C-1, is approved (stamped "Approved" on
June 15, 2009 by the Meridian Planning Department) with no changes. The approved site plan is not to be altered without prior
written approval from the Planning Department.
Landscape Plan: The Landscape Plan prepared by GHA Architecture, labeled sheet L-3, is approved (Stamped "Approved" on
June 15, 2009 by the Meridian Planning Department)with no changes. The approved landscape plan is not to be altered without
prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all
material changes is required. Prior to final inspection and sign off for this project, a written certificate of completion shall
be submitted to the Planning Department, prepared by a landscape architect, landscape designer or qualified
nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of
Completion shall verify that all landscape improvements, incluling plant materials and sprinkler installation, are in
substantial compliance with the approved landscape plan.
E evatio s: The building on this site was reviewed and approval with CZC 8-005 & DES -08-003 as a retail dmil. IU scope of
work (CZC-09-026) includes interior improvementswith the exception of one door being added to the vest "+aff' o building.
This door provides outdoor access to the utility room and a ladder to the roof. The proposed metal door small be pabded to IN"
the existing building. The applicant has also indicated to staffthe glass door and window section located in the aortlest corner
will be transposed to allow access to the rear patio area and the resb)wms. Except for the aforementionedcha igi s, no other
exterior building alterations are approved with this CZC.
Irri ag tion An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications
and in accordance with UDC 11-3A-15.
Protection of ExistingTom: Any existing trees on site must be protected or mitigated for in accordance with the Tree
Preservation section of the City's Landscape Ordinance. Per UDC 11-311-10, coordinate with the Parks Department
Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to
construction. Any severely damaged tree must be replaced in compliance with UDC 11.311-10-C.5.
Parkin: The proposed parking areas shall be paved and striped in accordance with UDC 11-3C and 11-311. Project
engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans with
Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signedecessible.
Curbing: Per UDC 11-311-5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be
protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff.
Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy.
Drainage: Storm water drainage swales shall not have a slope steeper than 3: 1, shall be fully vegetated, and shall be designed in
compliance with UDC 11-313-11 and UDC 11-3A-18.
Lim: Lighting shall not cause glare orimpact the traveling public or neighboring development and comply with
lighting standards as defined in UDC 113A-11.
Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with
UDC 11-3D.
Trash Enclosure: All dumpster(s)must be screened in accordance with UDC -I 1-3A-12. Trash enclosures must be built in the
location and to the size approved by SSC.
HandicMAccessibiliW.. The structure, site improvements and parking areas must be in compliance with all federal handicap -
accessibility requirements.
ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian
Planning staff for approval prior to the issuance of a building permit.
Plan Modifications Except for the changes mentioned above, the approved Site Plan and Landscape Plan stamped "Approved"
on June 15, 2009 are not to be altered without prior written approval of the Planning Department. No significant field changes
to the site or landscape plans are permitted; prior written approval of all hanges is required.
Note: If the plat for the subdivision in which this property lies has not been recorded, all subdivision improvements
shall be installed prior to occupancy of the first structut a in the s division.
Bill Parsons
Associate City Planner
*This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to,
Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water,
Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if
work has not begun.
E IDIAN: --
Dk�
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Project name. 1 File #: C Z'- 09
Ap licandagent: lG IM,6iM 'f 1. -/'- gyp" 0 S
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
Staff
M
Description
(�)
Completed & signed Administrative Review Application
Narrative fully describing the proposed use of the property, including the following:
➢ Information on any previous approvals or requirements for the requested use
(i.e., applicable conditions of approval or Development Agreement)
Recorded warranty deed for the subject property
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation,
submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent.)
Scaled vicinity map showing the location of the subject property
Fire Marshall approval for access and turn around (stamped, full size site plan)
/
Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site
./plan)
Civil Site/Dimension Plan — 1 full size co (folded to 8 r/z" x 11" size)
A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens
,1
or more (see UDC 11-3A-11)
1�
Copy of the recorded plat the property lies within (8 t/z" x 11 ")(90
Address verification letter from Public Works (898-5500)
/
Site Plan ---4 copies (folded to 81/2" x 11" size)
✓
The following items must be shown on the siteplan:
• Date, scale, north arrow, and project name (scale not less than 1"=50')
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Parking stalls and drive aisles
• Trash enclosure(s) location
• Detail of trash enclosure (must be screened on 3 sides)
• Location and specifications for underground irrigation (Pressurized irrigation can only be
waived if you prove no water rights exist to subject property)
• Sidewalks or pathways (proposed and existing)
• Location of proposed building on lot (include dimensions to property lines)
• Fencing (proposed and existing)
• Calculations table including the following:
Number of parking stalls required & provided (specify handicap & compact stalls)
➢ Building size (sq. ft.)
➢ Lot size (sq. ft.)
➢ Setbacks
➢ Zoning district
• Reduction of the site plan (81/2" x 11 ")
Landscape plan — 3 copies (folded to 81/2" x 11" size)
/
Plan must have a scale no smaller than I " = 50' (1 " = 20' is preferred) and be on a standard
7
drawing sheet, not to exceed 36"x 48" (24" x 36" is preferred). A plan which cannot be drawn in
its entirety on a single sheet must be drawn with appropriate snatch lines on two or more sheets.
The following items must be included on the landscapeplan:
• Date, scale, north arrow, and project name
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org
ACHD Acceptance: Applicant shall be responsible for meeting the requirements of A CHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance of a building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid.
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS
RECEIVED ALL REQUIRED INFORMATION.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 4/03/09)
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Stamp/signature of a landscape architect, landscape designer, or qualified
nurseryman preparing the plan
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
floodplains, high groundwater areas, and rock outcroppings
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed
• A statement of how existing healthy trees proposed to be retained will be
protected from damage during construction
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
be shown with one -foot contours
• Sight Triangles as defined in 11-3A-5 of this ordinance
• Location and labels for all proposed plants, including trees, shrubs, and
groundcovers (trees must not be planted in City water or sewer easements). Scale shown for
plant materials shall reflect approximate mature size
• A plant list that shows the plant symbol, quantity, botanical name, common name,
minimum planting size and container, tree class (1, II, or III), and comments (for
spacing, stakin , and installation as appropriate)
• Planting and installation details as necessary to ensure conformance with all
required standards
• Design drawing(s) of all fencing proposed for screening purposes
• Calculations of project components to demonstrate compliance with the
requirements of this ordinance, including:
➢ Number of street trees and lineal feet of street frontage
➢ Width of street buffers (exclusive of right-of-way)
➢ Width of parking lot perimeter landscape strip
➢ Buffer width between different land uses (if applicable)
➢ Number of parking stalls and percent of parking area with internal landscaping
➢ Total number of trees and tree species mix
➢ Mitigation for removal of existing trees, including number of caliper inches
being removed
Reduction of the landscape plan (8'/2" x 11")
rl
Building elevations showing construction materials — 3 copies (folded to 8'/2" x 11" size)
Reduction of the elevations (8'/2" x 11")
If applying for approval of a public school, provide additional information as required by
the Public School Facility supplemental checklist per §67-6519
Fee (If this project had prior approval on a site plan, reduced fees may apply)
ACHD Acceptance: Applicant shall be responsible for meeting the requirements of A CHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance of a building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid.
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS
RECEIVED ALL REQUIRED INFORMATION.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 4/03/09)
fE IDIAN -- Planning Department
ALTERNATIVE COMPLIANCE ■ Application Checklist
Project name: File #: A L- ' 01-tb
Applicant/agent:
sLV1
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
(4)
Description
Staff
(4)
Completed & signed Administrative Review Application
(lf also submitting a concurrent application for a preliminary plat or conditional use permit, the Alternative
Compliance request will be processed along with that application. Therefore, an Administrative Review application
is not necessary in this case; just check the Alternative Compliance box on Commission & Council Review
Application and submit the information below.)
Narrative fully describing the proposed request including the following:
➢ The specific requirements that are proposed to be modified
➢ Address the reason why strict adherence or application of the requirements are not
j
feasible
✓
➢ Demonstrate how the proposed alternative means for compliance with the specific
requirements provides an equal or superior means of meeting the intent and purpose
of the regulation
➢ Any supporting documentation or plans
Fee
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 11/4/08)
PA,
SAY 2 9 200
CitZ
C��(ERIDIAN-::- -gi Merll a Planning Department
i�4E1l11-WIVE REVIEW APPLICATION
Type of Review Requested (check all that apply)
�❑ A cessory Use
ternative Compliance
Ed Certificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
❑ Design Review
❑ Private Street
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
❑ Other
Applicant Information
Applicant name:
Applicant address: L5<<6 fig
Applicant's interest in property
STAFF USE ONLY: CCyy
File number(s):, CZC' p/ ' d Z3
Project name: 5 ni as ev2
Date filed: 5'2q'v Date complete:
Assigned Planner:: Q r
Related files:
❑ Own ARent ❑ Optioned ❑ Other
Phone:( 303
Zip: Sib 2b 2.
Owner name: Gm1w,`r 1►CI,tL4U44,+— Phone: 6&b1)Slob~?sZg
Owneraddress: 1"901 W, Ok!l WriO& 5wlr, 6� `gyri ID Zip: C63Z[3
Agent name (e.g architec engineer, developer, epresentative): VGht/ - �l'►A ti✓1
Firm name: G+Ar-k-z.Q 4-r_� Phone: 6.10Liu 1— 14, 37
Address: 114t(0 D -J" J>A c (bvT:�&a,.s__rX Zip: ?525
Primary contact is: ❑ Applicant ❑ Owner Agent ❑ Other
Contact name: 7V��A�GL�IM�fM
E-mail: JUnn a.a Ct �1 A ~ An�G� t Grwt
Subject Property Information
Phonefzt4) 4u --Q 4 3 %
Fax: (14L `I) I1 U '5375
Location/street address: 15,71v; C_ A4+" .� trc--�J�i�rt- �u t�i'� b U
Assessor's parcel number(s): OZ30 -9?4 W6 Po
Township, range, section: 5/1J1 E Ica Total acreage: 1. 0,5
Current land use: AYe-i Q l%w I Current zoning district:
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 11/4/08)
Project Description ^_ ^ A /t
Project/subdivision name: �tMA,4%t�yW,.Z1C1 yLW 4to-,4-&Amn!s4 td8
General description of prgposed project/request:
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply): // AA �
❑ Residential ❑ Commercial ❑ Office ❑ Industriall I t3 Other e'x f1T> "t��
Amenities provided with this development (if applicable): �[ a�ttb
Who will own & maintain the pressurized irrigation system in this development?'pc"ad ^ r7«"`
Which irrigation district does this property lie within?Cl�6i-i
Primary irrigation source: GA94t Ll� Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water):
Residential Project Summary (if applicable) tJjA
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:
2 or more Bedrooms:
Proposed building height: _
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: 1 Other lots: %E
Gross floor area proposed: �� 7 `� (eKs�" Existing (if applicable): 1,57q
Hours of operation (days and hours): Mm -<'k" IOA- - (ti 1 Building height: Ci44 k. /
Percentage of site/project devoted to the following:
Landscaping: i41 BuildingP�04'w/ Paving:15)dA
Total number of employees: Maximum number of employees at any one time: &
Number and ages of students/children (if applicable): Seating capacity: 2 -
Total number of parking spaces provided: Number of compact spaces provided: /
Authorization
Print applicant name:,'
Applicant signature:/
Phone:
Date:
33 Oroadway Avenue, Suite 210 • Meridian, Idaho 83642 1
88 -5 33 • Facsimile: (208) 888-6854 • Website: www.mefdiancity.org
2
Real Estate
Development Services
Site Development
Architecture
Construction Manag.
Architecture/Development
May 27, 2009
City of Meridian
Planning Department
33 East Broadway Avenue, Suite 210
Meridian, ID 83642
Subject: SMASHBURGER— 3223 East Louise Drive, Suite 100, Meridian, ID 83642
To Whom It May Concern:
Smashburger, LLC., has requested Certificate of Zoning Compliance (with Prior Approval) approval to
allow restaurant use of the site/tenant space noted above.
The restaurant will be a fast -casual dining establishment with beer and wine sales / consumption and the
addition of a patio area. There will be no changes to the existing shell building exterior (fagade), primary
entrance or building color.
With the exception of the patio addition, no site alterations will be proposed (i.e. parking lot changes,
utilities, etc.). Proposed construction will include the following:
- New interior full walls.
- New interior low walls.
- New kitchen design and construction.
- New kitchen equipment installation.
- New paint.
- New headers.
- New electrical wiring and lighting.
- New plumbing to include floor drains and floor sinks.
- New mechanical equipment (HVAC, vent hoods, etc.).
- New separate men's and women's restroom installation to include new toilets, sinks and plumbing
lines.
- New interior and exterior doors.
Please contact Sydnee Freeman at (214) 461-9637 or (469) 995-1809 should you have any additional
questions concerning the scope or extent of the proposed alterations.
Gerdes • Henrichson cot Associates
14110 Dallas Parkway, • Suite 100 • Dallas, TY • 75254
Phone: (214) 401-9637 • Fax: (469) 916-5375
Real Estate
Development Services
Site Development
Architecture
Construction Manag.
El
Architecture/Development
May 27, 2009
City of Meridian
Planning Department
33 East Broadway Avenue, Suite 210
Meridian, ID 83642
Subject: SMASHBURGER — 3223 East Louise Drive, Suite 100, Meridian, ID 83642
To Whom It May Concern:
Smashburger, LLC., has requested Alternative Compliance approval to allow the addition of a patio area
at the rear of the tenant space noted above.
The proposed patio area will extend beyond the rear building line and will encroach upon the existing
landscape buffer yard.
In order to build the patio area addition, minimal existing landscaping along the rear and side of the
building will be removed. Once the patio area construction has been completed, additional shrubs, grass
and perennials (the same approved plantings within the development will be used) will be installed along
the rear and sides of the patio area. The existing large trees along the existing sidewalk area parallel to
Eagle Road will not be disturbed.
Decorative railing will also be installed as a barrier for the patio area.
The restaurant will be a fast -casual dining establishment with beer and wine sales / consumption.
There will be no changes to the existing shell building exterior (fagade), primary entrance or building
color.
With the exception of the patio addition, no site alterations will be proposed (i.e. parking lot changes,
utilities, etc.). Proposed construction will include the following:
- New interior full walls.
- New interior low walls.
- New kitchen design and construction.
- New kitchen equipment installation.
- New paint.
- New headers.
- New electrical wiring and lighting.
- New plumbing to include floor drains and floor sinks.
- New mechanical equipment (HVAC, vent hoods, etc.).
- New separate men's and women's restroom installation to include new toilets, sinks and plumbing
lines.
- New interior and exterior doors.
Please contact Sydnee Freeman at (214) 461-9637 or (469) 995-1809 should you have any additional
questions concerning the scope of the proposed alterations / additions.
an
Gerdes • Henrichson & Associates
14110 Dallas Parkway • Suite 100 • Dallas, TX • 75254
Phone: (214) 461-9637 • Fax: (469) 916-5375
'�gy
title of'na!m`��plla"'--4"
WARRANTY DEED
For Value Received Glenn L Griffiths and'Iresha Griffiths, husband and wife
the Grantor, hereby grants, bargains, sel Is, conveys and warrants unto
Meridizri'Medical Plaza, 11C, an Idaho Limited Liability Company
the grantee, whose current address is 90 South 400 West, Salt Lake City, UT* 841 l
the folio -wing described premises, to wit*
See "Exhibit A" attached hereto
Parcel Number: 1 5791500125
SUBJECT TO: Cunnt General Taxes, a lien in the process of assessments, not yet due
or payable. Easements, restrictions, reservations, provisions of record, and assessments, if any.
TO HAVE, AND TO HOLD the said premises, with their appurtenances unto the said
Grantee,their heirs and assigns forever. And the said Grantor does hereby covenant to and with
the said Grantee, that it is the womer in fee sirnplo of said premises, that said premises am free
from all crieurnbrances and that he will -.warrant and defend the same from all lawful claims
whatsoever,
Dated this 29th day of May, 2007,
Imn 1, Griffiths Tresha Grifflths//
4
STATE OF Idaho
COUNTY OF Ada
On this 29Lh, day of May, 2007, before ine, the uWersigned, as Notary Public, in and for said
State, personally appeared Glenn L Griffiths and'frcshaa Griffiths knoNvn to me, and/or identified
to rite on (lie basis of satisfactory evidence, to be tine person(s) whose name(s) is/are subscribed
to the within histruent and acknowledgcd tome that be/shethey. executed the same.
WITNI EPS M 11 O
/
'$D FFICIAL SEAL,
Notary Public: Trina Nialfitarti TRINA NISHITANI
Residing at: Caldwell Idaho NOTARY PUBLIC
[ STATE OF IDAHO
My co1.
rninission expires June 282009---
1711rNumber. 61083$2-m
llqt
Exhibit A
LEGAL DESCRIMON
Order No.: 20604 8382
PXIkCI:L I-.
All that portion of Lot 1, in Block 2 of Nplontvue Park, Accoviing to the official Plat thereof. filed
in Book 17 of Plats at Page 1107, records of Add County, Idaho, being more particularly
dtseribed as follows:
Beginning at the North zest corner of said Lot 1; thence
South 80*12' East 181.0(1 feet to the TRUE POINrr OF BEGINNING; thence
Svoth 80*12' East 181,35 feet; thence
South 01 12' West 172.£10 feet; thence
North 6352' West 177:48 feet; thence
Northerly I28.0 feet more or less to the TRUE POINT OF REGINNTNG.
AND
A parcel of land being a portion of Lot I in Block 2 of Montvm Park, a subdivision in the
Nwhwest quarter of the Northwest quarter of Section 16, Township 3 North, Range I East,
Boise Meridian, according to the official plat thereof filed in Book 17 of Plats at Page 1107,
records of tkda, County, Idaho, more particularly described as follows, to wit.
Beginning at the Northwest corner of Lot I in Block 2 of said Montvue Park, Ada County, Idaho;
thence
South 80033'46" FAst (shown of record to be South 80* 12' East) along the North line of said Lot
I a distance of 181.030 feet to the Northeast comer of the Tract of land. is described in that certain
Warranty deed dated January 13, 1966 and recorded in Book $30 at Page 318 as Instrument No.
63102 7, records of Ada County, Idaho, being also the POINT OF BEGINNING; thence
,South 891138'14 NV a distance of 3337 feet-, thence
South 0"21'40"East a distance of 11438 feet to a point in the South I.4w of said Lot 1; thence
South 78*08'46" East (shown or record to be South 77047" W -t) a distance of 53.00 feet to the
Southwest comer of the tract of land as described in that "ilain Warranty deed dated February 1,
1966 and recorded as Instrument No, 631741, records of Ada County, Idaho; thence
North 8049'23" West along the East line of said parcel Instrument No. 631027 being also the
West line of said parcel Instrument No, 631741, it distance or 127.25 feet to the POINT OF
BEUMMMG.
PARCEL 2:
Lot 9 EXCEPT the South 205 fect in Block 5 of Mantwic Park, according to the .official Plat
thereof filed in Book 17 at Page I I07, rcco ds"of Ada County, Idaho
Nimar:
, 1"W'v of Bvi5v, In File Numb": 604USZ-,n
anfy O'cd
Page .1 0!`2
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
i, `io I& A -K lq a L5r- 8go 1 w W CLA� !: Cd -
(name) (address)
(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:
G �
s%Jcg Foot t1 , i�ltc ?�a ll,�"�l /Meso 1 ll�s k 7--s s;4
(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.
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 day of 20
-�
(Signature)
SUBSCRIBED AND SWORN to before me the day and y ar first above written.
v'" Ak��
AMANDA HUNTER (Notary Public for I a o)
Notary Public _6 Ccr4u
State of Idaho Residing at:_6
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-- IDAHO /
FORM PW 100
DATE: 4/ 16/09
MayorTammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
The following property has been researched by The City of Meridian Public Works
Department.
Project Name: SMASHBURGER (TI)
Address: 3223 E. Louise Dr.
Suite #: 100
Zip Code: 83642
Lot/ Block Subdivision: 2/ 1/ Gardner Ahlquist Sub
1) The address has been assigned based on available information.
This address should be considered temporary (Development
process has not been completed, so the address may change)
2) This address will be required to connect to municipal services.
X Water and Sewer mains are available for connection to the
Municipal System.
This property does not currently have services available.
(Development process has not been completed)
3) This is an existing structure that is connected to municipal services.
EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT
ADDRESS AND SUITE NUMBER (IF APPLICABLE).
Terri Ricks
Dept. Specialist
Public Works
Public Works Department . 33 E Broadway, Suite 200, Meridian, ID 83642
Phone 208-898-5500. Fax 208-898-9551 . www.meridiancity.org
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(3,00592-3800`•e_
a Date"
Amount -
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05/07/2009
$ *******187,00*
*ONE HUNDRED EIGHTY-SEVEN AND XX / 100
,SAY : Glty..of Meridian
TO
Current Planning Division
ORDEERR
33 East Broadway Ave, #10
OF:
Meridian, ID 83¢42
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ORDER
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OF: 33 East Broadway Ave, #10
TAorirlia„ In 91AA0
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June 23, 2009
To: Smashburger Acquisition — Idaho LLC
1515 Arapahoe Street, Tower One, 10th Floor
Denver, Colorado 80202
Rep: Sydnee Freeman
GHA Architecture
14110 Dallas Parkway, Suite 100
Dallas, Texas 75254
Subject: MCZC-09-028
Smashburger Restaurant
3223 E. Louise Drive, Meridian, Idaho
Carol A. McKee, President
Sherry R. Huber, lst Vice President
Rebecca W. Arnold, 2nd Vice President
John S. Franden, Commissioner
Sara M. Baker, Commissioner
On 18 April 2007, the Ada County Highway District Commission acted on Gardner -Ahlquist Gateway
Subdivision. The conditions and requirements set forth in that action also apply to this application.
Wo I F- WE Fill 40"iffl.
to the Development ReviewitDistrict.
A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6187.
Sincerely,,//
(��l�t d
Matt Edmond
Planner III
Right -of -Way and Development Services
CC: Project File
Bill Parsons, Meridian City Planning Department (sent via email)
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
3. All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
5. Comply with the District's Tree Planter Width Interim Policy.
6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
9. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
10. Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior
to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
12. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
13. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager
did not properly apply this section 7101.6, did not consider all of the relevant facts presented,
made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the
interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary of Highway Systems, which must be filed within ten (10) working days from
the date of the decision that is the subject of the appeal. The notice of appeal shall refer
to the decision being appealed, identify the appellant by name, address and telephone
number and state the grounds for the appeal. The grounds shall include a written
summary of the provisions of the policy relevant to the appeal and/or the facts and law
relied upon and shall include a written argument in support of the appeal. The
Commission shall not consider a notice of appeal that does not comply with the
provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission
hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the
appeal will be noticed and scheduled on the Commission agenda at a regular meeting to
be held within thirty (30) days following the delivery to the appellant of the ROWDS
Manager's reply to the notice of appeal. A copy of the decision being appealed, the
notice of appeal and the reply shall be delivered to the Commission at least one (1)
week prior to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
Development
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
❑Send a "No Review" letter to the applicant stating that there are no site specific requirements at this
time.
®Send a "Comply With" letter to the applicant stating that if the development is within a platted
subdivision or part of a previous development application and that the site specific requirements from the
previous development also apply to this development application.
❑Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
❑Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports.
❑For ALL development applications, including those receiving a "No Review" or "Comply With" letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Division for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-
way, including, but not limited to, driveway approaches, street improvements and utility cuts.
❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week turnaround for this approval.
❑ Working in the ACHD Right -of -Way
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit
Application" to ACHD Construction — Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
❑ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified
Plan Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD
Drainage Division.
❑ Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being
scheduled.
❑ Final Approval from Development Services
ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con.