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Instant Equity Auto SalesCERTIFICATE OF ZONING COMPLIANCE DATE: TO: FROM: SUBJECT: OWNER: March 22, 2010 Biltmore Company E IDIAN~- IDAHO Bill Parsons, Associate City Planner Instant Equity Auto Sales -CZC-08-010 & ALT-08-004 Daniel Burrop, Instant Equity Auto SCANNED DESCRIPTION OF APPLICANT'S REQUEST The applicant, Instant Equity Auto, requests Certificate of Zoning Compliance (CZC) and Alternative (ALT) approval for a change in use of the property located at 1065 E. Fairview Avenue. The site was previously annexed as the podiatry office but is currently vacant. At this time, the applicant proposes to use the existing home for the sales office and the existing garage will be used for servicing (minor vehicle repair) the vehicles on the lot. Per UDC Table 11-2C-2, vehicle sales are a principal permitted use in the C-G zoning district. DECISION The applicant's request for CZC is approved with the conditions listed in this report. Note: This is not a Building Permit. Prior to any construction, you should contact Building Services at (208)887-2211 to verify if any additional permits and/or inspections will be required 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. The landscape plan prepared by The Land Group dated 12/02/08, labeled L1.01, is approved (stamped "approved" on 3/22/10 by the City of Meridian Planning Department) with the following changes: a. Pa UDC 11-3B-SH, rogair+ed areas shall heat e~rt ~i ce+edi vegetation ~ mstiuity. install additional plantings f ~vbs,l ddawa or .ice southern and eastern perene#er i~dscaping. b. Per the DA, constcuc~ a 10-foot-wide multi-use pathway al~a~ tie aatit+e F Avenue fionbge. The landscape plan shall not be altered without prior written approval of the City of Meridian Planning Department. 3. The site plan prepared by The Land Group dated 12/18/09, labeled S1.01, is approved (stamped "approved" on 3/22/10 by the City of Meridian Planning Department) with the following changes: a. Per the DA, a iti-foaYt wide multi-use patharay ~1~ag the mde+~ FBI Avenue fi+ontage. b. Provide a 12-foot wick trams enclosure on the site per S i'~r~fidntrew ~~ SSC before comma~cing will! ~ of ti~ ata ~ sus. The site plan shall not be altered without prior written approval of the City of Meridian Planning Department 4. The applicant shall install a bicycle parking facility capable of holding a minimum of one bicycle as set forth in UDC 11-3C-6G and 11-3C-SC. 5. The applicant shall revise the plans accordingly prior to initiating the plan intake meeting with Building Services. Instant Equity Auto Process Conditions of Approval 1. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 2. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 3. 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. 4. The approved site plan, the landscape plan, and/or the building elevations (no alterations) shall not be altered without prior written approval of the City of Meridian Planning Department. 5. At such time that the multi-use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 6. 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. 7. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. Ongoing Conditions of Approval 1. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 2. The applicant shall have an ongoing obligation to comply with any applicable specific use standards for vehicle sales/accessory vehicle repairs as set forth in UDC 11-4-3-37 and UDC 11-4-3-38. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (DA instrument #109134178). The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The property owner shall have an ongoing obligation to maintain all pathways. 5. The 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. ANALYSIS OF ALTERNATIVE COMPLIANCE APPROVAL: Per Table UDC 11-2B-3, a 25-foot wide landscape buffer is required along Fairview Avenue, an arterial street. The applicant requested a 17.5 foot- wide landscape buffer adjacent to Fairview Avenue. The applicant was granted alternative compliance approval during the City Council Review of the CZC application (AP-08-005). The landscape plan approved with this application is consistent with that approval. ALTERNATIVE COMPLIANCE FINDINGS: In order to grant approval for alternative compliance, the director shall determine the following findings: Instant Equity Auto 1. Strict adherence or application of the requirements is not feasible; OR At this time the site does not have access to a pressurized irrigation system due to insufficient water supply in the area. A letter has been provided by the Nampa Meridian Irrigation District confirming the lack of water supply. Therefore, providing a reduced buffer is a better solution for water conservation than compliance with the 25-foot landscape buffer required by the UDC. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The streetscape buffer incorporates an organized planting design and a multi-use pathway. Staff finds the applicant's proposal meets the intent of the landscape ordinance. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Instant Equity Auto ~~ l1TY t W j fX ~(t . p ,~ ~~ ~j. ~~~'rr~tc~ ~.~ ~"~ ~~ Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Pro'ect nameanstant Auto Equity File:.#: ~(.~ C~~~O A licant/a ent:The Land Group Inc. /Roger Collins All applications are required to contain one copy of the following unless otherwise noted: Applicant 'p n . Descn do Staff x Com leted & si ed Administrative Review A lication Narrative fully describing the proposed use of the property, including the following: x - Information on any previous approvals or requirements for the requested use ~ ' i.e. a licable conditions of a royal or Develo ment A reement x Recorded warran deed for the sub'ect roe J "'-" Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, x submit a co of the Articles of Into ration or other evidence to show that the n si is an authorized t x Scaled vicini ma showin the location of the sub'ect ro e x Sanit Service Com an a royal for trash enclosure & access drive stain site tan) ~---• A photometric test report for any light fixture(s) with a maximum output of 1,8001umens _ _ x or more see UDC 11-3A-11 N/A Co of the recorded lat that the roe lies within 8 ''/z" x 11" x Address verification letter from Public Works See Tricia Bieren 898-5500 -' Site Plan-4 copies (folded to 8 %" x 11" size) x The followin items mast be shown on the site lain: "-" x • Date, scale, north arrow, and ro'ect name (scale not less than 1"=50') • Names, addresses, and telephone numbers of the developer and the person and/or x Earn re grin the lan x • Parkin stalls and drive aisles x Trash enclosures location x • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be x waived if ou rove no water ri is exist to sub'ect ro x • Sidewalks or athwa s (proposed and existing) X • Location of ro osed buildin on lot (include dimensions to property lines) x • Fencln (proposed and existing) • Calculations table including the following: D Number of parking stalls required & provided (specify handicap ~ compact stalls) x - Building size (sq. ft.) - Lot size (sq. ft.) - Setbacks - Zonin district x Reduction of the site lan 8 '/:" x 11" Landscape plan - 3 copies (folded to 8 ''/z" x 11" size) Plan must have a scale no smaller than 1 " = SO' (1 " = 20' is preferred) and be on a standard -. x drawing sheet, not to exceed 36"z 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The followin items mast be included on the landsca a Ian: x Date, scale, north arrow, and ro'ect name • Names, addresses, and telephone numbers of the developer and the person and/or x firm re azin the lan ~F 0 ~~ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org x • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lains, hi h oundwater areas, and rock outcro in s. • Location, size, and species of all existing trees on site with trunks 4 inches or x greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. x • A statement of how existing healthy trees proposed to be retained will be rotected from dama a durin construction • Existing structures, planting azeas, light poles, power poles walls fences berms x , , , , parking and loading azeas, vehicular drives, trash azeas, sidewalks, pathways, stormwater detention azeas, si s, street furniture, and other man-made elements. x • Existing and proposed contours for all azeas steeper than 20% slope. Berms shall be shown with one-foot contours. x • Si t Trian les as defined in 11-3A-5 of this ordinance. _ • Location and labels for all proposed plants, including trees, shrubs, and X grOUndCOVers (trees must not be planted in Citywater or sewer easements). Scale shown for lant materials shall reflect a roximate mature size • A plant list that shows the plant symbol, quantity, botanical name common name x , , minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin and installation as a ro riate . x • Planting and installation details as necessary to ensure conformance with all re uired standazds. x • Desi drawin s of all fencin ro osed for screenin oses • 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 ofright-of--way) x - Width of pazking lot perimeter landscape strip - Buffer width between different land uses (if applicable) - Number of pazking stalls and percent of pazking azea with internal landscaping - Total number of trees and tree species mix - Mitigation for removal of existing trees, including number of caliper inches bein removed x Reduction of the landsca a lan 8 'h" x 11" ~--- N/A Buildin elevations showin construction materials N/A If applying for approval of a public school, provide additional information as required by 1`~l>r'C' the Public School Facili su lemental checklist er 67-6519. x Fee If this ro'ect had rior a royal on a site lan reduced fees ma a 1 A CHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if arty, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACRD 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. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 858-6854 • Website: www.meridiancity.org (Rev. 9/21/06) gi Il ~a'SD~'i 2XIiilhq yul'idr +, ~z ~.:~... ' `=x. ~r~~~r~n a~~ .~,;,,,,, yyi; Planning Department ALTERNATIVE COMPLIANCE ~ Application Checklist Project name• S File #: Lt-~ 'd0~ Applicant/a ent• All aonlications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff Completed & signed Administrative Review Application (If also s:~bmitting a concurrent application for a preliminary plat or conditional use permit, the Alternative Compliance recn~est 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 ~. ; A lication and submit the in ormation belrnv. 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 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 - An su ortin documentation or lans Fee THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. g ~ I.L ~s T-f-he Gt1 T GZ G 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: wwww.meridiancity.org (Rev. 9/21/06) E IDIAN~:--- lDAHQ Planning Department ADNIlNISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Accessory Use Alternative Compliance Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other Information STAFF USE ONLY: File number(s): C2C `~g'-o~0 ; ./{-~T Og- Projectname• f .Eou.~~ Date filed: ~'ZZ `O DateDcomplete: 3 _q ~0 Assigned Planner: D (~- << ~~1~ Related files: I+'T "''~B OOS Applicant name: ~~ ~ ~~~ ~++*~ct,.•-.y ,,pp Phone: ~y~- 336 Applicant address: 36>S~ ,~• Loec~S'~ ~/'OcK /~O•tr.P Zip: X36 Applicant's interest in property: ^ Own ^ Rent ^ Optioned Other '`t9~ Owner name: 1~~ i p ~ Qar~o P - ~~ S ~~'{ Eo k i ~V ~~ Phone: 3 ~ • ~~ Z Owner address: ~~z2/ W ~eb.}d i e W Ad•¢ ''// Zip: g3~~~ Agent name (e.g., architect, engineer, developer, representative): /~l° /~ rt, ~~ Firm name: ~ ~~M.ei-e C.r-~an ~/ Phone: ~~l 3~ 8 Address: 3(8/ ~• Loc~sflout Kes~e~ Zip: $,3~Y2 Primary contact is: ^ Applicant ^ Owner Agent ^ Other p~ Contact name: Ko.~! flti /4-Ak(~Q Phone: ~ 7 ~ • 338 E-mail: __ Fax: Information Location/street address: Assessor's parcel number(s): $//~7/ 20(fl50 Township, range, section: 3 A ~ E O•j Total acreage: 0 • ? 7 Current land use: (CaS`,1~,~ Current zoning district: G•G 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 Project/subdivision name: S-'+~~ i General description of proposed project/request: C~io^•g e e~ w Ss -~ Q ~,~,~ S'4~e S ~ u.c c.es~u r~cDa~Rs Proposed zoning district(s): C ~ G Acres of each zone proposed: ~ • ?~ac~es' Type of use proposed (check all that apply): ^ Residential ~ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): A~/.~ Who will own & maintain the pressurized irrigation system in this development? uj~+~ Which irrigation district does this property lie within? /V M-~ ~ Primary irrigation source: C ~~ Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water): 9 ? Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other 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 ^hulti-family Non-residential Project Summary (if applicable) Number of building lots: ~ Other lots: Gross floor area proposed: Existing (if applicable): it f ~ C S -~ l1,ow2 Hours of operation (days and hours): N'~' ~ qaw- $~~+ Building height: Percentage of site/project devoted to the following: Landscaping: 2 3 Building: 5• ~ Paving: 7~. 2 Total number of employees: '1 Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: ~_ Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) j, ~d~c L~I~jtti./° , '-,ufA~ ~: ri9r~sq /iN~ /D~/ G/. /'~~"ldr~/ /~~ (name) (address) ~4~'1c~ ~~.ArN~e (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: (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 ~~!~/k~,~-~.f , 20__~_~~___ (Sign re) SUBSCRIBED AND SWORN to before me the day and eaz first above written. - /riinY a GflRANI .SIMIC (Notazy Public for Idaho) Notary Public Stots of IdOtio Residing at: ~/~, / ~ My Commission Expires: TTY ~'~ ~, ~y( 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 15.00 BOISE IDAHO 0?J05I10 08:29 AM DEPUTY Bonnie Oberbillig III I'II'llllllll'II'I'lII'IIII'I II'II RECORDED-REQUEST OF 11001~~c~2 Instant Equity Properties CROSS-ACCESS AGREEMENT This Agreement is made and entered in to this ~ day of February 2010, by INSTANT EQUITY PROPERTIES, LLC whose address is 10221 W. Fairview, Boise, ID 83704. WITNESSETH WHEREAS, INSTANT EQUITY PROPERTIES, LLC is the owner of property more fully described as follows, to wit: (SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT "A") NOW THEREFORE in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: INSTANT EQUITY PROPERTIES. LLC shall provide cross access to the to the property to the immediate west by means of the attached legal description. While the property is being used for vehicle sales, cross access shall be limited to the west through the Fairview entry point. 2. "This Agreement shall be binding upon the successors, heirs, executors administrators, personal representative, or assigns of the Parties and upon all persons acquiring an interest there under, and shall be a covenant running with the title to the land herein described. This Agreement and the provision contained herein shall be construed, and interpreted according to the laws of the State of Idaho hereinafter adopted. 4. The Parties shall cause to have this Agreement recorded and made of public record in the office of the Ada County Recorded, Boise, Idaho The Parties hereby covenants and agree that this Agreement and the terms mentioned herein are specifically enforceable because monetary damages would be insufficient to redress the denial of such easement. (,. This agreement shall run with the land according to the Development Agreement as approved by the City of Meridian instrument # 109134178, unless terminated by the Parties and the City of Meridian. '~"~ Dated this ~ ~ day of February, 2010. Eddy"E. Christensen ;Its r~w,.~`-a Daniel A. Burrup Its: y~ a-z~--Q STATE OF Idaho) County of Ada) On this day of February, 2010 before me ~"~~ ~ ~ h ~~~ A Notary Public in and for the State of Idaho, personally appe ~ed Ed y E. C~stensen known or identified to me to be the person who executed this instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal the day and year first. above written. `~/1u 1 l l u,,,~I GgR SPFS. ---•--- Notary l~bltc tor-taan~ Residing at: ^~ i My commission expires: ~.. -.-~, .~ ~ o T,q ~ ~~ c~ ,~ . ~ .4.1 ~' ' ~ ~ [i L I ~: e ''.,9TH ••.....••'~O ~~.,. '~.. O F I D P ~•• ,~~~~//1111111,, STATE OF Idaho) Couniy of Ada) ~ On this day of February, ?010 before me ~ ~ ~~- ANotary Public in and for the State of Idaho, personally appeate Daniel A. B known or identified to me to be the person who executed this instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal the day and year first above written. Notary Pt4l~lic for Idaho Residing at: ~ I ~ My commission expires: •` lG E R S `••,. ~, • ~ =~~ n- - ~ - ~F ! D ADO Page 1 of 1 ~.~ /rte'`+"O+ r_1 ~~r I'Hf: i.:1\U C;Kt)t!N, ItiC January 4, 2010 Project No. 07185 Legal Description Instant Equity Properties, LLC Cross Access Easement 2,378 square feet Exhibit "A" An easement for the purpose of ingress and egress situated in a portion of the Northeast One Quarter of the Northwest One Quarter of the Northeast One Quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the North One Quarter Corner of said Section 7, which bears North 89°28'26" West a distance of 2,640.98 feet from the Northeast Corner of said Sections 7, thence following the northerly line of the Northwest One Quarter of the Northeast One Quarter of said Section 7, South 89°28'26" East a distance of 976.82 feet to a point; Thence leaving said northerly line, South 00°00'00" East a distance of 32.61 feet to a point on the proposed southerly right-of-way line of Fairview Avenue and being the POINT OF BEGINNING. Thence following said southerly right-of-way line 25.00 feet along the arc of a circular curve to the right, said curve having a radius of 57,245.80 feet, a central angle of 00°01'30", a chord bearing North 89°59'28" East, and a chord distance of 25.00 feet to a point; Thence leaving said proposed southerly right-of-way line, South 00°00'00" East a distance of 47.53 feet to a point; Thence North 89°5709" West a distance of 84.62 feet to apoint; - - Thence North 00°34'28" East a distance of 20.00 feet to a point; Thence South 89°57'09" East a distance of 59.42 feet to a point; Thence North 00°00'00" West a distance of 27.50 feet to the POINT OF BEGINNING. Said easement contains 2,378 square feet more or less, subject to all existing easements and rights- of-way. Attached hereto is Exhibit "B" and by this reference is made a part hereof- Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 208-939-4041 208-939-4445 (FAX) tio~ g Cs1 ST$ '~' ,4~, a ~ 12459 0 °~ ~~~' og 19~~. L . BSS' ~ • ~S~w 8 }riC j~~~7 ~ ~' .~-. is ..t~'1... ',~~. u 4': .. .' i .rit` .. ;; ( _. ! r ..,. , , . ,. :ir(, ,.: . , ,. ... i ':.! m vrww.thelantlgrouEnc cor t Situated in a portion of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 7, Township 3 North, Range 1 East, B M Cit of Meridian Ada County, Idaho N 1/4 CORNER y NE CORNER 209 SECTION 7 SECTION 7 ................................N89'28'26"W 2640.98'................ . FAIRVIEW AVE. \ ~- .. - V - - - - - 976.82' W~ _ - - 1664. t 6' NO'00'00°W -°o CD POINT OF 27.50'°0 M BEGINNING l - ~ ~- - .- ~, - - .. -... - .. - .. - .. I o ~.,~ ° ~ PROPOSED S89'57'09"E ,°oo ~ 10' R-O-W ~ 59.42' ~' DEDICATION I I NO'34'28"E N89'S7'09"W 20.00' ~ 84.62' CROSS ACCESS EASEMENT 2,378 SQ. FT.t Parcel No. S1 1 071 20650 Legend I Curve Table GURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH C1 25.00' 57245.80' 0'01'30" N89'S9'28"E 25.00' FOUND 5/8" STEEL PIN - - - FOUND BRASS CAP CALCULATED POINT - - SECTION LINE ~ ~C O EASEMENT LINE a 12459 °~ PROJECT BOUNDARY 9,9T9TE OF ~~P~4~ RIGHT-OF-WAY LINE '~~N L. BAy~ ~•is•~ tl~•L LAND . ._ __ ~ m« ~~ ~~ oai. ~ iµ/tu r,~ /~.-~. ~ LAND GROUP Exhibit B ~ ~_ ~1 ///,~~ nvcoxrow„m a,.N ox -- -- "'c ~~ =~ ~ ~ ~ ~~ Cross Access Easement ~ ~ ~~ r ' ~ `. 'Instant Equity Properties, LLG ~`"` ~,~,~ y , _ N .:_ . _.: _ 1 of 1 ..~ .~:.~. ~.: Boise, Idaho ~\ //,.~ ~I ~' er`' i s~ ~~ ~~ THE LAND GROL7P, INC. March 7, 2008 Bill Parsons Meridian Planning and Zoning Department 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 RE: Instant Equity-Letter of Alternate Compliance Dear Bill, As per your comments on the CZC submittal for this project, we are submitting this letter of alternate compliance in order to address a reduction in landscape buffering along Fairview Avenue (North side of the project) and a reduction in buffering at the adjacent residential zone (South side of the project). This reduction is necessary in order to address auto display area and the resulting circulation requirements for the site. We hereby request approval of the following method for alternate compliance. Fairview Ave. Buffer Proposal: As noted during discussions with staff, a reduction to not less than 10% of the depth of the lot is a possibility as long as an alternative to the full 25' buffer is provided. It is my understanding that in conversations with the owner (Daniel Burrup), you had indicated that additional landscaping could be an alternative. Our proposal is to reduce the buffer from the 25' requirement to 17.5' (a 30~ reduction). As an alternative we propose to add 2 street trees (a 33°~ increasej; and the addition of 23 densely planted deciduous shrubs arranged in a planter to soften the angular shape of the future building. The existing lot depth is 175.61' hence the 17.5 foot buffer meets the 10% minimum requirement. Residential Lot Buffer Proposal: As noted during discussions with staff, it was discussed that a reduction in the rear buffer could be obtained with the addition of an 8' high screen fence. The plans include this fence along the entire southerly boundary of the property. A detail of this fence has also been added to the CZC drawings. We respectfully anticipate an affirmative response to this request. Should you have any questions or concerns, please do not hesitate to contact us. Sincerely, The Land Group, Inc. Roger ollins, Planner .iai, r,; ;,,,, r t . ,-1r.- tc::~r; • `...;:t. r r '- - ] ,;~; • . ~; >'y rr ,; r ~ ,,, r 'r. %i1:i~C [?j.> ii 1^ ~l,~t Yf37,~ t ,. ~~..ri: <Yir t;" [t.r :- 1..11:: i'lii; (.rl:cd:':i~ t 0%iJTi f,' ~<it% .::i::i ~ ~> ~G? 1 ;.~.}3c~re l.hi~ r:. ~:ie. 1=!t ), ~,t~;le, lci~~l.~a ?~;itil.{i . [> ?~1~.'1 ~`~.-4{.!-tl f ~0~.`:>>`).-4~-Fi • t~~~ti».tl~eio->.s.i.;,~rr~e~pinc.c~;rn. :i // .-~ ~~ ~~~ . THE LAND GROUP, INC. January 14, 2008 Revised March 7, 2008 City of Meridian Planning Department Re: Instant Equity Auto CZC Narrative The following is a narrative explaining the project requirements and detailed description of the Instant Equity Auto project located at 1065 (Phase 1) and 1139 (Phase 2) Fairview Avenue. The CZC application submitted here is for approval of the Phase 1 construction. The Phase 2 conceptual layout is included for clarity of why certain aspects of the design are presented as they are, as well as to give a master planned look at the overall property as an agreed-upon vision into the future use and layout of the properties. PROPERTY DEED: copies on file with original submittal. AFFIDAVIT OF LEGAL INTEREST. COpI@S On flle Wlth Oflglnal SUbmlttal. SANITARY SERVICE COMPANY APPROVAL: Attached is a revised copy Of the approval form from Doug Mason at SSC showing the revised location for the trash enclosure. PHOTOMETRIC REPORT. included in the drawings as sheet S1.03 is a revised photometric study of phase 1 including details of the fixtures and poles. RECORDED PLAT: There is no recorded plat that includes these properties. ADDRESS VERIFICATION: copies on file with original submittal. PROJECT DRAWINGS' Four full size plans and one reduction to 81/2" x 11" of the revised plans are attached. The site plan has been revised to show the new configuration of the buffer at Fairview Ave. and subsequent layout revisions to accommodate the change. A letter and fee is included in this submittal outlining the request for alternate compliance as mentioned in comment #1 in an email from Bill Parsons dated 2/5/08 for both the required landscape buffer at Fairview Ave. and the rear landscape buffer at the residential property. _5_i' : ~: Id:1_` • J.C?1:;.+.47ti ,i`>:!.'L..::7 it i ( ~ ?.;J::'r'I7 S • T ,J.. ./Ji f f T _ Jr !/ C.~' 1: ~ r ,'Y. s.,, • C ~;-i' C ' r.~j:i':'La.'(i:.. • .~s, 4(~2 L;. ~l.x're L)i~iet, :pie. 'li!i?,:f:~agle. Ic~la.tfo ~3G1G • p .:i).939.4t?4I 1.~ ~t3:~.='3':t.-~-~-~a s ~sn:~~=.t}zelancl~f'Gif~1:tI.C..Cc~i11 March 7, 2008 Page 2 of 3 Regarding item #2 in the email mentioned above; we believe there is a misunderstanding in the proposed use and design of the project. The "parking lot" (customer parking) for this project is only a very small area of the development. The large majority of the development is for vehicle sales display and not customer parking. Therefore, we feel that parking lot replacement is far less than 50% asmentioned in the email. Per the UDC section 11-4-3-38, interior landscaping for a vehicle sales or rental use is calculated at 1 sf per 50 sf of display area. The landscaping plan exceeds this requirement. The landscaping calculations have been re-formatted to clarify how the areas were calculated: Regarding item #3: We have not included cross access agreements as requested. The owner to the west has been totally un-cooperative and in further discussions with ACHD, they are looking at future access coming from that property. We are currently in the process of resolving the access issue with ACHD, through an attorney and traffic engineer. We respectively request this not stymie the review, but let the CZC move forward and conditions be added to the approval to address the access issue as it is resolved through ACHD. Regarding item #4: The photometric plan has been revised and details added as requested. Regarding item #5: a fencing detail (picture of a completed 8' high vinyl fence) has been included on sheet S1.01. Regarding item #6: The properties involved are both assessed with surface water rights for irrigation out of the Ridenbaugh Canal. The existing delivery system, however is on a scheduled rotation and not available 24/7 which would preclude the use of a pressurized irrigation system. We have included a letter from the Nampa-Meridian Irrigation District to that effect. Regarding item #7: Photos of the existing building have been included on the new sheet B1.01. S:(c' 1~//r !ilk • ~.c,'/i;.~.~:7T; •r:.'~; Ch3IC'i::Yc • C 1. il_:!'„~17itti ~ ~rf' (.q.. S ~ i,><::rittfr ~7 T !r~%%:<ir.'?.'titi ~ ~~•',.'b'..: ~ ~i~7li.'ta,%Fr.7iFS!ili ~ ~S~.:I J,'iitl,:> ~631~. ~ho.re .L?use, Ste. 2~~1), L;a~~lc. I.~~a~~t> ~;1~'!G • 1' ~i:=~,<>;,<~.4j;4I I~ ~(.!~?.~1>~).=~-!-4~ • ~t°~a'~t.t}ielaridgroupu~.c.co~~~ March 7, 2008 Page 3 of 3 Please advise if you have any further questions or concerns that need to be addressed in this narrative. Sincerely, Roger Collins, Site Planner THE LAND GROUP, INC. Grr,,, ..• (.r,,, SI,: t~,:. r 'i:,,_ ~ ~-[717:X,4 !T -) {: ,,,.,7:Yi • L j1(T,SsI %'i'l.'y • (r.I j ~.Aar,Sc' fr"%~.y:; fiJfr ~!~ FYr y'i±c'df; lip • ~'~r rT,i,".J!:c:r%:v!! • .S :O %'r•'~!15p~ -1{ 2 1~ ~1..aarr~ 1..?ri~c, ate.. 7 j'ir, Lagle, lc-lah.o 53f,•!G • i' ~(.}8,~>3'>.4~)41 I~ ~~l`?.~>3~>.~1~7 • ~cr~~•~~.[t~el:jnclgrauF~inc.co~n ~~ ~ LandAmerica Transnation Order No.: 1055778-bc FOR VALUE RECEIVED ADA COUNTY RECORDER J: OAYiG NAYARRO AMDUIiF 12.00 4 llQlliE IDAHO 0712'!!07 04:42 PM GEPUi'Y OallOartrfl ! p REGORGED-REpUESt OF ~II I111111l1I11IlI~IIl~I1~I~lq Trenaaa0an Title i @710ss36 WARRANTY DEED Aaron Hyenas, a married person as sole and separate property and yustin Walker, a married person as sole and separate property GRANTOR(s}, does(do) hereby GRANT, BARGAIN, 5Ec4l. AND CONVEY unto: Instant Equity Properties, LLC, GRANTEES(s}, whose current address is: 1065 Fairview Ave., Meridian, ID 83682 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE AITACNED EXHIBIT "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor{s} does(do) hereby covenant to and with the said Grantee{s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from ail encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any} for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from atl lawful claims whatsoever. Dated this~~ay of July, 2007 ~_ .J Aaron Hym s Ti ny yen' tin Walker kie Walker Order Na, 1055778-bc Deed-Warranty 7/26/07 8:30 AiN n State of Idaho County of r~ ~`~ Order No. 1055776-bc On this ~ day of 7uly, 2007, before me the undersigned, a Notary Public in and for said state, personally appeared Aaron Hyenas known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me Chat he/she e toted the same. °0a=p°70C'C~~~,° a 1~ ~ .,.~ ~' ~°~ .r '. Notary Public Name: ~ "L•., R ~; Residing at ~ '' rock t3. Condte '~'' ~ A t1 s LL~' ~~ My Commission Expired ~ o fle9lding Al:lVampa~ idsho •~'L~,v^,~' oOO°uouoo~ °~''~`C'o4~S4 t~atur~~lon expires: 02~' X08 "~°,.'~ TE p~ ;C~ u~'' State of Idaho ~'°Dp°°.::°s°o=~° County of ~°'~ On this 2-!~ day of 7uty, 2007, before me the undersigned, a Notary Public in and for said state, personalty appeared Tustin Walker known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. ••, Notary Public Name: -- iy ~,' l?G.~A,~ ~ r4 ~ '~; Residing at ~; My Commission Expires: ~' """`~ pU~LEG ~3 Bt'OCk 0. tbrxi{e . v j,°~~ o, ~, r ,$t) ~ ~ i ae~rosc: i~iempa, lcinh~ •'~~. qr=°°~~° ~~...,,~ Comm~slotl expir8s: x-02 2006 `°~°°°p~ Jfl oy ~.y;•'' Order No. 1055778-bc 7/26/07 6:30 AM Deed-Warranty ~- State of Idaho, County of Ada, ss. On this 26fb day of July in the year of 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tiffany Hyenas known ar identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument and ac owledged tome that he/she/they executed the same. ''on~co.;aaooroaoo0. O ~ Q ~Of.J00 ~ yt. f~j~ ~°~' Notary Public u ~ ~' o f ~-~C CJ h }• Residing at: ~ ~ ~ ,; My Commission Expires: ~,o ~~°o'°UsL~G~fi 6 i~lOC~ Q. COCIf~@ d°oe'~'.y o°oonvoooJ~ ~~`~~oo? Reslding 8t: td8m~, Idaho °OOO~~oO F ` ~~9~~ co Commission expltea 02-02.2QDt3 State of Idaho, County of Ada, ss. 0n this 26th day of July in the year of 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Jackie G. Wallcer known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument and ac wledged to me t he/she/they executed the same. o~oaso:aa:aaaoooo Notary Public •,°•G~°~°°"'°°°~~~ °"°. o Residing at: ~ ~ ~' ~ Att Y ~b ": My Commission Expires: "' ~ ti~~_,o~ ~ _: C 0 p~ "~, P u ~~v ~',~~ 13rodc Q. Condte ~ o ' Residing at: Nampa. Idaho '"~e ~S'~°Op~oa~~° ~p~'po' Commission expires: 02-Q2.2008 °°~,r'~ T&. 0~ `,,9: ,. .:; Order No. 1055778-bc EXHIBIT "A" PARCEL I The West 208.71 feet of the East 417.42 feet of the North 208.71 feet of the Northwest quarter of the Northeast of Section 7, Township 3 North,. Range i East, Boise Meridian, Ada County, Idaho EXCEPTING THEREFROM a parcel of land conveyed to the State of Idaho in that certain warranty deed recorded Tune 24, 1955, as Instrument No. 378979, records of Ada County, Idaho, and being more particularly described as follows: A strip of land. lying s}tuate between the North tine of Section 7, Township 3 North, Range 1 East, Boise Meridian, and a line parallel to and 50.0 feet distant Southerly from the following descr}bed center line of highway as surveyed and shown on the official plat of U.S. 30 Project No. F-3281 (5) highway Survey on fife in the office of the Department of ' Highways of the State of Idaho and tying over and across the West 20$.71 feet of the East 417.42 feet of the North 208.71 feet of the Northwest quarter of the Northeast quarter of Section 7, Township 3 North, Range i East, Boise Meridian. Beginning at Station 54+47.0 of the said Nighway Survey, which station is a point on • curve approximately 17.0 feet North and 918.0 feat East from the North quarter of • Section 7, Township 3 North, Range i East, Boise Meridian; thence 211.0 feet with a 0°06' curve right, said curve having a central angle of 1°15' to Station 56+58.0, which station is a point on curve approximately I8.0 feet North and 1,129.0 feet East from the North quarter corner of Section 7, Township 3 North, Range 1 East, Boise Meridian. • PARCEL II ' A portion of the Northwest quarter of the Northeast quarter of Section 7, Township 3 North, Range i East, Boise Meridian, Ada County, Idaho, more particularly described as follows: • Commencing at the Northeast corner of the Northwest quarter of the Northeast quarter of ' Section 7, Township 3 North, Range i East; thence West along the North tine of Section 7, a distance of 85 feet to the REAL. POINT OF BEGINNING; thence continuing West along the said North fine of said section, a distance of 123.71 feet; thence South and parallel to the East boundary of said Northwest quarter of the Northeast quarter, a distance of 250 feet; thence • East and parallel to the North boundary of said Section 7, a distance of 123.71 feet; • thence North to the REAL POINT OF BEGINNING. EXCEPTING THEREFROM the Northerly 30 feet for road right-of-way. Order No. 1055778-bc Oeed•Warrapty 7/26/07 6:30 AM Vicinity Map -Instant Auto Equity SCALE 1:2,466 200 0 200 400 600 FEET '1 01-21-'08 11:38 FBOM-SSC 2088885052 T-915 P001/001 F-669 OJJ11d Jul~nb3 J.NV.lBNi ~~~ o1.nd ~1tnD311Vb1SNl i, ~~~ ! t ' . ~~ ~~#i~~ ~ ~ ~ i 1 1 t • ~ .. ~ .~ •••'y .. .... .. i -.. ... i t .. .. ., `,. f.. ~. ~, ~~. , t ' i I ~~ ~ J i r ~w11 -~~ • + ' •. ~. .Y, N ,. • f~ . ~ _... . ~, ~' ~ ~ ~ . 3 ~ ;~ ,. ~ _ ... i ~ . ~ .. - ~u ~.:.1 S ~~ Rl C ~„ ! ~, ~. ,,;=_ .~ ~~IR .-+' ... ~~ I W 0 w cn ~1~~ ilk .i~i~ ~~ i• b: ~ ~t y ~h.^!i~ !}i ifi ei j5~ (~l ~ ~ ~, i , ~ t, ~ ~ 1 ~~ ~ t ~w , . .~i f ' ~ ,__ y . , , ,ti r~ Mawr ~ , ~'~ r c `AMA V rr ~ Ja~.l1. 2008 12~31PM MAYpR ?any de Weexd CrrY CovtJCU. lvl~ra~s ~a joaeph w.fio~ e3~feslvl.x~omtm n~rvid z~+em6a QTYD~~-xr~v~s ~A~g/~ ??r1i S. Main Saees a9s-,~asCc~.Aem~„~ S~i~,~x Parks 6<ROtraation n w Hower street ~~ae~-ssoi seo is w~as~t s~dtezOz 584~3/fmc888~6854 ~~ l~Ol E. Watertdwa Stet! 858-6678 ! dac 81~6.736b Folic Wks bbOE Wata~v~5t+aet Smte2DD 848-.SOD/ fine 895-98rii sso~,~vags~r s~asa 8877,1 jlaxBSry 1Z9! - S~(WW7.pj 3+101 N TmM~Tr Read 888-71911fax BB4•Q74g - Wafer 2235 N W.Bth Sweet 88~ f fax 88~Ii99 aA~: ~o~sorzoo~ No.3947 P. 2 X"O ~''~V100 "1`he following address has been verified by The City of Meridian Public Works De~pa~rtment as valid for the project listed below. Project Name: INSTANT EQUYTY AUTO? Address: 30b5 E. Fairview Ave. Suite #: z~ Cody: s~r>~a LotA Bbtk/ Subdivision: i\btes: Renovation to an existing befilding EACH SET aF PL.ANS WILL B.E REQUIRED TO (EARLY REFi.~CT T1-lE CORRECT ADDRESS ANb SUITE NU~IIIi3Q2 (I~ APPtIC1181~. !~1"le 61enn I~ej~artlnent Specialist Public Works 898-5504 glennk@meridi4riciiyorg CITY HALL BAST IDAHO AV'~NUE ME~IbIAN, ID 83642 (208) 888-4433 QTY C[~K- SAX 886-4218 AT70RNLY/HIt- PAX 864-8723 FIhANCS & Vi'II.IiYBILLII~TG -FAX 887-+1813 MAYOit'S OFi•ICE -FAX 588119 ~~ ~~~ ~ ~ ~ ~ ~ r ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Greg Baer The Land Group, Inc. 462 E. Shore Drive Eagle ID 83616 RE: Instant Equity -Surface Water Delivery Issues Dear Greg: I am in receipt of your fax dated February 13, 2008 regarding the above-mentioned subject. You are correct in your statement that water is on a rotation and therefore inadequate for landscape irrigation as it is not available twenty-four hours a day, seven days a week. Therefore a pressure irrigation system is not feasible. In the future there is a possibility of hooking up to an existing pressure irrigation system when the land to the east of this site is developed. Sincerely, //jj a Bil~ son Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: File -Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 14 February 2008 C •y ' ~ ~ r~ 7. .. ~ ~ l/ ~ X X N 7 U1. p' N ~" m "' ' ~ ~ . -• ° o ~ :. ~ a N ~ n ~ n . m m x x ~.._ ~, , ~ 7D m a. m.. w _ m m> < . ~ .. ~' ,. °'., 0 f` I' I ~I ~. I. 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IF a c~ $ ~ s g y 9 ~ ~~~~~ ~~.a ~ ~ ~~~~~ ~ ~ 0 0' ; B y~ N ~ ~ t' (` ~ '~,~j I ~~'~~~~ ~ ~~t`~t INSTANT EQUITY AUTO INSTANT EQUITY AUTO b I{~ ~ °"°°"`°°' Ca T $ ® ~~e;i I ~~~~tl~ ~ ~~~ CZC SITE PLAN PHASE 1 4~ ~~ e 6 ~ ~ ~ ~ MERIDIAN, IDAHO ~ 11 ~=' ~~ =' I~ ~~ m _ n 0 N C ~D v w ~. -~ ~~I ~A I! ~" ~~ ~ ~~ ~ n ~~~ ~~ € ~ o €~e ~~^ q~ ~~~ !~ i ~ ~ CD 7 O N v m >y N ~ _ I a.~ I I II ~ I I I ~I ~~ D f ~ ~ 1 ` ~n ~~ I= io i" i i ~.,a I ~ I I I 1 I -- -- __ ~ ~ _ ,~ :~- ~~~ ~ ~ ~~ o I! ~ ~ ~ ~~~ ~T~ of ~ ~ a ~ ~ w ~ ~ ~ ~~ ~ ~ ~ ~ e~ ~ ~ ~~ ~ r~r ~ ~ r ~' ~ '~~fr I I~"~~I~ ~ ~ INSTANT EQUITY AUTO INSTANT EQUITY AUTO if jai "'° _ ~ ® ~~g~~ \ ~~ ~ ~~~ CZC SITE PLAN PHASE 1 1~ ~' Q g g~~ a~ MERIDIAN, IDAHO I "I~ ~~ •F R a ~. .. ..., .r ~~~~~~ o ~f~~}~ i~~~j ~ ,~~~ m E ~Z 0 Es ` ~§~ ~ ~~j e }~~ ~ ~ c: E 8 i b a~~~ c~ ~ ~ a ~ ~ ~ i ~ ~ ~~ ~ S ~ ~ O z I _ _ e- -- ~~~ Y ~ m I r ~ ~ - `\ ~ I \~\\~ I d \\ \\~.\ ~~ I \- \~~ ~\ \~<' I \\ \\~ J ~-----------------~ I I ~ ,. I ~~ I ! I t ! L_________________~ '; I .~... Y - I 11 10. a i ~ I I ~ i I I ~ I ~ I I i I ~ i I I ~ I I I I I I __ I -- -- - I I I I a n w m w vp ~x c ~~~ i o e~~~ ]p~]~ ~#s~ II ~ O ~~~~ ~eY ~B~E Y Y C ~. ~ E{E is ~~ i aE,~ ~ is ~ ~ ~ 'p a i@5p 4ia Ea ~ ~®~ ~~~t~ l~ ~ ~~~~ t~'~i ~ ~~ PHASE 1 INSTANT EQUITY AUTO ~~~~~ ` 4g ~{ ~~~1 ~~'~ @ CZC LANDSCAPE PLAN 1065 FARVIEW AVE. ~ 5 MERIDIAN, IDAHO N ~I ke ~I ~~ rtl 'h