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Yogurtz CZCV 11-018~I~~ E IDIAN t. ~ z~ ~. ~' ~~ R ``~ i `~.% September 23, 2011 Mr. Dan Scott Excalibur Investments, LLC P.O. Box 931 Eagle, ID 83616 RE: Yogurtz -1560 E. Locust Grove Road (CZCV-11-018) Dear Mr. Scott: MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter confirms the approval of your certificate of zoning compliance verification application to change a portion of an existing building from retail to restaurant. The approved restaurant use is to occupy 3,100 square feet of the existing 7,100 square building and the remaining 4,000 square feet is to remain retail: If you should have any further questions regarding this matter, please don't hesitate to contact Bill Parsons at (208) 884-5533. Please contact Building Services and the Meridian Fire Department for specific permit and code requirements. The applicant, director, or a parry 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 Department on or before July 30, 2011, within fifteen (15) days after the written decision is issued, and contain the information listed in Unified Development Code (UDC) 11-SA-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. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web-site at www.meridiancit~org departments/planning/comment card to fill out a customer survey and give us feedback on how we are doing. Sincerely, Pete Friedman, AICP Interim Planning Director Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org E IDIAN*:-- 1DAH0 Planning Department CERTIFICATE OF ZONING COMPLIANCE VERIFICATION Application Checklist Pro'ect name: ~C 1,~~ N z File #: GZC U' JI ' D D A licanda ent: ~ i~1 - A C~-1 I ~C~ ~ All applications aze required to contain one copy of the following unless otherwise noted: Applicant (`~) Description Staff (~) Com leted & si ned Administrative Review A lication Letter and/or Narrative full describin the ro osed use of the ro e Recorded warrant deed for the sub'ect ro ert Affidavit of Legal Interest signed & notazized by the property owner (If owner is a corporation, submit a c of the Articles of Inc oration or other evidence to show that the on si is an authorized a entJ Written confirmation that a change of use is not required and/or has been submitted for review to ACRD. Please contact Mindi Wallace at 387-6178 or Christy Little at 387-6144 for more information. Scaled vicinit ma showin the location of the sub'ect ro ert Co of the recorded lat the ro ert lies within (8 t/z" x 11") Address verification letter from Develo ment Services (887-2211) Fee (If this ro'ect had rior a royal on a site lan, reduced fees ma a 1 ) ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD 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. THI5 APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTII. STAFF HAS RECEIVED ALL REQUIRED INFORMATION. l~ ~ ~. i~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (revised 6/02/2011) E IDIAN*:--- I~aHo of Review au that ^ 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 Planning Department ADMINISTRATIVE REVIEW APPLICATION j~~ STAFF USE ON/L~Y~:f /~ f ~~/e~,.1'~~(~,`,~ ~~~;e t'! ~~ `~~~ r,t File number(s)• Project name: 4 ~ Z Date filed: Q~l-Z-~~ Date complete: ^Z? Assigned Planner: ~r,~ ~ ~a11'S~g Related files: Applicant Information Applicant name: ~/~LI ~,,ri l IV Vi-~~ I ~-1l J~(l 1~~ Phone: Applicant address: .~>, ~Ox ~ ~~ ~ C~~C~L~t=, .S~ Zip: g ~ ~O (~O Applicant's interest in property: ^ Own ^ Rent ^ Optioned ^ Other Owner name: ~ N~~/ p{~I~~J T~(~ 5~ Phone: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): 1~~f ~ V ~ b ~~--- _ Firm name: ~(~l~i~~j , I_ L~~.(.a ("T~,~-G~,TI > 12~- _ Phone: ~~ 2-2~ ~ `J Address: ~~-~-1 ~ w , ~ ~ M ~I ~ '' 7~ ~5 .~1.~)Ur~ ~ Zip: ~ ~~ ©~ Primary contact is: ^ Applicant ^ Owner Agent ^ Other Contact name: E-mail: ~_ Information Location/street address: ~ ~~J N - .L ~ ~ U ~ 1 ~~/ V Phone: ~ u ~ ~ 2 ~ ~ 5 Fax: 3~(2~2 t ~ 5 Assessor's parcel number(s): ~"~' ~ t a ~ 2 `~ ~ ~ o r r~ Township, range, section: Total acreage: ~ ~ ~/~ Current land use: ~ ~ C C~ ICI ~ ~ VL (_.,17 ~ ~.~Current zoning district: ~r ~~ ~LI~ ~ o c,~y wc~~ v ~ ~~ 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/subdivisionname: y4C~U~I Z 1`~.C'S~f'Iat~~~T General description of proposed project/request: C'~ 1_~~~ f= I [~I LI-= ~ 1 G2 U5-= ~Q~M ~~ r-EdLC.~(,VUG-~ V t f~~U T'G~ ~ A_ ZIT ~ ~U ~ i Z ~ST~I~L,t~t~l T" Proposed zoning district(s): ~• ~`a Acres of each zone proposed: ~ ~~ ~ ~ Type of use proposed (check all that apply): ^ Residential (Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): [mil /~ Who will own & maintain the pressurized irrigation system in this development? GWN ~ 'C~.~,N h p~~Ly Which irrigation district does this property lie within? ~Z ~~ Primary irrigation source: Secondary: Squaze footage of landscaped areas to be lrrlgated (if primary or secondary point of connection is city water): Residential Project Summary (if applicable) ~,~ Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. gazage): 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: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) Number of building lots: ~ 1`I E Other lots: ~~ ~ Gross floor area proposed: ~ ; ~ ~ ~-~ ~~ Existing (if applicable): Hours of operation (days and hours): ~ ~~~I ~ ~ 2 ~''~ " ~ Q Q~ Building height: ~O ~ Percentage of site/project devoted to the following: _ Landscaping: ~ U /U Building: L ~ ~ ~ ~L~ Paving: ~ -1 • IC~~G' Total number of employees: _~ Maximum number of employees at any one time: Number and ages of students/children (if applicable): i~ ~` Seating capacity: Total number of parking spaces provided: ~~ Number of compact spaces provided: Authorization Print applicant name: ~-~g Applicant signature: 4Z' ;:,f{! 33 E(Brc Phone: (208) 884-5533 SUN r~~~~-- ~ n~r~~=LL ~t?~~- i~c` r~ ' ~„j 71 di~ Date: ~1~~ i C. ay Avenue, Suite 210 • Meridian, Idaho 83642 Facsimile: (208) 888-6854 • Website: v/ww.meridiancity.org 2 EXCALBUR INVESTMENTS, LLC. 156D NORTH LOCUST GROVE MERIDIAN, IDAHO 83642 208-871-7471 September 20, 2011. MEMO TO: Planning Department City of Meridian ATTN: Bill Parsons RE: YOGURTZ Restaurant- (Old Hollywood Video site) 1560 North Locust Grove Meridian, Idaho 83642 We propose to open a small sit down frozen yogurt restaurant at the above referenced address. The atmosphere will be family oriented with a very warm, friendly ambiance. Our planed hours will be from 11 am to 11 pm. Our use will occupy approximately 3100 square feet of the existing 7100 square foot building. We are requesting that zoning for our portion of the referenced space be changed from Retail to Restaurant. Zoning for the remaining space would stay as Retail. The old Hollywood Video signs have been removed and we will not be making any changes to the exterior of the building. We will patch/repair the exterior stucco and repaint the exterior walls. Should you need any additional information or have any questions, please call me. -//y73 2_ WARRANTY DEED For Value Received RALPH E. TAYLOR, TRUSTEE OF MERIDIAN TRUST . the grantor , do hereby grant, bargain, sell and convey unto RANDALL E. PRESLEY, TRUSTEE OF THE P,ANDALL E. PRESLEY TRUST DATED APP,IL 4, 1983, AND A1iENDEp AS QF FEBRUARY 25, 1992. the grantee ,whose current adddress is 3151 AIRWAY AVE., SUITE F-207, COSTA MESA, CA 92626 the following described premises, in .....SBA ................. County Idaho, to-wit: See Exhibit "A" for legal description attached hereto and made a part hereof. X8000951 ~1 ~oo° 9~5`/ ,; .~. v. iJ,.t .., 1~....~11 3G~~_ ~~ FIRSI• NMct•it~.Mly ®I'LE CO. rg~ j P~1. ~:;. - --- .._ ::~:aT cl ,.i:c. TO HAVE AND TO HOLD the said premises, with their appurtenance: unto the said Orantee heirs and usiltna forever. And the Arantor do hereby covenant to and with the said Grantee ,that he the owner in fee simple of acid premise; that they arc tree from all encumbrance . and that he will warrant and defend the same from all lawful claims whatsoever. Dated: October 27, 1997 _ h E. Tay r Tivstee STATE OF IDAHO, COUNTY OF On This day of , I , before me, x notary public in and for said State, rsonally appeared known tome to be the person ,Ylfox name subscribed to the within jdstrumenr, end scknowledaed to me thst ~ executed the same. STATE OF IDAHO, COUNTY OF I hereby terrify that this instrument was sled for of al minutes past this ay of 19 , in my office, and y recorded in Book of Deeds at page Ex-Officio. Recorder a~ rcrtuest I o'clock m., II "' z O Deputy. __ SK .ut.xrr. Notary Public ~ ~ t 117: I ter: at ,Idaho Expires ~~~ ~L,L6' First Ames°~icc~~t Title Co~r~t•pcc•~t?/ of I~~alt.~> ~ EXIIIBIT "A" Parcel 1 of Lot Line Adjustment Survey, recorded as Survey No. 3963, recorded August 6, 1997, as Instrument No. 97062760, being a portion of Lots 15, 16 and 17 of PLEASANT VALLEY SUBDIVISION, as filed in the office of the Ada County Recorder in Book 12 at Page 665, official Records of Ada County, Idaho, located in the Northwest Quarter of the Northwest Quarter of Section e, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South 00°26'54' West along the Westerly boundary of said Section e, 256.15 feet to a point; thence leaving said Westerly boundary of said Section 8, South 89°58'56" East 45.00 feet to an iron pin on the Easterly right-of-way of North Locust Grove Road as per Instrument No. 97031850, and being the REAL POINT OF BEGINNING; thence North 00°26'54" East along said Easterly right-of-way, 198.90 feet on a line 45.00 feet Easterly and parallel with the Westerly line of said Section 8 to an iron pin; thence leaving said Easterly right-of-way North 45°13'58" East 28.18 Peet to an iron pin on the Southerly right-of-way of U.S. Highway 30 (Fairview Avenue); thence along said Southerly right-of-way South 89°58'54" East 33.79 feet; thence South 89°32'43" East, 176.39 feet on a line 58.00 feet Southerly and parallel with the centerline of U.S. Highway 30 (Fairview Avenue), as per Instrument No. 97031850 to an iron pin; thence leaving said Southerly right-of-way South o0°26'59" West, 217.40 feet to an iron pin; thence North 89°58'56" West, 230.03 feet to the REAL POINT OF BEGINNING. STATE OF CALIFORNIA }sa. COUNTY OF ~F~AN(a-~ } on h~~~3k 3~ ~~~ ~ before me, ~-(.4ttf'0~ F• ~-~L'~^~~'l~ ~N~'tc~1,t~`~r~,~ic• personally appeared • '~~t '~ ' personally known to me ( V -e€ -~;,~ --~~ ' ~ °) to be the person (s) whose name (s) is/are aubscribed~jto the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument the person(s) or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~p ~ ui,'~rl,'L~!'1 ~ ~ ~,~'~ Signature ~~. ~W~ INANE~IEVBr ~' Cpw~pn111061/) ,~.;~ nlelo~Ntlc-Cda~uo This area for official notarial seal) 1„ ~y C~~gp~.1d~11.lOOD AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, DAN MICHAEL SCOTT, 1560 N. Locust Grove, Meridian Idaho, 83642 being first duly sworn upon, oath, depose and say: 1. That I am the agent for the record owner of the property described on the attached, and I grant my permission to: LARRY SUNDELL, ARCHITECT, 4410 RIM STREET, BOISE, IDAHO 83706 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 staffto enter the subject property for the purpose of site inspections related to processing said application(s) SUBSC ED AND SWORN to before me the day and year first above written. ova- a-a3 -~ ~ Residing at: 1 ~~ ~~ } ~ ` ~ ~ ~~ My Commission Expires: ~' ~ \9 -( 1 :'~~l ~' ROG~''•. P ~~,......~~ ..~ ~QTA$p • ,~i~ _ ~~ • i ~ ~~ ~ 'iz PU~`t't ,• ~~ ••.,'~TF.OF ~p~~• ._ Subject: Re: Old Hollywood Video Site Date: Tuesday, September 20, 2011 4:16 PM From: Mr Yogurt <mryogurt@rocketmail.com> Reply-To; Mr Yogurt <mryogurt@rocketmail.com> To; Christy Little <Clittle@achdidaho.org> Cc: "Isundell@gwestoffice.net" <lsundell@gwestoffice.net> Conversation: Old Hollywood Video Site Christy, You have given me good news and i am going to proceed with the project. Thank you VERY much. When we open, we will extend an invitation to your office to visit us for friends and family night and help celebrate our opening. Best regards, Dan. From: Christy Little <Clittle@achdidaho.org> To: Mr Yogurt <mryogurt@rocketmail.com> Sent: Tuesday, September 20, 2011 3:42 PM Subject: RE: Old Hollywood Video Site Dan, Although it doesn't appear that there was an impact fee paid. on the original building, you will still receive the Prior Use Adjustment for the previous tenant. Because you are only serving frozen yogurt related products, and there is no addition to the building or addition of a drive-thru window, there will not be an additional impact fee due. Christy From: Mr Yogurt [mailto:mryogurt@rocketmail.com] Sent: Tuesday, September 20, 201 i 3:34 PM To: Christy Little Subject: Re: Old Hollywood Video Site Hi Christy, Yes, we only serve frozen yogurt. No other foods or products served. Best Regards, Dan. From: Christy Little <Clittle@achdidaho.org> Ta: Mindy Wallace <Mwallace@achdidaho.org>; <mryogurt@rocketmail.com> Sent: Tuesday, September 20, 201], 10:15 AM Subject: RE: Old Hollywood Video Site "mryogurt@ rocketma i I . com" Dan, Could you please provide me with a little more info on your store. Do you only serve frozen yogurt? Other foods? Thanks! Christy Christy Little Program Administrator Development Services Ada County Highway District (208)387-6144 From: Mr Yogurt [mailto:mryogurt@rocketmail.com] Sent: Monday, September 19, 2011 9:33 PM To: Mindy Wallace Cc: Isundell a~gwestoffice.net Subject: Old Hollywood Video Site Good Morning Mindi, I am considering a use for the the old hollywood video building at 1560 North Locust Grove, in Meridian. I would remodel the existing building. My proposed use would be for a small frozen yogurt restaurant. No drive in or drive through will be provided. No to go service will be provided. I will offer sitdown service only. My funds are very tight, so before I make any committment, I want to make sure that since a significant ACRD impact fee has previously been paid for that location, that there would not be any ACHD impact fee due for my proposed use. I believe my proposed use will have considerably less impact on. ACHD assets than the previous tenant. So that I may make a determination as to whether or not to continue with this project, your earliest reply would be appreciated. Thank you for your consideration. If you have any questions, please don't hesitate to call me. Best Regards, Dan Scott 208-871-7471 Z 9 D So# ~~~ $~ ~± w~~ ~o -m n= N D O N ~ pA W .121 p Z J~ ~ BASIS OF BEARING N 00'26'54" E 2649.60 N. 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BP7 i ai ' .... .... ~... _. .,.. ,_ .. ~ "Y ..y..„a.. ' aiFx~~~~ .. F .. NN++ _. .., ~ 7t~",. ' { ~ ,a ~ 5 t . ~ - ~ i'KU,t' -~ ~. . .,. , ~ ~ , ~~ F""' t . ,. ..:=~ ~. ~,~ ~ .. ~._ M .. - ~ '~ ~ (.yy~ ~ s w [ . w ~ p- . x 5, Y"5 y, ~ 6 ~ S~C~ ~ ~{ y1 jp~~ Tik"t:: 111 ~ ~~~ ~ ~ ' ~Y r ~ ~ O ~ ~ _ ol'Ep&. _- wf`3p i ~ R ~ v Y y 4 x C' M~..p ~: ~ j ~y i '~ ~ ,~w~ ° ~. g~g d 4.. ! z ,.l 3 .Y " T .~3 .Yd ~jp . G 2'b~ A Y` ~'~ ~ P ~ ~ ~ .' . . `x ~ ~ a ~ ~ Xi6 r 4 .+ FTk~ t ~ . 9 ~ 3."5, ~ y j .. ~ g~ ~F°~"a.: Y~ZC. ` . _ 4 .. ~. r ~ ^*Il ' . '~ ~"'~^ ~ :_.. .r . ... ~ . ,~ ., w : i : ~ 1~' ~' .,r ~~ ; ~ . ~ 3~ y ~ i S ~~:. - ~ S y ~ i ` r t~ ~ .. . ~ .~ u 3 q S THIS MAP NOT INTENDED FOR NAVIGATIONAL USE http://66.192.184.147/imf/imfPrintMap. j sp?title= 9/19/2011 ~~E IDR IAN;-- ~~ PW 100 FORM Date: 9/22/11 Ph: (208) 887-2211 Fax: (208) 887-1297' www.meridiancity.org~ The following property has been researched by The City of Meridian Public Works Department. Project Name: YOGURTZ TI Address: 1560 N. Locust Grove Rd. Zip Code: 83642 Parcel #: 87104253301 Note: Formerly Hollywood Video Building located on portions of lots 15-17/Pleasant Valley 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. 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) _X_ 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). Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Terri Ricks Land Development Services tricks@meridiancity.org