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Moxie Java CZCV 12-026~rE IDIAN~-- IDAHO October 30, 2012 Craig Reisch Northwest Technologies, LLC 1911 W. Franklin Road Boise, Idaho 83709 RE: Moxie Java - 1560 N. Locust Grove Road, Ste. 120 (CZCV-12-026) Dear Mr. Reisch: Mayor Tammy 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 2,027 square feet of an existing 7,100 square-foot building from retail to restaurant. Please note: a restaurant with adrive-through establishment is not approved at this time and shall require certificate of zoning compliance approval. Staff is aware that a certificate of zoning compliance application is in process for the drive-through establishment. At this time, a yogurt shop (restaurant) occupies 3, l 00 square feet of the building and the remaining 1,973 square feet shall remain retail. Certificate of zoning compliance and/or certificate of zoning compliance verification approval shall be required to change the use of the remaining 1,973 square feet. If you have any questions regarding this matter, please don't hesitate to contact Kristy Vigil at (208) 884-5533. Please contact Building Services and the Meridian Fire Department for specific permit and code requirements. The applicant, director, or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before November 14, 2012, 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.meridiancity.org departments/planning/comment card to fill out a customer survey and give us feedback on how we are doing. _-_.___~ r ~~ ~~ iedman. AI P •~' ing Division Manager Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 . www.meridiancity.orq ~..~, ~ E IL~IAI`~T~ ~ ~, R.. 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 __ Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): C~'V. ~2 _ ~~ Project name: Q ~ ~~~ Date filed: ~~G~' eco plete: ~~~ Assigned Planner: ~ l Related files: Applicant Information Applicant name: Northwest Technologies, Inc. Phone: 208-323 0757 Applicant address: 11911 W. Franklin Road, Boise, Idaho Zip; 83709 E-mall: dholman@nwtechnologies.com Applicant's interest in property: ^ Own ^ Rent ^ Optioned B Other Tenant Improvements owner name: David Holman, Holman Pietras, LLC Phone: 208-323-0757 Owner address: 11911 W. Franklin Road, Boise, Idaho Zip; 83709 E-mail, Fes; 208-378-0563 dholman@nwtechnologies.com Agent name (e.g., architect, engineer, developer, representative): Representative: Craig ReisCh Firm name: Northwest Technologies, Inc. (General Contractor) phone: 208-871-7948 Fax: 208-378-0563 Address: 11911 W. Franklin Road, Boise, Idaho Zip; 83709 E-mall: creisch@nwtechnologies.com Primary contact is: ^ Applicant ^ Owner ^ Agent B Other Representative: Craig Reisch Contact name: Craig Reisch Phone: 208-871-7948 Fes; 208-378-0563 Contact address: 11911 W. Franklin Road, Boise, Idaho Zip; 83709 E-mall: creisch@nwtechnologies.com Subject Property Information Location/street address: 1560 N. Locust Grove Road, Meridian, Idaho 83642 Assessor's parcel number(s): 87104253301 Township, range, section: 3N, 1 E, Seotion 8 Current land use: Multi Tenant Retail Building Total acreage: 1.144 Current zoning district: C-G 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29// 1) Project Description Project/subdivision name: MoXie Java LoCUSt Grove TI General description of proposed project/request: Tenant Improvement to add a Moxie Java coffee/espresso cafe. Proposed zoning district(s): N/A Acres of each zone proposed: N/A Type of use proposed (check all that apply): ^ Residential B Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Existing Who will own & maintain the pressurized irrigation system in this development? City Water /Landlord Which irrigation district does this property lie within? N/A Primary irrigation source: City Water Secondary: N/A Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 10,557Sf 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: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.£): Gross deriSlty (DU/acre-total land): Net deriSlty (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable 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: 0 Gross floor area proposed: 2027 Existing (if applicable): 2027 Hours of operation (days and hours): 6:00 AM to 10:00 PM Building height: 16' Percentage of site/project devoted to the following: Landscaping: 21 % Building: ~ 5% Paving: 64% hardscape Total number of employees: 12 Maximum number of employees at any one time: 3 Number and ages of students/children (if applicable): N/A Seating capacity: 35 Total number of parking spaces provided: 20 N ~ ber of compact spaces provided: 20 Authorization Print applicant name: Craig ReisCh Applicant signature: ~--`--- Date: October 26, 2012 3'~E. Broadway Avenue, Suite 214-+--~alexidian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 Website: www.meridiancity.org 2 HOLMAN PIETRAS LLC 11911 W. Franklin Road • Boise, Idaho 83709 Phone: (208) 323-0757 ~ Toll Free: (800) 657-1087 ~ Fax: (208) 378-0563 E-Mail: dholman@NWTechnologies.com October 26, 2012 RE: Narrative Describing Proposed Use of Property located at 1560 N. Locust Grove Road Certificate of Zoning Compliance Verification -Application Checklist To Whom It May Concern: The property located at 1560 N. Locust Grove, Meridian, Idaho was purchased this past summer by Holman Pietras LLC. The property was formerly a 7,500 SF Hollywood Video Rental Store with adrive-thru drop-off station. When the property was purchased, the north 3,100 SF of the property had been leased to a yogurt business. The yogurt azea's tenant improvements were complete and the business was already in operation. The building was purchased for the purpose of opening a Moxie Java Coffee shop with adrive- thru in the south 2,000 SF of the building. The remaining center portion of the building will be leased to a separate tenant who has not been identified at this time. The building does not present an attractive curb appeazance so upgrades to the building aze planned to include a porch on the west side and an additional drive-thru access on the south side. The rundown landscaping would be refreshed, the parking lot and drive-thru seal coated and re- striped, and broken curbs replaced. The majority owner of the building, David Holman, is also the majority owner of the proposed Moxie Java which is doing business as Trinity Creek Investments Inc. Trinity Creek Investments owns and operates four (4) similaz Moxie Java shops in Nampa, Idaho. Sincerely, ~~~u ~- David L. Holman Member S:\PROJECT FOLDERS12a121obs\12NW09- Mmde Java Locust Grove\Building Dept Fo~mss\Maidian Bldg DeptUVew forms naded~HPLI.C Proposed lJse of Propaty.doc ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3 BOISE IDAHO 05/25/2012 11:29 AM DEPUTY Nikola Olson Simplifile Electronic Recording I IIIIII VIII VIII IIIIII IIIIII IIII VIII VIII IIIIII III VIII IIII IIII RECORDED-REQUEST OF FIRST AMERICAN TITLE AND ESCRO 112049746 AFTER RECORDING MAIL T0: Holman Pietras, LLC 11911 W, Franklin Rd Boise, ID 83709 ELECTRONICALLY RECORDED - DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT. WARRANTY DEED File No.: 4101-1882586 (ED) Date: May 23, 2012 For Value Received, Cecilia deMille Presley, Successor Trustee of The Randall E. Presley Trust, dated April 4, 1983 and amended as of February 25, 1992, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Holman Pietras, LLC, an Idaho limited liability company, hereinafter referred to as Grantee, whose current address is 11911 W. Franklin Rd, Boise, ID 83709, the following described premises, situated in Ada County, Idaho, to wit: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: See Attached Exhibit A APN: 87104253301 TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of rewrd and easements visible upon the premises, and that Grantor will warrant and defend the. same from all claims whatsoever. /~ Page 1 of 2 ~~ AFTER RECORDING MAIL T0; Holman Pietras, LLC 11911 W; Franklin Rd Boise, ID 83709 ELECTRONICALLY RECORDED • DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT. WARRANTY DEED File No.: 4101-1882586 (ED) Date: May 23, 2012 For Value Received, Cecilia deMille Presley, Successor Trustee of The Randall E. Presley Trust, dated April 4, 1983 and amended as of February 25, 1992, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Holman Pietras, LLC, an Idaho limited liability company, hereinafter referred to as Grantee, whose current address is 11911 W. Franklin Rd, Boise, ID 83709, the following described premises, situated in Ada County, Idaho, to wit: LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: See Attached Exhibit A APN;R7104253301 TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend. the- same from all claims whatsoever. Page 1 of 2 -' ~ z i"~ C Notary Public for the S to of California Residing at: CA My Commission Aires: ~/ KRIS MACHADO Commission # 1889855 z i - Notary Public -California Orange County M Comm. Ex ires Ma 17, 2014 APN:R7104253301 Warranty Deed -continued Cecilia deMille Presley, Successor Trustee of The Randall E. Presley Trust, dated April 4, 1983~an~d_am,,,,,,,,e//nded as of Februa 25, 1992 %C~/~C- r Cecilia deMille resley, Successor T stee STATE OF California ) ss. COUNTY OF Q/7 e ) Ffle No.: 4101-1882586 (ED) Date: 05/23/2012 On this~day of May, 2012 ,before me, a Notary Public in and for said State, personally appeared Cecilia deMille Presley, known or identified to me to be the person whose name is subscribed to the within instrument as the Successor Trustee of Randall E Presley Trust, and acknowledged to me that he/she/they executed the same as such Successor Trustee In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Page 2 of 2 t EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: 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 VALLI:1f 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 8, Township 3 North, Range i 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 8, 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" Eest 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 feet 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 00°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. LESS AND EXCEPTING that property deeded to Ada County Highway District in Warranty Deed recorded September 29, 2005, as Instrument No. 105144525, Records of Ada County, Idaho. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, David L. Holman, Holman Pietras. LLC. 11911 W. Franklin Road (name) (address) Boise Idaho 83709 (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: Northwest Technologies, Inc. 11911 W. Franklin Road, Boise, Idaho 83709 (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 26th day of October , 20 12 Q~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. \`\`~~N1191ii111////// `\\~ ~~~~ M~ p~FT /~,% IyOTARY •• = (Notary Public for Idaho) * ~.~ '* - Residing at: Boise Idaho PUBLIC ; ' '. • '~,~ ''•. ,.. \~.~`~ My Commission Expires: 07/28/2015 ~~~~///~i ~ i~ N,~~~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org ~~~~~~~~ ~~~ _~ ~tJ~ ~O GFi October 17, 2012 David Holman Holman Pietras LLC 11911 W. Franklin Road Boise, ID 83709 RE: MSPR-13-564 / 1560 Locust Grove / Moxie Java w/drive thru T.I. Rebecca W. Arnold, President Sara M. Baker, Vice President John S. Franden, Commissioner Carol A. McKee, Commissioner Mitchell A. Jaurena, Commissioner The District has reviewed the building plans for the above referenced project for assessment of impact fees. The District has no comment on the site improvements because all proposed improvements are outside of ACHD right-of-way. If the scope of work changes to include work within the right-of-way, the District will need to review and approve those changes. Requirements Prior to Starting Work 1. Comply with all Standard Requirements of approval. 2. The impact fee must be paid prior to issuance of a building permit. When Ready to Request ACHD Occupancy Sign-Off 1. Call 387-6380 and provide all information as shown in the header of this letter, i.e. the file number, site address, and the name of the project. Please include your name and return phone number. Total Impact Fee due: $0 (Prior use is Video Store.) ACHD inspection is not required. If you have any questions or concerns please feel free to contact me at (208)387-6144. Sincerely, Christy Little Program Administrator Development Services cc: Developer Project File Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208 387 6170 • FX 387 6393 • www.achdidaho.org VICINITY MAP usrl PROJECT LOCATION MERIDIAN, IDAHO a~ ~ ~ ~ ~ ~ O ~ ~ INl'ERvT,4TE-84 ,~ ... 4 PLEASANT VALLEY SUBDIVISION iN THE W. I/2 OF SEC. 8, T. 3 N., R. I E., B.M. N~aeahr, Ax~~ ws rv+/,. 9ar•1 w, NN N/af wbN /~ ~ /~J/elian i )/mrwhyD J ~ ~ wd war hNiw+ Ewy/,n,rq N M! N/n/rv / J/lIlsnu J, t, YYd D, J N, 9/C.O M hme/ ~N y, y~ uyp Y~ ~ ~ •d Jw D. l+sl a a1N e•Jr~ exni++.,v+-w. ed.xxm m•~.+~.+r..+,e J+e a. riw..,. i./1 r m °~Pv.... r+....v ~~ Da• Ji N III D Mf ~! m ~m p,.. Mmw N W D.' N Tui D Ml ," w wsn pw, M•we1 NIe•H'N J DM)b mMw, pn. Mw.n:/ N Ji' N'N K/ O MI b m rsn pn m M+ N.Y bwrdary d ~./+~ Dywl~ gi: o n.fs rtn' O~+ d °,r'$Y w~?/'.e ~ s~.F~.:'y.:.y,'° .arAnulywal A M.' +SRh .e'w' ,eo{7 fyhA N woy a °.wY. 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Broadway Avenue ~~~ `~~° ~I ~`~~ Meridian, Idaho 83642 Community Development 208.887.2211 Department Address Verification Date: 9/5/12 The address information below has been researched and verified as the "correct address" by the City of Meridian Community Development Department. Project Name: MOXIE JAVA TI Address: 1560 N. Locust Grove Rd. Suite: 120 Zip Code: 83642 Subdivision Pleasant Valley Parcel: 87104253301 Note: Occupying southern end of building 1) The address has been assigned based on available information. This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. Municipal water is available for connection at this location. Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) _X_ This is an existing structure that is currently connected to municipal services. ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. Address Verification Rev: 04/23/12