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Applicationr TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: Transmittal Date: September 24, 2013 Hearing Date: October 17, 2013 File No.: CUP 13-012 10 -Oct -13 Request: Public Hearing: Conditional Use Permit approval for a drive-thru establishment in a C -G zoning district within 300 feet of an existing drive-thru establishment for By: Bill Martin Location of Property or Project: 4920 N. Linder Road _Joe Marshall (No FP) _Scott Freeman (No FP) _Steven Yearsley (No FP) —Michael Rohm (No FP) _ Macy Miller (No FP) —Tammy de Weerd, Mayor _Charlie Rountree, C/C —Brad Hoaglun, C/C —Keith Bird, C/C _ David Zaremba C/C _Sanitary Services _ Building Department / Rick Jackson _ Fire Department Police Department _ City Attorney —Community Development —City Planner _ Parks Department _ Economic Dev. City Engineer Your Concise Remarks: _ Meridian School District (No FP) —Meridian Post Office (FP/PP/SHP only) _Ada County Highway District _Ada County Development Services _Central District Health _COMPASS (Comp Plan only) _Nampa Meridian Irrig. District _Settlers Irrig. District _ Idaho Power Co. (FP,PP,CUP/SHP only) _ Qwest (FP/PP/SHP only) —Intermountain Gas (FP/PP/SHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: _Meridian Development Corp. _Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline _ New York Irrigation District _ Boise-Kuna Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org IIIA Planning Division t COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ,Conditional Use Permit _ ❑ Conditional Use Permit Modification ,9T USE ONLY ❑ Development Agreement Modification ❑ Final Plat _'File number(s), ❑ Final Plat Modification ❑ Planned Unit Development' Pr❑Preliminary Plat � ❑ Private Street Date filed: ! f3 Date complete.—% ❑ Rezone= ' ❑ Short plat Assignednn Plaer _?/ ' E)L i I � S Z�� , ❑Time Extension (Commission or Council) R61 /, tl,2 -01 . ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance HearCommission ❑ Council ❑ Other Information Applicant name: Phone: Applicant address: M' W W44- f 906C Zip: WOT E-mail: Applicant's interest in property: ❑ Own ❑ Reent Xpl tioned 1:1Other Owner name: &W1W V Iy(I-X— - Phone: ' Owner address: %�1 w'VILAI��� t Zip: M(.S E-mail: Fax: ?7% 181/62— Agent name (e.g., architect, engineer, developer, representative): Firm name: AReAhe=iS Phone: r1/6. -ro2 Fax: 6 ' ®u4 Address: 2(® mmemir 4,1.. Zip: R31(� E-mail: Primary contact is: ❑ Applicant 0 Owner X Agent ❑ Other y� �q Contact name: OG � p� Phone: Stto' IV_ ax. ' bZ � - _ r L Contactaddress: Z16 At S?, 966E Zip: &3'1(q E-mail: I (a5�`�C�9��"�•L1Z Information Location/street address: Assessor's parcel number Township, range, section: Total acreage: A Current land use: YkAtq Current zoning district: 9< 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meddiaacity.org I (Rev. 02/082013) ma Project/subdivision name: A2 General description of proposed Proposed zoning district(s): fl a Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential Commercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? 1 Which irrigation district does this property lie within? u Primary irrigation source: G:ny Secondary: crr r Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): W sJ, Residential Project Summary (if applicable) of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): I.bedroom: 2 — 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (Macre-total land): Percentage of open space provided: Percentage of qualified open space acreage: 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): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Number of building lots: I Other lots: _ Gross floor area proposed: 07,160 4-F Existing (if applicable): Hours of operation (days and hours): A " « 4*� ® ' Building height: ! Percentage of site/project devoted to the following: n Landscaping: 22, (® t Building: to. (csf ! • Paving: '.8 Total number of employees: 2Z> Number and ages of students/children (if applicable): 01A Total number of parking spaces provided: 171 Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (R". 021082013) MR Larson Architects, A A. Architecture and Real Estate Planning 210 Murray Street, Boise, Idaho 83714 Phone: (208)376-7502 Fax: (208) 658-0224 August 30, 2013 Mr. Bill Parsons City of Meridian Planning Department 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 RE: CONDITIONAL USE PERMIT APPLICATION — FANCY FREEZ Dear Mr. Parsons, Attached to this letter is a Conditional Use Permit application for the proposed development of a Fanci Freez quick serve restaurant to be built on the parcel of land described on the attached Legal Description. The applicant proposes to build a single story building of approximately 2,200 square feet that will have indoor seating for approximately 40 guests. Covered outdoor seating is also proposed on the west side of the building for approximately 15 to 25 guests. The site is located just north of the intersection of Linder and McMillan. The current zoning for this parcel is C -G. A Conditional Use permit is required in order to develop this site for a quick serve restaurant. Customers accessing the sit-down restaurant can enter from Linder Street. Access from McMillan is available if they use the service drive to the rear of the property, and utilize one of seventeen (17) dedicated parking stalls on the property. The applicant's design has a single drive-through window with two customer -ordering points for drive -up customers to place their orders using speak and listen (two way) intercom system. The site provides stacking for approximately 8 to 10 vehicles. Drive through customers would queue into the ordering point from the service road. This access is approximately 220' inside the property, and at the rear of the property described in the legal description. The applicant is proposing a building design that incorporates a "Retro" look similar to the existing Fanci Freez at 14a` and State in Boise, and will be interesting and fun for the surrounding community. The design will utilize a wainscot checkerboard using 12" tiles of black, red and white, with stucco above. Corrugated metal accents will highlight both the entry to the outdoor seating area and the drive-thru window. The proposed hours of operation are from 8am till 12am 7 days a week, 12 months a year. The menu will consist of ice creme, hamburgers, french fries and other similar quick serve food items. There will be a pedestrian access from the existing sidewalk along Linder. All HVAC rooftop units would be screened from view of traffic passing by the site by parapet walls. The trash enclosure is to be located on the southeast portion of the property and is fully screened and facing the service road in the back of the property Fanci Freeze will hire approximately 20 full and part time employees associated with this location. Construction is estimated to take 4 months and the owner would like to begin as soon as possible. The owner currently has two other restaurants operating in the Treasure Valley that were built in 1947 and 1954. These restaurants Incorporate a similar menu, operations and building design elements. Thank you for your consideration of this project. Sincerely, R. Damon Beard Larson Architects, P.A. William F Martin Manager WFM Enterprises LLC ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3 . BOISE IDAHO 03105/2013 11:12 AM DEPUTY Nikola Olson 'I When recorded, please return to: RECORDRD-)REQMco T OF Aing I VIII) VIII VIII IIIIII IIIIII lIl IIIIIII III IIIIIII III VIII IIII ILII Brighton Development Inc. TITLEONE BOISE 113023713 12601 W Explorer Drlve, Suite 200 Boise, ID 63113 Attn: Legal GENERAL WARRANTY DEED Paramount Marketplace #2 FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, BRIGHTON INVESTMENTS LLC, an Idaho limited liability company (`Grantor"), whose address Is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, 83713, does hereby grant, bargain, sell, and convey unto BRIGHTON DEVELOPMENT INC., an Idaho corporation ("Grantee"), whose address is as stated above, all of Grantor's right, title and Interest in and to that certain real property located In Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein ("Premises"). TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever,together with all water and water rights, ditch or irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the Premises, as well in law as In equity. Grantor, for itself, its heirs and assigns, does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will warrant and defend the same forever from all lawful claims whatsoever. [end of text] GENERAL WARRANTY DEED -1 -IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this qday of P,0V"t tQ.r q:= 2013. 4 GRANTOR: BRIGHTON INVESTMENTS LLC, an Idaho limited liability company By: A� David W. Turnbull, Manajino Member STATE OF IDAHO ) ss. County of Ada ) On thisay of 2013, before me the undersigned notary public, personally appeared David W. Turnbull, o n or Identified to me to be the Managing Member of BRIGHTON INVESTMENTS LLC, an daho limited liability company, the person who executed the instrument on behalf of said limited liability, and acknowledged to me that he executed the same in said limited liability company's nayne. �Z��.�n REEL CC A. I TANKS NY i"Ael'i -�t.� A..IC STATE OF lt�AH GENERAL WARRANTY DEED -2 Tapir expires F - STATE OF IDAHO ) COUNTY OF ADA ) Blake R. Alder on behalf of I' Brighton Development Inc. 12601 W. Explorer Drive, Ste. 200 Boise (na11e) Idaho (address) (city) (state) being fust duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: LA?G!4� W� `L 210 (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 10th day of Atagust , 2p 13 Brighton Development g In . By: A444A/L- Blake Blake R. Alder (Signature) Chief Operating and Financial Officer AND SWORN to before me the day and year first -above vAtten. X/UU LNOTARYPUBLIC DAMCCURRY (N Public or Idaho) E OF IDAHO Residing at: V t My Commission Expires: 33 E Broadway Suite 210 • Meridian. Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6678 • Website: www.meridiancity.org Exhibit A PREMISES DESCRIPTION PMea No,: 3867 Dat®: Ookober 12,202 Revioad; 'f1/131't2 DESCFttP1'IQf4 OF. COMMMOtAL SOit'1 NWEST B118.0M ONJio: 2 . A parost of lend being a portion of the SW 1/4 of the sWv v4 of 66ctfOn 25, TAN., R.iW., B.M., Meridian, Aria County, Idaho and more. particularly described as follows: COMMENCING at the Southwest comer of aald 6ectlon 25, marked by a brass Cap; thence along. the West boundary of said Sec;tlon 2$ Noah W2ePW' haat 299:14 feet to a point on the extended North boundary of. Cbromordat Southwell; Sugdiviafon 400 f, Hied for record in the of loa of inks Ada County Recorder, OCri A fdsho In Book 101 .of Plataat page 13350; therm along said, exlsnded North boundary SouH1 '88'85'ft4" East 36.00 foot to the Northwest corner of said Commercial 6waiweat'Subdivisfon No. 1 on the Bast rtftt-of-wAy line of North Under Road, said point being the tM7p t3QINNtt , marked by ars Iron pin, thence along sold East . right600fway Ons North 00024' East 662.34 feet to the South right-of-way fine of West Doer. Cm4 Drive, makked by an iron pin; them along said South right o -way line South. SW16611" East 140.94 feat a point of crave#urs, marked by an Iron ph thence corriiming along the arc of a curve., to the' lelf Whose rodlus Is 1429.00 feet„ whose central or&.Is 2°15`.42', whose length la 40.82 feet and a whose tong chord bears North 89°18'58" East,%62 feet to an iron pin;. thence Wvtng said: South rgtt-of- way lire along a line parallel with sold %Nast boundary of Sootlon 25 South 00°24158'" West 322,42 feet to a point of cxvvaturs, marked by an iron on; thence along the aro of a curve to the left whose rodlus Is 100.00 feat, whose central angis io 47°31'37", whose length to 82.95_ feet and whose long chord 0earg South 23°2fk52" Eek WAS feet, to a point of tangent, marked by an Iron pin, thence South 47®08'41" East 14.74 feet to a point of curve, marked by an Iron pin; thence along the arc of a curve to the right whose radius is 100.00 fast, whose central angle is 47`31'37", whoselength is 82.95 fast and whose long chord been; South230,20162" East -80:59 feet to at point of tangent: marked by an, kon pin: thence.elong a line Easterly parallal with said Wost boundary sof Section 25 South 00*241V WMeist 188.24 foot to said North boundary of Corrtmsrcial Southwest SuWAsion No. 1, thence along sold North bWndery North 89°35'04" West 287.04 feet to the 99INT Of BEGtNN Na, Said parcel of lend contacts 8.21 acres, more or less. W:138871daoa4Y607yAatdkgadac.dnrn EXHIBIT A TO GENERAL WARRANTY DEED w rzny 4 m o to `o z i m w H w c E w U� u trct !o1y!!(� uy ry •a° �qi � :1z a 2H � AaC N Q S N Q d i1 Y N�(7 W NQS Ems. (r� ) fi• '�O W" � rda m W V O E t N � F a t%h -t i rxrR } t oa { Y 6 r rz O �" Ciy t 0 oti �h 1 p� n o P �� krT k Uam t 500 ?+°stn CIO o N �i'� bio ai f �� ' �? i A''I"> CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: City Staff:5- L( u s l; 1k Location: /plc o F G_ '-I 41/4 Comprehensive Plan Future Land Use Map Design Guidelines Development Context: _ Proposed Use: IJr, �z- l bKy Existing Use: Surrounding Uses: Street Buffer(s) and/or Land Use Buffer(s): - Open Space/Amenities/Pathways: Access/Stub Streets/Street System: Ac c Sewer & Water Service: t,/4;/. eses Topography/Hydrology/Floodplain Issues: History: _ Additional C_ (f z Proposed Zoning: r CU:'IS�M� Date: -?-17-13 Size of Property: Notes; 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short piat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan, Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. Other Agencies/Departments to Contact: ❑ Ada County Highway District ❑ Idaho Transportation Department ❑ Sanitary Services Company ❑ Central District Health Department ❑ ❑ ❑ ❑ Nampa Meridian Irrigation District Settler's Irrigation District Police Department Fire Department ❑ ❑ ❑ ❑ Public Works Department Building Department Parks Department Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ City Council Review ❑ ❑ Final Plat Final Plat Modification ❑ ❑ Time Extension -Council UDC Text Amendment ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance Conditional Use Permit J 1 369. 60 ❑ Private Street ❑ Other Notes; 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short piat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan, Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. Larson Architects, A A. Architecoire and Real Estate Planning 210 Murray Street, Boise, Idaho 83714 Phone: (208) 376-7502 Fax: (208) 658-0224 July 31, 2013 SIGN IN SHEET FOR THE NEIGHBORHOOD MEETING FANCI FREEZ RESTAURANT Name: Address: Phone: 1. 2. VA 10. H. 12. 13, 14. 15. 16. COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. 40pezz;ituagenrsi-g at Dat 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 • Website: www.meridiancity.org TIDIANI1-- Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Address/Parcel Verification Date: 8/19/13 The address/parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Fanci Freeze Address: 4970 N. Linder Rd. Zip Code: 83646 Lot/Block/Sub: 2/2/Commercial Southwest #2 Parcel Number: R1527290020 Acres: .0792 Notes: Address may change if structure does not face N. Linder Rd. or if present access off N. Linder Rd. becomes a continuation of W. Apgar Creek Dr. Property Owner: Brighton Development 12601 W. Explorer Dr.#200 Boise, ID 83713 1) The address has been assigned based on available information. _X_ 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. _X_ Municipal water is available for connection at this location. _X_ Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) 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 CORRECTADDRESS AND SUITE NUMBER IIF APPLICABLE) As REFLECTED ABOVE. 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CINDER ROAD � - MERIDIAN, IDAHO zla Aturtay srrcat Dotee, /dales as914 5 (20DJ 998-9602 r------------ --7 R FANOI FAEEZ ❑ �..�. Larson Arehiteots, P.A. A NEW BU0.DMG FO11 =12(l .<o-.m y � 4870 N. LMER ROAD YfYurmy Shen g NERDIAN, DAHO 9otn. Idalw 897�� (P99f 9y8-ybyP L=LEjfljL_]j M'K ata, PA.A NEW BUILDING FOR FANOI FREEZ .mx 4 E D IA CINDER ROAD n 210 Yuma SMet MERIDIA IDAHO ewev, ldalw 89911 (zse) s9s-9sos File No.: CUP -13-012 Project Name: Fanci Freez Request: Request for conditional use permit for a drive-thru establishment in a C -G zoning district within 300 feet of an existing drive-through establishment, by Bill Martin. Location: The site is located at 4920 N. Linder Road, in the SW '/4 of Section 25, Township 4N., Range 1W.