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Fanci Freez
CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: November 26, 2013 TO: Bill Martin FROM: Justin Lucas, Planning Supervisor SUBJECT: Fanci Freez - CZC-13-146 and DES -13-137 OWNER: Brighton Development, Inc DESCRIPTION OF APPLICANT'S REQUEST c- E IIA The applicant, Bill Martin, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of a 2,300 square foot restaurant with drive-through window on .79 acres of land in the C -G zoning district. The site is located at 4970 N. Linder Road. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report. Note. This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit andlor inspection. Ifyou do need a buildingpermit, you must complete thatprocess before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. General Conditions of Approval 1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Site 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. Business hours of operation within the C -C and C -G districts shall be limited from 6 am to 11 pm when the property abuts a residential use or district as set forth in UDC 11 -2B - 3A4. 3. All existing landscaping within the street buffer adjacent to N. Linder Road shall be protected during construction in accord with UDC 11-313-10C. 4. The proposed one-way access to the drive-thru from the parking area shall be identified by Conditions Document 1 Fanci Freez - CZC-13-146 stenciling "One Way" on the pavement (as proposed on the site plan). A "Do Not Enter" sign shall also be located within the southernmost perimeter landscape island to deter drivers from accessing the parking lot from the drive-thru area. Process Conditions of Approval 1. 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. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B -14A. 4. The site plan prepared by Larson Architects on November 15, 2013, labeled SP 1.0 and SPL I, is approved (stamped "approved" on 11/26/13 by the City of Meridian Planning Division) with no changes. 5. The landscape plan prepared by South Landscape Architecture on November 18, 2013, labeled L-1, is approved (stamped "approved" on 11/26/13 by the City of Meridian Planning Division) with no changes. 6. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 7. The elevations prepared by Larson Architects on November 15, 2013 labeled A3.0, are approved (stamped "approved" on 11/26/13 by the City of Meridian Planning Division) with no changes. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. lo. 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. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -03-006, PP -03-004, CUP -03-008, PP -07-011, MI -07-007, FP -12-019). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant shall have an ongoing obligation to maintain all pathways. Conditions Document 2 Fanci Freez - CZC-13-146 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or 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. s. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-11. CITY COUNCIL REVIEW The applicant 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 Division on or before December 11, 2013, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -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. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until November 26, 2014. EXHIBITS Vicinity Map Site Plan (dated: November 15, 2013) Landscape Plan (dated: November 18, 2013) Elevations (dated: November 15, 2013) Conditions Document 3 Fanci Freez - CZC-13-146 A. Vicinity Map h 5262 199 kfM 1969 465) ^e n66 4645 4651 T 1750 g- 4 40 4701 ...._._........ 1672 4664 +ora 4616 ^ .. 1 M 1�11444d 4505 5220 RUT 5110 5100 5972 5036 SOU 4436 4850 H10 � 14@ I 1360 1437 RUT 465D 5450 4562 610 Conditions Document 4 Fanci Freez - CZC-13-146 a 8 G s 8 ^e n66 4645 4651 T 1750 g- 4 40 4701 ...._._........ 1672 4664 +ora 4616 ^ .. 1 M 1�11444d 4505 5220 RUT 5110 5100 5972 5036 SOU 4436 4850 H10 � 14@ I 1360 1437 RUT 465D 5450 4562 610 Conditions Document 4 Fanci Freez - CZC-13-146 B. Site Plan (dated: November 15, 2013) Tit 1If LT �,�� ,r�maax v,novm a v�iwp rmw sxuasum aur �:,� P I —7r/ l JL a' i 1 60EN'PY! LfTM ,B%P MQ! DETM 4P0.9H E4J.MJYE PFEM't1 SPq Conditions Document 5 Fanci Freez - CZC-13-146 J ` f .....�. � T Oji •I_ `�J T— L11 v ENiRGFD_��GYLL �.�LW �EIVIII( i1H1L0VM FW£ � BRIVIW( f11UMWN EOC£ I�XNYtl.{P'x`L 6Yi1 �'WYA5�Ri'L fiKy �,�� ,r�maax v,novm a v�iwp rmw sxuasum aur �:,� P I —7r/ l JL a' i 1 60EN'PY! LfTM ,B%P MQ! DETM 4P0.9H E4J.MJYE PFEM't1 SPq Conditions Document 5 Fanci Freez - CZC-13-146 C. Landscape Mm(aed: November a, yo) � Conditions _ume m 6 ma_aCZC -»a ! g � Conditions _ume m 6 ma_aCZC -»a D. Elevations (dated: November 15, 2013) A AAO Conditions Document 7 Fanci Freez - CZC-13-146 i -.. m.Ld A4 ' MtYGNI 1 I!l X314 Ii �� AAO Conditions Document 7 Fanci Freez - CZC-13-146 WE IIA- tr3at;-sty Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance YCertificate 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 Planning Division ADMINISTRATIVE REVIEW APPLICATION Applicant name: 'GIW P°jlM 1 Hf J Applicant address: Tb- W 1614+ 1 r44zWbs Applicant's interest in property: ❑ Own ❑ Rent K Optioned ❑ Other E-mail: Im L,�-As- Owner name: 1ft9T&fJ 11-, Phone:31- Fax: Owner address: I&I W . @c fZ Y.,S� (` Zip: 2VI3 E-mail: Agent name (e.g., architec engineer, developer, representative): 1�1 V c* � Firm name: c�ti�cz�s Phone: b (o �4 A F x: US Q - Address: et® M Y Zip: E-mail: { IL Primary contact is: ❑ Apphcant ❑ Owner AAgent ❑ Other Contact name: MAM fit/I Phone: b Fax: Contact address: 20 k0 'C41. Zip: 31 4 E-mail: '�i Yf wsdQ�� • �1 Information Location/street address: Assessor's parcel number(s): Township, range, section: Total acreage: b I q Current land use: % Current zoning district: C 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (02/0$2013) Project/subdivision name: General descrintion of me Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply) ❑ Residential Acommercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does thig p operty be within? Primary irrigation source: c4A Secondary:113 V y Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): /Gila S Residential Project Summary (if applicable) Number 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): — 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): _ Gross density (DUlacre-total land): Percentage of open space provided: Percentage of qualified open space acreage: Proposed building height: _ Average property size (s.f): Net density (Wacre-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 Prc Number of building lots: Other lots: A Gross floor area proposed: Z J' loo S.F. Existing (if applicable): A t Hours of operation (days and hours): t AM - Rn ` $Nh Building height: ZVO Percentage of site/project devoted to the following: Landscaping: 22.• tV Building: 6-U Paving: ® . Total number of employees: P Number and ages of students/children (if applicable): Total number of parking spaces provided:t'A Number of compact spaces provided: Authorization Print applicant name Applicant signature: V &P, 'F Date: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Larson 210 Murray Street, Phone: (208) 376-7502 October 18, 2013 Ms. Sonya Watters City of Meridian Planning Department 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 RE: CZC / DR APPLICATION — FANCI FREEZ Dear Ms. Watters, A A. ?al Estate Planning Boise, Idaho 83714 Fax: (208) 658-0224 Attached to this letter is a CZC / DR 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 2,300 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 14th 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-thry 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 YA AWT LAT M6ID2NTIA1 ZONE G -B TAhm R -D lJ -9I9-(�A19 9M 9H 9M N. LINDER RD IlSG. YPLLT Ell VAAAM LOT y � YONG G-6 Vpfn 4ANN Ill®libY Llt OtJI �IIW'9YIf XOf$NVSIe IrtMm mI tMRM NWiK4Mm ffiIxG1Otr 9 a ULDM FOR FMM FREEZ Larson Architects, P.A. ❑ ❑ g' ANEW IRme n em ow Xnes r'i.v,«,l 4870 N. LMER ROAD RIO Yurray Swet hffJt®IAN, IDAHO cow, tadur B9fM (SBBJ 998-9608 November 14, 2013 Damon Beard Larson Architects 210 Murray Street Boise, Idaho 83714 RE: Fanci Freez (CUP -13-012) Dear Mr. Beard: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter is to confirm that the City of Meridian's Planning & Zoning Commission approved your conditional use permit application for the subject property at their November 7, 2013 In accord with UDC 11-511-617, in order for the conditional use permit to remain valid, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground, or submit an application for a time extension on or before November 7, 2015. This letter 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.meiidianciiy_org departments/community development/ planning/comment card to fill out a customer survey and give us feedback on how we are doing. Sincerely, Caleb Hood, AICP Planning Division Manager CH:bs Community Development ■ Planning Division a 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3 BOISE IDAHO 03/0512013 11:12 AM DEPUTY Nikola Olson f t 91LdeRecordtnCWhen recorded, please return to: RECOxbEn-REQ[sI III II VIII VIII IIIIII IlIIII III IIIIIII I'I IIIIIII III V II IIII II OF Brighton Development Inc. TITLEONE BOISE 113023713 12601 W Explorer Drive, Suite 200 Boise, ID 83`/13 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, 63713, 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 i„ i IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this r day of R�UV!4& ,qF= 20'13. 4 GRANTOR: BRIGHTON INVESTMENTS LLC, an Idaho limited liability company By: A� David W. Tumbull, Manadino 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 I.L.C. 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 nam REBEGGA A. HANKS NUrARY PUBLIC STATE OF IDAHO laam expires GENERAL WARRANTY DEED -2 ............... ......_._............ ..........__..:..;<:>;.._,........-'-.-'—'----......... Exhibit A PREMISES DESCRIPTION Projea hfo.. 3867 Date: October 12, 2042 Revised; i1f13/~1,2 . DESCRIP'l ION OF. COMMEROtAl. 801,1TFff?i EST 61,10I)PllSION.No; 2 . A pw* of land being a portion of the SW 114 of the $W 114 ofCyton 26, T.4N., R.tW., ELM, Meridian, Ada Counfy, Idaho and rrwr8 paedct.Awly described as. follows: 00MMENCING at tha Soutimtst comer of saki Section 28, marked by a brads cap; thenc9 along. the West3toun$wy of said Sectlett 2E .: . 1+IarpPr OA'2eN50•' :#�l feet t� a pcliit gra the oxlend�! ri[arkh hound®ry of. Cbmmardal'SoUftast SultidN on go. 1, fYled far rmrd in It* off m of &to Ada Courtly RaCoixlar, BoIS* f4aha 1n tithck 10? .at P lata at _gel thence atttitg sold atdondsd North bour34afy South'06`36*Fl4" Mot 38.00 feel to the Nor0west vomer of sold Commercial Southwest Subdtviaion No. 1 cit tho.15.0 t rJo WwAy line of North t rOer Road, mid point tretng rite i5' 4t1 0P.51MIN1410. marked. by an iron pint thence airing sold East . �"�Y llnrt • ' tdofth 00'24156" f=ast 062.311 feet to the South night-Q" fine of Wed i?w., Oreat Drive, m*ad by an iron gin; them along said 6atdh.rfgi♦t-of- way lime South,#9"$6' I V East 1-40.94 feet a point of :ourvom maeRed by an kw'' p&�; thence ceniin4iria along the arc of a wr m.. to ft'left Whale radl44 10 1020.00 feel wNese a rftl emla. Is 24542"', wftase length Is 40.82 feat and a whoea tcldg chord &sera Notts 814°18'-58" $a444.82 feet to an iron pin;. themes teavbtg said south'%tt-d- way Una along a lineparallel with saK. West bovWxy of $000425 South OfW24'Z tilftest 322.42 feet to a point of wvoturrt, Marked by An IraR ON 1hemoo along that aro of a curve to tho left whose mdlus is 400,00 feet, Whosa central angle ie 4V$1'3`f", whose length is 82;95 foot and whose ting Chord t south W2762° 80.69 feat• to a point of tanitsnt, romrked W an Iran. gkr; BtQnoo South 47'0Q'44" East 14.70 feet to a point of 'ourve, tnaftd try an irpn pitta' thence along the are of a curve to the right whose radiuts Is 100.00 feel, Am cantrat anale is 47"$1'37 , whose lermgt► is 82.95feet and whose long chord boors 8ou628'20112" ]wait 80.65 feet 1:0 it poled of langent; marked by an.tron pin: .thence &Wg a ine Rastertyr parallel Willi said 1Alw bounttsty cif Settlor 25 -South 004241W V1!rtst 181,24 1W to said lNorrtht boundary cif £orrnnerdiat' So 0weat Gutdivision NQ,. l'; Iter _along old North bihtdndOrY North 89°36'x" 1Nsst 257.04 foot t4 theP iff Cs6 B lNtttlflSd. Bald parcel of tend contains 311 aaes, m©re or Ices. v�etssarwo�teeas7,twa�rc,a�c.rtnm EXHIBIT A TO GENERAL WARRANTY DEED AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) Blake R. Alder on behalf of t� Brighton Development Inc. 12601 W. Explorer Drive, Ste. 200 Boise (name) Idaho (address) (city) (state) being first 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: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 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 August 2p13 Brighton Development`s By: Blake R. Alder (Signature) Chief Operatingq and Financial Officer AND SWORN to before me the day and year first above itten. AMANDA MCCURRY (Nc rabic or Idaho) NOTARY PUBLIC STATE O' !DAPI® ResidingU. at tet' i i My Commission Expires: % a' 17 33 B Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: (208) 888-6678 • Website: www.meridiancityorg kCHD UR C/D9M/Yl'✓I/I�tO��D nLGPi Date: October 4, 2013 To: Bill Martin, via e-mail P.O. Box 6144 Boise, ID 83703 Subject: MCUP-13-012 4970 N. Linder Rd. Request to construct a Fanci Freez. Sara M. Baker, President John S. Franden, Vice President. Rebecca W. Arnold, Commissioner Mitchell A. Jaurena, Commissioner Jim D. Hansen, Commissioner In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. The applicant shall be required to meet the following conditions of approval: Comply with all ACHD Standard Conditions of Approval (attached) as well as all ACHD Policies. Prior to the construction, repair, or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc.), a permit must be obtained from ACHD. If you have any questions, please feel free to contact me at (208) 387-6335. Sincerely, Austin Miller Planning Review Intern Development Services CC: Project file, City of Meridian, via e-mail Larson Architects, via e-mail Brighton Development Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208.387-6100 • FX 345.7650 • www.achdidaho.org Standard Conditions of Approval 1. All irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations. 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • F)(345-7650 • www.achdidaho.org Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. C. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achdldaho.org Traffic Information This development is estimated to generate 1,091 additional vehicle trips per day; and 72 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. Condition of Area Roadways: Traffic Count is based on Vehicles per hour (VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Linder Rd. 137 -feet Minor Arterial 510 Better than "D" McMillan Rd. None Minor Arterial 412 Better than "D" "Acceptable level of service for a five -lane minor arterial is "D" (1,540 VPH). • Acceptable level of service for a two-lane minor arterial is "D" (550 VPH). Average Daily Traffic Count (VDT): Average daily traffic counts are based on ACHD's most current traffic counts The average daily traffic count for Linder Road south of Chinden Boulevard was 10,390 on March 21, 2013. The average daily traffic count for McMillan Road west of Linder Road was 5,320 on February 24, 2011. Ada County Highway District • 3775 Adams Street " Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 " www.achdldaho.org n y to Baal 1 n C �� cl -4 ^ 9 o d �`" N 1 I ' w Imm• W_se O � S 00°24'56' W S m ' I 1 W �m� %.COO o -• � hili � � i { I O—rl P3�szz� ? 8 in I c g I �&In - IP 2 q N NO m� MO LIWER ROAD _ _ xao •ze•se•c Ou.ee• N0O'24'56' E 662.30' Y u j /, l>t'. 5 n C 9 o d N fl • � S m W �m� %.COO o -• � hili � � � O—rl P3�szz� ? N m p 0 E IDIAN' Meridian City Hall, Suite 102 33 E.'Broadway Avenue. ``"1' Meridian; Idaho 83642 Community Development 208.887.2211 Depanmeni 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: 81527290020 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 addresswill be required to connectto 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 atthls 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 CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. 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