Revised Staff Report" Mayor Tammy de Weerd
City Council Members:
Keith Bird
wY Brad Hoaglun
Charles Rountree
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avi zarem a
December 20, 2013
Mr. Bill Martin
P.O. Box 6144
Boise, ID 83703
RE: Fanci Freez (MCU -13-006)
Dear Mr. Martin:
This letter is to confirm that the Director approved your Conditional Use Permit Modification
application for the subject property per the attached staff report.
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 Division of the
Community Development Department on or before January 4, 2014, 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.
Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit
our web -site at www.nieridiancitv.org/Planning, to fill out a comment card and give us feedback on how
we are doing.
Sincerely,
n
Caleb Hood, AICP
Planning Division Manager
CH: sw
Community Development Department- Planning Division • 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org
CERTIFICATE OF ZONING COMPLIANCE
REPORT —REVISED -
DATE: November 22,2014
December 20, 2013
TO: Bill Martin
C>WEPI7I
FROM: Justin Lucas, Planning Supervisor
SUBJECT: Fanci Freez - CZC-13-146 and DES -13-137
OWNER: Brighton Development, Inc
DESCRIPTION OF APPLICANT'S REQUEST
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 and/or inspection. If you do need a building permit, you
Hurst complete that process 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 ISPW C 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 11-213-
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.
Conditions Document 1 Fanci Freez - CZC-13-146
4. The proposed one-way access to the drive-thru from the parking area shall be identified by
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 an 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 "rte December 9, 2013, labeled
SP 1.0 and SP1.1, is approved as shown in Exhibit B.
5. The landscape plan prepared by South Landscape Architecture on Nevembef
December 9, 2013, labeled L-1, is approved as shown in Exhibit C.
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.
to. 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 11-3B-6 and to install and maintain all
landscaping as set forth in UDC 11-3B-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.
6. The applicant has a continuing obligation to comply with the outdoor lighting provisions
Conditions Document 2 Fanci Freez - CZC-13-146
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.
8. 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
A. Vicinity Map
B. Site Plan (dated: November December 9, 2013)
C. Landscape Plan (dated: "Pf 4 5 December 9, 2013)
D. Elevations (dated: November 15, 2013)
Conditions Docwnent 3 Fanci Freez - CZC-13-146
A. Vicinity Map
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Conditions Document 8 Fanci Freez - CZC-13-146
wr" R IIA Planning Division
€p ADMINISTRATIVE REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Alternative Compliance
0 Certificate of Zoning Compliance
❑ Certificate of Zoning Compliance Verification
.Conditional Use Permit Minor Modification
❑ Design Review
❑ Private Street
❑ Property Boundary Adjustment
❑ Time Extension (Director)
❑ Vacation
❑ Other
Information
Applicant name: ' UA, P Wr—f�N,J Phone:
Applicant address: F0• YAC fart+ 1 zip: 63 E-mail:
Applicant's interest in property: ❑ Own ❑ Rent Optioned ❑ Other
0
Owner name: 1idra07aJ bE.11t gltiF_ s IN -t- Phone: 37 • lac6 Fax: %n a96Z
Owneraddress: Iwai t0- ice., 63tTC 71� Zip:: 75 E-mail:
Agent name (e.g., architect, engineer, developer, representative): tZiWydj wq�
,��
Firm name: trC'� Phone: Vf0•I&W— Fax: ��t'6ZZ4 f
Address: 2(c"( "4r IV- Zip: &3'T 14 E-mail: IDhP �^AfG�I �ii• �I L
Primary contact is: ❑ Applicant ❑ Owner KAgent ❑ Other
Contact name: 6r✓ gam Phone: • l Fax: 668' 6z?-4Contact address: 2io 6?J
N4LXkAlr
. Zip: RI -1 i 4 E-mail: 444 �4K�r\Q�Ciu � • �Z
Subject Property Information
Location/street address: 4 -?-Jo 1
Assessor's parcel number(s):.. 1I152
Township, range, section: N Ilk)
Current land use: *41J7
Total acreage: 6 • T1
Current zoning district: C -C-1
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 + Website: www.meridiancity.org
1 (021082013)
10
Project/subdivision name:
General descrintion of me
Proposed zoning district(s): l. -C]
Acres of each zone proposed: �11
—
Type of use proposed (check all that apply):
❑ Residential AConintercial ❑ Office ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system i'{ t�'''(� development? bpC
Which irrigation district does this roperty lie within? %�}' 4¢015
Primary irrigation source:Cl V Secondary: C
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 1 ��� S•
Residential
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):
1 bedroom: 2 - 3 bedrooms: 4 or more bedrooms:
Minimum square footage of structure(s) (excl. garage): Proposed building height: _
Minimum property size (s.f): _
Gross density (Macre-total land):
Percentage of open space provided:
Percentage of qualified open space acreage:
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 Pro
Number of building lots: Other lots:
Gross floor area proposed: Existing (if applicable):
G 1! 2 1 u
Hours of operation (days and hours): 40h 6-h Building height:
Percentage of site/project devoted to the following: ''CC
Landscaping: ZZ•1® Building: LU Paving: ®•�O
Total number of employees: Z6 Number and ages of students/children (if applicable): 0 A
Total number of parking spaces provided: ('I Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature: -
Date: LZ • (0 ` 13
33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 a Website: www.meridiancity.org
2
Larson Architects, P.
Architecture and Real Estate Planning
210 Murray Street, Boise, Idaho 83714
Phone: (208) 376-7502 Fax: (208) 658-0224
December 10, 2013
Ms. Sonya Watters
City of Meridian
Planning Department
33 E. Broadway Ave., Suite 210
Meridian, Idaho 83642
RE: CUP -13-012 & CZC-13-146 — FANCI FREEZ MODIFICATION
Dear Ms. Watters,
Attached to this letter is an application to modify a previously approved Conditional Use Permit and
Certificate of Zoning Compliance 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 2,500 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. The Conditional Use Permit was required in order to develop this site for a quick serve
restaurant with a drive-thru. The previously approved site plan showed a two-lane drive-thru which has
been changed to a single lane. 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 previous design had 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. This has been
modified to reflect a single customer -ordering point. 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. Customers can now also access the drive-thru from the parking lot via a One -Way access lane
that can also serve as stacking space.
The applicant is proposing a building design that incorporates a "Retro" look similar to the existing Fanci
Freez at 14'h 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 cr6me, 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 18.00 3
BOISE IDAHO 03/0512013 11.12 AM
DEPUTY Nikola Olson
When recorded, please return to: Slmyll,6leIItedronieHecnrdtng IIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIilllllllllllllllllllllllll
RECORbED-REQiII+51' OF
erlghldn Development Inc. TITLEONE BOISE 113023713
12601 W Explorer Drive, Suite 200
Boise, ID 83`113
Alin, 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 ali 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
jIN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this
'day of 2013.
0 GRANTOR:
BRIGHTON INVESTMENTS LLC,
an Idaho lira ted liability company
By:
David W. Turnbull, Mana6ino Member
STATE OF IDAHO
$s.
County of Ada )
On thisay of 2013, before me the undersigned notary
public, personally appeared David W. Turnbull, YhoWn or identified to me to be the Managing
Member of BRIGHTON INVESTMENTS LLC, an daho limited liability company, the person who
executed the instrument on behalf of said limited liability, and acknowledged to me that he
executed the same in said -limited liability company's naynsj
REBECCA A. HANKS
NIMARY PUBLIC
STAM CE IDAHO
GENERAL WARRANTY DEED - 2
na ' ""gl1%/�
exp
fres L
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Exhibit A
PREMISES DESCRIPTION
Pr��t."fUa:38BZ
[date: va liber 12, �G%
A paroat of rata bong a pottion of the aW 114 0f III (31"f 1� of aeWon 26, TAN.,
RAW., MR. Meddien, Ada County, Idaho Out as kHowts:
00MMENCING at Ute Souttrmst comer pf auto Saattort 20, marked by a braaa
cap';thano9'ofong•lhei'l�tl:oundaryutssdd8ec�;ntt•2J .- .., .. .
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Cbmineidal•SoUVOo 8t Strf� Mlftry No. 1, filed for ntoord tot. onto of ttte Ada t'tntu pof,
t3riCoi'der, 0$s . fdaho lit Rb6k 1'O? of P1ais at pie t$3'SU encs afi�ng said" rtdsd
North lwtrrrslafy
Soulh'$R"36 IV East 30.OR fW to the Rtotthwmt corner of said C:onvoorom
t3auttrs+raet'8ubrliviston No, 1 ori Jho-%st M.ht-oi�vMay lino of Nonh Under Read, stid
t3oktt tseir� the �,9.�`�,.M N�., rnatfco< by air imn pant Utenoe t Id fast ,
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thmm Wong JIM aro of -'a vmtve to the M whvoe malas In ic*.00 feet, vdtosa owng
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EXHIBIT A TO GENERAL WARRANTY DEED
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
Blake R. Alder on behalf of
I Brighton Development Inc. 12601 W. Explorer Drive, Ste. 200
n
Boise (nom) Idaho (ad
(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:
(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 handess
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 ot August 2013
Brighton Development In
By:
Blake R. Alder (Signature)
AND SWORN to before me i
AMANDA MCCURRY
NOTARY PUBLIC
STATE OF 1600
My Commission Expires: t 15 t'3217
33 Moadway Suite 210 • Meridian,ldoho 83642
Phone: (208) 8845533 • Facsimile: (208)88a-6678 • Websito: www.meridiancity.org
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A N' Meridian City Hall, Suite 102
r ,z : , .33 E. Broadway Avenue,
''" '� I� 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 addressto 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 atthis location.
_(_ 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 REFLECTTHE CORRECT ADDRESS AND SUITE NUMBER (IF
APPUCABLE) AS REFLECTED ABOVE.
Address Verification Rev: 04)!3/12
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El 1 e 7�T Meridian City Hall, Suite 102
1t71 V 33 E. Broadway Avenue
Meridian, Idaho 83642
Community Development 208.887.2211
Date: 12/12/13
The address information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Fanci Freez
Address: 4970 N. Linder Rd.
Zip Code: 83646
Lot/Block/Sub: 2/2/Commercial Southwest #2
Parcel Number: 81527290020
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.
_X_ 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) 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