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Application MAYOR HUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUN CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: ~(~~ ~.~ ~q Request: Variance to reduce the number of required trees from37 three-inch Calipers to 25 two-inch Calipers By: The Bower Street, LLC /Walt Morrow Construction Location of Property or Project: southwest corner of Bower Street and East 5th Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 " no FP ~TY CLERK FILE CHECKLI Project Name: The Bower Street, LLC File No. VAR 00-019 Contact Name: Walt Morrow Phone: 853-3600 Date Received from Planning and Zoning Department: Planning and Zoning Level: ^ Notes: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: and Planning and Zoning Commission Recommendation: ^ Approve ^ Deny No PH at P&Z Level for Variances City Council Level: 0 Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: August 11, 2000 Hearing Date: Hearing Date: September 5, 2000 August 15, 2000 08/18/00 and 09/01/00 [~ Approve ^ Deny Findings /Conclusions /Order received from attorney on• Notes: Findings /Conclusions /Order: ^ Approved by Council: ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: ~ead~ine: ~o days ^ Published in newspaper: ^ Copies Disbursed: Zt'9, 7,ao O Resolutions: Original Ros /Copy Cart Mlnutebook Copy Res /Coq Cert. City Clerk City Englneer Cily Planner City AHOmey Sterling Cotlifi@rs Project File Copy Res! Original Cert: Ada County (CPAs) ApptlceM (non-CPAs) Recorded Ordinances: Original: Mlnutebook copes to: City Clerk State Tax Comm. State Treasurer, Audgor, Assessor Sterling Codfiers City Attorney City Engineer City Planner Project file AppGCard (If eppt) Fbdbgs / Ordent: Original Minulebook Copies to: Appgcard Projeq file Cky Engineer Cfiy Planner city Attorney « Record Vacatbn F6Mbgs « Recorded Oerebpment Agreements: OrlginetFireproof File Copies fo:Appflcard Project file City Englneer City Plermer City Atlomey CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoiung Ordinance) NAME; The Bower Street LLC (Owner or holder of valid option) //-X00-0~~ Phone:208-853-3600 ADDRESS: 283 and 301 E 5th GENERAL LOCATION: w , corner Bower t and a G t r (; n M ,- , ~ , a n ) LEGAL DESCRIPTION OF PROPERTY: Lot 6 , 7 & 8 B 1 k 1 Meridian Business Park PROOF OF OWNERSHIl' OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: /- L VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. DESCRIPTION OF PROPOSED VARIANCE: T C ~f~ i~ .~ ~~;~ J~~~~~,~ g ~~' ~= Z 2~ ~. 5 % ~~ ~ ~ 'lso /P ~ oluc~~n r1li-~ 3" fv a':.~~o~r- fi~t~s ~uP fv ~ss~b/P cl,~,~/cb,/~~ o~ 3"~./,~t~ s~u~~ I hereby certify that the information contained her~in is true and correct. SIGNATURE: ~ ®'D /~Ii..L~ir,.ti~ CITY COUNCIL RECORDS Date Received ~1~1~-A~}- < < ~ADj) City Council Hearing Date Received by -yr1P.~ /k- .C.~ 9~ • ~ BOWER STREET LLC VARIANCE 1. Address of subject property: 283 and 301 East Fifth Street Meridian, ID 83642 2. Name, address and phone number of applicant: Bower Street LLC 5446 W. State Street Boise, ID 83703 (208) 853-3600 3. Name, address and phone number of owners of subject property. Same as above. 4. Proof of ownership or valid option on the property or a contract interest therein with notarized consent of the titled owner. Attached. 5. Legal description of subject property. A portion of Lot 6 and Lots 7 and 8, Block 1, Meridian Business and Industrial Park 6. Present use of subject property. Vacant 7. What, is intended to be done on or with the property. Build 25,000-square-foot warehouse with 4,000-square-foot office . 8. the zoning district that pertains to the subject property. Light Industrial (I-L) 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required. Attached. • • 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction. N/A 11, A list of the mailing addresses of all property owners within three hundred feet (300') of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. Attached. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. These lots have 3 unusual easements that do not allow the planting of trees or other shrubs: a. Bower Street has an original townsite 80' right-of-way. b. Ada County Highway District has an additional ten-foot- wide easement to allow for a street drainage drainfield. c. Along the entire west property line, Nampa-Meridian Irrigation District has a 40' easement. Also, in regard to the 3" caliper trees, the applicant will make every effort to provide the required size. However, due to the fact that many nurseries are reporting a shortage or complete lack of 3" caliper trees, we are requesting a reduction in the minimum tree caliper size to 2". 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. Ordinance requires one 3" caliper tree per 1,500 s.f. of asphalt. Applicant requests reduction from 37 trees to 25 trees, with reduction in caliper from 3" to 2". Due to the easements involved, we feel we have maximized the number of trees provided on the site. This variance requests a reduction in the required trees to 25 two-inch caliper trees. 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. The property is hindered by unusual drainage and irrigation easements. If the Ordinance is applied to this property, the lot becomes non-functional and won't meet the requirements of the business. • ~ 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. Other properties are not burdened with these easements and rights-of-way. Also. in regard to the 3" caliper requirement, desirable species are not able to be obtained at this time. 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. The property has drainage and irrigation easements which are peculiar to the land. Special circumstances also exist in the fact that 3" caliper trees may not be available at the time occupancy is needed for the building which is under construction. 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. A literal interpretation of the provisions of the Ordinance will make the property unusable by the intended tenant, and a certificate of occupancy will not be issued if the site does not comply with City Ordinances. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. The circumstances of this property (in regard to easements) were the result of governmental actions, not those of the applicant. Nurseries in the valley are reporting unavailability of certain species in the 3" caliper size. 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. Granting of the variance will not give the applicant any special privilege that is denied by this ,Ordinance to other lands, structures or buildings in the same district. The variance would render this lot usable, allowing a business to exist and resulting in property tax revenue to the City of • • Meridian. The viability of any business on these parcels, given the conditions of the easements, would be questionable. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan. The Comprehensive Plan provides for the most efficient use of land and maximizing the landscaping with that usage. 21. A fee established by the Council - ($250.00 + $1.73 for each certified mailing to be sent (26) $294.98 Total Eee) 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. The variance would profit both the applicant and the City of Meridian. The applicant gets to relocate its business from poise to Meridian (the center of the Treasure Valley), Meridian gets jobs, a clean business, and property tax revenue it so desperately needs. Profit and convenience are not the sole reason the variance is requested. 23. A signed affidavit stating that the property will be posted by the applicant 1 week before the public hearing. Posting must contain name of applicant, description of zoning amendment, and time and date of public hearing. Official notices are available at the Planning & Zoning Department or at City Hall. The applicant will post a notice of public hearing one week prior to the time and date of said public hearing. i N l~ \ .. J ~ I /1 4 ~.~ ~ o~epl~r~ v=_n~oy ^etp~lay~ Q ~ •ti a a a~esa~oq,N pue a8eiols `Su~ln~ae}nuey~ y auto '-•a)~ ;~ _ ~H W ~_ t i33~115 113M O9 '3 -. - ~a w < ~ < a U F Z d p N 0~< o ~ Ji IC ~ d- U ~ < ~ Q° ,C£ Z LL d W C <<g~ ~ o W o p ~ ~~ 3.r< ~ ~ a 11p opc = 0 i ~ ~ W ~ V O S 0 ~ •' ~ 0 ~ F u ~ F F ~~ r ~< IL W LL= j w Z `U ~ Q ~ ° °W Jg W0 ~ ~ _ i p W> >d w` ~ ~ ~~ Q d W J J W L L' 1 J m~ F W V r C p. 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J " ~ w ~ ~ ~ u ~ D ~ < z ~ W W ~ W Z ~ _ ~ 0} u o U Y V < o~ G £ `~ ~ < ~ N ~ F d I i ~ 0 ~ ~ °1 ~` ~- a z t ~ Q Ct 0 ,~ g z >>> A F J J N O J rL - U T Q" u < ~ i. ~ C H ~ < LL 7 G od vl Q ~ ~ ~ F- ~ > 0 >J l ^ N ~_ T ° ~ g~3 Q W ^ LL J ~'1 ~ d iC D_ O ~ z N ~ ~ z Q - ~-- a S a ~ ~-I c ` 7 N ~() j I- -~ N N z F d~= N u l Q L ~ W W IL N > £ J < r- ' Q ICU L J eC ~ ~ ~\ [ ~ r W ~ °L l N W aL it < ~ 0~ ~ 9i W~ ~ OC (~ ~ d F<~ W W ~' L V~~ O ~ N V Q `~ C W ~ ~ <i ~ I IQ Q N < m N ~ e N N I N w m v ~ ~ 'U ~ d Q F F~ U O `L m W 0 O 0 ~ N I m ~ i ~ i ~ N p~ J J m< G ~ _ I- J W J l LL J LL J G a < o~ w~ z ~a o~ a~ a W~ N Wit • Mo~W Construction Meridian Planning and Zoning Dept. 200 E. Carlton Ave. Meridian, ID 83642 • July 20, 2000 Affidavit pertaining to Bower Street L.L.C. We will post a notice of public hearing one week prior to the time and date of said public hearing. ~~~~~~~ Walt Morrow GENERAL CONTRACTOR P.O. Box 770 • Meridian, ID 83680-0770 • (208) 888-5185 • Fax (208) 888-9936 R~CO~U~D QUi=ST 0~~ ~AflA, fJTY RECORDCR ~ J. a:~Y1R NAVARRO ~ ~ ...t ! ~. F -~-.-~DEFU T ~' 1999 0C 2.7 Pi°~ t~: 19 ~ 9 ~ ~ 5163 J~ WARRANTY DEED For value received, Meridian Industrial Park, an Idaho general partnership, the grantor, does hereby grant, bargain, sell and convey unto The Bower Street L.L.C., an .Idaho limited liability company, the grantee, whose cun'ent address is 5446 W State St, Boise, Idaho 83703, the following real property located in Ada County, Idaho: A parcel of land being part of Lot 6, and all of Lots 7 and 8, in Block 1 of Meridian Business Park, a subdivision, according to the official plat thereof, records of Ada County, Idaho, which parcel is more particularly described as follows: Commencing at the Northwest comer of said Lot 8, Block 1, of Meridian Business Park; thence South 00° 18' S7" West 85,25 feet to a point; thence South 00° 31' 11" West 252.03 feet to a point on the Westerly boundary of said Lot 6; thence North 89° 20' 30" East 260.05 Beet to a point on the Easterly boundary of said Lot 6; thence North 00° 31' 11" East 312.21 feet to a point of curve; thence along a curve to the left, said curve having a central angle of 90° 03' S7", a radius of 20.00 feet, and a long chord bearing North 44° 30' 47" West 28,30 feet to a point; thence North 89° 32' 46" West 240.28 feet to the point of beginning. To have and to hold said premises, with their appurtenances, unto the grantee, its heirs and assigns forever. And the grantor does hereby covenant to and with the grantee that it is the owner in fee simple of said premises; that they are free from al! encumbrances except assessments, claims, easements, restrictions and rights-of--way apparent or of record; and that it will warrant and defend the same from all lawful claims whatsoever. Dated: /0/ 7/g y MERIDIA DU TRIAL PARK B __ State of Idaho ) Authorize epre entati - ) ss. County of Ada fit. On this ~Z day of 1l , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared VWnston H. Moore, known or identified to me to be a partner of Meridian Industrial Park, a part-+o.~hio and he duly acknowledged to me that he ecuted the in ument on behalf of said partnership and that said partnership executed the sam~ ,','*ttltltlMlR~~. ,,~~ .i * L.g~ •,~ ,~y~• b y; •° G, • R ~: ~ ~ O = ~ ~ ~ a :~ 1 ~ ° ~i ., '° 7 :.. Notary P He for I aho Resid' at ~/9~`~Yl~/t / Comm Expires ~ d ~. • THE BOWER STREET LLC PROPERTY OWNERS WITHIN 3nrn COBBS LYLE R & COBBS DONNA L 326 N ORCHARD ST BOISE ID 83706-1627 521E 03RD ST SIMPLOT J R CO PO BOX 27 BOISE ID 83707-0027 360 E BOWER ST BUCHANAN DARWIN L PO BOX 383 MERIDIAN ID 83680-0383 502 E BOWER ST FLATEN ROBERT M 2720 VENABLE LN MERIDIAN ID 83642-5422 434E 03RD ST HOOVER LYND M 3420 SUGAR CREEK DR MERIDIAN ID 83642-1151 333 E BOWER ST BLESSIN BARRY K 217 E ADA AVE MERIDIAN ID 83642-2729 343 E BOWER ST 410E 03RD ST WILLIAMS ELIZABETH M 349 E BOWER ST MERIDIAN ID 83642-0000 MERIDIAN INDUSTRIAL PARK PO BOX 8204 BOISE ID 83707-2204 463 E BOWER ST 301E 05TH ST 283E 05TH AVE DRAPER RICHARD F 3015 TARGEE ST BOISE ID 83705-4058 294E 05TH AVE CRESTO JASON CRESTO BECKY 2473 S BAYOU BAR WAY MERIDIAN ID 83642-0000 575 E BOWER ST BRONSON KIMBERLY SUE 2778 NW ST 12TH MERIDIAN ID 83642-3100 424E 03RD ST WALSH JAY RICHARD 420E 03RD MERIDIAN ID 83642-0000 LUSK ALAN M & LUSK CATHLEEN PO BOX 997 EAGLE ID 83616-0997 272E 05TH AVE DELSMAN JOHN W & SMAN ROLLENE K 1244 MPSTEAD EAGLE ID -0000 550 E KING ST c~Po S{~~y~o wG ~~~S~~I, ITT /"' ~r ~ y 339 -~~ DIAZ FELIX CARNES CHRISTINE L 342E 03RD MERIDIAN ID 83642-0000 SSIN BARRY K 217 A AVE MERIDIA 83642-2729 410E 03RD ST BOWEN MARK F 303E 03RD ST MERIDIAN ID 83642-0000 330E 03RD ST SCHMECKPEPER M D ETAL TRUSTEES 157 E ADA ST MERIDIAN ID 83642-8291 330E 03RD ST 310E 03RD ST CVL ENTERPRISES LLC 5999 S 2400 WEST MOUNT STERLING UT 84339-0000 527 E BOWER ST • PRICE G S AND WILSON R L AND CAMPBELL W R 124 NW ST 10TH MERIDIAN ID 83642-0000 E 05TH AVE FLEMING SHELLEY RENAE 310E03RDS MERIDIAN ID 83642-2722 BENTLEY DONALD R & BENTLEY RENEE' M 4312 S RIMVIEW WAY BOISE ID 83716-0000 505 E KING ST VACHEK ROSTISLAV & ., VACHEK LUDMILA 607 LAWRENCE AVE BOISE ID 83709-0828 265E 05TH ST HINKLE BARRY L AND BARNES JANET L 302E 03RD ST MERIDIAN ID 83642-0000 MCDONALD WAYNE E & MCDONALD HELEN L 14 SCOTT MTN RD GARDEN VALLEY ID 53622-0000 231E 05TH ST ASHTON JAY L 104 PALMER DR NAMPA ID 83686-8312 226E 05TH AVE • Y~3;`2~ai 2t~t~~~ 15:27 2~i~-E58~8 STEPHEN R TEED ~H its - !U ~ UU MUN 15 t T3 FA1 '1'Ki»ASCtRE YALI.t;Y KU. GFRTli~'rCA7lgN rat~ ACCESS I.AW GC>MPI.IANCE F'r~t~E Et1 KLJ V U Y The undErstgned is the Architect of Rccor•d for the bow~,r Street, L[,C facility [o be locat~:d at [hc; corntr df East S"` and Sewer Streit in Meridian, ldahn at>Id is fhtnliUt-r with and conversant with all flppHcablc access laws and regulations; in~h.rdittg the A117~rICans H~itly Uisr~billtlt9 l~ct {ADA) and 111E Fall' Housing ntli¢tldtnents Act (1~FTAA). '~LO ~O To the Vest of my professioltaS judgetronr, the project, plans, and specifications prepared under ttly Cpt71'J"41 we[~e designed to bc: in Compliance with tf,Ioge trccess rcquirerncnts, i>7cludi[zg the requirc,neti[s of At7A ~,~,~ FHAA. • 9 ~~ ~ ~'~j Zb9£8 OI 'ueipi~ayy 'laagS isl lse3 ElL aoigp usipusyy s~utn~s iriapa,~ uo~uryseM ~haen °Pnaonio ° Bi ...~,a.,.,,,~~as ~6 ~ - a ,~ ~~ ~ ~~ ®~ $ C`~ ~ .~o a3aao > 3Hl 01 ~ 31V0 ~lbd .. l4ZE/BOOL-Z6 OLLO-089£8 OI 'Nb'IQIa3W OLL X08 'O~d O T O Z T NOIl~flalSNO~ MOliliOW 1ldM Z Q 0 3` N ~ _ `Y` ` ` / 5 G ^` = 0 ` ~ _ ~ C 0 p ~''~ :~ ~ '~ U 4 ~ 0 0 a X Q Q F- o ~ O o ~ W ~ o ~ _ a N ~ I \ ' ~ ~ V a S ' \` ` ~ f9 I~\ Z O \ \ v ~C ~ a ~ I w E o /'y, ~ ~ ~ u ~ ~\ f1, ' 1\ ^ \ a U m m ~ 1 1 ` ~ ~ ~ ~ o c U C ~ ~ m d T ~ m / a ~ ~ 2 ~ ~ ~` ~ a 4 ~ U U ~ •V1 ~~~~\\1 v ` M z - ~ N ' E N 3 ~ (O z ~ Q O ¢ o 0