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HomeMy WebLinkAboutSeven Gates Properties VARla p s HUB OF,TREASURE VALLEY Mayor_ a.,, . •' ROBERT D. CORRIE A Good Place to Live - City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN,'IDAHO 83642 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 EVIS LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL 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: November 26, 1999 TRANSMITTAL DATE: November 19, 1999 HEARING DATE: December 7. 1999 FILE NUMBER: VAR 99-009 REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING CURRENTLY ZONED AS i -L BY: DAROL FORSYTHE/SEVEN GATES PROPERTIES LOCATION OF PROPERTY OR PROJECT: LOTS 8 9 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION TAMMY DE WEERD 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 CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ;11 __ `__ `,1 N IRWIEIvED CITY OF MERIDIAN `, SEP 3.0 1999 33 East Idaho Street, Meridian, ID 83642 CITY Off' MMERID AN PLANNING& ZONING • ._ . - � Ina lap, AIV- doh VARIANCE APPLICATION `�`' (RE: Meridian Zoning Ordinance) 1 NAME: Darol Forsythe_ / Seven Gates Properties Phone: 208-887-9766 ,,(Owner or holder of valid option) ADDRESS: 2657 Windmill Parkway, Suite 390; Henderson, NV 89014 GENERAL LOCATION: Lots �8, 9, & 10 in Block 1, Layne Industrial Park Sub. LEGAL DESCRIPTION OF PROPERTY: same as above PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. " PRESENT ZONE' CLASSIFICATION: I -L (light industrial) 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: Reduction` of landscaping requirements to allow new construction site to match existing, and as typical in this area & subdivision. I hereby certify that the information contained herein is true and correct. SIGNATURE: - CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by g x ' o; A i wERIO,AN ROAD\ ?SSS j S 8 $a.2 � �YY i •+ �gYo 2 T � L=MT OVW _ LOMA so' N � � i a I�li I 0o x WMW to L1 z N. WEBB AVE. I � •'=Ya4 ��Sr` •i i CACLC = 0- 17) wY• I! Y �i3a7 _� �Ma'.'❑� i 1 I I m 40�0 .jggaaIg o; A i oo ?SSS j I 8 $a.2 � �YY i •+ �gYo y S �i i3 � so' a $ � � i a I�li I 0o x WMW to L1 z N. WEBB AVE. a •'=Ya4 ��Sr` •i i wY• I! Y �i3a7 _� �Ma'.'❑� i 1 I o r v -Fa" o��Oo-ai i, < 2OIQ - � :,,• n= ' ISI I r I a < < # o; 8F i oo ��y 7�o W d i 9 � �YY •+ �gYo y S �i i3 � so' � � i AVE. I 0o x WMW to L1 z N. WEBB AVE. a I I I! I mF a z < 2OIQ _ I I r I r `ny ssp"AA'-'P a-2 A -A Q 'z SNae o J a` x I �i6il I Q �ar ;•e7�'��"c'"�T fi� I t F-a<ng�vr 1'_ Lo I i,tl -m 61 C ocsT7S . � �J�s• � ( N Oa -04'4.' E &ASIS OF BEMwCS (1) J N I �1 rw z�� 8F flQ oo ��y 7�o W d i Lo I i,tl -m 61 C ocsT7S . � �J�s• � ( N Oa -04'4.' E &ASIS OF BEMwCS (1) J N I �1 I I I I oo = X I I C )31 30 I I �gYo �6 so' N. ►GCHWE AVE. I 0o x WMW to A q woao.,s�7,I A 4 r ( C r -C Lo I i,tl -m 61 C ocsT7S . � �J�s• � ( N Oa -04'4.' E &ASIS OF BEMwCS (1) J N I �1 I yl I I �Ii I I I I C )31 30 I I �gYo �i N. ►GCHWE AVE. /3A Y w aeos',,r E (,I 16QW nl A 0o x WMW to A q woao.,s�7,I A 4 F^ • £D8'ARDS & C MI(INCS LLC. PRELIMINARY PLAT OF C/r/L/JTRCC7VAAL !AelN![lU/,C 2 sevcw CATM rKOUTMAL suvorvcmw76M LANG JUMfrJ� , om srsvxp .L.t DUN MA"7-7 iFOR JCHN POFSY•[HE ® ~ .�sn II MEN! r ' 2$ e g .w- bSSSbbn � �. la.x• mI. e.. •y: Ya4 �m; r _ 2F=*"i a o i" na�n H9 QgY1 Pa,s 41 � N w g ,p HPQ�ab�� nYim�r?> Ir - 9 : c I 54i 6 S N. WEBS AVE,tz ao�cJ9 S3 r7 Ig a s" a®•• 1 I 1�.2 •..oa 1 I I o a�� LI b I 1'1 9 AN -N 3w UI (1'�'•' % CI O1p� vY �631a�iev t p t t— AAi gQaiDK� kz �- isa9Vj C i Ln a i saooiorrn), 0) ' �= 8.2• o � + - '1i tiger 1 SI I -----+i$� A n1 ? I------ 1 i1 1 � I I � �"' � •�� ':, � i N oort•sr �� _� I I.1 I lY I Z r a Q r' � 'o` $J -i II I'f (gz r -7 ---IA r— r w;�, I e I I cc y �ti co OPZY2Y' E. l Z7.25• . -II'" i "'`• DC7 Wa -t" •—•--•--�._� N 00�2'at• ■ �7E0.94' 30,4.2 I 1 4"Y PRELIHIt(ARY PLAT OF am�r •, CIMI"ACTUNAC IWYIC)UW a SEVEN CATH IMD[iSMAL SUBOMOTON er•6, ; oa ,m _ ,,,,, ., ,p, LAND SURVIMU, OPS SINYJCIJ NMmum. WHO ".+"r.a..�'"::•:a-y�.`n a,•.". FOR JOHN FOHSYTHE l•.7a Nm s�l� �t1«+L_ Sfk:p,,.ETaxY OF STjp�E OF N_5� v LIMITED -LIABILITY COMPANY CHARTER !, DEAN HELLER, the Nevada Secretary of State, do hereby certify that SEVEN GATES PROPERTIES, LLC did on SEPTEMBER 4, 1998, file in this office the Articles of Organization for a Limited -Liability Company, that said Articles are now on file and of record in the office of the Nevada Secretary of State, and further, that said Articles contain the provisions required by the laws governing Limited - Liability Companies in the State of Nevada. IN WITNESS WHEREOF, I have hereunto set my nand and affixed the Great Seal of State, at my office in Las Vegas, Nevada, on SEPTEMBER 4, 1998. i Secretary of State BY C rtification Clerk X RECORDING REQUESTED 13Y SEVEN GATES PROPERTIES, LLC AND WHEN RECORDED MAIL TO: SEVEN GATES PROPERTIFS, LLC 2657 Windmill Pkwy. 0390 Henderson, Nevada 89014 FOR VALUE RECEIVED I (ADA CGUNTY 011L'Eft 1 J. DAVID N VARRO I 60ISL IDAHO � 1990 SP 17 pH 3t 06 i i I I f I I 1 , OF Fffi-I �' DEPUTY 98089210 Above Th)s Une For Romrdet s Use WARRANTY DEED DAROL FORSYTHE and JUDY FOfiSYTHE, Husband and Wife, the Grantors, of 15401 Cartwright Road, Boise, Idaho 83703, do hereby grant, bargain, sell and convey unto SEVEN GATES PROPERTIES, LLC, a Nevada limited liability company, whose current address is 2657 Windmill Parkway, Suite 390, . Henderson, Nevada 89014, the following described premises, in Ada County, Idaho, to wit: LOT 8, 9 AND 10 IN BLOCK 1 OF LAYNE INDUSTRIAL PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 69 OF PLATS AT PAGES 7113 AND 7114, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, Willi their appurtenances unto the said Grantee, SEVEN GATES PROPERTIES, LLC and its heirs and assigns forever. And the Grantor does hereby covenant to and with the Grantee, that they are the owners in fee simple of said premises; that they are free from all encumbrances, and that they will warrant and defend the same from all lawful claims whatsoever. Dated: - DAROL FOWYTUE JUDY FOR 4 STATE OF IDAHO ) COUNTY OF ADA ) I`1 On 1 q MS , before, me, a notary public in and for said County and State, nergons�lh,..rapnps�rpd.>1n.RnL FnnCvr:�r....,� .Y.-C^SYTi;Er-mown tome to lie the person$ wlrose`riames , are subscribed to the within instrument and acknowledged to me that they executed the same. - 61A11—Ac Notary Public 'Signature d o Residing at ti) mQ�tt Idaho U1 Commission Expires _��2(Q�boZ_ "•,<rc��>� �c•�=� e+ecrca.:nucn: Letter to Accompany Variance Application Letter for:, Seven Gates Industrial -Subdivision This narrative is to accompany the Variance application requesting reduced landscaping requirements. It is intended to address items contained in the City of Meridian's "Application and 'Standards for Variances" 2-419. These will be addressed by number. The section that this letter { refers to is 2-414 D 2`C. (number of trees required per; square foot of Pavement area). 1.) Address of subject property: 2269, 2307, and 2393 E. Commercial Street, Meridian, Idaho. 2.) Applicant. Darol Forsythe 2657 Windmill Parkway, Suite 390, Henderson Nevada, 89Q14 (702) 240-2300`or (208) 887-9766 3.)- Owners: Same as 2JAbove. 44) Proof of ownership: °Attached. A 5.) Legal Description: Lots 8,9 and 10, in Block 1 of Layne Industrial Park Subdivision, as per t °the Plat thereof in Plat Book 69, at Pages 7113-7114, official records of Ada County, Idaho. 6.) Present use of Property: Present use of 3/4 of property is light industrial, and is currently occupied:, -° 7.) Proposed use of Property: Proposed -use of remainder of property is also liaht'industrial. 8.) District that pertains to,property: I -L (Light Industrial), 9.), Vicinity Map:=30 copies submitted herewith. 40.){ Buildina Plans: These have not been completed, although a °`footprint" is included on the Preliminary Plat, 30 reduced size copies of which are submitted herewith. The proposed building is to,be a warehouse/office building, consistent with the adjoining properties.. 11:) Mailing list of adjoining property owners within 300 feet: Submitted herewith. 12.) The characteristics that would prevent compliance, with.this ordinance: Three quarters of this site is currently developed. What we are trying to accomplish with this Plat is to Create four lots where three currently exist; and to locate the Lot lines to take into account existing structures. Along.three-quarters of the south line of this property, and -approximately one-half of the east line, currently exists an expensive cyclone fence, and paved parking areas up to that fence. It would it be costly to relocate the fence, and remove the asphalt from that area, 4i as well'as the fact that no imgation water is available on these lots in' Layne Industrial Subdivision.. City water would be required to irrigate these trees. Also,.tlie parking situation is currently a little tight, and would be worsened by the loss of the previously mentioned paved parking square footage! 13.) Minimum Requirements of this ordinance requested to be reduced: Reduction of the number of trees required, for this site to 34 (25,nowexist — 9 are proposed).._ - 14.1 Difficulty or hardship that would result from strict enforcement of this ordinance: Besides the cost of removing asphalt parking area, the waste of treated city water for irrigation purposes mentioned above on line 12.), strict enforcement would reduce or eliminate the usable building area on lot 4, (proposed), due to the area required to hold that many"trees with reasonable -spacing. 15) Unusual -or peculiar circumstances: I am not sure what would be "peculiar", however see 12) and 14.) above, and copies of'the preliminary Plat. r L , t. c j • ,. a ,4 ''". ... 4 16.) Statement of.special conditions, etc. I am not sure what would entail special circumstances, however„the existing buildings, asphali,'fences etc. do make compliance impractical: Please see 12.) and ,44.) above, and copies of the preliminary Plat., 17.) A literal'inte`rpretation of this ordinance would. seem to deprive this applicant of the -same r.,use,of his property, not to mention -the cost, of other properties in Layne Industrial Subdivision.. Attached are some, photos of other properties in this area and zoning district. No one else has been required to plant as many trees, it seems° 18.) Building permits fo'r the existing buildings°and site layouts were approved previously by the City of Meridian; as well as for, other properties "in the area. These existing conditions are, A not a result of the applicant's actions. 19.) . Granting this variance'would not confer upon the applicant any special privilege; in flet, ` granting this variance would be consistent with other properties in the area. 20.) Relationship to the City.of Meridian Comprehensive�Plan: This should be consistent with the Comprehensive Plan, the zoning and.local area`uses and designs are -consistent with this property's planned use. ; 21.) 'Fee: $250.00 + 16 X 1.73 for certified mailings = $277.68 (attached). 22.)` Granting this variance would convenience the applicant to. not have to go to a great deal of expense to rearrange fences, parking and construct' landscaping on existing and operating business sites. Other reasons include consistency with neighboring, existing uses, reasonable use of the.property, and perhaps fairness. 23.) A signed affidavit stating that the property will be posted by the applicant.l week before the public hearing. Posting must contain the name of the applicant, description of zoning amendment, and date and time of the'public hearing. (Attached). m c ,n w _ 2 .. z • 4 F } 1 i e AFFADAVIT OF POSTING f It is hereby`acknowledged & confirmed that the real property which is the subject of this variance request will be posted by the applicant I. week before the public hearing. Posting will contain the name of applicant, description of zoning amendment, and time and date of public hearing. Applicant will use an official notice to be obtained at the Planning & Zoning Department. A w i u ri e , k u 4 � Y n fi. r 3 t f caves v 1 i u � cy` 4� i m 0 c m <M Z G) <m >z My cn N r r— m X n o0 ov c— cn 0 z 253 sem` APPLICATION FOR REGISTRATION OF x FOREIGN LIMITED LIABILITY COMPANY . 50 -Z (Instructions on back of application) C8 1. The name of the limited liability company is: SEVEN GATES PROPERTIES, LLC 2. If the name of the limited liability company is not permissible or is not available in Idaho, the name the foreign limited liability company will use in Idaho is: N/A 3. The jurisdiction under whose laws the limited liability company is organized is NEVADA and the, date of its formation was SEPTEMBER 4, 1'9 9 8 4. The name and street address of the registered agent in Idaho is: DAROL FORSYTHE 2307 EAST COMMERCIAL STREET, MERIDIAN, IDAHO 83642 5. The address of the limited liability company's office in the jurisdiction under whose laws it is organized is: 2657 WINDMILL PARKWAY, SUITE 390 HENDERSON, NEVADA 89014 6. The address of the limited liability company's principal office, if other than the address in 45 above, is: 2657 WINDMILL PARKWAY SUITE 390 HENDERSON, NEVADA 89014 7. The address to which correspondence should be addressed is: P. 0. BOY 860 MERIDIAN, IDAHO 83680 8. 'Signature of a manager, if any, or a member ifs are no managers. DAROL G AA*Sta; 3 FORSYTHE/ Secretary only Typed or Printed Name a 10/02/1998 09:00 Manager M Member ❑ 2 CK: 2846 CT: 194816 3H: 150435 9. Signature of the registered agent namedc '• a 100.98 = 100.38 REGFOROLLC 4 2 1 z3 29.88 = 28.38 EXPEDITE C 4 3 hove.� i �° /. i U 7 DAROL FORSYTHE � HLED N THE OFFICE OF THO' ZECRE7ARY OF STATE OF -Hi • STATE C NEVADA SSP 0 4 10 � � SEVEN D_AN ELLER, SECAE-WY OF S TA7: E GATES PROPEFM ES, LLC A Limited -Liability Company ARTICLES OF'ORGANIZATION KNOW BY :ALL MEN THESE PRESENTS: That we, the undersigned, for the purpose of association to establish a limited -liability company for the transaction of business and the promotion and conduct of the objects and purposes hereinafter stated, under the provisions of and subject to the requirements of the laws of the State of Nevada, do make, d record and file these articles of Organization in writing. AND WE DO HEREBY CERTIFY: FIRST: r) The name of the Company is: "SEVEN GATES PROPERTIES, LLC". SECOND: The street address of the records office in the State of Nevada is 2657 Windmill Pkwv., Suite 390, Henderson, Nevada 39014. The Resident Agent for service of process shall be D. J. Young & Associates, LLC, and their office address shall be the Registered Office address at 1350 E. Flamingo Road, Suite 414, Las Vegas, Nevada 39119. The Company may also maintain an office or offices at such other places within or outside the State of Nevada, as it may from time to time determine. Company business of every kind and nature may be conducted, and meetings of members and managers held, within or outside the State of Nevada. THIRD: The day4o-day business of the Company shall be conducted by one manager elected by the members. The manager shall be authorized to incur any debt, obligation, or liability on the part of the Company. Page 1 of 4 Seven Cates Properties , LL* Articles of Organization The name and post office, addresses of the initial manager who shall serve until the first annual meeting of members or until a successor is elected and qualified, is as follows: DAROL FORSYTHE F. O. Box 360 Meridian, Idaho 83680 The number of managers of the Company may from time to time be increased or decreased as determined by the holders of two-thirds (2/3) of the membership- units as defined in the Operating Agreement. Only the managers may act on behalf of the Company. FOURTH: This Company shall exist for thirty (30) years from the date of filing by the Nevada Secretary of State unless sooner dissolved pursuant to the iaw of the State of Nevada, or these Articles of Organization, or the Operating Agreement of the Company. FIFTH: The Company may engage in any lawful activity, including but not limited to, buying, selling, developing, improving and managing real property. SIXTH: No member or manager of this Company shall be liable to the Company or its members for any breach of fiduciary duty as- member or manager of the Company. This provision shall not affect liability for acts or omissions which involve intentional misconduct, fraud, or a knowing violation of the law. The members and managers of the Company are not liable under a judgment, decree, or order of the court, or in any other manner, for a debt, obligation or liability of the Companv. All expenses incurred by members or managers in defending an administrative, investigative, civil or criminal action, suit or proceeding, related in any manner to the business of the Company, must be paid by the Company as they are incurred in advance ,of a final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of a member or manager to repay the amount if it is ultimately determined by a court of competent jurisdiction, that he or she did not act in good faith, in the manner he or she reasonably believed to be in or not opposed to the best interests of the Company, and, with respect to any criminal action or proceeding, with no reasonable cause to believe his conduct was unlawful. Page 2 of 4 Seven Gates Properties , LL SEVENTH: Articles of Organization The Company may admit new members upon such terms and conditions as may be specified by the existing members, only upon the unanimous written conserit`of the existing members. Anew member may be substituted for an existing member upon the unanimous written consent of the remaining members or as provided in the Operating Agreement. The Company may continue its business upon the death, retirement, resignation, expulsion, bankruptcy or dissolution of a member, or the occurrence of any other event which terminates his'cofitinued membership in the Company upon the unanimous written consent of the remaining members. EIGHTH: c The Original Organizer of the Company who executed these -Articles of Organization.in duplicate on the date so stated is the firm of D. J. Young & Associates, aLLC whose business -address is 1350 E. Flamingo Road, Suite 414, Las Vegas, Nevada 89119. Sued and Dated: Original Organizer: D. J. Young & Associates, LLC �1 By D. J. Yo g, : r 'CERTIFICATE OF ACCEPTANCE OF ARRCIN7NYEN7 OF RESIDEN 1 AGENT I, D L Young. -Manager of D i Young & Associates. LLC hereby accept the appointment as Resident Agent, for the above named limited liability company. Signet�and Dated Page 3 of 4 Signaturee deA ent Seven Gates Properties , LL* 9' ACKNOWLEDGEMENT is Articles of Organization STATE OF :NEVADA j 55. COUNTY OF CLARK } This ins=rtennt was acknowledged before me on by D. J. YOUNG, who is the Manager of D. J. Young & Associates, LLC, the Original Organizer named in said instrument. JEANNIE C. WILUA.MSCN 140W rV �Ubk - WNibM My apex. �. Ap. t3, 2m1 Notary Signatu e �iotary Seal Page 4 of 4 r Seven Gates Properties , LLO Operating Agreement adjourned meeting at which a quorum shall be present or represented, any business may be transacted g which might have been transacted at the meeting as originally notified. When a quorum is once present to organize a meeting, such quorum is not deemed broken by the subsequent withdrawal of any Members. 3.05 Voting Every Member entitled to vote at any meeting shall be entitled to vote in accordance with his interest in the Company held by him of record on the date fixed as the record date for said meeting and may so vote in person or by proxy. Any Company action shall be authorized by a majority in interest of the votes cast by the Members entitled to vote thereon except as may otherwise be provided by statute, the Articles of Organization or this Operating Agreement. 3.06 Proxies Every proxy must be signed by the Member entitled to vote or by his duly authorized attorney- in-fact and shall be valid only if filed with the Managers of the Company prior to the commencement of voting on the matter in regard to which such proxy is to be voted. No proxy shall be valid after the expiration of eleven (11) months from the date of its execution unless otherwise'expressly provided in the proxy. Every proxy shall be revocable at the pleasure of the person executing it except as otherwise provided by statute. Unless the proxy by its terms provides for a specific revocation date and except as otherwise provided by statute, revocation of a proxy shall not be effective unless and until such revocation is executed in writing by the Member who executed such proxy and the revocation is filed with the Managers of the Company prior to the voting of the proxy. 3.07 Conduct of Meetings All meetings of the Members shall be presided over by the Operating Manager or, if he is not present, by another Manager or a Member thereby chosen by the Members at the meeting. The Operating Manager or the person presiding at the meeting may appoint any person present to act as secretary of the meeting. ARTICLE IV RIGHTS, DUTIES AND COMPENSATION OF THE MEMBERS - 4.01 Management The Members shall meet at least annually and elect "Manager(s)" who shall be responsible for the management of the Company's business. The Managers, to the best of their ability, shall have full, exclusive and complete power and discretion to make all decisions and to do all things which they Page 5 of 20 Seven Gates Properties , LL* is Operating Agreement deem necessary or desirable to carry out the business of the Company, except as otherwise provided by applicable law or this Agreement. The'irutial Managers of the Company shall be DAROL FORSYTHE and JOHN FORSYTHE. (a) The Members shall choose one of the Managers to be the Operating Manager. The Operating Manager shall be the chief executive officer of the Company and shall have general charge of the business and affairs of the Company, subject, however, to the right of the Members to confer specific powers on other Managers. (b) The initial Operating Manager of the'Company shall be DAROL FORSYTHE. 4.02 Membership Dedsions Except as otherwise expressly provided in Article XI and the Articles of Organization, all decisions and approvals of the Members, including the election of :,tanagers, shall require an affirmative vote of a majority of the outstanding units held by the Members excluding Units held by a Defaulting Member. 4.03 Compensation for Services No Member shall be entitled to compensation for his services to the Company except as approved by the Members. ARTICLE V UNIT CERTIFICATES REPRESENTING MEMBERSHIP INTEREST 9.01 Form of Certificates Each'Member shall be entitled to a Certificate or Certificates in such form as prescribed by the Members and any applicable statutes, which Certificate shall certify the units of Membership Interest in the Company. The Certificates shall be numbered and registered in the order in which they are issued. Upon issuance of a Certificate, the name in which the Certificate has been issued together with the interest in the Company represented thereby and the date of issuance shall be entered in the Membership book of the Company by the Managers or by the transfer agent of the Company. Each Certificate shall be signed by the Operating Manager and his signature may be a facsimile thereof. The signature of the Operating Manager upon a Certificate may also be a facsimile signature if the Certificate is countersigned by a transfer agent or registered by a registrar other that the Company itself or another Manager of the Company. In the case the Operating Manager who has signed or whose 'facsimile signature has been placed upon a certificate shall have ceased to be such Operating Manager before the Certificate is issued, such Certificate may be issued by the Company with the same effect as if the Operating Manager had not ceased to be such at, the time of its issue. Page 6 of ?0 ia � - Sevoii-Gates Pr'operfies. f 2307 E. Commercial St. Mericl.ian, IY 83642 (208) 887-9766 .FAX (208) 887-1467 MEMO Jialy 28, 1,999 To: City of Meridian, Planning & Zoning Fr: John Forsythe Re: Variance Request and Owners Consent Seven Gates Properties requests a variance from the requirement for trees. We have planted trees around the site for the existing buildings. This has been done in good taste and we wish to continue the same. landscape`plan. Tliis has created an esthetically pleasing landscape in line with the land use, industrial park. UA F: _may\�I f � ✓JW U � I��� V 6 i 9 13 NOTICE OF HEARING NOTICE 1S HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 730 p.m. on December 7, 1999, for the purpose of reviewing and considering the application of Seven Gates Properties, LLC for preliminary nal plat of proposed Seven Gates Industrial Subdivision which is generally,, located on North Locust Grove Road where lots 8,9,10 of Layne Industrial Park now exist. Furthermore, the application" requests a variance for reduction of landscaping requirements to allow new construction site to match existing. Current zoning I -L. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, .33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10th day of November 1999. \\\55141t(Irrttr�rlfff WILLIAM G. BERG, A, CITY CLERK SEAL PUBLISH November 19 a t'EDe�cembe 1 x/11999. isl /4l`/1;/rl9iS 4i6t555\\ IV E,® /6 errIin9S a $/.72X Z = 455, JUN 1f1999 , SEVEN GATES INDUSTRIAL SUBDIVISION (LOTS 8,9,10 OF LAYNE INDUST. PARD r PROPERTY OWNERS WITHIN 3001, R M , CROSSROADS BUSINESS CENTER LLC KMY PROPERTIES LLC PO BOX 2727 505 E ROOSTER CT BOISE ID83701-2727 EAGLE ID 83616-3859 725 N EAGLE RD 2133 E COMMERCIAL ST N EAGLE RD LEA REX M & LYNN FAMILY TRUST ELIXIR INDUSTRIES 10861 SANDPIPEWST 17905 S'BROADWAY ST. BOISE ID 83709-1253 GARDENA CA 90248-3509 2201 E COMMERCIAL ST 725 N EAGLE•R.D G SEVEN GATES PROPERTIES LLC B W'INC 2657 WINDMILL PARKWAY 250 BEECHWOOD DR SUITE #390 SUITE #120 HENDERSON NV 89014 BOISE ID 83709-0944 2269 E COMMERCIAL ST 1835E PINEAVE2307 E COMMERCIAL ST t 2393 E COMMERCIAL ST DMHR DEVELOPMENT LLP PO BOX 770 HOOD CORPORATION MERIDIAN ID 83680-0770 PO BOX 4368 r 2188 E COMMERCIAL ST - WHITTIER CA, 90607-4368 E LANARK ST AMERICAN WALLCOVER INC, 245 BLUE HERON LN, H & H ENTERPRISES LLC MERIDIAN ID, 83642 2091 WHITECLOUD'CIR . 2266E COMMERCIAL ST TWIN FALLS ID 83301 E LANARK ST HOP KINS BARRY M & KRIS 15246, FROST RD CITY OF MERIDIAN CALDWELL ID 83605 33 E IDAHO AVE 2300 E_ COMMERCIAL ST MERIDIAN ID 83642 E LANARK ST TAYLOR CHARLES Er 7180 AMBLESIDE DR JOINT SCHOOL DIST42 BOISE ID:=83709-4903 911 N MERIDIAN RD 2390 E COMMERCIAL ST MERIDIAN ID 83642-2241 LANARK GREAT WESTERN CHEMICAL CO 808 SW 15TH AVE JOINT SCHOOL DISTRICT #2 PORTLAND OR 97205-1907 2540 E FRANKLIN RD N EAGLE RD MERIDIAN ID 83642-5910 N Mayor ROBERT D. CORRIE 7� HUB OF TREASURE VALLEY A Good Place to Live City Council Members CITY OF MERIDJ)L CHARLES ROUNTREE 33 EAST IDAHO�J GLENN BENTLEY MERIDIAN, IDAHO R6,42 5 1999 RON ANDERSON (208) 888-4433 - Fax (208) 887-4i jev 1 KEITH BIRD City Clerk Fax (208) 888-4218eridiaD City City Olerk Office LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: VAR 99-009 REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING CURRENTLY ZONED AS I -L BY: DAROL FORSYTHEISEVEN GATES PROPERTIES LOCATION OF PROPERTY OR PROJECT: LOTS 8, 9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION TAMMY DE WEERD, 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 CHARLIE ROUNTREE,-C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE DI III IIIAIt-- MCMADTIIACAIT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) Meridian Ci Courica' City titin 9 December 7, 1999 Page 40 here that everyone is invited back and they'll all have an opportunity to address the issues that are brought up that are new at that public hearing whether they're for this project or against it. Rountree: Okay. Anymore discussion? Bird: I have none. Rountree: Okay. Again, it's been moved to continue the public hearing until December 21 st. All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Rountree: Motion's been passed. Any other questions? Bentley: Just another motion. Rountree: Need Glenn's favorite motion. Bentley: I move that we take a ten-minute break. Bird: I second it. Rountree: Moved and seconded to take a ten-minute break. All those in favor? MOTION CARRIED: THREE AYES, ONE ABSENT (MEETING RECONVENES AT 10:00 P.M.) ITEM 11. PUBLIC`HEARING: REQUEST --FOR -REDUCTION OF �L:OtNDSCAPING, REQUIREMENTS- 'TO- - AL -LOW --,-_NEW CONSTRUCTION SITE TO MATCH_EXISTINGAND-AS TYPICAL IN THIS_ AREA AND SUBDIVISION'- -BY DAROL FORSYT_HEISEVEN-GATES -PROPERTIES r- LOTS 8,''9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION: ITEM 12. PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR SEVEN GATES INDUSTRIAL SUBDIVISION BY SEVEN GATES PROPERTIES, LLC, - NORTH OF LOCUST GROVE ROAD WHERE LOTS 8, 9, AND 10 OF LAYNE INDUSTRIAL PARK NOW EXIST: Corrie: All right. We're back on the air. It's 10:00. Open the public hearing on 11 and 12. If there's no objections from the applicant, is the applicant here tonight? Is there any objection to opening them both together? Rather have them separate? One is going to be a variance. I see that on No. 11. In 12 is Meridian City Council Oting December 7, 1999 Page 41 preliminary. We'll have to take care of the variance and then come back for preliminary plat before we can do that, but we can do them all at once if you like. Okay. Then I'll open the public hearing for Item No. 11 and 12 at this time if it's agreeable with Council. Bird: It's agreeable. Rountree: It's fine with me. Corrie: Okay. So, Shari, if you will — while we're waiting, Charlie, thank you for conducting the meeting. I was — Rountree: Did you raise a lot of money? Corrie: Yeah. We got $400,000 so far. That's the Salvation Army had the telethon, and they wanted $300,000 and we were at $400,000 when I left. I think they're going to be able to (inaudible) go with it. Thank you, Charlie. (inaudible discussion amongst Council members) Stiles: Mr. Mayor and Council, Item 11 is a request for a variance of the landscaping requirements. The old ordinance section was 11-2-414D2, Items A and C under that provision which require a minimum of one three-inch caliper tree for every 1500 square feet of asphalt. As part of their preliminary plat, they have three buildings, they have three lots, they're requesting to increase the lots to four to allow construction of another building. They're severely under - landscaped out there. The plans that were approved as part of the building permit were never constructed. They do have some landscaping. Our comments regarding the variance of the landscaping requirement are in with your plat comments. They would be on the recommendation to the City Council for the plat, it would be on Page 3, Item 1.7. Staff could support some reduction in the landscaping, but not what they have requested. They're proposing a total of 34 trees for four lots which is not acceptable. We have asked for.ten-foot wide landscaped area around the south, east and west boundaries of the subdivision, and in that — by that method, they can accommodate 68 of the 77 trees they would be required. The entire site is building and asphalt. Majority of the landscaping they do have now is in the right-of-way. They have indicated that they think they meet what the rest of that subdivision has installed as far as landscaping, but we have found no evidence that any of the lots in that subdivision are deficient to this point. We would ask as part of the variance if it is approved that our comments stated at 1.7 on Page 3 for the plat be incorporated as part of that variance allowance. There are currently three buildings. I don't have the exact lot lines where they would be. Their parking is also severely limited as far as driveways and parking on site. There's a serious problem with on -street parking in this area. This eventually is planned to go through, would go through the Elixir (sic) property and onto Eagle Road. We do have a letter in the ' Meridian City Council 1� _sting December 7, 1999 Page 42 file from Walt Morrow. He was, opposed to it. That is, as far as I know, the only n. He owns right here, opposition from owners within the subdivisoin n ordinance. I hope t at you have and, he has met the requirements of the zoning a copy � of that letter in your packets as dated November 8, and he wanted to make make sure that was included in the record. Their proposal is bund ng here, four and lots or they would have _a building here, a building propose a new -building on this lot. That's all I have. Corrie: Thank you.. Any questions? Rountree: Mr. Mayor. Corrie: Mr. Rountree. , Did I hear you correctly, Shari? You',ve;looked at,.th development e lpme with our Rountree: D this particular subdivision at this point in time and they are consistent landscaping ordinance requirements? Stiles: Yes. Rountree: Okay. Corrie. Oy. Y ka . An other questions?' Since this is a. public hearing, I'd, invite the applicant to speak first. Henkley: First, and I have'.(inaudible) these are the plans for the (inaudible) — 4 o-. Corrie Okay.. I need you to get your name on the record first. I live at 1036 Taffy Drive in,Nampa. I'm Henkley: My name's Robert Henkley. (inaudible)working for the client. If withia surveying and engineering company ( reliminary plat you want to, open those up. Basically'what it'shows is what mymp shows is the landscaping -is built (inaudible)*,p tans. It. does have:a disclaimer down in the corner, but those were the approved plans, and that is what was bng to uilt out there. They built the buildings across the lot lines. build ngs acre and build the basically, is move the lot lines` to reflect whereTis future proposed building up in the corner there 'as shown othatonjhose plan l n It's a littls. e a terrible copy. I have` the blue -line if you wanted t pass doesn't go around the better copy. You can see the amount of landscaping perimeter or anything. Corrie: So you're proposing 34 trees on the four lots? Henkley: Yeah. .If'you have- a copy, we brought copies in, you should in your packet, 1 would imagine, have a' copy of the preliminary plat, -full-size there that you can see with the landscaping pretty much matches what's on those plans Meridian City Council Being December 7, 1999 Page 43 there (inaudible) built. Also maybe like to bring to your attention, the parking which except for a small area behind Building 1 on the new Lot 4 would meet requirements; however, if we take off a ten -foot strip around the edge, we wouldn't be able to possibly meet parking requirements. We'd lose too much square footage. It's all currently asphalted. All we'd have�to do is do a little re - striping back there. We'd have to remove a lot of asphalt, fences. Bird: Are the first three buildings up? Henkley: The first three buildings have been in existence since, I believe, about '94. (inaudible) I've also brought some pictures, if you like, because City — what the landscaping does look like in actuality, and kind of what some of the neighboring ones do. (inaudible) I don't know if you have any other questions for me. Corrie: Council, any questions? Bird: l have none. Corrie: Okay. All right. Thank you. Anyone else in the public that would like to issue testimony? Okay. If you'll give us your name and spell your last name, please. Downing: Sure. My name is Bill Downing, D -O -W -N -1 -N -G, I'm with Reinco Construction. Just a couple little quick things. The point of the landscaping not meeting those original drawings was — there were some changes, but it was because of the Fire Department needed access and visibility to get in. I can — I have it on the original (inaudible - walked away from microphone) It's not much but (inaudible) Second point I was going to make is just the street parking. Did you get those pictures of the street scenes? These are just street scenes of that subdivision. (inaudible) Currently in the second building, it's shared by a mechanic, repair shop and a moving company. The new building that's proposed will be occupied by the mechanic shop and the moving company will take over the entire building for no. 2 there which gives them all the parking behind that building. In the pictures, you'll see it's a moving truck that's parked out in front of this facility. It usually is. But that's not just true of the Forsythe's property, either. If you're looking at on -street parking, you'll see across the street, neighbor there, that has three or four cars out there every day. It'll actually improve the parking if they get approval of the variance and (inaudible). I think that was all I got. I just wanted to get that out. Corrie: Thank you. Is there anyone else from the public that would like to issue testimony tonight on Items 11 or 12? Okay. Hearing none, any questions from the Council? Bird: I have none. Meridian City Counci0eting December 7, 1999 Page 44 Corrie: Okay. I'll entertain a motion to close the public hearing on Item 11 and 12. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move we close the public hearing on Items 11 and 12. Bird: Second. Corrie: Okay. Motion is made and seconded to close the public hearing on Items 11 and 12. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Okay. Discussion. I guess we need to take the variance first. Bird: Are we going to do Findings? Corrie: We'll have to do Findings, yeah, for the variance. We'll need to find out what the Findings are going to be. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I have a question, I guess, for Shari. It's more of a procedural or application — this variance request, is it for the entire four lots or just what would be a new lot if the plat were approved. Stiles: it would be the entire four lots. Rountree: Thank you. Mr. Mayor. Corrie: Mr. Rountree. I think this is a case where we've got one or more chefs in the kitchen, and we need at least at one point in time because the plat that was before us. certainly did indicate that the Fire Marshal did instruct the previous owners as it related to the building permit to remove some landscaping for fire - site reasons. Good bad or indifferent, I can't see why we can deny a variance in that particular — *** End of Side 3 *** Meridian City Counci*eting December 7, 1999 Page 45 aspect. It seems to me I would like to see the intent of landscaping and our ordinance be met if we further subdivide this piece of property and any new development out there be in compliance with our ordinances. I don't know how you would structure that. I guess it would be structured in the Findings that a variance would be granted for the existing development, but then any new development would have to comply with existing ordinance. Looks to me like we're a party to them not being consistent with our landscape ordinance. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: My question would have to be by 1.7 of Page 3 of the preliminary plat, Shari has stated that it is severely deficient, the entire site. I understand what Councilman Rountree's saying about the Fire Department requesting the trees at a certain area being removed. I don't have a problem with reducing the requirements for that amount, but if the entire project is deficient, then I do have a problem with that. I think the projects should meet the requirements that was originally put on it with the exception of what was asked to be removed. I'd like to — Shari's got her hand up. Stiles: Mr. President, Mayor and Council, I didn't realize this new plan was submitted on December 1St. The comments were prepared prior to this plan being submitted. I can't tell what these symbols are. If they were three-inch caliper trees or if some of them were conifers. Those are six- to eight -foot trees, and they are proposing this part of their variance. I think it's a reasonable compromise is to accept what they have presented as part of their variance. Rountree: We need to re -open the public hearing and then find out (inaudible) close the public hearing on the plat. Bird: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would move we re -open the public hearing to hear from the applicant as it relates to the proposed subdivision plat that we have before us. Bentley: Second. Corrie: Motion made and seconded to re -open the public hearing that we had — to ask some questions of the applicant. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Meridian City Council ling December 7, 1999 Page 46 Corrie: Okay. Motion is approved. Re -open the public hearing. Henkley: My name is Robert Henkley, I live at 1036 Taffy Drive in Nampa, Idaho. Questions? Rountree: Mr. Mayor. We have before us this that has — Henkley: I brought a — Rountree: -- a lot of symbols on it. I guess our question is what do these various symbols, as it relates to landscaping, mean? They quantify the trees, but they don't tell us what kind of trees they are. Henkley: I believe that's in the notes. This wasn't anything to basically we had as a requirement to send you six copies of the preliminary plat. It may have been intended to read any changes in the preliminary plat, but we didn't want to be denied this hearing because we didn't bring the six copies. It's the same as was submitted months ago. Didn't mean to confuse you, Shari. Stiles: I don't see'anything in the notes that says what they are. Henkley: If I could look at one, I could find it for you. Bird: This one. The symbol says right there, three-inch caliper trees. Yeah. On this one here. Bentley: That's the old one, though. Bird: This is the original. Rountree: I guess if (inaudible) testify to that effect -- Henkley: I believe (inaudible) site plan. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: My question to the applicant then, is that the symbols on this plan dated December 1St, receipt December 1St by the City of Meridian indicates that those would be three-inch caliper trees. Henkley: Correct. Rountree: Correct? Okay. That's., all I need to know. Meridian City Council Sting • December 7, 1999 Page 47 Corrie: Any other questions? Henkley: Any other questions? Bird: I have none. Corrie: I think that answers (inaudible) Henkley: I believe on the site plan for Lot 1 pretty much answered that. And if I could maybe make a comment, I don't know if this is either here or there, but perhaps we could, you know, if you put a restriction for Lot 1, the new — basically the new Lot — creating where the new building goes to be fully landscaped. I don't know if that would be acceptable to you or not. It's a thought. The rest of it's kind of asphalted and fenced to the — as is. Bird: Mr. Mayor. Corrie: Yes. Bird: I got a question for Gary. I've got a letter here from one of the owners of a building across the street. He's questioning utilities, capabilities of the utilities that we got out there regarding fire mains and domestic water flows. 1s there any problem with that, Gary? Smith: Mr. Mayor, Council members, Councilman Bird, I don't know exactly what Walt's concern is. If there's low service or low pressure, I haven't been advised of that. I don't know. This line and commercial core will be connected to the one that's being installed by Elixir to the east so it'll loop in the near future. Bird: Okay. (inaudible) Corrie: Okay. Let's let him finish. Smith: That's all I have. Bird: Okay. Thanks, Gary. Corrie: if you want to come up here, it's still a public hearing. Henkley: My name's Robert Henkley again. Same address. During P & Z, I can't recall your assistant — the Assistant City Engineer's name. He was here earlier. We discussed the water flows, and they aren't real high in that area. 1 believe they're bringing — going to connect to Eagle Road here shortly. Water and that many trees with city water probably wouldn't help the water pressure. Meridian City Council 10ing December 7, 1999 Page 48 They neglected to put pressure irrigation in that original subdivision when it was built. We don't have the option of watering with irrigation. Corrie: Any other questions? Bird: I have none. Bentley: Question for Shari. Corrie: Mr. Bentley. Bentley: Shari, would the new understanding of the symbols .on the map, your comments on the landscape? Stiles: It shows — for the record, we didn't have this until December 1St. It wasn't submitted, at least as any part of my files. For some reason it's dated 5/24/99. 1 don't believe that was the date it was probably done. We've got a different date on the plat. But they do show 66 trees on this plan. It is adjacent to the railroad tracks which is going to be hopefully a multiple -use pathway at some point. It would help a lot toward the appearance of the backs of those buildings and the vast sea of asphalt to have the landscaping along the entire border there. • I could support the variance provided the minimum of the 66 trees is provided and that those trees be three-inch caliper or if they are some type of conifer tree, they be a six- to eight -foot minimum height. Bird: Shari, what's the date on those plans you're looking after? Stiles: It shows a date of 5/24/99. Bird: Okay. Thank you. Is that the site or the preliminary plat plan? Stiles: It's shown as a preliminary plat of Seven Gates Industrial Subdivision including proposed parking and landscaping layout. Bird: Thank you. Corrie: Any further questions? Bird: I have none. Bentley: I have none. Corrie: Okay. We'll try it once more. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Meridian City Counci6eting 0 December 7, 1999 Page 49 Bentley: I move we close the public hearing. Rountree: Second. Corrie: Motion is made and seconded to close the public hearing on Items 11 and 12. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Any further discussion? Okay. Hearing none, I'll entertain a motion. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have city attorney prepare Findings of Facts and Conclusions of Law and Decision of Order as it relates to their request for variance and that part of the conditions included in the variance indicate that a variance would be seen with a favorable recommendation provided that the landscaping on this particular site is consistent with the 5/24/99 preliminary plat that was received by the City of Meridian on 12/1/99 and that the tree size and/or caliper identified on this plan be either six- to eight -foot conifers or three-inch caliper deciduous trees or a combination of both. Bentley: Second. Corrie: Okay. Motion made by Mr. Rountree, seconded by Mr. Bentley, the motion as stated in the record. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Mr. Attorney, if you will take care of the Findings of Facts and Conclusions of Law on that. We need to come back then and do the preliminary plat after the variance; is that correct, Mr. Gigray? Can we do that — Findings — Gigray: I think you can proceed with the Findings on the preliminary plat subject to the adoption of the Findings on the variance because all I'm going to do is draft them and send them back to the — so you would act on those after you did the variance anyway. Corrie: Okay. Bird: This is the preliminary plat? Meridian City Council Ging December 7, 1999 Page 50 Gigray: Right, but I imagine that's because this is like a short plat (inaudible), but you still won't have final action on it until you adopt it. Corrie: The variance? Okay. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have the city attorney prepare Findings of Facts and Conclusions of Law, Decisions of Order for the preliminary plat for the Seven Gates Property to include staff comments and the adoption of the variance as conditions of the ultimate approval of the preliminary plat. Bentley: Second. Corrie: Motion is made to have the attorney draw up the Findings of Facts and Conclusions of Law, Decision of Order with the adjustments on the landscaping to be included with the staff comments. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 13. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 283 LOT PLANNED DEVELOPMENT FOR PROPOSED WOODBRIDGE SUBDIVISION ON 80.83 ACRES FROM R -T TO R-4 BY WOODBRIDGE COMMUNITY, LLC — SOUTH Y2 OF THE NW'/ SECTION 17 T3N R1 E: Corrie: Item 13 is a public hearing. This is a request for conditional use permit for 283 -lot planned development for proposed Woodbridge Subdivision on 80.83 acres from R -T to R-4 by Woodbridge Community, LLC, south half of the northwest quarter section, 17T, 3N, R1 E. At this time, I'll open the public hearing on Item No. 13 and hear from Staff first. Stiles: Mr. Mayor and Council, you have a significant amount of information on this project. I hope you've had a chance to go through it. We have met with the applicant and their attorney several times, and it's come down to basically just a couple of issues. This property is what was formerly known as the Griffin property, the 80 acres. It's south of Green Hill, west of Magic View Subdivision. Cobblestone Village was approved up in this location here tonight. They are proposing to annex it or they have — you've approved the annexation of this parcel to an L -O, and they're proposing a planned development with a maximum of 283 lots. They're proposing reductions on a number of the Ordinance requirements as part of the planned development, but they have proposed open space, common areas throughout the project with pathways. One thing that will need to be determined once the platting proceeds with this project, the approval MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place Yo Live " CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 e January 13, 2000 Reinco, Inc. Bill Downing PO Box 963 Caldwell, ID 83606 Dear Bill, LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 You will find enclosed a copy of the Findings of Facts and Conclusions of Law approved at the December 21, 1999, City Council meeting. If you should have any questions, please feel free to call. Sincerely, Shelby Ugarriz3 City Clerk's Office seu enc. .T4cm tt F- ,lk f L>� IX%HITE, I .___.- ", ---R . n,��r nr CEEFA�VN KAIHY J. ED WARDS STEPHEN L. PRUSS IVUE KLEIN FIScHER ERIC S. RMMAN WM, F GIORAY, III TODD A. RIIUMAN D. SAMUEL JOHNSON R. STEPHEN RUTIIRRroRD WILLIAM A. MORROW DAY(U M. SwART[.EY WII.LIAM F. N{u1VLS' TOPRFNCE R. WHITE" CHRISTOPIIER S. NYE 'ALSO ApMIMD IN OR -ALSO AITM177Tn IN WA 0 P.Ol RECEIVED DEC 2 11999 PETERSON, PRUS5, MORROW SLC(��.�r� f�ID1AN ATTORNEYS AT LAW CIN CLERK OFFICE ZOO FAST CARLTON AVENUE, SUITE 31 CITY Box 11s0 NAMPA OFFIC_F MERIDIAN, IDA HOtl3G60.1150 104 NINTH AVENUESOUTII POST OFYICL ROX 247 TEL (208) 288.2499 NAMRA. IDAHO 8361)-0247 FAX (206) 288-2501 TEL (208) 466.9212 rAX (20A) 466,4405 FACSIMILE TRANSMITTAI. DATE: /r-) — r:2./- '� 9 TIME: PLEASE REPLY TO MERIDIAN OFFICE TO: FROM:CONVANY White, Pe-terson, Pruss, Morrow & Gig -ray FAX Meridian Office PHONE: PHONE: (208) 288-2499 NUMBER OF P Confidentiality Note: The contents of this transmission are intended to be seen and used only by the individual to wham it is addressed. If you receive. this transmission in error please call our office so that we may arrange to pick up the document and route it to the office it was intended for. You may call collect if long distance: (208) 289-2499, Thanks. DEC 21 '99 14:45 PAGE. 01 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAROL FORSYTHE/SEVEN GATES PROPERTIES FOR A VARIANCE FOR THE REDUCTION OF LANDSCAPING REQUIREMENTS FOR LOTS 8, 9, AND 10 OF BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION, MERIDIAN, IDAHO VAR -99-009 PX`Iv]�D DEC i i99g CITY OF IV FRIM V 12-16-99 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING/DENYING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on December 7, 1999, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, City Engineer, appeared and commented at the hearing, and Bill Downing and Robert Henkley, appeared and testified on behalf of the applicant at the hearing, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises, does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows, to -wit: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) CONCLUSIONS OF LAW Judicial Notice: 0 The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. The City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. 2. The notice requirements of Idaho Code §§ 67-6509, 6516 and §§ 11- 2-416 E and 419 D as evidenced in the record of this matter have been met. 3. The City of Meridian has authority pursuant to the enactment of the "Local Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code and in particular in §§ 67-6513 and 67-6516 respectively to subdivision ordinance and variance which section provide as follows: Subdivision ordinance: Each governing board shall provide, by ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, for standards and for the processing of applications for subdivision permits under sections 50-1301 through 50-1329, Idaho Code. Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. Fees established for purposes of mitigating the financial impacts of development must FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) comply with the provisions of chapter 82, title 67, Idaho Code. Variance _ Definition - Application _ Notice - Hearing: Each governing board shall provide, as part of the zoning ordinance, for the processing of applications for variance permits. A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. Prior to granting a variance, notice and an opportunity to be heard shall be provided to property owners adjoining the parcel under consideration. 4. The City of Meridian has duly enacted the "Zoning Ordinance" of the City of Meridian at Title 11 Chapter 2 Section 400 et seq. of the Revised and Compiled Ordinances of the City of Meridian which provide in part for the regulation of landscaping at § 11-2-414 D 2(a) and (c) . 5. § 11-2-414 D 2 (a) and (c) provides: 5.1 (a) Landscaping_ Landscaping shall be required for all off-street parking areas for multi -family residential, commercial, industrial and technical developments; (c) Screening: Whenever a commercial off-street parking area is located in or adjacent to a Residential District, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (T) in height plus a planting strip of four feet (T) minimum width or in an alternate arrangement as approved by the Commission. Suitable landscaping and ground cover shall be provided and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) W 0 maintained on a continuing basis within the planting strip. Planting screens or hedges shall not exceed two feet (2') in height where location is such that sight lines are necessary for vehicular movement across pedestrian ways. At least one tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of pavement area. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT The applicant and owner of the subject property is Darol Forsythe of 2657 Windmill Parkway, Suite 390, Henderson, Nevada 89014. 2. The location of the subject property is 2269, 2307, and 2393 E. Commercial Street, Meridian, Idaho 83642. 3. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter, and is described as follows: Lots 8,9, and 10 in Block 1 of Layne Industrial Park Subdivision, as per the Plat thereof in Plat Book 69, at Pages 7113-7114, official records of Ada County, Idaho. 4. The applicant, or predecessors in title, had to remove landscaping at the request of the City Fire Marshall for the subject property located at 2269, 2307, and 2393 E. Commercial Street, Meridian, Idaho 83642. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) • 5. The present land use of subject property is presently zoned as (I -L) Light Industrial and 3/4 of the property is light industrial and is currently occupied. 6. The proposed land use of the remainder subject property is also Light Industrial (I -L) and the proposed building is to be a warehouse/office building, consistent with the adjoining properties. The building plans have not been completed, although a "footprint" is included on the Preliminary Plat, Preliminary Plat Drawing dated: 5/24/99 and stamped DEC 01 1999 by the City Clerk's Office, Designed By: RGH, Drawn By: RGH, Approved By: DKC, Job No. SI -99122, DWG No. SI99122B, Book 1- 30 Page 3, by Edwards Sz Cummings, LLC for John Forsythe for Seven Gates Industrial Subdivision, and attached hereto as Exhibit "A". 7. The applicant seeks a variance of the following provision of the Revised and Compiled Ordinances of the City of Meridian, Section 11-2-414 D 2 (a) and (c), Design Standards for Off -Street Parking for I -L zone, which provides for "Screening, Landscaping and Drainage." 8. The characteristics of the subject property which prevent compliance with the requirements of the Ordinance are that three-quarters of the site is currently developed. The applicant is trying to create four lots where three currently exist, and to locate the Lot lines to take into account existing structures. Along three-quarters of the south line of the property, and approximately one-half of the east line, currently exists an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) 0 0 expensive cyclone fence, and paved parking areas up to that fence. It would be costly to relocate the fence and remove the asphalt from that area, as well as the fact that no irrigation water is available on the lots in Layne Industrial Park Subdivision. City water would be required to irrigate the trees. The parking situation is currently tight, and would be worsened by the loss of the previously mentioned paved parking square footage. The application is requesting the reduction of the number of trees required for the site to 34 (25 now exist - 9 are proposed). 9. The difficulty or hardship which would result if requirements of the Ordinance were applied to the subject property are that the waste of treated city water for irrigation purposes mentioned above , along with the strict enforcement would reduce or eliminate the usable building area on lot 4 (proposed), due to the area required to hold that many trees with reasonable spacing, besides the cost of removing the asphalt parking area. 10. 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 pertains to the existing buildings, asphalt, fences, etc which make compliance impractical. 11. A literal interpretation of the provisions of the Ordinance shall deprive the applicant of the same use of applicant's property, along with the cost, of other properties FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) in Layne Industrial Park Subdivision. 12. The variance requested is not out of convenience but from necessity. The building permits for the existing buildings and site layouts were approved previously by the City of Meridian, as well as for other properties in the area. These existing conditions are not a result of the applicant's actions. The variance is not profit oriented, it is due to practicality. 13. The granting of the requested variance will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat, and, in fact, the development of the plat in accordance with the conditions of approval and the requirements of the Subdivision Ordinance will prevent the conditions which are the source of the complaints raised in the public hearing of this matter. 14. The granting of this variance will not have an effect of altering the interest and purpose of the Zoning Ordinance and or the City's Comprehensive Plan. 15. The applicant paid the fee established by the City Council for application variance. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) 1. The Applicant is hereby granted in part a variance of the provisions of the Revised and Compiled Ordinances of the City of Meridian Section 11-2-414 D 2 (a) and (c) for the real property described as: Lots 8,9, and 10 in Block 1 of Layne Industrial Park Subdivision, as per the Plat thereof in Plat Book 69, at Pages 7113-7114, official records of Ada County, Idaho. 2. The application is granted provided all landscape is consistent with the Site Plan dated 5-24-99 received by the City Cleric 12-1-99 with a total of 66 trees and with tree size 3" caliper and/or 6' to 8' conifer. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a variance authorizing a variance of the Zoning Ordinance, -of the I -L Zone as provided in the Section 11-2-414 D 2 (a) and (c), and may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2( day of �Ct n-, 6Xy , 1999. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 8 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE 0 VOTED c� VOTED /�Z"76- VOTED_ `�rt VOTED_$_ MAYOR ROBERT D. CORRIE (TIE BREAI(ER) VOTED DATED: 12-- 2/— 679? MOTION: APPROVED. DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By: %2 -2,% - f j City Cleric Dated Of msg/ZAWork\M\Meridian 15360M\Seven Gates Subd\MsGrantVariance SEAL if 7!� 1f1P �r 'f►` T 1St fill Wtv%o FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 9 of 9 ORDER OF DECISION GRANTING/DENYING A VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -99-009) RECEIVED, DEC 2 11999 CITY OF MERIDIAN CITY CLERK OFFICE_ _ I In o r ? i n p in z ± � n 47 u � o Z y 0 cin b � r o D J X I O {{ O I I� a O ti 4 o I 0 I yon v0» c, 0r c mcc;oz'h-13 Fv Z V.^N� X pp.� Zl ��zH OA D D ^a;Do O , �� v~_ z � coot O�orn mZ: 6 y r.- c. A^P � oP• c'Z� ams l r.. o c >c odd o moe a rmxC Oz> 2' 6 >wG wigos DEC 21 '99 14:46 T co ao UI V 0 !p N 00'04*_43 O \9, _ — N 00'22.41'• w LEx h,`b;� IfA„ I U PAGE. 02 P.Oz N 00'04'4 ic 662.39' u►r �/ti r � A K rn I of � I :{ 8 g W o rob I � A aro O p 1 �g� 1 wr ------_ _-- - --4 ] o 6 1MTN'117 O M 00'24'51' w 353.5r - ct aQg� N 00'04*_43 O \9, _ — N 00'22.41'• w LEx h,`b;� IfA„ I U PAGE. 02 P.Oz N 00'04'4 ic 662.39' ** TX CONFIRMATION REPORT ** AS OF JAN 04 100 09:41 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD#t STATUS 02 01/04 09:39 2867008 EC --S 01'03" 003 219 OK -------------------------------------------------------------------------- 9 MERIDIAN CITY COUNCIL AGENDA JANUARY 4, 2000 @ 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON CHARLIE ROUNTREE GLENN BENTLEY KEITH BIRD MAYOR ROBERT CORRIE Consent Agenda A. Approve minutes of November 3, 1999, Special Pre -Council Meeting: B. Approve minutes of December 7, 1999, City Council Meeting.- C. eeting:C. Approve minutes of December 21, 1999, Special Pre -Council Meeting: D. Approve minutes of December 21, 1999 City Council Meeting: E. Order of Decision: Appeal of Planning and Zoning Administrator's denial of sign permit by Meridian Library: F. New Beer and Liquor License for Morgan W. Richards, Jr., for Fiesta Guadalajara Lounge: G. Findings of Fact and Conclusions of Law: Request for annexation and zoning of 150.79 acres of land for R-4 zoning By Bear Creek, LLC — east of Stoddard Road & south of Overland: H. Findings of Fact And Conclusions of Law: Request for preliminary plat for proposed Bear Creek Subdivision of 326 single-family dwelling lots by Bear Creek. LLC — east of Stoddard Road & south of Overland: Regular Agenda OLD BUSINESS: 1. Tabled 11116199: Findings of Fact and Conclusions of Law: Request for rezone of 7.265 acres for Creekside Arbour Phase II from R-8 to R-15 by William & Lucile Leavell — end of 5"', north of Creekside Arbour Phase and south of Fairview. 11 Phone: 888-4433 e f-. 910 Fax: 888-4218 Fax. To: Eu ( �0-Ll%Y�1f l;� From 51 Fac 4s4_094-2— Date: �l�'I&V Phone: Pages: Re: CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle -Comments: jure Co,ar,u,I aAO Meridian City Council Pre -Council Meeting December 21, 1999 Page 2 LLC, EAST OF NOLA ROAD AND NORTH OF FRANKLIN ROAD IN LAYNE INDUSTRIAL PARK: Corrie: Okay. I guess we don't have D, yet, so that might have to be pulled off. F and G — we got some letters today, a letter — a lot of confusion on this thing. In talking with Mr. Gigray, might want to consider pulling these two off and remand them back to the Administrative staff for further review and then report back to the City Council. You (inaudible)? Conditional uses and preliminary plats, I don't know where we are. Any questions, Bill? Gigray: Mr. Mayor, members of the Council, as I believe, there has been a late filing by the applicant on the Seven Gate project, and as you remember, this was a subdivision request and a variance and a condition of the subdivision final plat approval was granting the variance. As I saw the documents which were shared with me by Shari Stiles, the Planning and Zoning Administrator, it appears as if they're claiming an error in their own staff in the presentation of this matter, and it appears that when you look at it that they may even be taking the position that they don't need a variance at all. Given those circumstances, it seems to me to be reasonable that the Council could consider moving to hold and continue Items F and G and then remand the matter for — and I mean remand the letter that you just received back to the Planning and Zoning Administrator to review maybe that with the applicant and maybe advise the Council as to whether or not the applicant should withdraw their application for variance or whether or not you should proceed with the Findings as they've been done, and I don't think you're in a position at this point, and I don't think the Administrator's had an opportunity to thoroughly review this matter to determine what procedure would be followed, and because all of these matters involve procedure as opposed to substance concerning the facts that are before you, I think that would be proper unless Shari objects. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I had a question too. I guess I don't recall passing any of the Findings of 'Facts under the Consent Agenda before either. They're listed on here under the Consent Agenda. Is that something new we're doing? Bird: We did it last week. Corrie: We did it last week and — Bird: I agree with you, Ron. I don't like it. • i Meridian City Council Pre -Council Meeting December 21, 1999 Page 3 Anderson: I missed the meeting, so maybe you could inform me why we're doing that? Corrie: Mainly, it's — the Council directs the attorney to draw up those Findings of Facts and Conclusions of Law and then be reviewed by each Councilman. You don't have to do it that way, but it's just a lot quicker. What you're asking the attorney to draw up and if you agree with it, it's just a lot quicker meetings. But if you want to go through each one of them every time, (inaudible). It's what you're — your Findings are directed to the attorney to — what you tell him to do, and he draws them up. It's just a matter of what we're going through. Anderson: Just a question, then, for legal counsel. Is this a recommended practice, or are we going to get into any kind of trouble by doing this or — I realize that would speed the meetings up, but is that the best route or safest route to go? Gigray: Mr. Mayor, Councilman Anderson, members of the Council, I think it's a matter or your choice. I think it's something that you can do. I know in working with the Mayor, there was — because of the amount of volume at these City Council meetings we're having and the length of the meetings, I was asked whether or not Findings could be placed on a Consent Agenda, and I think they can be, particularly under Consent Agendas, you have the right to pull any of them off that you wish and ask that they be separately considered if there's any issue involving any of them. But if you prefer that they not, and the Council directs that they not be put on the Consent Agenda and be on the regular agenda, then you have that right, too. I think it's a matter of your own choice and style. Anderson: I don't really have any problem with the concept, but, quite often, it's been my experience of walked in and we haven't received the Findings of Facts until the day of sometimes of the Council meeting, and I don't feel comfortable walking in at a quarter `til the meeting and having to peruse those that quickly to find out if they were indeed accurate or not. I guess in some cases, point to make. If they were guaranteed to be to us in our box by Friday night and we had the weekend to peruse them, I wouldn't see any problem with placing them on the Consent Agenda, but if it's something that comes in on Monday or Tuesday, I don't think it's adequate time sometimes to review them. Bird: I agree with Councilman Anderson on that. We usually can get through these pretty — I realize that it is nice to have a Consent Agenda where you take care of about 50 items. I don't know. Findings of Facts and Conclusions of Law I think is something that unless we really got overloaded, it's like tonight. We've got these which — like you say, we can pull them off, but we have to go back. If we don't get them by Friday, and I don't know about the rest of the guys, don't all the time get to read them thoroughly and see if we've missed something. I know you've picked up points that we missed on these Findings of Facts and stuff, so I would like to try this, Mr. Mayor, as not on the Consent Agenda for awhile and Meridian City Council Pre -Council Meeting December 21, 1999 Page 4 see if they bottle us up again. I don't like staying until one, two, three o'clock in the morning neither, but — Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: My observation over four years as it relates to Findings and Facts, all too often, unless something's pointed out to us, we don't catch it. 1 like the idea that it is on the Consent Agenda because it kind of forces you to look at it. I agree if we get something on Friday night and we don't — you don't pick it up until Monday or it comes in Monday and we don't pick it up until before the meeting that we have, as a Council, every opportunity to remove it from the Consent Agenda, but if this — the Findings are there in advance and you see them on a Consent Agenda, they should be reviewed and if you have any problems with what you're reviewing, then you pull them from the Consent Agenda. From the public's point of view, sitting out in the audience, every time we have a Findings and Fact, you know, it's pretty routine, the motion's are the same. Unless you have something to say about it, it's — being one right after the other. But it takes time. It probably takes five minutes per each. Then if you've got them all on the Consent Agenda, and like this evening, yeah, there's definitely a couple that need to come off, but with a motion for accepting the Consent Agenda, they can come off. The Consent Agenda can be voted on by roll -call vote so you don't put yourself in the situation of having to differentiate between ayes and nays or roll - call; you can get it all taken care of if there's something on there by way of a resolution as it relates to the Finding or something, you can take care of it. You two guys are the ones that are going to have to live with it, but that's my two cents' worth. Bird: Okay. Corrie: One of the things we could do is if it isn't in by Friday, those Findings of Facts will go on the regular agenda and that way you have a case to look at them ahead of time. If they don't get here before Friday, they go down to the regular agenda. Bird: And I understand. It's like tonight, you know, on this Item F. I understand that probably didn't come in to them until today. They got it to us — the deal we got here regarding that. That's fair with me if it's fair with Councilman Anderson. It's very fair with me. Anderson: That's fine. I just don't like walking in the night of, and I'm not a speed -reader by any means, and I don't like just having a few minutes to look at something. I know quite often that we've just discussed those. You, Shari, pointed out something or the Councilors pointed out something and we corrected them that night, so if we have a chance to read them, and if they're in the box by Meridian City Council Prouncil Meeting December 21, 1999 Page 5 Friday night, I think that'd be okay, and if they're not by Friday, then they don't go on the Consent Agenda. Bird: That's great. Anderson: Does that need a motion? Bird: that's just a policy we can take care of. Corrie: Just make sure that you got -- The City Clerk will take that note that if we don't have it by Friday, we'll just stick it in the regular agenda as a Findings of Facts and if we don't get it later, then they can pull it off. I think — Berg: Mr. Mayor. Corrie: Mr. Berg. Berg: Thank you. Just as a point of some timing issues, we will wait as long as we can to prepare that agenda and try to get those Findings. We can't receive the Findings at 5:00 and then make up the agenda, but we'll work with the attorney's office and try to accommodate those issues and put them on the Consent Agenda if we have them. Bird: Okay. So we're going to pull F and G, Mayor? That's the recommendation? Corrie: I think that's the recommendation. There's — ITEM H. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FOR 283 LOT PLANNED DEVELOPMENT FOR PROPOSED WOODBRIDGE SUBDIVISION ON 80.83 ACRES FROM R -T TO R-4 BY WOODBRIDGE COMMUNITY, LLC — SOUTH'/2 OF THE NW % SECTION 17 T3N R1 E: Bird: His fine. Corrie: H needs to be held because we can't do a conditional use permit if we don't have a Development Agreement or annexation and zoning. Bird: We don't have a Development Agreement. Gigray: Mr. Mayor, members of the Council, I would advise you that I've had telephone conversations with Mr. Ed Miller who represents Woodbridge Community, LLC. At this time, we're awaiting their signature of the Development Agreements, and I believe there's a property owner of, I think it's Parcel A, which MERIDIAN CITY COUNCIL MEETING DECEMBER 21,199 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on Tuesday, December 21, 1999, by Mayor Robert Corrie. I MEMBERS PRESENT: BOB CORRIE, CHARLIE ROUNTREE, RON ANDERSON, KEITH BIRD MEMBERS ABSENT: GLENN BENTLEY k S r i OTHERS PRESENT: BILL GIGRA�, KEN BOWERS; GARY SMITH, SHARI STILES, BRAD WATSON, TOM KUNTZ, JANICE SMITH Corrie: Okay. I'll open the Meridian City Council on December 21, 1999, at 7:30 p.m. and welcome all of you here this -evening. We'll have roll -call and then we'll have a special` presentation right afterthat` Okay. At this time, I'd like to have Byron Smith and Malcolm McCoy step up' front here. Okay. Turn around so everybody can see you guys here. Byron Smith is on our Planning and Zoning Commission and (inaudible) Planning and Zoning Commission for City of Meridian presented in appreciation for your contributions of your service to the City of Meridian, Planning and Zoning Commissioner from May 1997 to July 1999 and dedication to this community is acknowledged "and greatly appreciated. Presented by the City°of Meridian, September 1999. Malcolm McCoy, he was the Planning and Zoning Commission for the City of Meridian. Itis presented in appreciation for your contribution and'service to the City of Meridian as Planning and Zoning Commissioner from January of 1997 to August of 1999 and as Chairman from June 1998 to July of 1999. Your dedication and commitment to this community is acknowledged and greatly appreciated. Presented by 'the City of Meridian, September 1999: °Ifyou want to say anything, you certainly can. McCoy: I've enjoyedmy time over'there and I'm sure Byron has too (inaudible) go through (inaudible).- ITEM A. APPROVALbOF'SPECIAL PRE -COUNCIL MEETING MINUTES FOR NOVEMBER 16,1999: ITEM B. APPROVAL OF SPECIAL CITY COUNCIL MEETING MINUTES FOR NOVEMBER 30; 1999: ITEM C. APPROVAL OF SPECIAL PRE -COUNCIL MEETING MINUTES FOR DECEMBER 7,1999: ITEM D. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR DECEMBER 7,1999.- ** TX CONFIRION REPORT ** DATE TIME TO/FROM 12/30 08:59 LEGAL DEPARTMENT DEC s 0 1999 CITY OF MERIDIAN December 29, 1999 William G. Berg, Jr. MERIDIAN CITY COUNCIL 33 East Idaho Street Meridian, ID 83642 Re:—Seven.Ga[es Vatiance approv`al'3 Sirs, AS OF DEC 30099 08:59 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'49" 002 184 OK REINCO, INC. P. O. BOX 963 CALDWELL, IDAHO 83606 PHONE_ 208-459-7038 FAX: 208454-0942 Enclosed are copies of correspondence which concerns the Seven Gates variance application which was approved by council on 12/7/99. As this correspondence reflects — when the Seven Gates variance was approved on 12/7/99, the approval was lied to an incorrect site plan. I was unaware the City even had that plhn & did not catch the date during the proceedings.... It was not the plan submitted with the variance package. As a result, the Forsythes did not receive full consideration of their actual request & did not receive the benefit of due process from the City government system. Because of the introduction of tic erroneous plans and the impact of those plans on the council's discussion and decision, we are requesting that the public hearing be reopened ... and that you do not adopt the findings of fact and conclusions of law from the previous proceedings. The incorrect 5/24/99 plan was an unsigned drawing for internal use only - intended to show the owner the impact of full compliance with the City landscape ordinance. By the engineer's calculations, no variance would have been necessary for that drawing. The removal of existing asphalt; loss of parking; and loss of use of property required to comply with the 5/24 drawing were exactly the hardships that caused Seven Gates to apply for the variance. Again, we apologize for any confusion and I or inconvenience .... we arc only seeking consideration of the request which was presented in the original variance application. Thank ou for your sistance. Bill Downing December 16. 1999 MERIDIAN CITY COUNCIL MEETING: DECEMBER 21 1999 APPLICANT: DAROL FORSYTHE/SEVEN GATES PROPERTIES AGENDA ITEM NUMBER:_ REQUEST' REDUCTION OF LANDSCAPING REQUIRMENTS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. t21 Z ani $ -�1'1 t �j-- h1v t�• U -interoffice MEMORANDUM. t F R CED To: ti William G. -Berg, Jr. DEC 17 1999 From: Wm. F. Gigray, III �GY s CITY OF MERIDIAN Subject: DAROL FORSYTHE/SEVEN GATES PROPERTIES Date: December 13, 1999 F Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW.. AND ORDER OF DECISION GRANTING/DENYING A VARIANCE, pursuant to action of the Council at their December 7, 1999, meeting. The Findings will be on the Council -agenda for their December 21, 1999, meeting. , Please serve conformed copies .of the Findings upon the Applicant and the Planning.and Zoning, Public Works, and the City Attorney office, if Council approves the Findings. ,If you have any questions arise please advise. f R . a k 7 a S- s . MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1999 APPLICANT: DAROL FORSYTHE/SEVEN GATES PROPERTIES, LLC AGENDA ITEM NUMBER: -I REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS "NO PROBLEM" WITH REQUEST SEE ATTACHED BUREAU OF RECLAMATION: 4*0 OTHER: QPM G G`1 -e,4le .,, Gw � �r All Materials presented at public meetings shall become property of the City of Meridian. Ada Cottntq JJJihcva 2)iJtPid Sherry R. Huber, President - 318° East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Ro6tson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us November 24, 1999 REcE�D Darol Forsythe ' DEC - 1 1999 Seven Gates Properties CITY OF MERIDIAN- •2657 Windmill Parkway, Suite 390 Henderson, NV 89014 RE: VAC99-009 — Reduction of Landscaping Requirements Seven Gates Industrial Subdivision On November 10, 1999, the Ada County Highway District Commissioners acted on Seven Gates Industrial Subdivision. The conditions and requirements also apply to VAC99-009. If you have any questions, please feel free to call me at 387-6177. Sincerely, Christy Richardson - Development Analysis cc: Project File I— City of Meridian 4 r Z�y� 21 t e�aa,a �t o N �3 'l '3AY HH M I I3 ! is _ f Ui 3 d r If I a 'z _ gt S lzn p t a onI C ZZ. o v rJ Ui 1r;11 O:`'.'8 p a y J 21F� o 0 c e 4 a i O -j _ ».. .. .�T���...Ya"�YY.• 1' .. a. _ w .... .,...wvr........,.. ..» mid ....« � 1 I. ! a 3O 3 � '� t/3 5_- m a,a CO Z- W ? .� � � 7 ZLU W a U) W t W c (ll W p 0 0 0 0 -r•�t�i IIS I - T El of Lo f� N f 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned -use of the'property which is the subject of this application, shall require the applicant to comply with all riles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District' of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: I. ACHD requirements are intended -to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. ` Sincerely, rry le Plann' g and Development`Supervisor cc: Plan&Dev Svcs - Chron/File City Of Meridian I v 7GATES.SLA Page 3 2. Construct 30 to 36 -feet wide curb cut driveways on Commercial Street a minimum of 50 -feet from public street intersections, and 10 -feet from property lines, unless constructing a shared driveway. Pave the driveways their full required width and at least 30 -feet beyond the edge of pavement of Commercial Street. , 3. The existing driveways'are approved with this application. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact�Constniction Services at 387-6280 (with file number)'for details. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard`Requirements: This decision of the Planning and Development. Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The e4uest shall specifically identify ach r"uirement to be reconsidered and include a written explanation of whTysuch a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically id n i each requirement to be reconsidered and include written documentation_ of data thatwas not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. F 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7GATES.SLA Page 2 Acla Coun Vwi YGGUGG "hij trict Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a -mail: tellus@achd.ada.id.us November -10, 1999 ,, Stewart Edwards P.O. Box 860 Meridian, ID 83686-0860 Re: Staff Level Approval Seven"Gates Industrial Subdivision Commercial Street Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting preliminary plat approval for a 4 -lot industrial subdivision. The 4.94 -acre site is located at the southwest comer of Commercial Street and Machine Avenue. This development is estimated to generate 100 additional (260 existing) vehicle trips per day based on the Institute of, Transportation Engineers Trip Generation manual. r B. The application and site plan stamped as received by the City of Meridian on September 30, 1999, and submitted to the District on October 21, 1999, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the,change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACHD Commission unless the site,plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. , C. The applicant is resubdividing a developed portion of the Layne Industrial Park from three lots to four lots. Commercial Street is improved with curb, gutter and sidewalk on the north side of the street, and curb and'gutter only on the -south side of the street. The Commission approved the Final Plat for Layne Industrial Park on May 31, 199; and did not require sidewalk to be constructed on the south side of Commercial Street. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Provide a recorded cross access easement among the parcels in the subdivision for access to the public streets prior to final plat approval. Mayor HUB OF TREASURE J ROBERT D. CORRIE A Good Place to Liv" City Council Members CITY OF MEP CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 8 RON ANDERSON (208) 888-4433 - Fax (208) 8r KEITH BIRD City Clerk Fax (208) 888-1 I TRANSMITTAL TO AGENCIES FOR COMMEN WITH THE CITY OF 111 To insure that your comments and recommendati I Planning & Zoning Commission, please submit to Meridian City Hall, Attn: Will Berg, City Clerk by: PZ. TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: VAR 99-009 REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING CURRENTLY ZONED AS I -L BY: DAROL FORSYTHE/SEVEN GATES PROPERTIES LOCATION OF PROPERTY OR PROJECT: LOTS 8, 9, 10, BLOCK 1, LAYNE w INDUSTRIAL PARK SUBDIVISION TAMMY DE WEERD, 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 CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT ( FIRE DEPARTMENT', POLfCE-DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER DEC - 2 1999 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: / � �_ ` q,/ PNU O T A R a e - Wait Morrow Construction November 8, 1999 City of Meridian Planning & Zoning Commission 33 East Idaho Street Meridian, Idaho 83642 Commissioners: ✓_7_y y �1 IZECEIVED N 0 V - 8 1999 CITY OF MERIDIM DMHR Development, owners of Lot 1 Block 3 Layne Industrial Park, wish to go on the record as opposing the Seven Gates Properties LLC application to re -subdivide Lots 8,9, and 10 of Block 1 of Layne Industrial Park, for the following reasons: 1. We bought our property based on subdivision lot layouts and lot densities. 2. The CC&R's prohibited the sale, subdividing, leasing, or subleasing any portion of a lot unless all governmental and CC&R conditions could be met 3. The utilities provided in the subdivision are for existing lot layouts. The design capabilities contain very little excess capacity and in the case of domestic water are so under designed that the domestic service is used for landscape sprinkler systems. New services must be installed to provide domestic flows for buildings. These services are taps on the firemains, which make it difficult to maintain the necessary fire flows with existing lots. A higher density, may compromise the fire flows for the entire subdivision. 4. Currently at the East end of commercial street there is substantial on - street parking by tractor trailers from the existing tenants of Lots 8,9, and 10, which makes traffic movement and tum around difficult To add more density to this area could easily make a difficult situation a gridlock situation. In summation, all of us bought our properties knowing the lot layouts and the CC&R's. We learned of the utility problems after the fact We have a well-designed subdivision with good buildings and landscaping at the right density. To increase the density by re -subdividing would compromise the existing aesthetics of the subdivision and have a corresponding negative effect on the values of our properties. Any hardship that Seven Gates properties may have was of their own creating. It is not fair, nor reasonable that the rest of the properties are compromised to solve a problem that Seven Gates willfully created for themselves. Thank you, Walt Morrow GENERAL CONTRACTOR P.O. Box 770 • Meridian, ID 83680-0770 • (208) 888-5185 • Fax (208) 888-9936 ORGANIZED 1904 WXU-4-44 *7 • 2) . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 December7, 1999GurvEl) Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg`City Clerk DEC — 9 1999- SHOP: Nampa 466-0663 Meridian City Council CITY OF MERIDIAN 33 East Idaho Meridian, ID 83642 Re: VAR 99-009Reduction of landscaping requirements to allow new construction Site to match existing currently zoned as IL — Darol Forsythe/Seven Gates Properties Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent 177 i I Qt ) _ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ** TX CONFIRMA REPORT ** AS OF DEC 01- ' S�4 : 27 PAGE . 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 07 12/01 14:25 2088886854 EC --S 01'58" 007 115 OK ----------------------------------------------------------- -4du• Cot'nt'q'_"qiq4WayoLJc� t�cct Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S, Eastlake, Commissioner E-mail: tellus@achd.ada.id.us November 24, 1999 RECEIVIED Darol Forsythe DEC - 1 1999 Seven Gates Properties CITY OF MRIDIAN 2657 Windmill Parkway, Suite 390 Henderson, NV 89014 RE: VAC99-009 — Reduction of Landscaping Requirements Seven Gates Industrial Subdivision On November 10, 1999, the Ada County Highway District Commissioners acted on Seven Gates � Industrial Subdivision. The conditions and requirements also apply to VAC99-009. If you have any questions, please feel free to call me at 387-6177. Sincerely, (7 4<A,A,�v Christy Richardson Development Analysis cc: Project File City of Meridian Y v ** TX CONFIRMAID REPORT ** AS OF DEC 01 '93 14 29 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 08 12/01 14:27 PUBLIC WORKS OF --S 01'40" 007 114 OK ------------------------------------------------------- �du • �t etc Gtry u oLJt N Sherry R. Huber, President Judy Peavey -Derr, Vice President 318 East 37th Street Marlyss Meyer Routson, Secretary Garden City, Idaho 83714-6499 Dave Bivens, Commissioner Phone (208) 387-6100 Susan S, Eastlake, Commissioner Fax (208) 387-6391 E-mail: telius@achd.ada.id.us November 24, 1999 Darol Forsythe DEC - 1 1999 Seven Gates Properties CITY OF MERIDIAN 2657 Windmill Parkway, Suite 390 Henderson, NV 89014 RE: VAC99-009 — Reduction of Landscaping Requirements Seven Gates Industrial Subdivision On November 10, 1999, the Ada County Highway District Commissioners acted on Seven Gates Industrial Subdivision. The conditions and requirements also apply to VAC99-009. If you have any questions, please feel free to call me at 387-6177. Sincerely, (7�a Christy Richardson Development Analysis cc: Project File City of Meridian Ov 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: November 26, 1999 TRANSMITTAL DATE: November 19, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: VAR 99-009 REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING CURRENTLY ZONED AS I -L BY: DAROL FORSYTHE/SEVEN GATES PROPERTIES LOCATION OF PROPERTY OR PROJECT: LOTS 8, 9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION TAMMY DE WEERD 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 CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT � SEWER DEPARTMENT ✓fSANITARY SERVICE( BUICDIR;_wDEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: NUB OF TREASURE VALLEY Mayor ROBERT D. CORR[E — A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208' 288-'499. Fax 288.2501 City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL 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: November 26, 1999 TRANSMITTAL DATE: November 19, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: VAR 99-009 REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING CURRENTLY ZONED AS I -L BY: DAROL FORSYTHE/SEVEN GATES PROPERTIES LOCATION OF PROPERTY OR PROJECT: LOTS 8, 9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION TAMMY DE WEERD 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 CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT � SEWER DEPARTMENT ✓fSANITARY SERVICE( BUICDIR;_wDEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY �` Mavor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live CITY OF MERIDIAN 08' 188-2499LIC .Fax 288.2501 City Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533• Faz 887-1297 rn TRANSMITTAL 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: November 26, 1999 TRANSMITTAL DATE: November 19, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: VAR 99-009 REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING CURRENTLY ZONED AS I -L BY: DAROL FORSYTHE/SEVEN GATES PROPERTIES LOCATION OF PROPERTY OR PROJECT: LOTS 8, 9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION TAMMY DE WEERD 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 CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT iPOLICE'DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE HOY 2 k' 1999 City of Meridiark ce City Clerk Oa (i%--DEPARTMENT 'CENTRAL CENTR L DISTRICT HEALTH DEPART MINT ,,DiSTRiCT Environmental Health Division LEGA' H E�ALT H Boise CITY F M.ERJD 1/_ ..c `,` � #�L,� �• C`'% sA:�.,a..a` R�fUN, e E . x �' PtLC9a``Cl t Eagle=� [r p,3..r • ,�.If NOV 2 G 196MS37..�t1 Q.Gard6h-City Rezone-,#, scN-nxc,r !% 'i� l�'Ze 1 ,�.�� \(if} RM 4 ? z rr`„ -; (-01� , is 5;443a "Eat (,4M) t i-4513 Ci11 Y Q� t t3 t.�Meridian ConditionaMs' # IIS MIT4i nin Kuna Preliminary / Final / Short Plat I []!ACZ Lo A(_ � k, AZI I;jrU,,,We�.have No Objections to,this Proposal. !!!!!!®��F 1,2.gr.ji^ We--recommen"d,Denialrof,this,Proposal:e SLbMfty0t-r COMMantS -,*Id []) 3�Cr8 (+rSpec fic.knowledge a`s-t the exact type'of u e must`be p ovid a -before we,.can c mment on thisRroposal. `u'Tr, In. "�,��� I.�=A` WA7` 4 F F �.''�.� nbcb r %,. P01912 [� 4. We will require more data concerning soli conditions on this Proposal before we can"comment" " 5, Before we can'comrrienf concerning individual sewage disposaF; we will require more data concerning the depth of: R QUA 5T ❑'high seasonalrground'water Ori �;❑,wasteflowcharacteristics J o a �.O or bedrock from original grade ❑other _ OM bMt, 1 11 a+ F 6. _ This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or oy"surface waters.. Dtp reviewed Eby the dhoD Department f Wa r sorces,concerning, well, construction and soectalepoebuc� water availabili 8. After written approval from appropriate entities are submitted, we can approve this proposal for: „ ,n , r,.El .ce ntral sew,age community sewage , .�sy.3sat.e+�mftlYl cromum+ un:i.ty^,"awa, ter wellSCH.❑ Y,.r� ❑ El central water"r ,'F..47��'0rIDAN POST 0FFtCE R'_V A t"[f tL rLAT)❑Individual sewage individual water COUNTYTt �0b ;t'tc f HICHWA a 015Tn1;', I .`A•Iyrs .-. J 717 lor;'LN'�€il G NSSO IA"'O-A 0.. 9. The following_ ,lan(s)•must be submitted to and approved by the,ldaho.Department of Health & Welfare, I r 1:r",tft s a ...�.�9kS}4'..Wi;,.,)k Ses C.a+ks .z -- Division of Environmental Quality: w eP A e` �EID"pomt"C `❑central sewage community, sewgssm❑cmunitywaerrlP� ' '''4j❑sews ed` lines El central water j i Ruin -off s Ottocreate a mosquito breeding problemgR DUN *JN GAS(�,REgMfhi FI XL �T) ".Thi Deparrtm$entwould recommend deferral until ~high ea seasonal ground ater�ca nbe d determined ther µ-c , considerations'{i-ndicate approval. ' EL12 1't Lr �4i ti.PAPTnd1✓1'3'i vt �.n .-, a- aS., rlr v_v, - o i titmvll�ties are to be Installedwth�en ase sewage, system MUST. De In �lled,to meet l' '-S4tat Sewage' "�` Re ulations.,tj .,> *`13nf- We willquire plans be submitted'for a plan review_forr any: .„ . CST. )-P� * i] ifood establishment ❑ swimming pools or spas ❑ child care center _ ❑ beverage establishment ❑ grocery store ❑ 14. _. y R - eviewed By. s �- r F,• (DHD 10/91 rcb, rev. 1/91 ,.t Review Sheet i wr1�*;1y *`'I_:t,7Pr1.f07, aIrIVIC°"n, Pj Vt YT S,G--6T-TT S0'BJdd Muyor ROUE RT U. CORRIE City Council Mcmbcri CHARLES ROUNTRF.E GLENN BENTLEY RON ANDERSON KEITH BIRD bbL0b8880z 6 Lz:tt 66' 6Z "ON HUS OFTREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (_oS)2S8.3a99 •Pax 3SS-2501 PUBLIC WORKS 33 CAST IDAIlO BUILDING DEPARTMGN'I' MERIDIAN, IDAHO 83642 (208) 837-22it • Fix $87-1297 (208) 838-4433 • Fax (208) 887-48t3 PLANNING AND ZONING City Clerk Fax (208) 838-4213 DEPARTMENT (:OS) SS -i-5533 - Faz $87-1277 TRANSMITTAL 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 26, 1999 TRANSMITTAL DATE: November 10, 1999 HEARING DATE: December 7, 1999 FILE NUMBER: VAR 99-009 REQUEST: REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING CURRENTLY ZONED AS I -L BY: DAROL FORSYTHEISEVEN GATES PROPERTIES LOCATION OF PROPERTY OR PROJECT: LOTS 83 9, 10, BLOCK 1, LAYNE INDUSTRIAL PARK SUBDIVISION TAMMY DE WEERO, PIZ KENT BROWN, PIZ THOMAS BARBEIRO, PIZ RICHARD HATCHER, PIZ KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, CIC _MATER DEPARTMENT i SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: CEI�n Nov t s tssa N 0 V 1 ,9 1999 PRETRATdi1n city ofiq U`it.y dian rje office S0/S0d bbL0b8880Z=QI H7ivM3.LSb'M NHIQIM3W BZ:ii ss -6T -Ti _N V NOV 2 6 1999 ORGANIZED 1904 CITY 4F MERIDIAN , - Re VAC 99-009 Proposed Variance to allow Reduction of Landscaping Requirements to allow New Construction Site / Seven Gates Industrial Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din f Cc: File — Shop File — Office Water Superintendent Seven Gates Properties — Darol Forsythe Edwards & Cummings, LLC - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 November 24, 1999 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk Meridian City Council 33 East Idaho\ Meridian ID 83642 , - Re VAC 99-009 Proposed Variance to allow Reduction of Landscaping Requirements to allow New Construction Site / Seven Gates Industrial Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din f Cc: File — Shop File — Office Water Superintendent Seven Gates Properties — Darol Forsythe Edwards & Cummings, LLC - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 REC8VED DEC - 7 toss cxryIAN AI�7d SITE OF PROPOSED BUILDING REPLAT LOT # 1 (AS IS - 12/99) r- -I L -1w • • EXISTING FORSYTHE BUILDINGS (WITH EXISTING LANDSCAPING) ru M&A F�i-- -- -.. Ir- ir kit PREVALENT LANDSCAPING EXISTING IN SUBDIVISION SITE OF PROPOSED BUILDING REPLAT LOT #1 AS IS - 7/99 EXISTING FORSYTHE BUILDINGS WITH LANDSCAPING 0 LANDSCAPING AT DEVELOPMENT EXISTING IN SUBDIVISION 6 ��:.. -�r- �: _� v� �►� - 7 1999 CfT Y OFMERIDiAN ON STREET PARKING NOVEMBER, 99