HomeMy WebLinkAboutSeven Gates Properties VARla
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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
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• £D8'ARDS & C MI(INCS LLC.
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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
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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
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(ADA CGUNTY 011L'Eft
1 J. DAVID N VARRO
I 60ISL IDAHO
� 1990 SP 17 pH 3t 06
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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.
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Notary Public 'Signature d o
Residing at ti) mQ�tt Idaho
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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
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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).
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AFFADAVIT OF POSTING
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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.
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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.�
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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
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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
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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
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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_
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** 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.
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❑ 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
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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