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Seven Gates Properties VAR 00-0201. a, JTY CLERK FILE CHECKLIST Project Name: Layne Industrial Park Subdivision File No. VAR 00-013 Contact Name: Russ Dane Phone: 8 77-8184 Date Received from Planning and Zoning Department: Planning and Zoning Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: August 11, 2000 Hearing Date: ❑ Certifieds to property owners: _ ❑ Planning and Zoning Commission Recommendation Notes: No PH at P&Z Level for Variances City Council Level: ❑x Transmittals to agencies and others: ❑x Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: and ❑ Approve ❑ Deny Hearing Date: September 5, 2000 August 15, 2000 08/18/00 and 09/01/00 ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Approved by Council: Resolutions: Original Res / Copy Cert: Minutenook Copy Res, Copy Cert: City Clerk El copies Disbursed: City Engineer city Ptanne ElFindings Recorded City Attorney Starting Codifiers Project File Copy Res / Original Cert: Development Agreement: ounty (CPAs) Ada Cnt(non-CPAs Sent for signatures: Applicant (non -CPAs) Recorded Ordinances original: Minutebook ❑ Signed by all parties: Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Approved by Council: Codifiers City Attorney ❑ Recorded: CM Engineer City Planner Copies Disbursed: Project file APP❑ aper_) Findings ndingsIant /Orders: Ordinance No.Resolution No. Orginat Minutebook Copies to: Applicant E]Approved by Council: Project file City Engineer ❑ Recorded. Deadline: 10 days City Planner �"ationAttorney Record Vacation Findings ❑ Published in newspaper: Recorded Development Agreements: °`«�'natFirep °at File ❑ Copies Disbursed: Copies to:Appicam file Notes: City City Engineer Eng City Planner City Attorney MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 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 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: VAR 00-0'2,0 Request: Variance for the reduction of landscaping requirements to allow new construction site to match existing and typical for area and subdivision By: Darol Forsythe / Seven Gates Properties Location of Property or Project: Lots 8, 9 and 10 in Block 1 of the Layne Industrial Park Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 ** no FP Your Concise Remarks: Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID U642 VARIANCE APPLICATT N (RE: Meridian Zoning, Ordinance) NAME: Darol Forsythe / Seven Gates Properties (Owner or holder of valid option) ADDRESS: 2657 Windmill Parkway, Suite 390, PXcB'vED AUG 10 2000 CM OF MMM AinG PLANNNG & ZONNG r VAlt-00 ...,. 020 Phone: 208-887-9766 Henderson, NV 89014 GENTERAL.LOCATION: Dots 8, 9, & 10 in Block 1, Layne Industrial Park Sub. LEGAL DESCRIPTION OF PROPERTY: same as above PROOF OF OWNERSHIP OF V ALID OPTION: A copv of your property deed or option am=t must be attached. PRESEN i ZONE CLASSIFICATION: I - L (light industrial) VICINTTY SKETCH: A viciniry map and/or site pian at a scale approved by the City show�a grope, lines, m ----:s erd.sting and proposed zoning and such other items as the City may require. - DESCRIPTION OF PROPOSED VAR,kNCE: Deduction o� landscaping requirements to allow new construction site to match existinct, and as tv-,�ical in this area & subdivision. i hereby certify that the information contained herein is true and correct. - / SIGNATURE: Date Received R—tci ed by CITY COUNCIL RECORDS Ciro Councu Hearing Date AFFADAVIT OF POSTING It is hereby acknowledged & confirmed that the real property which is the subject of this variance request will be posted by the applicant 1 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. 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 "Applthisletter cation and Standards for Variances" 2-419. These will be addressed by number. The section that 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 2.) Above. 4.) Proof of ownership: Attached. 5.) Legal Description: 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. 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 light industrial. 8.) District that pertains to property: I -L (Light Industrial). 9.) Vicinity Map: 30 copies submitted herewith. 10.) Building 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, as well as the fact that no irrigation water is available on these lots in Layne Industrial Subdivision. City water would be required to irrigate these trees. Also, the parking situation is currently a little tight, andwould 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 now exist — 9 are proposed). 14.) 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. 1 l 1 4 16.) Statement of special conditions, etc. I am not sure what would entail special circumstances, however the existing buildings, asphalt, fences etc. do make compliance impractical. Please see 12.) and 14.) above, and copies of the preliminary Plat. 17.) A literal interpretation of this ordinance would seem to deprive this applicant of the same 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 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. 19.) Granting this variance would not confer upon the applicant any special privilege; in fact, 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 1 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). 2 263 APPLIGATION FOR REGIS TRA LION OF FOREIGN LIMITED LIABILITY COMPANY (Instructions on back f I' r%r -? o app icatlon) co 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, 1 998 4. The name and street address of the registered agent in Idaho is: DAROL FORSYTHE 2307 EAST COLYMERC_aL STREET, MERIDIAN, IDAHO 83642 5. The address of the limited liability company's office in the jurisdiction under whose laws it is organized is: 2687 WINDMILL PARKWAY, SUITE 390 HENDERSON, NEVADA 89011 S. The address of the limited liability company's principal office, if other than the address in #5 above, is: 2637 aINDMILL PARKWAY SUITE 390 HENDERSON, NEVADA 89014 7. The address to which correspondence should be addressed is: P. 0. BOY 860 MERIDIAN, IDAHO 33680 8. Signature of a manager, if any, or a member if there are no managers. DAROL F'ORSYTHE/+All --arnirr---tEitEi tli� r 'AT secretary of State use only Typed or Printed Name s 10/02/1998 09:00 Manager & Member ❑ CC: 2846 CT: 104816 3N: 1Z0435 9. Signature of the registered agent named i'� : a 199.08 = 1ae.ae REGFORGLLC 4 ir4-above.. i E8. a8 = _8.ae EXPEDITE C 4 3 i 3 DAROL F'ORSYTHE I �) `'I �T� n p 77,1t NEVADA i I F �e SEP 04 ' SEVEN SEt:SFAAY �_c S,a GATES PROPERTIES, LLC A Limited -Liability Company ARTICLES OF ORGANIZATION 1CVOW 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 subiect to the requirements of the laws of the State of Nevada, do make, record and file these :articles of Organization in writing. AND WE DO HEREBY CERTIFY: FIRST: The name of the Companv is: "SEVEN CA TIES PROPERTIES, LLC". SECOND: The street address of the records office in the State of Nevada is 2557 Windmill Pkwv., Suite 390, Henderson, Nevada 39014. The Resident agent for service of process shall be D. J. Young 3c Associates, LLC, and their office address shall be the Registered Office address at 1050 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 day-to-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 e en Gres Properties ,LLC vr�.nicativn The name and post office addresses of the initial manager who snail serve until the first annual meeting of members or until a successor is elected and qualified, is as follows: DAROL FORSYTHE P. O. Box 360 Meridian, Idaho 33680 The number of managers of the Companv may from time to time be increased or decreased as determined by he holders of two-thirds (2/3) of the membership units as defined in the Operating :agreement. Only the managers may act on behalf of he Company. FOURTH: This Company shall exist for thirt<� (30) years from the date of riling by the Nevada Secretary of State unless stoner dissolved pursuant to the law of the State of Nevada, or hese Articles of Organization, or the Operating _-agreement of the Companv. 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 Companv shall be liable to he Company or its members for anv breach of fiduciar/ 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 Companv 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 Companv, 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 Companv, and, with respect to any criminal action or proceeding, with no reasonable cause to believe his conduct was unlawful. Page 2 of 4 Seven Cates Properties ,^ Articles )It Oryaniration SEVENTH: The Company may admit new members upon such terms and conditions as may be specified by the existing members, only upon the unanimous written consent of the e,Yisting members. A new 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 w'tuch terminates his continued membership in the Company upon the unanimous written consent of the remaining members. EIGHTH: 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, LLC whose business address is 1330 E. Flamingo Road, Suite 414, Las Vegas, Nevada 39119. Original Organizer: Signed and Dated: D. J. Young &associates, LLC By a D. J. Yo g, : `7 19"r CERTIFICATE OF ACCEPTANCE OF APPOIMtiIE,NT OF RESIDENT AGENT 1, D T Yn a u( Hager of D 1 Yo=q & ssociates r r C hereby accept the appointment as Resident Agent for the above named limited liability company. Sign and Dated Page 3 of 4 Signature e d A ent Seven Gates ?roperties LLL ACKNOWLEDGEMENT STATE OF NTVADa COUNTY OF CLARK Articles or GrPani_,ztion This aistrurt� It was ac.14mewiedged oeore r, -%,e on , D. J. YOUNG, who who is ',he Manager of D. bv said instrument. J. Young & associates, LLC, the Original Crganizer named in I -/ Qotary Signature Paye 4 of r JEANNIE C. wIwMAsoN i 140mry,3!.'lfIC • �%*Yom MY aC�,.. z. Apr, 13, X01 1 Notary Seai Seven Gates Properties ,LLQ n i--� CTer,tfng Ag-ee-neat adjourned meeting at which a quorum shall be present or represented, any business may be transacted 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 lembers. 3.05 Voting Every Member entitled to vote at anv 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 :aid meeting and may so vote in person or by proxy. .any Company action shall be authorized by a majority in interest o' the votes cast by the Members entitled to vote thereon except as may other vise 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 attomev- in-tact and shall be valid only if filed with the Managers or the Company prior to the commencement or 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. Ever/ proxy shall be revocable at the pleasure of the person executing it except as otherwise provided by statute. Unless the proxy by its termsprovides 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. TheOperating Manager or the person presiding at the meeting may appoint any person present to act as secretary of the meeting. ARTICLE N 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 thev i'a;e - of'0 5e—en Gates Properties , LL( Oper�t:r. .?;ree•rent r deem necessary or desirable to carry out the business of the Company, except as otherwise provided by applicable law or this .agreement. The initial 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 Companv and shall have general charge of the business and affairs of the Companv, 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 Decisions except as otherwise expressly provided in Article XI and the Articles of Organization, all decisions and approvals of the Members, including the election of Managers, 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 T; IT CERTIFICATES REPRESENTTINC �tLMBEF5H[P INTEREST 5.01 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 he 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 20 Sever Gates Pro-,erties 2307 F. Commercial St. Meridian, ID 83642 (208) 887-9766 FAX (208) 887-1467 NIENIO July 28, 1999 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. This has created an esthetically pleasing landscape in line with the land use, industrial part . N MANAmrw l SEVEN GATES INDUSTRIAL SUBDIVISION PROPERTY OWNERS WITHIN 300' CROSSROADS BUSINESS CENTER LLC PO BOX 2727 BOISE ID 83701-2727 725 N EAGLE RD N EAGLE RD ELIXIR INDUSTRIES 17905 S BROADWAY ST GARDENA CA 90248-3509 725 N EAGLE RD BWINC 250 S BEECHWOOD DR STE 120 BOISE ID 83709-0944 1835 E PINE AVE DMHR DEVELOPMENT LLP PO BOX 770 MERIDIAN ID 83680-0770 2188 E COMMERCIAL ST AMERICAN WALLCOVER INC 245 BLUE HERON IN MERIDIAN ID 83642-0000 2266 E COMMERCIAL ST HOPKINS BARRY M & HOPKINS KRIS 15246 FROST RD CALDWELL ID 83605-0000 2300 E COMMERCIAL ST TAYLOR CHARLES E 7180 AMBLESIDE DR BOISE ID 83709-4903 2390 E COMMERCIAL ST GREAT WESTERN CHEMICAL CO 808 SW 15TH AVE PORTLAND OR 97205-1907 N EAGLE RD KMY PROPERTIES LLC 505 E ROOSTER CT EAGLE ID 83616-3859 2133 E COMMERCIAL ST LEA REX M & LYNN FAMILY TRUST 10861 SANDPIPER ST BOISE ID 83709-1253 2201 E COMMERCIAL ST SEVEN GATES PROPERTIES LLC PO BOX 860 MERIDIAN ID 83680-0860 2269 E COMMERCIAL ST 2307 E COMMERCIAL ST 2393 E COMMERCIAL ST GOADE JOHN D GOADE SANDRA J 5855 BECKY DR MERIDIAN ID 83642-5364 2160 E LANARK ST AIMONETTO JAMES L AIMONETTO CAROLYN M 137 WINDSOR DR SE REDMOND WA 98053-0000 E LANARK ST MERIDIAN CITY 33 E IDAHO AVE MERIDIAN ID 83642-2631 E LANARK ST JOINT SCHOOL DIST #2 911 N MERIDIAN RD MERIDIAN ID 83642-2241 2250 E LANARK ST JOINT SCHOOL DIST #2 2540 E FRANKLIN RD MERIDIAN ID 83642-5910 2311 E LANARK ST ni -�arN I v cim NNyND ••` i ' I ' _N M Im N Emmy t.. /�^� 13p' 30' _ o = y �t�I� vi OOZN -� ••� A S n m vo x ° � �In I �� � z 0 0 _ ; - S 00W07 W 349.81' D100 P A-NNG GS`!P'ACE iECRD xmqNXAO �V' �yyTo++•f amon, 11 101,11,0 +romoOOmp0o' 0r (Ax9,) g � $� a o i I Idly I O E ox 100.00' 11411 ... I 1 g� �ffi^• ~-� e �' I < I I n 1 �J 1 V® P m 4e to v.G. zby�uu =J1� frill i I ti ---= ---- ---- ,p U-� PQ CA goo •tl I y 71 �J A Q A n Aj _F- l5r o rn s s III C C $ i r m i� I. ,'t o< 1 m I iI'1 bo y! C j( o c o o oa A. m l r N yy v I r 8 EDWARDS cE CU1fMINCS L.L.C. SrM FLAY OF LOT 3 �_ CIYIL/S7ROL7vR.IL SM:INEF%XC d SKM CAMMUSTRUL summ an > � LANG St/RY6YJAC, CPS SFRYICS.S "INDIAR, IDANO $R a mi>oia goo-ro FOR JOHN AND DAROL FOHSY'I?iA A a , ppp�000 — - ------------ pa-- RECORDING REQUESTED DY SEVEN GATES PROPERTIES, LLC AND WHEN RECORDED MAIL TO: SEVEN CATES PROPERTIES, LLC 2657 Windmill Pkwy, 0390 Henderson, Nevada 89014 FOR VALUE RECEIVED i I IADA COUNTYECORC'Eii I J. DAVID NBARRO I BOISE.IDAIIO 1998 SP 17 PM 310 6 I I I I I 1 I I WARRANTY DEED CtO.RD/ED- j�ouEST OF Cat Sc Qom_ FE6_.Li DEPUTY G� 98009210 I Ina For Remuior's llee�lee DAHOL FORSYTHE and JUDY FORSYTHE, 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 2857 Windmill Parkway, Suite 390, Henderson, Nevada 89014, the following described prenrisos, in Ada County, Nalco, to wit: LOT 8, 9 AND 10 IN BLOCK 1 OF LAYNE INDUSTRIAL PARK SUBDIVISION, ACCORDING TO THE F PLATS AT PAGES 7113 AND 7114, RECORDS OF ADA PLAT THEREOF, FILED IN BOOK 69 O COUNTY, IDAHO. TO HAVE AND TO HOLD the said promises, will, their appurtenances unto the said Grantee, SEVEN GATES PROPERTIES, LLC and Its halra and assigns forever. And the Grantor does hereby covenant to and wish the Grantee, "hat (hey are fire owners in fee simple of said premises; that they ala and that they will warrant and defend the samehen from all erxannbrences, from all lawful dALns whatsoever. Dated: 9 �^ DAROL FOf � y -n fele — � JUDY FOR, t STATE OF IDAHO ) ) is. COUNTY OF ADA ) On =_1_1-11._, before me, a notary public, in and for sAld County And Siete, personally Appeared DAROL FORSYTIIE and JUDY FORSYTI IE, known it) me to be the persons whose names are subscribed to the within instrurnen( and acknowledged to me that they executed the Sam'). Nola ry Public Si nature f' lieskfing at Idaho T Commieoion Explros _ I� 2 (Q� p p , rr T ti t; l . t C 41 ' Meridian City Council Meeting September 13, 2000 Page 5 Bird: What about the wall? Anderson: And excluding the developer's request for postponing that wall until the Certificate of Occupancy — I think that that should be done with the start of the project. Bird: Before building permits. Anderson: Before building permits. De Weerd: Second. Corrie: Motion made and seconded to approve the Final and Preliminary Plat of the Crossroads 10.99 acres with the comments of staff included and also to have the wall built before the issuance of a building permit. Any further discussion? Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess that kind of makes me think of a point of discussion is how can they build the wall without a building permit when they have to have that to start construction on the wall. Corrie: Oh — before they have the issuance of home building permits? Anderson: Well, I guess a building permit on that property — You'd think you have to have that before you could even start building the wall. Bird: That's true. Siddoway: He'd be specific to structural buildings — structural permits. Corrie: Structural — okay. That's what I anticipated. Mr. Attorney, do you got that one? All right. Any further discussion? Hearing none. Roll -call vote please. Roll -call: Bird, aye; De Weerd; Anderson, aye; McCandless, absent. MOTION CARRIED: THREE AYES, ONE ABSENT. Item 2. Continued Public Hearing: VAR 00-020 ;Request for a variance for the reduction of landscaping requirements to allow new construction site to match existing and as typical for the area and subdivision fd� y Darol Forsythe / Seven Gates Meridian City Council Meeting September 13, 2000 Page 7 It is already 11 less than the required 77 and the applicant has been told on numerous times that he needed to bring that site into compliance with that ordinance. As one place I see that we could come down and compromise, is on the size of those trees. I do know that it is nearly impossible to find three-inch caliper trees. You'll see they are proposing a reduction in that size in the new landscape ordinance later tonight. I would recommend that the number of trees should stay the same as the variance that was already approved, but we could reduce the required size from the three-inch caliper down to a two-inch caliper minimum. I would just point out that this variance and the application is tied to all three of the existing lots — the four proposed lots and not just the proposed fourth lot. That is all one project and the entire site needs to be brought into compliance. That's all I have. Corrie: Okay. Is the applicant here this evening? Dane: I'm Russ Dane, 6328 Chris Park Lane, Boise, 83703. John Forsythe couldn't be here this evening. He is out of town on business. I think — do you all recall the history of this or do you remember it coming before you fairly clearly? Because I have kind of jumped in on this and if Steve's — Can you show me the other — Thank you. We don't know how this plan got into the package, but it did get approved that evening — that this body voted on it. One of the problems that the applicant has with this approval is that all of the landscaping that would be required along the southern part there — along the railroad corridor, actually takes away a property that has been used by the existing tenants for the past five years in the day-to-day operation of their businesses which would be an extreme burden on the tenants. The applicant has — those are the original tenants out there since they moved them out from the — Mr. Forsythe used to be over by the airport — the Boise City Airport. I don't want to get into how this drawing got into the package and got approved. The other drawing — this original drawing which is in the package but didn't make it in front of this body was what they wanted originally approved with a reduction in landscaping. Mr. Forsythe has made a proposal to me and asked me to present it to you. He would be amenable to making a cash contribution to Parks and Recreation. I spoke to your Parks and Recreation Department about purchasing trees to be installed at their discretion — either in new parks or other parks. Again, at their discretion. The burden to the existing tenants in the existing buildings is just so cumbersome in their day-to- day operation. The reason he wants to build this fourth building is because the tenants are demanding more space to grow into. Originally, that is why that fourth pad site was designed into this entire project. Steve, perhaps you can answer this. When they went and got the new subdivision, then were the new landscape requirements applied to that — or were the original landscape requirements from five years ago applied to that? Siddoway: I don't know the date of the original plat. The ordinance was 1 three- inch caliper tree per 1500 square feet. That was the ordinance requirement that has always been applied to it. v-� Meridian City Council Meeting �. September 13, 2000 Page 8 Dane: Since back in 1995? Siddoway: Yes. Dane: I think if you drive down that street today, and you look at the properties, you won't see any difference in landscaping. You'll drive down and you won't say "Where is this person's trees?" They tried to get designed in as many trees as we could up in front there and on the side. This is the original drawing that they had wanted this body to review and approve initially. Bird: Steve, flip back to that last one. Now, that's the one you said that you don't know where it came from? Dane: Right. It was a drawing that was produced for some reason. I tried to find out, but it was just getting too — find out how it got put in the package versus their other drawing. In the package, you'll see that other drawing in different places, but it never got in front of you here. Bird: This is the drawing that we had in our packet. Dane: But if you look at the file, you'll see that other drawing in there also. This is the one that you voted on, but this was not their intent. Mr. Nichols — I read the minutes of that meeting. Mr. Nichols did have it right on the head in that he said you want 66 trees and so many — whoever was speaking that evening for them, said, "Yes, that's correct." The meeting continued and it got lost and they went on into this meeting and referenced this drawing by the date that's on it and that's the one that got put in and approved. But again, if you go out there — I physically took Darryl and John out there and I said, "How would that impact you?" We went back there and met with the tenants. They just use that space for day-to- day operation. They process inventory through their buildings. It's stockpiled back there and they move it through. Trucks — it's designed to have semi -tractor - trailers come between the buildings and actually do U-turns and go around the buildings and out the other side so that they don't have to back up. Bird: In other words, that's not parking space that is shown there. Dane: There is in between the buildings. Bird: On the south end. Dane: Correct. Nobody parks back there. That's all product that's inventoried back there and stands back there. Meridian City Council Meeting September 13, 2000 Page 9 Anderson: What's the width of that landscape buffer in that drawing there on the back portion along the railroad? I think it's wider at one end, but what's the long and skinny part? Dane: I believe it's 20 feet. We measure 20 feet and took it off there from the back fence just to make sure that trucks could get through and make the U-turn taking that — De Weerd: Mr. Mayor. Corrie: Mrs. de Weerd De Weerd: So, the issue — and I wasn't on Council when this came in front of it. I wasn't on — I missed the Planning and Zoning meeting when you were in front of us, too. I believe I recall the issue was that the landscape was — you were not in compliance at the time you brought this in. It was a requirement that never was done. Dane: The applicant will argue that point back and forth — that they have complied. If you drive down the street, it looks like everybody is either in compliance or out of compliance because all the landscaping is the same. There is no landscaping along the rail corridor anywhere almost between Meridian and Boise. The only landscaping that I saw is behind the new elementary school. They have Conifers about every 30 or 40 feet. Then there is deciduous trees about every 100 feet over on Emerald in Boise where some of those retail stores are. De Weerd: But originally, you had a Conditional Use Permit and it was a requirement in your Conditional Use Permit. Dane: Landscaping. Correct. De Weerd: But they just never did it. Dane: Well, again, the applicant will argue that point — that they met — Mrs. Stiles came out and said, "This is fine and we approve." Again, without going through all the records, I can tell you that if you drive down that street, you won't think that they're out of compliance. It looks the same as every other property there. De Weerd: So what does it currently look like? We just have a drawing of the one side. Dane: If you take the far west lot and remove that landscaping out in front, everything else going east is there. Meridian City Council Meeting September 13, 2000 Page 10 De Weerd: So you don't have anything on the south side, but you have that landscaped area on the east side? Dane: Correct. There are trees in there on the east side, aren't there, Steve? Siddoway: Yes. They currently have trees in these three planters along Commercial and along the side here. That is the existing trees. Dane: And if you look down the rail corridor, you'll see no one has landscaping along the entire subdivision. Everybody stockpiles their inventory or product. They start at the back fence and move toward the building until they can't drive the trucks through there anymore. De Weerd: But could you not do at least landscaping on the fourth lot, on the furthest west side, which is not yet developed and no one is using that right now. Is that correct? Dane: Right. Well, what they did — they did as much as they could. They brought in some road mix and compacted it so that they could get some of the trucks that are parking on the street to park on the lot. That's what they have done so far. In this design, they show the building up against that property line and they have a two -foot drain curb that runs down that entire west side so that all the runoff from the roof will drain into that curb and run into the south end of the property. They plan on making that a drainage swell back in the south side of that fourth lot to control drainage. There's also drainage that comes off of some other lots that dumps into there. Anderson: I think what Tammy is asking is can those building, if they're not built yet — Can they be moved over wide enough to accommodate a landscaping strip down that west side of the property? Dane: I'm not sure what we'd need for a landscape strip. What do you think, Steve? Can you do that in like 5 foot or plant trees down that side? Siddoway: It depends on if you're doing Conifers. I would recommend at least 10. That's what we had recommended originally with the Preliminary and Final Plat. Anderson: What's on the east side? How wide is that? Dane: Well, they have parking on that east side. Anderson: No. On the far east. Dane: Oh. Way over there — I'm not sure. Meridian City Council Meeting September 13, 2000 Page I I Siddoway: It's 20 feet existing right now. Dane: And that was designed with those buildings, but now we're at the last lot and trying to meet fire requirements. I don't know if that's why that is designed that way, but I know Fire did have something to say about the previous landscaping. As far as purchasing trees for Parks and Recreation to be applied toward other — I kind of see that as kind of like wetlands mitigation — where you take some wetlands and you have to replace it somewhere else. Anderson: The idea behind the ordinance is so that we have beautification of the City. If all you have is in one area is an asphalt'jungle and you're allowed to buy trees to go somewhere else in town, that doesn't do anything to beautify that particular area. Dane: I understand that, but I do want to make clear that in the entire subdivision along the rail corridor, there is no landscaping on the south side of any property. Siddoway: Mr. Mayor, may I respond to that? Anderson: They must have distance in the front or something to be meeting the landscape requirement. Dane: Right — like they do here. You'll see that it looks the same if you drive down there. Siddoway: Mr. Mayor and Mr. Dane. In response to the issue as to whether or not there is landscaping along there, I can tell you that the — there's an industrial subdivision east of this one — Commerce Park Subdivision and Albertson's Sundries is currently working with us to maximize their landscaping. The Micron Crucial Technologies application, which was before Planning and Zoning last night and coming to this body next month — they are buffering up along the railroad corridor heavily in that industrial subdivision. In Railside Park, which is west of this and also butts up against the railroad tracks — there have been two recent applications, both of which are putting extensive landscaping along that corridor. I do not doubt that there are other lots in this subdivision that are out of compliance. With every application that has come through us, since I have been here, we have been requiring them to bring it up to code. I don't think that this one should be any different. All of the applications that have been made of other lots that are out of compliance, we've been working with them to either bring it into compliance or to maximize it as much as they can and get a variance for the remainder. We had worked with the original applicant's representative to try and work out a scenario where we felt that they had maximized what they could reasonably do on the lot and it still didn't meet the ordinance requirement. We felt like it was the best compromise and that was what we came up with. We see that railroad corridor as being a future transit rail line as well as multiple use Meridian City Council Meeting ^ September 13, 2000 Page 12 pathways, et cetera. We would like to see this dressed up — not only here, but to continue along as other applications come through. That's all. Dane: We did approach UP trying to see if we could plant trees in the right-of- way, but at this point in time, they're not too receptive to that. We thought, "Well, if we could just put them in the corridor because there's at least 100 feet between the back fence and there's a large right-of-way there. Again, they weren't receptive. We're trying to accommodate the landscape requirements, but in the same token, trying not to irritate the tenants so much that they go somewhere else. They've already requested Darryl to build that building because they need to expand into that space. Again, that was the original design. You could see it's always been designed that way since its inception. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Steve, is this a zero lot line clearance in this zone Siddoway: Yes. A lot of side -lot lines can go to zero with the Fire Department's approval. It has to meet their requirements for firewalls, et cetera. But as far as the zoning setbacks are concerned, it can go to zero. Bird: Thank you. Siddoway: I would also just like to point out that the variance does need to be specific to the landscaping. The building footprint and the parking needs to be — this isn't an approval for that tonight. We need to deal with that at a separate time when we review it based on the use. We have no idea what the parking requirements or if the parking that shows here complies with what the use of the building is. The other three buildings, they are severely under -parked. When they got approved for those buildings, they had stated that they were nearly all warehouse and they're not just warehouse. They have cars parking up and down the streets. There's not enough parking as it is. Chem -Lawn is in one of them and we just — I want to make sure that the use and the number of parking spaces and that sort of thing — that's not part of this approval tonight. The issue is what's required in terms of number of trees and the size of those trees. The use will be dealt with at a later time, when they come through for a Certificate of Zoning Compliance. Dane: The other user is a Moving and Storage Company. One of the reasons they need more space is for overseas storage of military containers for military personnel. They would move in from Building No. 3 and they would take over the back half of Building No. 2 and the current tenant would jump over into the new building. Meridian City Council Meeting September 13, 2000 Page 13 Bird: Where are they going to store these overseas containters? Dane: Inside. They have to. They're their personal belongings. They just containerize them and just keep them there for two or three years until the personnel comes back to the states. Sometimes they just ship them over to Germany or whatever base they are at. Bird: Well, then why do they need the south end for inventory? Dane: Well, that tenant does not, but Darryl and the woodworking shop — they keep their inventory back there. Chem -Lawn — I think they're pretty self- contained on that first lot. That entire building was a special design just for them. Bird: Well, how do they stack it back there? Do they got racks or do they just lay it down on the ground? Dane: Yes. It's just on the ground. They'll work it with forklifts. Bird: And it's not fenced or anything? Dane: Not in between — one of the buildings — I think there is a fence. Bird: I mean along the south end there. There is a fence between the corridor? Dane: Yes. And if you looked down there, you would see all the companies do that. They stockpile stuff back against the fence. Bird: Well, the ones across the street certainly don't. They've got landscaping all the way around. The ones on the north side of the road — and I can't figure out why the south side of Commercial Drive needs to be any different. Dane: I'm just trying to — Bird: I understand that, but I don't know why one side is required to go all the way around with their landscaping and make it look nice and yet we're not — on the south side of the same road — we're not making it happen. I realize that none of us sit on the Council. This is the first one on Commercial Road that we probably even voted on. Dane: It's difficult. I know. Bird: Two wrongs don't make a right. Dane: It's difficult, though because it's existing. They've been there for five years using all of that property. De Weerd: But it's existing that required it. They just never did it. n Meridian City Council Meeting September 13, 2000 Page 14 Dane: Well, again, the applicant would argue that point. De Weerd: Well, it's all part of the condition. So whether — you know — then it would have been deleted if it had been waived or a variance would have been requested at that time, and it wasn't. Dane: I wish I could speak to that. I wish I was there when that occurred but all I hear is this side and that side. Well, if we can push that building over and get a 10 -foot strip down there and plant trees — Mr. Forsythe — He understands the value of landscaping. Bird: Well, I don't understand where you're coming from. Steve, how come we're — Is that their plan to come make it about 50 feet at the southwest corner — the landscaping there? Siddoway: Yes. That was their own design. Staff had nothing to do with that. Dane: This was the drawing we didn't want you to see. I really don't know why the builder that was working with us had that drawn up. I don't know what generated this drawing. That 50 -foot back there is actually currently a swell that's lined with River Rock and it's the on-site drainage swell for the entire four lots. They were going to put in a special drainage system in there to handle everything and put parking over that. That's why they didn't want landscaping in that large section. They were going to go to the expense of creating a special drainage system. They have it engineered already. So they could have parking over the top of that to alleviate some of this parking. Bird: The lot that butts up to you there on the west — Do they have landscaping down their east side? Dane: No. Just a fence between the properties. Bird: Just a chain -linked fence. De Weerd: But as Steve mentioned, as these applications are coming in, they're being brought into the current code. Well, I wouldn't be opposed to just bringing that 20 -foot clear to the western border and knocking out a couple of those trees, but — Corrie: Okay. Do you have anything else that you want to add? Dane: It just seems like we're kind of caught between landscaping and parking and trying to accommodate the tenants' requests of more space. I don't know if we can move that building over and get some trees down that west side along the fence line. I just don't know. I just know the impact that all of the Meridian City Council Meeting n September 13, 2000 Page 15 landscaping on the south side would have on the tenants. The parking, again — that's why they improved that lot — was trying to just get the trucks off the street. Bird: The thing is that you are not parking back there. You're storing inventory back there. Dane: Correct. On the fourth lot, that is supposed to be parking. Bird: I could see you going up to the lot line with that future building because if you have to bring it over ten feet or so, you're not going to meet the parking requirements. You're not going to have enough room between the buildings. I think that along the corridor there — It would be interesting how we got this — how this is the one we approved. Dane: I talked to the City Attorney and tried to decipher that but there was no — Bird: That was the one we saw. Dane: This is the drawing that was approved, but it clearly wasn't the one that the applicant wanted you to approve. Anderson: But the representative didn't say that. Dane: No. He didn't catch that when everybody got off of that. Like I said, when Mr. Nichols had pointed out you want this and then the conversation went somewhere else. That was very unfortunate, but again, it's the existing use and the fact that all of the current users out there in Layne Industrial Park — they use the back portion all the way to the fence also. Corrie: Okay. Anything else. Bird: I have none. Corrie: We have still got — I don't know. Maybe somebody in the audience wants to — Morrow: Mr. Mayor and Council. Walt Morrow, 2340 West Franklin Road. I am an owner of 2188 Commercial. We would oppose the granting of this variance for the following reasons. The hardship that was created here was created by the owners. It was further compounded by the Council's action in allowing a re- subdivision of the three existing lots to begin with to create yet a fourth lot and with a building to be planned for the fourth lot. Having said that, we all, when we bought our properties, knew what the rules were. We knew what the subdivision requirements were and knew what the ordinances were. We landscaped our properties to meet those. We did not create hardships, nor did we approach you for variances. We followed the covenants and the restrictions of the subdivision, Meridian City Council Meeting September 13, 2000 Page 16 the City Ordinances and built buildings consistent with that. A variance requires a hardship created not by the owner. In this case, the hardship that's created here is self — *** End of Side 1 *** Morrow: -- has nothing at all to do with any other entities actions nor any other members of the subdivisions or the property owners of the subdivision. Clearly, to me, the amount of money to be donated for landscaping at another site is unacceptable because the issue is that we are trying to create a subdivision that is attractive and that retains clients because they like the atmosphere. Maybe the proposed Landscape Ordinance or the landscape rules that we have now are a little bit onerous. Those things can be adjusted. Nonetheless, in this particular case, they're asking for a massive change that takes away from the character of the other buildings within the subdivision that we all met those requirements. So, for those reasons, it appears to me that the variance should not be granted and they ought to live somewhere closely to the same rules that the rest of us live by so that our subdivision is an attractive subdivision and it retains its character in terms of when it comes time to release that we get good quality tenants. Once you get into a position where you have a declining subdivision, then you also have declining tenants and declining properties. Therefore, you have declining tax revenues to the City of Meridian. Currently, this particular user dominates the end of the street with all types of vehicles, moving vans — parking — it's a virtual gridlock to try to go to the end of the street and try to turn around as it is. So clearly, you have a problem here with parking and landscaping both and it seems to me that it's not contingent upon the City of Meridian to compromise its requirements for a hardship that was created solely by the owner. That would be our position in terms of us as owners of 2188 Commercial. Questions? Bird: I have none. Morrow: Thank you. Corrie: Anybody else issue testimony? Okay. Do you have rebuttal on the opposing testimony? Dane: Not much rebuttal. Again, clearly, I would invite you to drive down the street and it would speak for itself. If you were to drive down the street, you would not see any difference in Mr. Morrow's property or Mr. Forsythe's property or anyone else's property. It's not some — It just wouldn't be glaring and you wouldn't look behind the buildings trying to say, "Oh, look. There's trees back there or there's not trees back there." I understand the City of Meridian in the beautification plan. The existing use out there and it has been existing for five years on that side of the street — on the south side against the rail corridor demonstrates that there is no landscaping there and that the current tenants have used that portion of the property for the day-to-day operation of their r Meridian City Council Meeting n September 13, 2000 Page 17 business. We're trying to alleviate the parking by spending additional funds in designing the drainage system so that we can cover it and create parking back there. I would just say that none of this space is speculation warehouse space. We won't be competing with Mr. Morrow's space. It's already spoken for by the tenants. Corrie: Okay. Any other questions, Council. Bird: I have none. De Weerd: I have none. Corrie: Steve, I'm not going to get to vote here, obviously. I do have a question. Is that on the Conditional Use Permit like Mrs. de Weerd said. Is that already on the south side part of their Conditional Use and they haven't done it yet. Siddoway: This landscape plan that you see before you is part of a variance that was already granted. This is the approved variance that is already in effect for the property. Bird: Mr. Mayor. This is what we voted on the last time. This is the plan we voted on. It doesn't have anything to do with Conditional Use or anything. This was a variance that he asked. We allowed him from 77 to 66 trees, but this is the plan that we voted on. Siddoway: There was no Conditional Use Permit application. It was a Preliminary and Final Plat application. Bird: That's right. Corrie: Okay. Thank you. Any other questioning? Questions, Council. Anderson: I have none. Corrie: I entertain a motion to close the public hearing. Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Corrie: Discussion. r Meridian City Council Meeting September 13, 2000 Page 18 De Weerd: I have none. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: If we don't have any discussion, I would move that we have the attorney draw up the proper papers showing denial for the variance in the reduction of the landscaping requirements to allow a new construction site to match existing and as typical for the area and subdivision of Seven Gates by Darryl Forsythe — Seven Gates property lots 8, 9 and 10 of block one of Layne Industrial Park. De Weerd: Second. Siddoway: Mr. Mayor. I would just like to ask if you would — about the reduction in size from three-inch to two-inch because I know that even with this plan, that's going to be an issue. Bird: What is out there right now is that plan right there with three-inch trees. The variance that I just made a motion to deny has nothing to do with that. If we want to change the caliper — Siddoway: I just bring it up. Bird: The only thing I was thinking, Steve, and maybe Bill can answer this — if we deny this variance, what we are doing is denying the variance. Then if we want to change the caliper, that would have to be another motion, wouldn't it? Anderson: You would have to go back and amend your other variance. Bird: You'd have to go back and amend that variance. Corrie: Mr. Nichols. Nichols: Mr. Bird, Mayor, members of the Council. Let me find my copy of the application really quick. In reviewing the variance application that's on file, it doesn't specifically address the caliper of the trees; however, if the Council so chose because of the impossibility to find three-inch caliper trees — I don't know if it's impossible, but it's impractical to find them. A reduction from three-inch to two-inch would fit within this variance application. In other words, you could say to stick with the previous one, but simply reduce the minimum caliper from three- inch to two-inch. Bird: We can make that in this motion along with that — along with the denial of this variance? Meridian City Council Meeting September 13, 2000 Page 20 three-inch caliper trees. As a policy, if the applicant can demonstrate to us that they have looked high and low and no three-inch caliper trees are to be found, we have allowed them to reduce it to two-inch caliper trees if they meet 110 percent of the total caliper -inch requirement on the site if they were three inches, which roughly doubles the number of trees. I don't see that as a possibility here, so that policy wouldn't help them at all. The ordinance is 1 three-inch caliper tree per 1500 square feet. That is the recommendation that is made on all current applications. Corrie: Mr. Attorney, I think we're going to have to have a cut somewhere and we might as well cut it right as soon as we have the landscaping ordinance if it goes through. It'll be cut and then the others will go to be a two. Personally, I would say somebody is going to get it. Mrs. de Weerd, that doesn't answer your question. Nichols: Mayor, members of the Council. What I would say then, is the ordinance now requires three-inch. If it's impossible to find three-inch, then I guess there's another variance application. I don't propose that to Mr. Dane just to make him jump through some other hoops. The Planning and Zoning Commission has looked at the Landscape Ordinance so it's had its hearing there. We have the Landscape Ordinance for public hearing here tonight and I would expect that some action will be taken on that in the near future. De Weerd: How does that affect existing applications, though? Nichols: The way the existing ordinance is if it requires three-inch, then that's what the existing applications have to meet it. Siddoway: In the Findings of Facts and Conclusions of Law are specific to three- inch and if they're Conifers, six to eight feet. De Weerd: Thank you. Siddoway: If they want to change that, I guess they'll need to reapply Item 3. Continued Public Hearing: VAR 00-019 Request for a variance of the required size and number of trees from 37 three-inch Caliper trees to 27 two-inch Caliper Trees for The Bower Street, LLC — southwest corner of Bower Street and East 5th Street: Corrie: Item No. 3 is a continued public hearing — request for a variance of the required size and number of trees from 37 three-inch caliper trees to 27 two-inch caliper trees for The Bower Street, LLC — southwest corner of th Bower Street and 5Street. So I will open the continued public hearing with staff comments. NOTICE OF HEARING NOTICE IS 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 7:30 p.m. on September 5, 2000, for the purpose of reviewing and considering the application of Darol Forsythe / Seven Gates Properties for a reduction in the landscaping requirements to allow new construction to match existing and as is typical for the area and subdivision generally located at Lots 8, 9 and 10 of Block 1 of the Layne Industrial Subdivision. 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 15th day of August, 2000 SHELBY E. U PUBLISH August 18th and September 1, 2000. tlCt*Y%1%11srvr� OF • r o RIZA, EPUT,TY CLF, BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DAROL FORSYTHE / SEVEN GATES PROPERTIES, REQUEST FOR VARIANCE FOR THE REDUCTION OF LANDSCAPING REQUIREMENTS TO ALLOW NEW CONSTRUCTION SITE TO MATCH EXISTING AND TYPICAL FOR THE AREA AND SUBDIVISION, LOCATED AT LOTS 8,9 AND 10 OF BLOCK 1 OF THE LAYNE INDUSTRIAL PARK, MERIDIAN, IDAHO C/C 09-13-00 CASE NO. VAR -00-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 5, 2000, and continued until September 13, 2000, and Steve Siddoway, Planner for Planning and Zoning, appeared and testified at the hearing, and appearing and testifying on behalf of the applicant was Russ Dane, and Walt Morrow appeared and testified 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 7 ORDER OF DECISION DENYING VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -00-020) STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial' Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 1. 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 § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has duly exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17- 5 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 11-18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 7 ORDER OF DECISION DENYING VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -00-020) Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. S. Meridian City Code, § 11-13-4 B 3, DESIGN STANDARDS FOR OFF- STREET PARKING, SCREENING, LANDSCAPING AND DRAINAGE, SCREENING, and in the I -L zone, which provides as follows: 11-13-4 DESIGN STANDARDS FOR OFF-STREET PARKING: B. Screening, Landscaping And Drainage: 3. Screening: a. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of 7 ORDER OF DECISION DENYING VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -00-020) that is not less than four feet (4') in height plus a planting strip of four feet (41) minimum width or in an alternate arrangement as approved by the Commission. b. Suitable landscaping and ground cover shall be provided and 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 pedestrianways. c. 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, Darol Forsythe/Seven Gates Properties, owner of the property, 2657 Windmill Parkway, Suite 390, Henderson, Nevada 89014, filed for a variance of the landscaping requirements at Meridian City Code § 11-15-5 and 12- 11-3. 2. Applicant, Darol Forysthe/Seven Gates Properties, seeks a variance of the landscaping requirements because applicant seeks reduction to allow new construction site to match existing and typical for the area and subdivision for lots 8, 9, and 10 in Block 1 in the Layne Industrial Park. 3. The location of the subject property is located in an Light Industrial District FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 7 ORDER OF DECISION DENYING VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -00-020) (I -L) at 2269, 2307 and 2393 E. Commercial Street, Meridian, Idaho. 4. 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: 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. 5. Pursuant to the staff testimony and action of the City Council at their September 13, 2000 meeting, that the request for variance should be denied, and that the prior plan be affirmed. 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: 1. Pursuant to § 11-13-4 B 3 of the Meridian City Code, the Applicant is hereby denied the reduction of landscaping variance as per the decision of the City Council at their September 13, 2000, meeting, for the real property located at 2269, 2307 and 2393 E. Commercial Street, Meridian, Idaho. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of 7 ORDER OF DECISION DENYING VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -00-020) 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 fence variance of 11-13-4 B 3 Screening as provided in the Section 11-2-410 A, and may within twenty-eight (2 8) 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 theday of NO I ROLL CALL: 2000. COUNCILMAN RON ANDERSON VOTED4A— COUNCILMAN KEITH BIRD VOTED �- COUNCILWOMAN TAMMY deWEERD VOTED- COUNCILWOMAN CHERIE McCANDLESS VOTED_*� MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: D ,OO MOTION: APPROVER DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 6 of 7 ORDER OF DECISION DENYING VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -00-020) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. it 11 of By onq D�/%� Dated: F City Clerk �' SBAL J msg/Z:\Work\MUv[eridian 15360M\Seven Gates Deny VAR020\Ff>rlsDenyVariance 9Q T SSS X 'm tot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 7 of 7 ORDER OF DECISION DENYING VARIANCE / DAROL FORSYTHE/SEVEN GATES PROPERTIES (VAR -00-020) September 28, 2000 PP 00-013 MERIDIAN CITY COUNCIL MEETING October 3, 2000 APPLICANT Darol Forsythe / Seven Gates Properties ITEM NO. R REQUEST Request for a variance for the reduction of landscaping requirements to allow the new construction site to match existing and as typical for the area and subdivision for Seven Gates - Lots 8, 9 and 10 of Block 1 of the Layne Industrial Park Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Findings Contacted: atk% �Gt►L� Date: (0/2 Phone: �, o— �i �' Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. RECErVED From: Wm. F. Nichols SEP 2 0 2000 Subject: Darol Forsythe Seven Gates Properties (VAR -00-020) CITE' OF MERIDIAN Date: September 18, 2000 Will: Pertaining to the above file, please find attached the original FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE request for Darol Forsythe/Seven Gates Properties for the property located at 2269, 2307 and 2393 E. Commercial Street, Meridian, Idaho. This matter is to be heard at the Council meeting on October 3, 2000. If you have any questions please advise. Z:\Work\N4\Meridian 15360M\Seven Gates Deny VAR020\BergVAR020.mem Ey/Z:\Work\M\Meridian 15360M\Seven Gates Deny VAR020\BergVAR020.mem September 8, 2000 VAR 00-020 MERIDIAN CITY COUNCIL MEETING September 13, 2000 APPLICANT parol Forsythe / Seven Gates Properties ITEM NO. 2 REQUEST Request for a variance for the reduction of landscaping requirements to allow new construction site to match existing and as is typical for the area and subdivision - Lots 8 9 and 10 of Block 1 in the Layne Industrial Park AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER SERVICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS Date: Phone: -L)(P -- f 4 Materials presented at public meetings shall become property of the City of Meridian. August 31, 2000 VAR 00-020 MERIDIAN CITY COUNCIL MEETING September 5, 2000 APPLICANT Darol Forsythe / Seven Gates Properties ITEM NO. 26 REQUEST Request for a variance for the reduction of landscaping requirements to allow new construction site to match existing and as is typical for the area and subdivision - Lots 8 9 and 10 of Block 1 in the Layne Industrial Park AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEWER SERVICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached See attached See attached See attached See attached i r �6Y, Date: Phone: Ov 7-P, Materials presented at public meetings shall become property of the City of Meridian. MAYOR NUB OF TREASURE VALLEY Robert D. Come A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN 120S1 288-2499 - Fax X501 MEMBERS PUBLIC WORKS8 Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-22211 - Fax 887-1297 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: VAR 00-020 Request: Variance for the reduction of landscaping requirements to allow new construction site to match existing and typical for area and subdivision By: Darol Forsythe / Seven Gates Properties Location of Property or Project: Lots 8, 9 and 10 in Block 1 of the Layne Industrial Park Sally Norton, P/Z '* Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C -7—Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 PP/FP/PFP .24 AZ .27 " no FP Your Concise Remarks: Meridian School District - Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) I?JECEIVET) AUG 2 5 2000 CITY OF MERIDIAN CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT C DISTRICT Environmental Health Division HEALTH Ret"o to: DEPARTMENT PeElvED Eagle Rezone # ❑ Garden City Conditional Use # a412 oo - rpo AUG 2 5 2000Meridian ❑ Kuna Preliminary / Final / Short Plat Cm_ OF RIDIA ❑ ACZ ,J I. We have No Objections to this Proposal. /❑� 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date:/ Reviewed By: /����,�� CDHD I0/91 rcb, rev. 7/97 Review Sheet MAYOR NUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 •Fax 288-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887- PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (20 18®� DEPARTMENT �1b {.®�e (208) 884-533 •Fax 888-6854 0 TRANSMITTALS TO AGENCIES FOR COMMENTS O`WDEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: VAR 00-OZp Request: Variance for the reduction of landscaping requirements to allow new construction site to match existing and typical for area and subdivision By: Darol Forsythe / Seven Gates Properties Location of Property or Project: Lots 8, 9 and 10 in Block 1 of the Layne Industrial Park Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 •• no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: ? - 2, 2 - 0 0 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: VAR 00-02b Request: Variance for the reduction of landscaping requirements to allow new construction site to match existing and typical for area and subdivision By: Darol Forsythe / Seven Gates Properties Location of Property or Project: Lots 8, 9 and 10 in Block 1 of the Layne Industrial Park Sally Norton, P/Z '* Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ .27 " no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) HUB OF TREASURE VALLEY �4AYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 •Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 Tammy deWeerd (208) 888-4133 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: VAR 00-02b Request: Variance for the reduction of landscaping requirements to allow new construction site to match existing and typical for area and subdivision By: Darol Forsythe / Seven Gates Properties Location of Property or Project: Lots 8, 9 and 10 in Block 1 of the Layne Industrial Park Sally Norton, P/Z '* Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ .27 " no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) PcEIVED AUG 3 1 2000 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 August 25, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian City Hall 33 East Idaho Meridian, ID 33642 Re: VAR 00-020 Variance for reduction of Landscaping Requirements / Seven Gates Industrial Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Ta'300d bbLab8880Z MAYOR KUB OF TREASURE VALLEY Robert D. Conic A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson Keith Bird Tammy deweerd Cherie McCandless 33 EASE' IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (203) 888-4218 FT:TT 00. 8T and LEGAL DEPARTMENT (208) 268.2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (206) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 881.5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 31, 2000 Transmittal Date: August 15, 2000 Hearing Date: September 5, 2000 File No.: VAR 00-020 Request: Variance for the reduction of landscaping requirements to allow new construction site to match existing and typical for area and subdivision By: Darol Forsythe / Seven Gates Properties Location of Property or Project: Lots 8, 9 and 10 in Block 1 of the Layne Industrial Park Sally Norton, P/Z " Kent Brown, P/Z *' Thomas Barbeiro, P/Z " Richard Hatcher, P/Z " Keith Borup, P/Z *' Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/O Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/VP.PFP _ 24 AZ - 27 " na FP Meridian School District " Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department " Ada County (Annexation) jRE'CEIVED 12000 CITY SOF MERIDIAN r'ETY CLFRK OFFICE 201TOa 1717LOt729P&Z=aT H71`dM919VM NHIQIM3W TA:AT AA -ST -P& E MEMORANDUM: J10CErV4eptember 1, 2000 To: Mayor and City Council SEP - 1 2000 CITY OF MERIDIAN From: Steve Siddoway, Planner ��"-" Re: Request for Variance from Plat Conditions of Approval and City Ordinance 11-13- 4.B.3.c. to Reduce the Required Number of Trees by Darol Forsythe/Seven Gates Properties in an I -L zone. (File #VAR -00-020) I have reviewed this submittal and offer the following comments. APPLICATION SUMMARY The property included in this application was the subject two previous applications; a preliminary/final plat to resubdivide Lots 8, 9 and 10, Block 1, Layne Industrial Park Subdivision into four lots, and a variance to reduce the number of trees. City Ordinance Section 11-13-4.B.3.c. requires a minimum of one (1) three-inch (3") caliper tree per 1,500 sq. ft. of asphalt area on the site. Landscaping existing on the site is severely deficient, and most of the existing landscaping is within ACRD right-of-way. The site has 114,800 s.f of asphalt, according to the site plan submitted with the plat, not 20,950 square feet as shown on the current plan. This would require 77 three-inch caliper trees among all four proposed lots as per City Ordinance (about 19 trees per lot). The applicant is requesting a Variance from the tree requirement and is proposing a total of 34 trees for the four lots. This is not acceptable. During the plat process, staff recommended that 10 -foot wide landscape areas be required around the south, east, and west boundaries of the subdivision. By requiring the 10 -foot landscape setbacks, 34 additional trees could be placed on the lots at 30 feet on center. This would provide for 68 total trees on the site, only 9 trees less than the ordinance requirement (as opposed to 43 less than the ordinance requirement as the applicant is currently proposing). The City Council approved a partial variance to reduce the number of required trees from 77 to 66 in their meeting of December 21, 1999, in accordance with a site plan submitted by the applicant's representative. After conditional approval of the preliminary/final plat and the variance, the applicant's representative indicated that the submittal of the site plan stamped "Received" by the City Clerk's office on 12/1/99 was in error and that the applicant did not intend to install the landscaping shown on the plan. MAYOR HUB OFTRE4SURE VALLEY AWW", A Good Place to live Robert D. Corrie CITY OF WRE[)LA Crry COUNCIL MEMBERS Ron .Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy &Wmrd (208) 888-4433 • FAX (208) 887-4813 Cherie McCanless Ot' Clerk Office Fax (208) 888-4218 (208) 884-5533 • FAX 88R-6RS4 E MEMORANDUM: J10CErV4eptember 1, 2000 To: Mayor and City Council SEP - 1 2000 CITY OF MERIDIAN From: Steve Siddoway, Planner ��"-" Re: Request for Variance from Plat Conditions of Approval and City Ordinance 11-13- 4.B.3.c. to Reduce the Required Number of Trees by Darol Forsythe/Seven Gates Properties in an I -L zone. (File #VAR -00-020) I have reviewed this submittal and offer the following comments. APPLICATION SUMMARY The property included in this application was the subject two previous applications; a preliminary/final plat to resubdivide Lots 8, 9 and 10, Block 1, Layne Industrial Park Subdivision into four lots, and a variance to reduce the number of trees. City Ordinance Section 11-13-4.B.3.c. requires a minimum of one (1) three-inch (3") caliper tree per 1,500 sq. ft. of asphalt area on the site. Landscaping existing on the site is severely deficient, and most of the existing landscaping is within ACRD right-of-way. The site has 114,800 s.f of asphalt, according to the site plan submitted with the plat, not 20,950 square feet as shown on the current plan. This would require 77 three-inch caliper trees among all four proposed lots as per City Ordinance (about 19 trees per lot). The applicant is requesting a Variance from the tree requirement and is proposing a total of 34 trees for the four lots. This is not acceptable. During the plat process, staff recommended that 10 -foot wide landscape areas be required around the south, east, and west boundaries of the subdivision. By requiring the 10 -foot landscape setbacks, 34 additional trees could be placed on the lots at 30 feet on center. This would provide for 68 total trees on the site, only 9 trees less than the ordinance requirement (as opposed to 43 less than the ordinance requirement as the applicant is currently proposing). The City Council approved a partial variance to reduce the number of required trees from 77 to 66 in their meeting of December 21, 1999, in accordance with a site plan submitted by the applicant's representative. After conditional approval of the preliminary/final plat and the variance, the applicant's representative indicated that the submittal of the site plan stamped "Received" by the City Clerk's office on 12/1/99 was in error and that the applicant did not intend to install the landscaping shown on the plan. Mayor and City Council September 1, 2000 Page 2 LOCATION & SURROUNDING USES The subject property is located on the south side of E. Commercial Street in the Layne Industrial Park Subdivision approximately 1,400 feet east of Nola Road. The property is located in an I -L zone. The surrounding uses follow: North — Industrial lots within Layne Industrial Park Subdivision South — Union Pacific Railroad Right-of-way, designated as a multiple use pathway in the Meridian Comprehensive Plan. East — Unplatted industrial property within the City of Meridian West — Industrial lot within Layne Industrial Park Subdivision RECOMMENDATION Staff recommends denial of the proposed variance. The variance approved on 12/21/99 should remain in effect, which is already a reduction of 11 trees from the current ordinance requirement. It should be noted that the required trees are to be three-inch caliper at six inches above ground level when properly planted (6'-8' for conifers), not three inches at the base. As a compromise, the Council could offer to reduce the required size of the trees from 3" caliper to 2" caliper. 3" caliper trees are more expensive and are becoming increasingly difficult to find for sale anywhere in the Treasure Valley. Also, it should be noted that the distance between the ash trees shown on the new proposed plan is insufficient for optimum planting conditions. The trees shown on the new plan are 8 to 12 feet on center. The trees will reach a maximum width of 30+ feet. The partial variance previously granted is tied to all three existing lots and is included in the conditions of approval for the preliminary/final plat. The current application addresses only a proposed fourth lot, which is not a legal lot at this time. It also appears that the "Letter to Accompany Variance Application" included with the submittal has not been revised from the original variance application to reflect the current site plan. The number of required trees should remain at 66 in accordance with the previous plan. The future buildings proposed on the site plan are not approved and are not reviewed as part of this application. W CA) 0 0 0 w Cl 0 0 0 to 0 0 N 0 0 CD I m m z n m v c CA a r V/ TC W G z The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION DTI# Identification 310864 064514 320492 PUBLIC HEARING Ordered by P O # fNT SHELBY CITY OF MERIDIAN 33'E. IDAHO AVE. MERIDIAN, IDAHO 83642 LEGAL NOTICE PUBLIC HEARING NOTICE IS 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, Ida- ho, at the hour of 7:30 p.m. on September 5, 2000, for the purpose of reviewing and considering the applications of: City of Meridian for consideration and review of proposed changes to the Land- scape Ordinance; City of Meridian for consideration and review of proposed changes to the Notice of Mailing Ordinance allowing first-class mail to replace certified mail for notifica- tion of public hearings; Briggs Engineering for a variance from the maximum 1000 -foot block length for Bear Creek Subdivision generally located east of Stoddard and south of Overland Road; Primeland Development Company, LLP, for annexation and zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision generally located north of Ustick Road and east of Ten Mile Road; Primeland Development Company, LLP, for a Conditional Use Permit to con- struct a planned -unit development con- sisting of 106 buildable lots for proposed Bridgetower Subdivision generally located north of Ustick Road and Ten Mile Road; Primeland Development Company, LLP, for Preliminary Plat approval for COUNTY OF ADA Proposed Bridgetower Subdivision of 106 building lots, 1 HOA recreation center, 1 , On this 1 day of SEPTEMBER in the year of 2000 park lot and 19 common lots on 46.2 acres in a proposed R-4 zone generally located before me, a Notary Public, personally appeared before me Janice Hildreth north of Ustick Road and Ten Mile Road; Primeland Development Company, known or identified to me to be the person whose name subscribed to the LLP, for a variance of the foot max- imum block length for Proposed Bridge - within instrument, and being by me first duly sworn, declared that the state - tower Subdivision generally located north ments therein are true, and ac wledged to me that she executed the same. I Notary Public for Idaho Residing at: Boise, Idaho ''Js1s1� rite �r?+t�ission expires: tiN y Z e � e • u• LBLIG•• •• •• 9 ••• '••...•••• l °•.,�� OF � ��P�.•• Amount: $1 12.32 Run Dates AUGUST 18, SEPTEMBER 1, 2000 Number of Lines 78 Affidavit Legal # 1 8109 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO =consecutive weekly single =consecutive daily Modd skip insertion(s) beginning with the issue of: AUGUST 20 , 2000 and ending with the issue of: SEPTEMBER 1 , 2000 STATE OF IDAHO ) )ss Developers Diversified / Dakota Com- pany for Preliminary / Final Plat approval of 10.99 acres with three building lots in an I -L zone for proposed Presidential Subdi- vision generally located on the southeast; \ Darol Forsythe / Seven Gates Proper- ties for a variance for reduction of the landscaping requirements to allow new construction site to match existing and typical in the area and subdivision gener- ally located at Lots 8, 9 and 10 of Block 1 in the Layne Industrial Park Subdivision; The Bower Street, LLC, for a variance to reduce the number of required trees to 25 two-inch Caliper trees in lieu of 37 three-inch Caliper trees due to the possi- ble unavailability of three-inch Caliper stock generally located on the southwest comer of Bower Street and East 5th Street; Pub. Aug. 18, Sept.l, 2000 8109 4M gayyCu