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
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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
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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.
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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.
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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
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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
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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.
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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:
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u•
LBLIG••
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•• 9 •••
'••...••••
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°•.,�� 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