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Variance · Planning application

Nampa approves drainage swale in place of required street berm at AgWest site

The city approved a variance letting AgWest Farm Credit build a drainage swale along its 1.69-acre commercial site's street frontage instead of a continuous landscaped berm, because a recorded stormwater and utility easement conflicts with the berm. The City Council decided the case on Nov. 17.

ApprovedVAR-00193-2025Filed Aug. 19, 2025North Nampa · 16033 Equine Dr+1 related filing
Site plan for Nampa approves drainage swale in place of required street berm at AgWest site
Site plan from the application documents.
Pin at the reported location; the shaded outline is the primary parcel (Canyon County).

From the filing

The application's description as it appears in City of Nampa's record. See the official record

AgWest Farm Credit asked the City of Nampa for a variance from the city rule requiring a continuous landscaped berm along the street frontage at 16033 Equine Dr, on a 1.69-acre commercial site. The council approved the variance because a recorded stormwater and utility easement and an existing drainage swale on the site would conflict with the berm.

The subject property at 16033 Equine Dr., Nampa fronts E. Franklin Rd. has a recorded 35’ storm water/utility easement. This easement, recorded before adoption of NCC 10-4-5.B. and 10-4-5.B1, was intended to collect and treat surface water from the site and adjacent parcels to the west into the area drainage system and provide utility access between N Tiegs Way and Equine Dr. This easement was part of the site understanding at purchase. A literal application of the 20’ berm requirement within this 35’ easement would conflict with the easement’s purpose, blocking drainage and eliminating access for current and future utilities. Constructing a berm would obstruct flow and require costly alterations to make the system functional. Moreover, these code requirements directly conflict with the deeded easement. This hardship is not self-created. The easement was a pre-existing, recorded condition at design, and neighboring properties along this segment of E. Franklin Rd. use similar open swales along Franklin to meet storm water conveyance requirements and utility access. The drainage pattern of the shared drive aisle to the west also cannot be reconfigured to accommodate new berm-related flows, as the impact of the berm would be outside of 16033 Equine Drive's property limits. Granting the variance would allow a landscape swale consistent with existing conditions along the street and preserve the drainage and utility easement’s function. Strict enforcement of NCC 10-4-5.B. and 10-4-5.B1 would create unnecessary hardship and practical difficulty for the property owner and neighboring property owners. Granting the variance represents the most reasonable and functional public-interest solution.

Project name on file: AgWest Farm Credit - Nampa

Timeline

  1. Dec. 3, 2025

    13 documents added

  2. Nov. 19, 2025

    City Council Decision/Action Letter

  3. Nov. 17, 2025

    Decision: Approved

    Nampa City Council: Approved.

  4. Nov. 17, 2025

    Public hearing: Nampa City Council

  5. Nov. 3, 2025

    Notice to Area Property Owners

  6. Sept. 26, 2025

    Notice to Agencies/Departments

  7. Sept. 25, 2025

    Assess Fees (Variance)

  8. Aug. 26, 2025

    Plan Intake Passed

  9. Aug. 26, 2025

    Accepted for review

  10. Aug. 19, 2025

    Application filed

Documents

Site plans

  • Final plat for Title One Subdivision, a re-subdivision of Lot 6, Block 1, showing easements, lot layout, plat notes, scale and legend.

    Aug. 19, 2025 · 3 pages · 2.0 MB · Legal Description - on Plat Map

    Download Subdivision plat map with notes and legend

Project narrative

  • Argues that a recorded 35-foot stormwater and utility easement conflicts with the 20-foot berm requirement, and requests a landscape swale instead to preserve drainage and utility function.

    Aug. 19, 2025 · 1 page · 13 KB · Narrative

    Download Variance narrative for berm requirement NCC 10-4-5.B and 10-4-5.B1

Staff reports

  • Staff report to City Council on a variance from the continuous landscaped berm requirement, proposed as a landscape swale to protect a stormwater and utility easement.

    Nov. 19, 2025 · 23 pages · 11.5 MB · Available Online

    Download Staff report for landscape berm variance

Decisions

  • Variance allowing a drainage swale in place of the required landscaped berm along the frontage, filed by AgWest Farm Credit.

    Dec. 3, 2025 · 2 pages · 205 KB · Recorded permit #2025-043644

    Download Recorded variance permit for landscaped berm requirement
  • Letter notifying the applicant that the City Council approved the variance from the continuous landscaped berm requirement, subject to one condition on city standards.

    Nov. 19, 2025 · 5 pages · 1.2 MB · Available Online

    Download Council decision letter on landscaped berm variance
  • Nampa City Council's findings of fact, conclusions of law and decision approving a variance from the continuous landscaped berm requirement for AgWest Farm Credit's property in a Gateway Business zone.

    Nov. 19, 2025 · 4 pages · 849 KB · Available Online

    Download Reasoned statement approving berm variance

Application

  • Demolition sheet from the construction drawings for a variance application, showing removals, existing utilities, tree protection and asphalt and sidewalk work.

    Aug. 19, 2025 · 10 pages · 5.0 MB · Construction Drawings

    Download Demolition plan, construction set
  • Planning and Zoning pre-application notes for a commercial variance seeking relief from landscaping and berm standards along arterial streets, with a City Council hearing required.

    Aug. 19, 2025 · 1 page · 181 KB · Pre-Application Meeting Notes

    Download Pre-application notes for variance request

Studies and reports

Other documents

  • Signed and notarized affidavit

    A signed and notarized affidavit of legal interest filed with the variance application for city council review.

    Aug. 19, 2025 · Affidavit of Legal Interest

  • Farm Credit Administration certificate confirming the January 1, 2023 merger of Farm Credit West, FLCA into Northwest FCS, FLCA, which took the AgWest Farm Credit name.

    Aug. 19, 2025 · 1 page · 558 KB · Proof of Authority - Certificate of Merger

    Download Certificate of merger for AgWest Farm Credit, FLCA
  • Legal description

    Aug. 19, 2025 · Legal Description - Word

  • Grant deed

    Aug. 19, 2025 · Grant Deed

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