HomeMy WebLinkAboutCommentsCENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
CENTRAL DISTRICT HEALTH DEPARTMENT R t t
e urn o.
Environmental Health Division ❑Boise
RECEIVETI ❑ Eagle
Rezone # 4 Z 0 6 - 640 ❑Garden City
Conditional Use # Melidi n
❑Kuna
Preliminary / Final / Short Plat CITY CLERKS OFFICE ❑ACZ
S d 31 ❑Star
sac. M
®1. We have No Objections to this Proposal.
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❑2. We recommend Denial of this Proposal. /„cti
❑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
❑ bedrock from original grade ❑ other
❑6. This office may 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 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. Please see attached stormwater management recommendations
❑ 15.
Re
viewed
Date:___,l 15 / 7
15726-001 EH0904 Review Sheet
Page 1 of 1
Machelle Hill
From: Larry Strough [Larry.Strough@itd.idaho.gov]
Sent: Tuesday, February 17, 2009 10:37 AM
To: Machelle Hill
Cc: Pam Golden
Subject: AZ 08-016 James L. Jewett
Attachments: SKMBT_C25009021711240.pdf
ITD has no comment on the enclosed notice. Thank You.
2/17/2009
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
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 Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: February 12, 2009
Transmittal Date: January 13, 2009 File No.: AZ 08-016
Hearing Date: February 19, 2009
Request: Public Hearing -- Request for Annexation and Zoning of 36.27 acres of
land from RUT zoning district in Ada County to the M-E (Mixed Employment)
zoning district in the city for Southridge 31
By: James L. Jewett
Location of Property or Project: NEC of Overland Road and Ten Mile Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. BroadwX Ave., Meridian, ID 83642
Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org
01/19i2009 12:01 BOISE—KUNA IRR. i 8884218 NO.019 901
IDIAI�;*--
tDAHO
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith laird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian Planning and Zoning Commission please submit your
comments and recommendations to Meridian City Hail
Attn: Jaycee Holman, City Clerk, by: February 12, 2009
Transmittal Date: January 13, 2009 File No.: AZ 08-016
Hearing Date: February 19, 2009
Request: Public Hearing -- Request for Annexation and Zoning of 36.27 acres of
land from RUT zoning district in Ada County to the M-E (Mixed Employment)
zoning district in the city for Southridge 31
By: James L. Jewett
Location of Property or Project: NEC of Overland Road and Ten Mile Road
r1
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, vac, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (cup only)
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/sHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pi line
York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. BroadWay Ave., Meridian, ID--BT642
Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org
JOYCE BAKER C l
3350 DAVIS LANE
MERIDIAN, ID 83642p,R 3e,ai e
888-1381 pf
C � C�eik O
Dear Madam Mayor and Meridian City Council:
RE: AS 08-016
The P&Z Commission made a hasty decision with their recommendation by not using
genuine and sincere caution and not taking into account the long term consequences the
City may have to endure. The City does not need to become parry to an illegal operation
in an attempt to provide Ada County with a `legal out' in accommodating the land owner
and the operations occurring on the property in question for the Code Violation they have
not enforced. The P & Z Commission demonstrated little regard the land use project
creates for the Davis Lane and Tasa Drive neighbors. This is a critically serious issue and
it does matter that the "cart was before the horse." That was one of the coldest hearted
statements a P&Z Commissioner could make. In other words; he was saying for certain
developers, City, County or State Agencies it's okay to do things illegally. There were
comments made by the Commission to Knife River in regard to keeping the dirt watered
and following the noise ordinance. I had to call Knife River @ 362-6152 and spoke with
Pat Wood on Mach 13, 2009, a terribly windy day when there was excessive truck and
equipment activity with dirt flying everywhere. Pat advised me that he had been on the
illegally operating site the day before and the ground was watered, however, he did state
he would look into the current dirt and have his operation take care of the issue.
Approximately twenty (20) minutes later the water truck made a double pass on their
main route from Overland to I-84. That settled the dirt on that path, however, the heavy
trucks were pulling off of the path to unload their load of dirt and the ground they drove
on was extremely loose dirt that continued to fly as well as the dirt they were dumping. I
have never witnessed any of the loose dirt ground being watered other than `their path`.
Early Saturday, March 28, 2009 @ 0636 hours my husband, Mel, and I were wakened out
of a sound sleep by a loud bang. I jumped out of bed and sprained an already injured
foot. We went to the window and sure enough there was a large semi truck with a lot of
lights doing something on the property in question. The backup alarms then came on and
the truck continued there for approximately 10 - 15 minutes. This was another of many
Code Violations, however it took on an added dimension for us as Mel is a Meridian
USPS letter carrier and works six days a week. He just turned sixty one (61) years old.
Mel had not had a Saturday off in many months and was just starting nine days of
vacation that morning. This incident was another intolerable violation we could not
overlook. Homes used to be a sanctuary from everyday life away from the outside world
but not so for us over the past nine plus months. As Tom Haynes, ITD Project Manager,
instructed me back on October 1, 2008, I called the Ada County Sheriff dispatch to file a
Code Violation report. Please see DR# 37986 at the Ada County Sheriff's Office. You
as an elected official and public servants have a heavy burden in considering the facts
when making a decision on this annexation request. ITD is funding the illegal operations
with taxpayer dollars through GARVEE bonds. This is a serious quest for ITD and all
agencies involved in the land use in an Ada County RUT zone. It was turned into the
massive Staging Area and erection and use of a Concrete Batch Plant without proper
procedures or allowing affected neighbors their right to due process. The affects we
have been dealt is severe enough but to be defied by officials `we the people' have elected
and entrusted our best interest to is beyond comprehension and is unconscionable.
I am an affected neighbor due to the noise & nuisance currently occurring on the property
in question. This application is unique and premature since it is has been mandated as an
ultimatum by Ada County due to land use code violation. The current illegal heavy
Industrial use of these parcels has created extreme distress to my family and our
neighborhood. Loss of sleep, anxiety, out of pocket expenses and too many hours and
days to count that it took to unravel what, why and how the current illegal Iand use
occurred.
Over 40 yrs. ago I learned that government is of the people, for the people and by the
people and `we' have certain inalienable rights. The right to life, liberty and the pursuit
of happiness. The project that has been operating next door to us is denying us these
privileges! Instead it has caused excessive stress, which affects health and has devalued
homes. I have not had a decent nights sleep since early last summer which has
precipitated other health issues. Another adjoining neighbor told me that when she comes
home from work late and the trucks & plant are operating the noise is so bad she sits in
her recliner, turns the TV up to drown out the noise until she falls asleep from exhaustion.
Another neighbor spent approximately $3,000 on insulation last summer in an attempt to
cut down on the noise of the operations taking place on the property in question.
Violations of Noise and Nuisance ordinances deserve severe consequences. One severely
affected party is frightened to show up or speak out for fear of loss of a job with the State
during our declining economy with increased lay offs. Ladies and gentlemen, this is
horrible that people have to live with this type of fear here in Ada County in Idaho.
We purchased our home nearly 10 years ago for the view and space to care for three (3) of
our elderly parents all who passed away in our home. Now our view is severely
distracted by an ITD project with Staging Area and Concrete Batch Plant. The home that
used to be a sanctuary is now a nightmare.
Early Sunday, March 8, 2009, shortly after the P&Z Commission Hearing we received a
call from our next door neighbor who is nearly 87 years of age and her husband is going
to be 901h shortly. The neighbor stated her husband was very ill and asked if I would
come and check him out. In just a few moments of a nursing evaluation I knew he
needed to go to ER. I called Mel and he came immediately to help get him to the car as
his wife did not want to call an ambulance as I advised. We got him to ER in short order
and he was diagnosed gravely ill with pneumonia. These elderly folks have lived in their
retirement home for over 20 years. If they become incapacitated at any time and need a
nursing facility who will buy their home at the market value it should bring with this
illegal mess going on below us? This elderly couple were in attendance of the March 5''
P&Z Hearing.
Applicant/developer and his tenants have already destroyed our trust as neighbors,
through their noncompliance of County RUT land use with utter disregard for neighbors.
James Jewett made a definite attempt to not show up at his required neighborhood
information meeting the evening of December 17, 2008. I asked three (3) times during
that meeting when he was going to show up to answer questions as his invitation stated.
After finally showing up approximately ten minutes prior to the indicated end of the
meeting James Jewett stated that he had dropped the ball and should have applied for
annexation earlier. Pursuant knowingly and intentionally entered into a land use lease
agreement without proper permits after he and Knife River were advised the land was not
properly zoned. Land owner has been an extremely disrespectful neighbor. If James
Jewett was a respectful businessman he would have shown up at the P&Z Commissioner
hearing on March 5, 2009. He would also be sincere, upfront and honest in his business
dealings. To advertise the demolition of a home located on his property on Craig's List is
pretty tacky. When an investigative agency came to check proper procedure for
demolition the team slipped away leaving the house and historic barn half torn down. Is
this what you call being a good neighbor or do we no longer practice this in the 21 st
Century? Has this County come to "each for themselves" or at least each looking out for
the other agency just to complete a pet project regardless of the legality or concern for
severely affected neighbors? For the past three or so years we have been dreadfully
anticipating the inevitable Ten Mile Interchange project. However, the illegal land lease
agreement added at least one (1) additional year of serious consequences to the neighbors
affected by this current project.
Most of my life I have been a trusting person by trying to give everyone the benefit of the
doubt. However a few of life's circumstances have caused me to become cautious and
this project is one of them so this time I cannot and will not turn my head. This
developer is notorious for bullying individuals for miles around and many have suffered
by his dealings. His neighbors should not have to monitor or police his every move. He
stated he has been doing business in Idaho for over 20 years so he full well knows the
regulations and laws required for each business deal he enters into. After years of getting
his way he continues to operate without following proper procedure. It has come to my
attention the building demolition on this site is not in compliance with EPA standards of
approval. He has been non -compliant in numerous projects on property in question. A
gentleman from the Ada County Assessor office told me James Jewett would not return
calls to his office regarding issues on this property.
As the past nine (9) months unfolded it has become apparent there are few folks and
government agencies willing to hold him accountable.
Several neighbors are not here tonight and are not willing to be seen or have their names
exposed for fear of retaliation. Commissioners, this is a serious matter that can not be
taken lightly.
Applicant's request for a hearing continuance at the mercy of the neighbors and City is
another example of his MO. This applicant should not be catered to given all of his
defiant disregard for affected citizens.
This situation has not only caused us an added dimension in devaluing our home but has
caused us additional work and anxiety living with dirty windows and greatly increased
dust in our glass door display cabinets. It is not feasible to wash collector glass ware
more often as it increases the risk of breakage/damage to valuable vintage items. All
furniture and house hold items are dirty all the time. We also can not be afforded the
pleasure of upgrading or redecorating our seventeen (17) year old home since it would be
an out of pocket loss due to not knowing if or when the value of our home will return.
We had several years of hearings and anticipation of the Ten Mile Interchange project
which caused anxiety to the neighborhood but now this illegal operation that was snuck in
next door has added an additional year to our frustrations and devaluation of homes. We
have not been treated with respect and were not afforded the right to due process.
I trust you have taken into consideration my additional submitted testimony regarding
Sleep Deprivation.
You the unbiased City Council have the heavy responsibility to use sincere discernment
in making a final decision on this issue. You do not need to put your reputation on the
line and become an accessory after the fact. Annexing property in Code Violation will
not right a wrong and NO one will be better off.
I implore you to do the right thing by not delaying in denying this request.
Thank you for receiving my testimony and carefully considering all the facts.
Sincerely,
Joyce Baker
City of Meridian
Meridian City Hall
RE: Annexation and zoning AZ 08-016
Madam Mayor and City Council:
RECEIVED
MAR 3 12009
City Of Meridian
Citv Clerk Office
Thank you for taking time to consider my testimony. Nearly a year ago Knife River
Construction and landowner James Jewett were told Ada County would not allow them to
locate and operate a concrete batch plant on this parcel you are considering tonight. Without
permits they went ahead and did exactly that as well as using this property as a staging area for
stockpiling of materials. Ada County has miserably failed to enforce their own zoning
ordinances as well as noise and nuisance ordinances. Quite a number of neighbors have been
adversely affected by these operations at all hours of the day and night. Some of these neighbors
declined to offer testimony in this hearing for fear of retaliation.
When the environmental impact studies were done for the Ten Mile interchange project, one of
the considerations was the barn on the "Sleepy Hollow Farm". It was listed as a building of
historical interest in Ada County. As recently as December 17, 2008 we were told that it would
possibly be the location of a future "farmer's market". Now the structure has been destroyed
beyond restoration.
On Mr. Jewett's annexation application he correctly lists the current zoning as "RUT". He also
lists current land use as "vacant". While it is true that nobody lives on the property it is clearly
not vacant. This is the hub of the I84 widening project. Why would the City of Meridian even
consider accommodating a developer who flagrantly disregards zoning ordinances? Is the City
prepared to enforce their ordinances or do they look the other way like Ada County does? If Mr.
Jewett was prepared when he filed for annexation on Dec. 30 why did he have to request a
continuance? I submit to you that this annexation process is a means of buying time while the
unauthorized activities continue. It may be inevitable that this property will eventually become
part of the City but I urge you to do the right thing now and deny this request so that Ada County
Development Services can enforce their own Zoning ordinances. Thank you.
Sincerely,
Melvin Baker
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