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Home My WebLink AboutBristol Heights MI 02-006 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird LEGAL DEPARTMENT (208) 288-2499 · Fax 288-2501 PARKS & RECREATION (208 888-3579 · Fax 898-5501 PUBLIC WORKS (208) 898-5500 .Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 · Fax 887-1297 PLANNING AND ZONING (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 Planning and Zoning Commission, please submit your comments and recommendations to Meddian City Clerk's Office Attn: Will Berg, City Clerk, by: August 12, 2002 Transmittal Date: July 26, 2002 Hearing Date: August 15, 2002 File No.: MI 02-006 Request: Request for change of Area of Impact for Bristol Heights 21 property By: Capital Development Location of Property or Project: slo Chinden Boulevard, wlo Shandee Drive David Zaremba, P/Z (No VAR, VAC, FP) Jemj Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Keven Shreeve, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department AZ-27 FP-24 PP/PFP-27 VN~JVAC- 20 CUP-26 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPonly) U.S. West (FP/PP only) Intermountain Gas (FP/PPon¥) Bureau of Reclamation (FP/PP on¥) Idaho Transportation Department (NoFP) Ada County (AZon¥) 33 EAST IDAHO · MERIDIAN, IDAHO 83642 (208) 888-4433 · Fax (208) 887-4813 · City Clerk Office Fax (208) 888-4218 · Human Resources Fax (208) 884-8723 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888,6854 Fax MISCELLANEOUS APPLICATION PHONE: 7?- OWNER: 7'~a//7 0/'/ ADDRESS: ~:~ ~ ~) GENERAL LOCATION: ~O~'/L~ O~ LEGAL DESCRIPTION OF PROPERTY: acts-/ /Zo t/- rvae PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing streets, easemems, and such other items as the City may require (35 copies). SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses (from authentic tax records of Ada County) within, comiguous to, directly across the street from, and within a 300' radius of the property must be attached (if applicable). Fee: $225.00 I hereby certify that the information contained here~i'sxtrue and correct. I also certify that I will post the property one (1) week before each public ~arir~g. SIGNATURE: ,~/ Rev. 2/1/02 67-6526. Areas of city impact -- Negotiation procedure. -- (a) The governing board of each county and each city therein shall adopt by ordinance following the notice and hearing procedures provided in section °67-6509, Idaho Code, a map identifying an area of city impact within the unincorporated area of the county. A separate ordinance providing for application of plans and ordinances for the area of city impact shall be adopted. Subject to the provisions of section 50-222, Idaho Code, an area of city impact must be established before a city may annex adjacent territory. This separate ordinance shall provide for one (1) of the following: (1) Application of the city plan and ordinances adopted under this chapter to the area of city impact; or (2) Application of the county plan and ordinances adopted under this chapter to the area of city impact; or (3) Application ofany mutually agreed upon plan a_nd ordinances adopted under this chapter to the area of city impact. Areas of city impact, together with plan and ordinance requirements, may i 1 LIfLII~F proceeaJ ers, and the de~ clerk of the boar the election, cer original abstrac' cities. (d) Areas of c fixed until both and county cant apply. Renegoti. request by the ~ negotiation prox (e) Prior to n[ ordinance requiJ the planning, zo tion. Each comn board to make i (f) This sectic 204 ting eminent domain i~e constitution of the 'ion" for a perceived 'ific zoning action or Iopment is actually a ssary to complete the ,r necessary for other · ther the claim comes he constitution of the these circumstances, ~ u bsection (1) of this , verse condemnation ,'ide "just compensa- te constitution of the § 67-6521, as added i3, p. 587; am. 1996, raised no other is- . sufficiency of the ~',r appeal to the board ,, filed with the district · ' filed. Enright v. Blaine .8, 903 P. 2d 87 (1995). ;, pprova] of preliminary ,ot final approval for the :bdivision, which would :~e final application and plication, it was not a ,as subject to judicial ity of Eagle, 130 Idaho ~97). cedure. ~ (a) The in shall adopt by ~rovided in section impact within the ncc providing for y impact shall be .o Code, an area of ~,djacent territory. i,llowing: ~pted under this !opted under this adopted ,'quirements, may 205 LOCAL LAND USE PLAN,~ING 67-6526 cross county boundaries by agreement of the city and county concerned if the city is within three (3) miles of the adjoining county. (b) If the requirements of section 67-6526(a), Idaho Code, are not met by January 1, 2000, the county commissioners for the county concerned, together with three (3) elected city officials designated by the mayor of the city and confirmed by the council, shall, within thirty (30) days after the city officials have been confirmed by the council, select three (3) city or county residents. These nine (9) persons shall, by majority vote, recommend to the city and county governing boards an area of city impact together with plan and ordinance requirements. The recommendations shall be submitted to the governing boards within one hundred eighty (180) days after the selection of the three (3) at-large members and shall be acted upon by the governing boards within sixty (60) days of receipt. If the city or county fails to enact ordinances providing for an area of city impact, plan, and ordinance requirements, either the city or county may seek a declaratory judgment from the district court identifying the area of city impact, and plan and ordinance requirements. In defining an area of city impact, the following factors shall be considered: (1) trade area; (2) geographic factors; and (3) areas that can reasonably be expected to be annexed to the city in the future. (c) If areas of city impact overlap, the cities involved shall negotiate boundary adjustments to be recommended to the respective city councils. If the cities cannot reach agreement, the board of county commissioners shall, upon a request from either city, within thirty (30) days, recommend adjustments to the areas of city impact which shall be adopted by ordinance by the cities following the notice and hearing procedures provided in section 67-6509, Idaho Code. If any city objects to the recommendation of the board of county commissioners, the county shall conduct an election, subject to the provisions of section 34-106, Idaho Code, and establish polling places for the purpose of submitting to the qualified electors residing in the overlapping impact area, the question of which area of city impact the electors wish to reside. The results of the election shall be conclusive and binding, and no further proceedings shall be entertained by the board of county commission- ers, and the decision shall not be appealable by either city involved. The clerk of the board of county commissioners shall by abstract of the results of the election, certify that fact, record the same and transmit copies of the original abstract of the result of the election to the clerk of the involved cities. (d) Areas of city impact, plan, and ordinance requirements shall remain fixed until both governing boards agree to renegotiate. In the event the city and county cannot agree, the judicial review process of subsection (b) shall apply. Renegotiations shall begin within thirty (30) days after written request by the city or county and shall follow the procedures for original negotiation provided in this section. (e) Prior to negotiation or renegotiation of areas of city impact, plan, and ordinance requirements, the governing boards shall submit the questions to the planning, zoning, or planning and zoning commission for recommenda- tion. Each commission shall have a reasonable time fixed by the governing board to make its recommendations to the governing board. (f) This section shall not preclude growth and development in areas of 6%6527 STATE GOVEP~'MENT AND STATE AFFAIRS 206 any county within the state of Idaho which are not within the areas of city impact provided for herein. (gl If the area &impact has been delimited pursuant to the provisions of subsection (al (1) of this section, persons living within the delimited area of impact shall be entitled to representation on the planning, zoning, or the planning and zoning commission of the city of impact. Such representation shall as nearly as possible reflect the proportion of population living within the city as opposed to the population living within the areas of impact for that city. To achieve such proportional representation, membership of the planning, zoning or planning and zoning commission, may exceed twelve (12) persons, notwithstanding the provisions of subsection (al of section 67-6504, Idaho Code. In instances where a city has combined either or both of its planning and zoning functions with the county, representation on the resulting joint planning, zoning or planning and zoning commission shall as nearly as possible reflect the proportion of population living within the impacted city, the area of city impact outside the city, and the remaining unincorporated area of the county. Membership on such a joint planning, zoning or planning and zoning commission may exceed twelve (12) persons, not~4thstanding the provisions of subsection (al of section 67-6504, Idaho Code. [I.C., § 67-6526, as added by 1975, ch. 188, § 2, p. 515; am. 1977, ch. 155,§ 1, p. 396;1979, ch. 87,§ 1, p. 212;am. 1993, ch. 55,§ 1, p. 150; am. 1995, ch. 118, § 97, p. 417; am. 1996, ch. 116, § 2, p. 427; am. 1999, ch. 251, § 1, p. 650.1 Compiler's notes. Section 1 of S.L. 1996, Section 3 of S.L. 1996, ch. 116 declared an ch. 116 is compiled as § 50-222. emergency. Approved March 6, 1996. 67-6527. Violations -- Criminal penalties -- Enforcement. -- A governing board re'ay provide by ordinance for the enforcement of this chapter or any ordinance or regulation made pursuant to this chapter. A violation of any such ordinance or regulation may be declared a misde- meanor and the governing board may provide by ordinance for punishment thereof by fine or imprisonment or by both. Local ordinances adopted pursuant to authority granted by this chapter may be enforced by the imposition of infraction penalties. Except that where property has been made nonconforming by the exercise of eminent domain it shall not be a violation and no penalty, either civil or criminal, shall result. In addition, whenever it appears to a governing board that any person has engaged or is about to engage in any act or practice violating any provision of this chapter or an ordinance or regulation enacted pursuant to this chapter, the govern- ing board may institute a civil action in the district court to enforce compliance with this chapter or any ordinance or regulation enacted hereunder. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or ordinance or regulation enacted hereunder, a permanent or temporary injunction, re- straining order, or such other relief as the court deems appropriate shall be granted. The governing board shall not be required to furnish bond. [I.C., § 67-6527, as added by 1975, ch. 188, § 2, p. 515; am. 1999, ch. 396, § 15, [z 1099.] t 207 Compiler's notes. S.L. 1999, ch. 396. a~ 6520 and 67-6534, real 67-6534. Adol' shall, by ordinanc, hearings. At a mi: tunity for all 6534, as added by 10993 Compiler's notes. ch. 396, is compiled a. 67-6535. App, standards and ! application prox4d criteria which sba or other appropri: (b) The approw shall be in writin~ the criteria and st. facts relied upon, applicable prox4si statutory provisit marion contained (c) It is the int~ chapter should b( recognized princi i state are directed adequacy of proc~ erations with an reasoned decision onstrates actual possibility thereo {I.C., § 67-6535,: § 17, p. 1099.] Cited in: Castaned Idaho 923, 950 P. 2d ] 67-6536. Tra~: an appeal is prov shall be made an final decision on which a transcrib public hearings applicant or affe{ CAPITAL DEVELOPMENT, Inc. July 23, 2002 Meridian City Planing and Zoning Commissioners Chairman Keith Borup 660 Watertower Lane Meridian, Idaho 83642 Re: Area of Impact revision request by Ramon Yorgason Dear Commissioners: The enclosed .miScellaneous application is for an Area of Impact revision. Boise Mayor and Council, Meridian Mayor and Council and Ada County are all wOrking to get this completed. A member of Meridian City staff feel this application is necessary to complete the process ! I have enclosed a site map, Warranty Deed, copy of tax notice with name and address, letter from the City of Meridian and Preliminary Plat description. Please call if you. have any questions and thank you for your help. Enclosure 6200 North Meeker Place Boise, Idaho 83713 Office: (208) 377-3939 Fax: (208) 375-3271 SITE MAP RUT '' %''~: -- 4Nl1__ ~ \ LEG E N D Ada County Development Services N zoning 650 Main Street Boise, Idaho 80702 Incorporated Areas 208-364-2277 Water Th~S map ~s macle from ~ta cof:~yngnte~[ by Acta Counb/. AOa snail not be I~lDle thr inaccuracies or Count~ -:' misuse of th~s mai:). Maps beanng this ct~sclmmer may be p~otocopied freely. However. use in ally ctlg~131 torn1 requires the written l:erm~ss~On of AOa Count7 ~ I:ORM FUP. NISH£D COURTLY OF: ALLIANCE TITLE & ESCROW CORP. APPROVHD {2400} // Order No.: 01092992 LWF/RB WARRANTY DEED FOR. VALUE P.~CEIV]ED BILL'rE j. ROBISON AND SHERILYN L. ROBISON, husband and wife GRA/qTOR(S), does(do) h~reby GRANT, BARGA/~I, SELL and CONVEY Unto J. RAMON YORGASON AND MARILYN YORGASON, husband and wife GtLa, NTEE(S), whose current address is: the f'ollowing described reel properly in de.scribed a~ f'ollows, to wit: 2304 N. COLE, ADA SUITE A, BOISE, ID 83704 County, Stat= of Idaho, more particularly The Ease 330.18 feet of =he Northeast Quarter of the Northwes= Quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada Coun=y, Idaho. TO HAVE A~ND TO HOLD the said pr=raises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant ~o and with the said Grantee(s), ~hat Grantor(s) is/are the owner(s) in fee simple of laid premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); md subject to resin-va=ions, restrictions, dedications, easements, rights of way and agr~ments, (if any) of record, and general rexes and ~sessments, (including irrigation and utility ~sessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all law~l claims whatsoever. Dated: July 02, 200! BILL."~ J. f~OBI~-ON ROBISON STAT]~ OF IDAXO ) COUNTY OF ADA ) On this 2nd day of July , in the year of Public in and for said Sat=, personally app(mred BILLIE J. ROBISON 2001 , before mc, thc undersigned, a Notary ROBISON AND SHERTLY'R' 5. known or identified to me ~fl,~r,,$.erson(s) whose name(s) is/are subscribed to the within instrument, and acknowiextged ~o me that hz~!~J~iilg0y~;l~jl, ted the same .,'~" ~ ~/^", ' --.< ...... , ,,, l, mir t. ommlsslOtl ~xo r~: o~/1o/06 Sep,20, 2001 9'31AM ENGINEERING NW Engineering North West, LLC 10221 West Emerald, Suite 140 Boise, Idaho 83704 No.2648 P, 2/2 (208) 376-5000 · Fax (208) 376-5556 Project No. 00-018-01 Date: 08-18-2000 BRISTOL HEIGHTS 21 PRELIMINARY PLAT DESCRIPTION A parcel of land lying in the NE 1/4 of the NW 1/4 of section 29, T.4N., R.1E.,B.M., Ada County, Idaho, more particularly described as follows: Commencing atthe section comer common to sections 19, 20, 29 and 30 of said TAN., R. 1 E., Thence South 89°26'27" East on the section line common to said sections 20 and 29, 2653.24 feet to the 1/4 comer common to said sections 20 and 29; Thence South 0°3 l'28"West along the North-South mid section line of said section 29, 40.00 feet to a point on the southerly Right-of-Way line of Chinden Boulevard (U.S. Highway 20-26), said point being the REAL POINT OF BEGINNING; Thence continuing along said mid sectiOn line and along the westerly boundary line of Bristol Heights No. 17 Subdivision, as same is shown on the plat thereof recorded in Book 79 of Plats at Page 8378 of Ada County Records, South 0°31 '28" West, 1280.93 feet to the center-noah 1/I 6t~ comer of said section 29, said point also being the northeast comer of Dunwoody Subdivision, as same is shown on the Plat thereof recorded in Book 58 of Plats at Page 5482 of Ada County records; ThenCe along the East-West 1/16t~ line and the northerly boundary line of said Dunwoody SubdiVision, North 89036'03" West, 329.59 feet; Thence North 0°29'57"East, 1281.85 feet, a portion of this line being on the easterly boundary line of Fuller Ranchettes Subdivision as same is shown on the plat thereof recorded in Book 18 of Plats at Page 1179 of Ada County Records, to a point on the southerly Right-of-Way line of said Chinden Boulevard; Thence along said southerly Right-of-Way line South 89°26'27"East, 330.16 feet to the real point of beginning. Containing 9.70 acres more or less. PREPARED BY: Engineerinu NorthWest, LLC James R. Washburn, PLS BRISTOL HEIGHTS 21 DESCRIPTION.doe Page 1 of I Meridian City Council Workshop August 14, 2001 Page 63 shooting from the hip that there'd be double signs. But I think whatever we want them to do they'll do it. Bird: Council and Mayor, with your permission, Mr. Yorgenson had requested to talk to us and we are running a little late. With your permission I would certainly allow him to come up here and talk to us about some land that he wanted to trade. Anybody have any objections or something? De Weerd: No. Bird: Do you want to come up Mr. Yorgenson? De Weerd: I knew he was here for a reason. Not just being a pain. Bird: Not to answer our questions. Corde: He's got a subdivision he's got to talk to us about. Yorgenson: President, Mayor and members of the Council. I really didn't have anything to do tonight. Corde: Raise your dght hand. Yorgenson: Now I can swear to tell the truth. We have a project we've been working on for about a year. Its right at the northeastern corner of the Meridian's impact area, lies right next to Boise City, dght next to the Bristol Heights Subdivision which is one of the projects that we did on the corner of Eagle and Chinden. It's a 10-acre parcel that lies between the Bdstol Heights Subdivision and another subdivision that's already been developed, of larger lots that's in the county. We would like to have that area go into and be serviced by the City of Boise. One of the reasons that we feel its different and that makes it reasonable to do that is the difficulty in being able to sewer it and provide service by Meridian. Not just because its not there but because of the topography of the ground. There are future sewer lines that will be out in that area that will be serviced by Meridian in maybe 5 years maybe 10 years. We don't know. But that's no reason to take it out of an impact area. The fact that when the sewer lines go in there will be such a grade that this particular parcel that sits down in a hole can not be serviced without having a lift station for that parcel of ground. Boise has a lift station right on the corner which we installed when we did Bristol Heights. The (inaudible) the lift station and the sewer lined in Boise are Iow enough that it can drain into Boise's. Is it at the very northern and eastern boundary. It's in the corner. We don't know how long it will be before your sewer lines are out there but they cant sewer it unless it's filled to about that high in some areas. Some of it 4 feet, some of it 3 feet of fill for the entire project which we don't do. We would like to ask your consideration. We've been working with the county. Ada County has made application at some time the past on this Meridian City Council Workshop August 14, 2001 Page 64 particular parcel but we didn't .have the particulars on the sewer. So, we said until we get the information we don't want to proceed. At the direction of your engineering department we had our engineer do a feasibility as to what it would take to sewer into Meridian's sewer lines once they were built. He did the topography work and the elevation work. That is what they came up with. They presented that to your engineer and he reviewed and the two of them agreed that it was a proper feasibility study or unfeasibility study. I've talked with Boise, they do not want to make an application that will be returned to them, or not returned to them or be serviced by them because they don't want to be perceived as out grabbing ground into Boise. I think that's appropriate, they should not. Its one of these darn developers that's wanting to do that. Yes, our Bristol Heights has been very successful. That's not the only reason for it. We have been working on this parcel for about, almost three years now and the people that we had it under option for finally said okay here's your deadline. Stand up and start swinging or good-bye. So, we've gone ahead and purchased the property based on the information that we had from our engineer and from Meridian's engineer. That is the purpose of our being here tonight. We do not think it will set a precedent because I believe that virtually all of the area that you have in your impact area can be serviced eventually as the sewer lines are put in. We have other projects along your white trunk that we're very anxious to have it go in so we can put that project. We understand that we have to wait for that and that's just something that we do. Once its there we can use your sewer lines but this one we will not be able to. That's the purpose of my being here and I'd be glad to answer any questions you may have in regards to that project. Bird: Mr. Yorgenson. This is the Jarvis property that faces up to the - Yorgenson: It's just next to Jarvis'. It's not Jarvis'. Bird: It faces right up to Chinden? Yorgenson: That's correct. Bird: How many feet down does it go? Yorgenson: Its about, it goes the same distance, lets see it's the same distance as the subdivision that's just to the west of it. The back of our project is the same as the one just to the west. We do have the street stubbed to it. I do not believe we would stub out onto Chinden. I would prefer not to and I believe ACriD would not want us to. We have provided the means for it to stub into Bristol Heights and the sewer stub to it and the water stub to it. Bird: That's just what I was just going to ask you. You're not bringing water across Chinden? Yorgenson: No. All the facilities are there. Meridian City Coun~l Workshop August 14, 2001 Page 65 Bird: It's coming through Bristol Heights, coming in, and you'll use that lift station they've got there? Yorgenson: That's correct. The lift station is about 8 feet away and its about 15 feet in the ground. It'll take care of it. Bird: Then, Gary, I've got a question for you. I think, you know I've discussed this before but that piece is practically impossible for us to sewer even off the north channel isn't it? The north trunk. The piece of property he's talking to, we've discussed this before unless he does bring it up to grade so it will naturally flow. Smith: That's correct. Brad has worked with Gene Smith, Ramon's engineer. As Ramon said Gene went out and did a lot of survey work because we didn't have any good elevations out there to look at. Then Brad and Gene chased the elevation of pipe extending the sewer line from the north slough trunk in a couple different alignments and found out that the site did need to be filled significantly in order for it to be sewered by gravity into the City of Meridian's trunk system. That filling. It not only impacts the cost of development of this piece if property but it also impacts the adjacent land because the adjacent land on both sides of it to the east and the west is developed. On the east it's the smaller urban residential lots and on the west it's the larger one-acre lots or so. It would impact the elevations along there if this site was filled for sewering. The other thing that I guess brad and I met with Mayor Corde on Monday to discuss this. There's development all around it that exists. To the south is a, I cant recall what they call the terminology where they have land set aside that cannot be developed for a certain number of years after the subdivision is platted. Its set aside ground for open space. Its called Dunwoody Subdivision. So, there's open space down there that's restricted from development. There's a large lot subdivision on the west that's already developed. There's urban residential lots on the east that are developed. On the north is Chinden Boulevard. South of Dunwoody is Vienna Woods which is developing as you know. South of Vienna Woods is Edinburgh subdivision. Then there's McMillan. SO, that whole half of section is either developed or developing except - ***End Of Side Four*** Anderson: --some of the similar cases. I guess I would like to see before I make my decision a map showing all those other ones that developed because I'm concerned about opening the floodgates. If you say well this guy can go then you get 15 other applications that say well we'd sure like to go over to Boise too and they can accommodate us. I don't want to open the floodgates. Smith: Right. Meridian City Council Workshop August 14, 2001 Page 66 Yorgenson: Mr. President. It seems to me like one of the things that I have to be concerned about because I'm going to be back here to see you folks again sometime, and that is that we cant set a precedent. Maybe that what you're referring too, that someone else. There has to be good reason that we're going to do something here that we cant just say well me too. Because I play that game too. If I see something that looks like it has all the same criteria I say hey. I believe this one is extremely unusual. Boise City is very anxious but they're not going to go out and ask you for it. I'm the one that has to be the one that's before you. I didn't know if I was going to make a presentation. I've talked to the Mayor several times and he's been very understanding in saying we'll see what we can do and run it up the flagpole. Everyone we've talked to once we get an understanding seems to come up with the same consensus so we appreciate your listening to us this evening. Anderson: You're right. The development community, I mean if they can find anything that's similar to theirs even if it's in the same hemisphere then you know I need the same favor. Yorgenson: It has to be something unusual that the others don't have. This one is a unique piece. That's the reason we went ahead and purchased it. I started to tell you that he gave us a drop dead date and so based on all the information we had we've gone ahead and purchased the property based on what information that we had and we hope that that was not a bad decision. Bird: You know, we could trade. Boise City offered Winston's Corner there. What was that? 12 acres that is sewerable. Right, Gary? Corrie: Yes it is. Bird; It is. This is not. That's the one thing the other developers have got to realize is this without being greatly altered in elevation this is not sewerable by any Meridian trunk. Am I not right? (Inaudible discussion amongst Council members) Bird: By gravity. I mean without puffing a lift station in. (Inaudible discussion amongst Council members) ;> ird: That's something that we can definitely look into but we can't act °n it3 night. ~orgenson: I understand that. The County is going to have a meeting next week.' All they ask if we had a discussion on it of this issue if we could write a letter saying yes we're looking at it. We will continue to look at it to see if it meets our criteria. Not make a commitment but so they know that we're looking at it Meridian City Council Workshop August 14, 2001 Page 67 ~because it's actually been before the county which they brought to you. The~'~ don't want to deny it. I mean, they've been very good. They just want to have something happen and see that it's moving forward. If they could have a letter that just says its being looked at and that we need some more information whether it be a map or whatever you would like to see. We'd be more than happy to provide that of course. ~' Bird: Let me ask you a question. You said you're going to the county. Are you going to annex into Boise? Yorgenson: It would be annexed into Boise. It would bypass the county. The county wants us to annex to Boise. Bird: Okay. Yorgenson: But we made application to county when nothing was happening in the city so we made application to the county because the city couldn't act on it at the time. Then we realized it can't be sewered anyway. The county says you need to take it into Boise if Meddian can't provide services then you need to take it. You know we do fill. We have a Quail Ridge project we put lots fill in. It costs about $50,000 a lot to fill in Quail Ridge. Lots sell for a little bit more than what these lots will sell for. Fill dirt gets very expensive in a hurry. We know about filling lots. Corde: Mr. President. Bird: Yes, Mr. Mayor. Corde: I think engineering wise that's the way to go. I would like to talk with Boise and the county this week and make sure we don't have any political ramifications. We can talk to them about the other 12 at that time. I don't think there's going to be. We've got to plaY this pretty close to the chest because of what Ron has said and I talked to you about that before. Yorgenson: I would want you to. Corrie: I think we can do that this week and get most of that done. I've already talked to Brett about it. He hasn't got any objections. I don't think Kingsford (inaudible). Yorgenson: I mentioned briefly Rodger. I have not talked to Kingsford but I've ~ ~alked to Rodger about it. Corrie: Roger's the only one I hadn't talk to. But he's on the list tomorrow. Bird: Okay. Take care of it. Thanks Ramon. ROBERT D. CORRIE Mayor HUB OF TREASURE VALLEY A Good Place to Live City of Meridian OFFICE OF Title MAYOR September 27, 2001 (via facsimile 364-2331 ) 33 East Idaho Meridian. Idaho 83642 Phone (208) 888-4433 FAX (208) 88%4813 Board of Ada County Commissioners Chairman Roger D. Simmons Honorable Sharon M. Ullman Honorable Grant P. Irdngsford 650 Main Street Boise, Idaho 83702 RE: Area of Impact revision request by Ramon Yorgason Dear Commissioners Simmons, Ullman and Kingsford: The City of Meridian received a request from Ramon Yorgason on behalf of Capital Development for the City of Meridian to allow a parcel to be removed from the Meridian Area of Impact, and subsequent inclusion in the Boise City Area of Impact. The reason for this request is that this particular property is immediately west of the existing Bristol Heights Subdivision, which is in the City of Boise, and this particular property will not gravity flow to the Meridian Waste Water Treatment Plant without substantial tgi, or an expensive lift station for a parcel this size. The Meridian City Council has approved removal of this area from Meridian's area of impact, and will allow this parcel to be included in the Boise City Area of Impact. However, the Council wants it to be a matter of record that this removal is unique to this particular parcel, and that the adjacent property is of sufficient elevation that it will eventually gravity sewer flow into the proposed North Slough Sewer Trunk Line. The accommodation made for Capital Development is being made because of its unique topography and relatively small size. ./ The parcel, which the City is willing to allow to be removed from its Area of Impact, is described on the attached legal description known as Bristol Heights 2 I. Please let us know if you or Ada County Development Services ,vill need any further information from the City of Meridian regarding this matter. Cc: Ramon Yorgason Mayor Robert D. Corrie Z:\WorkLMLMeridian~eridian 15360MX~ayor and Council~AdaCtyCommisYorgasonLtr~doc · .0 · ~-e · e ~e ~ · j_ · · . · · BRISTOL HEIGHTS PROPERTY OWNERS WITHIN 300' DITZ WILLIAM E & DITZ LESLIE L 673 W FORDHAM DR EAGLE ID 83616-6422 WEISS `TEFFREY L 967 W HEMPSTEAD DR EAGLE ID 83616-6438 DEMISE `TACKIE Y TRUSTEE 9004 COVERED WAGON AVE LAS VEGAS NV 89117-7010 855 W HEMPSTEAD DR QUISENBERRY ANNE G TRUSTEE 9004 COVERb WAGON AVE LAS VEGAS NV 89117-7010 911 W HEMPSTEAD DR FESLER CURTIS b & FESLER DOROTHY R 810 W STAFFORD bR EAGLE ID 83616-6429 HOFF CO INC 280 E CORPORATE DR 5TE 200 MERIDIAN ID 83642-2953 W STAFFORD DR BRISTOL HEIGHT5 NEIGHBORHOOD AS5OC INC PO BOX 140273 BOISE ID 83714-0000 W CHINDEN BLVD KELLER LANCE 1477 LObER PL MERIDIAN ID 83642-6627 6360 N 5HANbEE bR NEWBERN WILLIAM F `TR & NEWBERN ROBERTA 2251 E CHINbEN BLVb MERIDIAN ID 83642-5249 STORK5 BRETT STORK5 NANCY 2425 E CHINDEN 8LVb MERIDIAN ID 83642-0000 ,TACO[; FREbRIC ,TACOB DENISE 6359 N HEATHROW CRT BOISE ID 83713-0000 ECHEVARR'rA `TAME5 NICHOLAS ECHEVARRIA ANNETTE C 6371 N HEATHROW CRT BOISE Ib 83713-0000 5IMNITT RICHARD D JR 5IMNITT HEATHER 6345 N HEATHROW CRT BOISE ID 83713-0000 WOODS]:bE HOME5 :]:NC 2599 LANSING LN MIDbLETON ID 83644-0000 6337 N HEATHROW CRT FOSTER GRACE FOSTER WALLACE H 6320 N 5HANDEE bR MERIDIAN ID 83642-5224 N 5HANDEE DR 8RISCOE M bANN BRISCOE MELI55A L 6373 N HEATHROW CRT BOISE ID 83713-0000 GIGUIERE HUGH P GIGUZERE GAIL C 25999 LAN5ING LN MIDDLETON ID 83644-0000 6333 N HEATHROW CRT FO5TER GRACE FOSTER WALLACE A 6320 N 5HANDEE DR MERIDIAN ID 83642-5224 WOODS!bE HOME5 INC 2599 LANSING LN MIDDLETON ID 83644-0000 632! N HEATHROW CRT BAKER KENNETH JAME5 BAKER ANDREA L 6372 N HEATHROW CRT BOISE ID 83704-0000 INWARD5 ROGER L INWARD5 TARA N 6299 N HEATHROW CRT BOISE ID 837!3-0000 DEXTER DAVID R DEXTER AMANDA L 6320 N HEATHROW CRT BOI5E ID 83713-0000 TORRES RANDY TORRES MARIA A 6356 N HEATHROW CRT BOISE Zb 83713-0000 5TIGILE JOHN E & K 5TIGILE K ORVENE 6294 5HANDEE DR MERIDIAN ID 83642-5224 BAUGHMAN DAMON M BAUGHMAN NICOLE A 6368 N HEATHROW CRT BOT.5E ID 837!3-0000 WOOD LEI LONNIE M 6275 N HEATHROW CRT BOISE ID 83713-0970 FUNG CLEMENCIA 14542 W 5TOCKWELL ST BOISE ID 83713-0000 5IRIANNI LISA 14500 W 5TOCKWELL 5T BOISE ID 83713-0000 HENNIG ,T ASON A 14478 W 5TOCKWELL 5T BOISE ID 83713-0000 RI55ELL MATTHEW B 6267 N HEATHROW BOISE ID 83713-0970 6257 N HEATHROW CRT bEAKIN5 BRENT bEAKIN5 NICHOLE 6270 N 5HANbEE DR MERIDIAN ID 83642-0000 LEE GEORGIA G 6241 N HEATHROW WAY BOISE ID 83713-0000 HARPHAM 5AMUEL E & HARPHAM LOIS B 6230 5HANDEE DR MERIDIAN ID 83642-5224 MEI55NER RICHARD MEI55NER CHERYL 6223 N HEATHROW WAY BOISE ID 837!3-0000 BOERNER MICHAEL A BOERNER NATALIE J 14541 W 5TOCKWELL 5T BOISE Ib 837!3-0000 5A6ET EDOUARb L 14501 W 5TOCKWELL 5T BOISE ID 83713-0000 FARRO 5TEVEN R FARRO LISA M 14477 W 5TOCKWELL 5T BOISE ID 83713-0000 YORGASON J RAMON YORGASON MARILYN 6200 N MEEKER PL BOISE ID 83713-0000 2375 E CHINDEN BLVD BLONSHINE 5HEENA K 6205 N HEATHROW WAY BOISE ID 83713-0000 HENDRIKSE FAMILY TRUST 6190 5HANDEE DR MERIDIAN ID 83642-5283 bAY JEFFREY C bAY LEXIE A 6178 N HEATHROW WAY BOISE ID 83713-0000 BRISTOL HEIGHT5 NEIGHBORHOOD A55OC INC PO BOX 140273 BOISE ID 83714-0000 W BATTENBERG DR BURT JASON 5 6169 N QUEENSBURY PL BOISE ID 83713-0000 BRAMBLE DENNIS BRAMBLE DIANE 6169 N HEATHROW WAY BOISE ID 83713-0000 CALLAHAM RICHARD CRAIG 6170 5HANDEE DR MERIDIAN ID 83642-5283 SCHILLER CORY J 5CHILLER DEBORAH A 6154 N HEATHROW WAY BOISE Ib 83713-0000 COOK JOHN R COOK CINDY R 6145 N HEATHROW WAY BOISE ID 83713-0000 BOYb JENNIFER L 6145 N QUEENSBURY PL BOISE ID 83713-0000 5HANNON DERRICK A & SHANNON JUDITH A 6150 N 5HANbEE DR MERIDIAN ID 83642-5283 PRINCE PATRICK ALLAN PRINCE BETHANY ANNE 6120 N HEATHROW WAY BOISE ID 83713-0000 WALLER MICHAEL 6123 N QUEENSBURY PL BOISE ID 83713-0000 HERMAN WILLIAM B HERMAN CAROLYN A 6117 N HEATHROW WAY BOISE ID 83713-0000 bAY TIMOTHY W bAY KRISTY J 6102 N HEATHROW WAY BOISE ID 83713-0000 OTTO ROGER b & OTTO DOLORES 6110 5HANDEE bR MERIDIAN ID 83642-5283 THOMPSON STUART A 6097 N QUEENSBURY BOISE Ib 83713-0000 5CORE5BY KIRK 5CORESBY LESLIE 6099 N HEATHROW WAY BOISE ID 83713-0000 KEATING JOHN D KEAT~NG P A TRICIA M 6076 N HEATHROW WAY BOISE ID 83713-00006076 N HEATHROW WAY STOKE5 DONNA 5TOKE5 TIMOTHY L 6073 N HEATHROW WAY BOISE ID 83713-0000 WELL5 FARGO BANK NORTHWEST NA PO BOX 7069 BOISE ID 83730-9988 6081 N QUEENSBURY PL OTTO ROGER b & OTTO DOLORES 6110 5HANbEE bR MERIDIAN II) 83642-5283 6080 N 5HANDEE DR MARI RICHARD M MARI 3ACQUELINE 3 6051 N HEATHROW WAY BOISE ID 83713-0000 COLTRIN FAMILY TRUST COLTRIN T E & G L TRUSTEE5 6020 5HANDEE DR MERIDIAN ID 83642-5222 6040 N 5HANDEE DR WAGGONER DAWN 5TARRY 6032 N HEATHROW WAY BOISE Ib 83713-0000 EBERHARDT GREG 5 EBERHARDT TRACY C 6035 N HEATHROW WAY BOISE ID 83713-0000 DAVIES ~EFFREY B bAVIE5 LYNN M 14495 W BATTENBERG bR BOISE ID 83713-0000 BRISTOL HEIGHT5 NEIGHBORHOOD A550C INC PO BOX 140273 BOISE II) 83714-0000 W BATTENBERG DR 0 W KENSINGTON CRT LEHAN ~ERRY N III LEHAN KELLY A 6013 N HEATHROW WAY BOISE ID 83713-0000 LANCASTER KELLAND N LANCASTER REBA 3 6014 N HEATHROW WAY BOISE ID 83702-0000 COLTRIN FAMILY TRUST COLTRIN T E & G L TRUSTEE5 6020 5HANbEE DR MERIDIAN ID 83642-5222 LITTLE DARYL N LITTLE ANDREA K 14498 W GUINNE55 DR BOISE ID 83713-0000 TAYLOR ,TASON G TAYLOR LISA M 5997 N HEATHROW WAY BOISE ID 83713-0000 MITCHELL HANS A MITCHELL BERTHA A 5998 N HEATHROW WAY BOISE ID 83713-0000 MANSKER WILLIAM K JR MANSKER ALIX b 5979 N HEATHROW WAY BOISE ID 83713-0000 MECK HEATHER E MECK JASON M 5955 N HEATHROW WAY BOISE ID 83713-0000 EDGIN WILLIAM A EDGIN ANGELA M 14525 W GUINNE55 DR BO'r'SE ID 83713-0000 THORNTON T J THORNTON JULIE R 14560 W KENSINGTON CRT BOISE ID 83713-0000 WADE KEVIN 5 WADE PAMELA A 14563 W KENSINGTON CRT BOISE ID 83713-0000 DEAN DAVID J & DEAN LUANE 1746 E DUNWOOD¥ CT MERIDIAN ID 83642-5;:)34 E DUNWOOD¥ CRT 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 Meridian Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on August 15, 2002, for the purpose of reviewing and considering the application of Capital Development for amending the Area of Impact for property generally located in the southeast corner of Chinden Boulevard and North Locust Grove Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. 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. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED 23r~ of July, 2002 WILLIAM G. BERG,JR., RK PUBLISH 30th of July and 9th of August, 2002 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meddian and the Laws of the State of Idaho, that the City Council of the City of Meddian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 6:36 p.m. on August 26, 2062, for the purpose of reviewing and considering the application of Capital Development for amending the Area of Impact for property generally located in the southeast corner of Chinden Boulevard and North Locust Grove Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. 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. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above headng date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED this 23rd day of July, 2002 WILLIAM K G. BERG, JR., PUBLISH 2nd and 16th of August, 2002. FILE No.142 07/25 '02 16:33 ID:SPINK BUTLER CLAPP, LLP FAX:208 388 1001 PAGE 1/ 2 Spink Butler Clapp, LLP 2SI L Front Street, Suite 200 P.O. Box Boise, Idaho 83701 (208) 3se-lo00 (208) 388-1001 (facsimile) RECEIVED ":~ 2 5 2002 CITY OF MERIDIAN Fax Cover Sheet Date: July 25, 2002 Total Pages Sent: 2 TO: Name: Organization: Fax Number: Voice Number: Shari~iles Mefldian P&Z 888-6854 884-5533 CC: Name: Organization: Fax: Phone: CC: Organization: Fax Number: Voice Number: CC: Organization: Fax Number: Voice Number: Bill Nichols White Pete~on 288-1193 288-2499 WillBerg City of Meriden 888-4218 888-4433 CC: Organization: Fax Number: Voice Number: From: Direct cllol: Direct e-mail: Subject: File No.: Kelly Gorrity (208) 388-0230 kgorritv@sbc-ottornevs,com Bristol Heights 21205.15 Comments: Please see the attached letter to Shaft Stiles, RamonYorgason Capital Development 375-3271 377-3939 Trish NJlsson Ada County Development Services 287-7909 287-7900 CONFIDENllAU1Y NOTICE: This transmission is ir'lle13ctect o~y for the use of ti3e IrlOiviOuol($) nomeo os recipient. I! fflczt/¢ol3tal~ Ir~fo113'lolio13 fha1 Is pfivilegeO, conflclerlflol clrlcl/ot p~ofectea 1701'13 ¢tiSClOsufe ul3Oet OpplICQDle low 113cluOl.'lg, Du! 130! il133ffecJ I0, ll~e o~ofi3e¥ clierlt privilege o~OJof work pfocluc! clocfrit'le. If you ale 130f 17~e irlfe~ciea reclpier~t of this troclsmisslor~, pleose nOtlN t~e sencler Immecliotel¥ DV telephone, Do not CleliveL clislriDule of cody Ibis 11'O13srnlsSlocl, aisC;lOSe IL~ confe~ls, o( toke QI3y Qcllor1113 lellorlce 013 the Into~'mation it contains. JUL 25 '02 16:~4 208 388 1801 PAGE.B1 FILE No.142 0?/25 '02 16:33 ID:SPINK BUTLER CI_!qPP, LLP FRX:208 388 1001 PaGE 2/ 2 ./ J- ~ J ATT(3~NI~'Y~, AT I ~,W ---~/'~,:.""'I'""',NK BUTLER Ck,'l.--i9 July 25, 2002 VIA FACSIMILE JOANN C. KE~GY MICHAE~ T. SPINK 388-0230 (DIRECT) Shaft Stiles Meridian Planning & Zoning 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 RE: Bristol Heights SBC FileNo. 21205.15 Dear Shari: Thank you for working with ~ in the above-captioned matter. We appreciate the difficulty all parties have had in pulling this together. With respect to the renegotiations, we have spoken to Trish Nilsson and ~he indicated the 30 day requirement under the Area of Impact Agreement will be waived. In addition, Ms. Nilsson asked that when you forward the notice ofheanng on Capital Development's miscellaneous application, please include a aver letter which states that the letter and the notice of hearing constitute Meridian's formal request for renegotiation on the area of impact. Again, thank you for your assistance in this matter. Should you have any questions or concerns, please do not hesitate to contact me directly. Very truly yours, Kelly M. Garrity KMG:Iaa cc: (via fax) Ramon Yorgason Trish Nilsson Will Berg Bill Nichols SLJIT~' ~0~-100~ t~ JUL 25 '02 16:34 208 388 1001 PAGE.02