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HomeMy WebLinkAboutD&B SupplyMERIDIAN CITY COUNCIL MEETING: NOVEMBER 8 1995 APPLICANT: ITEM NUMBER; 29 REQUEST; DEPARTMENT REPORTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. . WM. F. GIGRAY. $ !DANIEL R. HARDEE WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON ,STEPHEN L. PRUSS :ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE WHITE, PETERSON, PRUSS. MORROW & ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 63653-0247 (208) 4GS-9272 (208) 888-1482 FAX (208) 466-4405 FACSIMILE TRANSMISSION 208-342-4657 Daniel V. Steenson Ringert Clark, Chartered P.O. Box 2773 Boise, ID 83701 October 31, 1995 GIGRAX, P. A. Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Steenson: With offices also in CALDW ELL. IDAHO (206) 684-8990 Please be advised that at this point in time the following has occurred regarding D & B Supply's position concerning the Nyalls' complaints. 1. My client has completed a move of the pallets and racking to the back. 2. Screening of the receiving area is completed. 3. We have received evidence of the fact that the plantings in the back of the building had drown from too much water. Those have been pulled and will be replaced on or before November 8, 1995. 4- The merchandise which was formally located on the west side of the building has now been moved to the fenced -in area and awning portion of the building on the east and north side. 5. The field which is adjacent to the west of the D & B Supply building will be seeded with draught resistant grasses. As far as the issue of the waste ditch is concerned, at this point D & B Supply is looking at their options and the costs of those options to pipe the waste ditch. We have received clearance from Ada County Highway District's counsel to allow Jim McGarvin of West Valley Builders to talk with Larry Sale regarding this matter for the purpose of getting an estimate of cost. Hopefully we will have that information before the end of the week, OCT 31 '95 09:17 12084664405 PAGE.02 Daniel V. Steenson October 31, 1995 Page 2 and we will then advise of my client's position regarding the waste ditch. Very truly yours, 1• /-iyfay, Ifl� vm cc: Richard Schrandt Rod Snyder Shair Stiles "b/stoonoon.ltr OCT 31 195 09:18 12084664405 PAGE.03 WHITE, PETERSON, PRUSS, MORROW & FACSIMILE TRANSMISSION 208-345-7650 Larry Sale Development Services Supervisor Ada County Highway District 318 E. 37th Boise, ID 83714 David E. Wynkoop Ada County Highway District 318 E. 37th Street Boise, ID 83714 GIGRAY, P. A. With offices also in CAL D W ELL. IDAHO (208) 454-8990 RECEIVED NOV 0 7 IF95 LATY OF 1AW"Ibial Art Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Sale and Mr. Wynkoop: This letter is a follow up to the meeting held between Jim McGarvin and Larry Sale on October 31, 1995. As a result of that meeting, my client has given me authority to submit the following proposal to resolve the lingering issue of the drain ditch on Wilson Lane. My client is prepared to install a A.D.S. N-12" pipe and/or A.D.S. corrugated polyethylene 12" pipe with clean out at the start and clean out every 400 feet on center which installation will be along the south side and for the full length of Wilson Lane to a point on the southeast corner of the intersection of Wilson Lane and Locust Grove to the existing waste ditch on the east side of Locust Grove. The installation will also be adjacent to the existing pavement on Wilson Lane at a location where no encroachment on Myall property will occur, even during construction. The installation will be in accordance with approved engineer drawings to be prepared by Hubble Engineers and will include cut-throughs and patch and repair of the driveway to Myalls' residence. Installation shall occur on or before April 14, 1996. This proposal is conditioned upon it being part and parcel of the approval of the occupancy permit of the D & B Supply J ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH WM. F. GIGRAY, In POST OFFICE BOX 247 DANIEL R. HARDEE WILLIAM A. MORROW NAMPA, IDAHO 83653-0247 CHRISTOPHER S. NYE (208) 466-9272 (208) 888-1482 PHILIP A. PETERSON FAX (208) 466-4405 STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE November 6, 1995 FACSIMILE TRANSMISSION 208-345-7650 Larry Sale Development Services Supervisor Ada County Highway District 318 E. 37th Boise, ID 83714 David E. Wynkoop Ada County Highway District 318 E. 37th Street Boise, ID 83714 GIGRAY, P. A. With offices also in CAL D W ELL. IDAHO (208) 454-8990 RECEIVED NOV 0 7 IF95 LATY OF 1AW"Ibial Art Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Sale and Mr. Wynkoop: This letter is a follow up to the meeting held between Jim McGarvin and Larry Sale on October 31, 1995. As a result of that meeting, my client has given me authority to submit the following proposal to resolve the lingering issue of the drain ditch on Wilson Lane. My client is prepared to install a A.D.S. N-12" pipe and/or A.D.S. corrugated polyethylene 12" pipe with clean out at the start and clean out every 400 feet on center which installation will be along the south side and for the full length of Wilson Lane to a point on the southeast corner of the intersection of Wilson Lane and Locust Grove to the existing waste ditch on the east side of Locust Grove. The installation will also be adjacent to the existing pavement on Wilson Lane at a location where no encroachment on Myall property will occur, even during construction. The installation will be in accordance with approved engineer drawings to be prepared by Hubble Engineers and will include cut-throughs and patch and repair of the driveway to Myalls' residence. Installation shall occur on or before April 14, 1996. This proposal is conditioned upon it being part and parcel of the approval of the occupancy permit of the D & B Supply J Larry Sale David E. Wynkoop November 6, 1995 Page 2 store by Ada County Highway District, and approval by the City of Meridian Planning and Zoning and Engineering, and, upon the acceptance of the pipe installation (so long as in accordance with approved specifications) by Ada County Highway District upon timely completion of the installation. We await your response to this proposal. Very truly yours, m Gig Y, I vm cc: Dick Schrandt Jim McGarvin Shari Stiles Daniel Steenson d&b/&&lw&wyn.ltr I GERT CLARK 9001/003 RINGERT CLARK ]JARTERE LAWYERS November 8, 1995 BY FACSIMILE AND MAIL Shari Stiles Planning & Zoning Administrator City of Meridian 33 I. Idaho Avenue Meridian, ID 83642 \.Ilklll l I V 1111 u-1 I1 ISW 1'1irk 11111X1. ti <It'440 X•111.•\ It IM!f11'1@a NI li nl u•a 1'. Ia ul(q knl Lculre l: I Nuli MI)U I tiN�(K'l l(1' 1n141A 1). 1•law MII •Ik.t•11 1 Yx IIUtk' Vi IVX11kulXllrrcpwN IAU1111 V 1ur1iVN1 SN•v171 t.. �pUl.•dl) 11NIN N•1 ►all llq u.l i I\r11.1!glla Re: D & B Supply development - construction and activity adversely impacting the Myall property at Wilson Lane Dear Shari: I have received Mr. Gigray's letters of October 31st and November 8th, and a copy of his November 6th letter to Larry Sale. I understand from Mr. Sale and Mr. Gigray's November 6th letter to Mr. Sale that D & B Supply proposes to pipe the drain ditch in its relocated position on the south side of Wilson Lane. Neither the construction nor installation of the pipe will encroach on the Myall property, and the Myall's driveway will be restored after installation. Hubble Engineering will prepare plans to be reviewed and approved by ACHD. I understand that ACHD will have to review the construction plans before approving the proposal. I have requested a copy of the plans when they are submitted to ACHD. Although it is somewhat unclear in Mr. Gigray's letter, I understand that D & B's proposal is conditioned upon (1) ACHD and City approval of the occupancy permit for the D & B Supply store, and (2) ACIiD's acceptance of the pipe installation. It is not clear to me at what point in the approval/installation process D & B is requesting that the city issue the Occupancy permit. D & B's Development Agreement, paragraphs 10 and 14, and City Ordinance 11-2-421E state that no certificate of occupancy shall be issued until all improvements are completed and requirements are met. Thus, the Certificate of Occupancy cannot be issued until the pipe is installed. We are hereby requesting that, once ACHD approves construction plans for the installation of the pipe, the City enter an addendum agreement (see paragraph 14 of the Development Agreement) stating the conditions and timetable for completing the remaining construction and activities necessary to correct the adverse impacts to the Myall property. 'l:ii5ctt1111'1•ItfitlSl1t.'t't • P.O.I;uX277:1 • Iitllhl'.ItW11uli:1701 • :20W342-4591 I'AX.42-1•(i5 NOV 08 '95 15 11 12083424657 PAGE. 01 L0d34Z46 /003 Shari Stiles November 8, 1995 page 2 The Myalls have no objection to D & B's proposal for piping the ditch, provided that ACHD (1) approve the relocation of the ditch to the south side of Wilson Lane, (2) unconditionally waive its requirement that the ditch be relocated out of the street, and (3) accept the pipe as a permanent installation within Wilson Lane or otherwise assure the Myalls that neither they nor their successors or assigns will be required to perform or pay for any future relocation or improvement of the drain ditch which ACRD may require if and when Wilson Lane is completed in connection with any development of the. Myalls' property. Under the circumstances, the Myalls cannot be required to bear any burden or expense associated with the drain ditch now or in the future. The Myalls request that the following considerations be addressed in the planning and installation of the pipe: 1. D & B's engineers submit flow calculations to show that the size of the pipe is sufficient to carry the flow of water in the ditch; 2. the pipe should be installed so that it will not be located beneath any future sidewalk, curb, or other structure to ensure that it may remain as a permanent installation; 3. adequate provision for storm water drainage must be provided; 4. access from Wilson Lane to the Myalls' shed must be restored; 5. access to the residence through the driveway must not be prevented between the hours of 4:00 p.m. and 9:00 a.m. during construction. 6. sewer and water stubs to the Myall residence must not be altered; 7. excess soil must not be deposited within Wilson Lane or on the Myalls' property; H. the Myalls' fence must not be disturbed or must be repaired if damage occurs during construction; and 9. installation should be completed not later than March 311 1996, to ensure completion prior to the irrigation season. NOV 08 '95 15:12 12083424657 RINGERT CLARK i Shari Stiles November 8, 1995 page 3 This list of considerations comes to mind in considering D & B's proposal but is not intended to be exhaustive. The damage to the northwest corner of the Myalls' property caused by installation of the trespass ditch and vehicle ruts must also be addressed. The ground must be restored to its prior condition. The Myalls are encouraged by D & B's recent efforts and believe this matter can be resolved if the piping the drain ditch is performed properly, if the Myalls are assured that they will not be required to relocate or improve the ditch in the future, and if D & B meets its commitments to correct the adverse impacts to the Myall property. Please advise the City Council of these comments and concerns at its meeting this evening. You s very truly, Daniel V. Steenson Enclosures cc: Wayne Crookston (by fax 888-3969) NOV 08 195 15:12 12083424657 PAGE.03 NOV 08 '95 16:54 s s 1 7)0: PAX NUMBER: WHIT PETERSON ET RL FACSIMILE COVER SHEET 320 P01 11-8-S r k/' 45a White. Peterson, Altus$, h1ormw & Gigray, P.A. 104 Ninth Avenue South Post Office Box 247 Nampa, Idaho 83653-0247 PHONE NUMBERS: (208) 466-9272 (208) 888-1482 r �� r •� FAX NUMBER: (208) 466-4405 You should receive-4 eceive pages of copy including this cover sheet. If you do not receive ag pages, please callback soon as possible. Our telephone numbers arc (208) 466-9272 or 888- 1482. Thank you. CONFIDENTIAUTY NOTICE This facsimile transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. Thee information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. if you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents. Our telephm numbers are (208) 466-9272 or 888-1482. F^Xcov6R. wpp (m293) NOV 08 195 16:55 12084664405 PAGE.01 95 16:54 WHIT PETERSON ET RL 320 P02 Shari Stiles Planning & Zoning Administrator 33 E. Idaho Avenue Meridian, ID 83642 Re: -'9* a,--,SMPD1y Co., Inc. Development Agreement with the city of Meridian/Tom and Barbara Myall Request Dear Shari Please be advised that I contacted the City Clerks office regarding tonightrs agenda and was advised that the D & B Supply co. matter is last under staff reports. Rod Snyder, Manager of the D & B Supply Co. Meridian store and myself plan to be at the meeting, but we will not arrive until 9:oo p.m. Please find enclosed a copy of a letter received by my client from the University of Idaho regarding the landscaping problems and the cause for the loss of the shrubs. Please be advised that my client had arranged with the landscapers, Lavelle Landscape Construction, to have the shrubs replaced by November 8, 1995. Due to no fault of my clients that has not yet occurred but should occur shortly. We are still awaiting the response from the Ada :County Highway District on the waste ditch proposal. vm Enclosure cc: Dick Schrandt Rod Snyder NOV 08 195 16=55 Very truly yo s, Wm F19 Wm. F.G Gigray, III 12084664405 PAGE. 02 WHITE. PETERSON, PRUSS, MORROW & 01GIRAY. F, A. WM. E. GIG RAY ATTORNEYS AT LAW I DANIEL, Q. NAROEE 104 NINTH AVENUE SOUTH IJOHN O. HARRINGTON POST OFFICE BOX 247 WILLIAM A. MORROW NAMPA, IDAHO 63663-0247 CHRISTOPHER 5. NYE (20 B) 46g•S2T2 (2p 8) 88.5-1482;TER$ON PHILIP A. pE L. PRUSS FAX (2OS) 4GS-4405 PSTEPHEN ERIC S. ROSSMAN TODD A. ROSSMAN ITERRENCE R. WHITE i November 8, 1995 FACSIMILE TRANSMISSIpN 208-887-4813 Shari Stiles Planning & Zoning Administrator 33 E. Idaho Avenue Meridian, ID 83642 Re: -'9* a,--,SMPD1y Co., Inc. Development Agreement with the city of Meridian/Tom and Barbara Myall Request Dear Shari Please be advised that I contacted the City Clerks office regarding tonightrs agenda and was advised that the D & B Supply co. matter is last under staff reports. Rod Snyder, Manager of the D & B Supply Co. Meridian store and myself plan to be at the meeting, but we will not arrive until 9:oo p.m. Please find enclosed a copy of a letter received by my client from the University of Idaho regarding the landscaping problems and the cause for the loss of the shrubs. Please be advised that my client had arranged with the landscapers, Lavelle Landscape Construction, to have the shrubs replaced by November 8, 1995. Due to no fault of my clients that has not yet occurred but should occur shortly. We are still awaiting the response from the Ada :County Highway District on the waste ditch proposal. vm Enclosure cc: Dick Schrandt Rod Snyder NOV 08 195 16=55 Very truly yo s, Wm F19 Wm. F.G Gigray, III 12084664405 PAGE. 02 NOV 08 195 16:55 TDA DOUM OFFICE pw Ci(f"Od shva FOWPhom 2D*M-2107 OAX 20W7S4-/lS Nwemba 9, 1"S WHIT PETERSON ET RL 7o Whom It May Cancers: 320 P03 T, . Cic COOPERATIVE Ma*N fi SysM �UnWw* Of erq v 8 Dowwo OWCAU. / thiv of On October 16, 19951 met with John Jasper of D&B Supply on Faimlew in Boiw about problems they were having with semW CvUXM= in their Iandmpe, 4n the so*hside of the ba Ming where sevcrsl $bowie had died, I found the sail war car"Mely sa wiled and muddy. I was told by John that water steads an the paveMat next to this narrow south bed almost evayday and that the intgadon clocks were set to carne nun hequantly.' I told Jobn that it the sprinkiar beads were causing water to lut the pave==t vatside the bed they were the wrong beads for this be& I suggested that z im jets, small mib'tats of a Znakle or drip system be installed to conscrvc water and restrict it to t'he bed I also Twoam Mded that the frcqucncy of nrigatioJn be reduced to minimize fire overwatenr condition that exists. Deep c� � watering (once or twins s week) is w baa we recoasmend on landscape in SUM Bell Exeeoaioa Bd r . Hoatiiuluffe is an 06.0 Oooa4..A+dfw...e4.o aelon'M ��+r w�sruaa► NOV 08 195 16:56 12084664405 TOTAL P.02 PAGE. 03 RINGERT ♦ CLARK CHARTERED William F. Bingen LAWYERS JD.a Blair Clark James G. Reid November 8, 1995 Jeffrey R. Christenson James P. Kant an Laura E. Burn Allyn L. Sweeney Patrick D. Furey Michael J. Doolittle BY FACSIMILE AND MAIL David Hammer Daniel V. S eensont Steven C. Mahaffy Shari Stiles Samuel Kaufman (1921-1986) Planning & Zoning Administrator City of Meridian 33 I. Idaho Avenue Meridian, ID 83642 Re: l3 & B Supply development - construction and activity adversely impacting the Myall property at Wilson Lane Dear Shari: I have received Mr. Gigray's letters of October 31st and November 8th, and a copy of his November 6th letter to Larry Sale. I understand from Mr. Sale and Mr. Gigray's November 6th letter to Mr. Sale that D & B Supply proposes to pipe the drain ditch in its relocated position on the south side of Wilson Lane. Neither the construction nor installation of the pipe will encroach on the Myall property, and the Myall's driveway will be restored after installation. Hubble Engineering will prepare plans to be reviewed and approved by ACHD. I understand that ACHD will have to review the construction plans before approving the proposal. I have requested a copy of the plans when they are submitted to ACHD. Although it is somewhat unclear in Mr. Gigray's letter, I understand that D & B's proposal is conditioned upon (1) ACHD and City approval of the occupancy permit for the D & B Supply store, and (2) ACHD's acceptance of the pipe installation. It is not clear to me at what point in the approval/installation process D & B is requesting that the City issue the Occupancy permit. D & B's Development Agreement, paragraphs 10 and 14, and City Ordinance 11-2-421E state that no certificate of occupancy shall be issued until all improvements are completed and requirements are met. Thus, the Certificate of Occupancy cannot be issued until the pipe is installed. We are hereby requesting that, once ACHD approves construction plans for the installation of the pipe, the City enter an addendum agreement (see paragraph 14 of the Development Agreement) stating the conditions and timetable for completing the remaining construction and activities necessary to correct the adverse impacts to the Myall property. 455 South Third Street ♦ P.O. Box 2773 ♦ Boise, Idaho 83701 • 208/342-4591 FAX 342-4657 c Shari Stiles November 8, 1995 page 2 The Myalls have no objection to D & B's proposal for piping the ditch, provided that ACHD (1) approve the relocation of the ditch to the south side of Wilson Lane, (2) unconditionally waive its requirement that the ditch be relocated out of the street, and (3) accept the pipe as a permanent installation within Wilson Lane or otherwise assure the Myalls that neither they nor their successors or assigns will be required to perform or pay for any future relocation or improvement of the drain ditch which ACHD may require if and when Wilson Lane is completed in connection with any development of the Myalls' property. Under the circumstances, the Myalls cannot be required to bear any burden or expense associated with the drain ditch now or in the future. The Myalls request that the following considerations be addressed in the planning and installation of the pipe: 1. D & B's engineers submit flow calculations to show that the size of the pipe is sufficient to carry the flow of water in the ditch; 2. the pipe should be installed so that it will not be located beneath any future sidewalk, curb, or other structure to ensure that it may remain as a permanent installation; 3. adequate provision for storm water drainage must be provided; 4. access from Wilson Lane to the Myalls' shed must be restored; 5. access to the residence through the driveway must not be prevented between the hours of 4:00 p.m. and 9:00 a.m. during construction. 6. sewer and water stubs to the Myall residence must not be altered; 7. excess soil must not be deposited within Wilson Lane or on the Myalls' property; 8. the Myalls' fence must not be disturbed or must be repaired if damage occurs during construction; and 9. installation should be completed not later than March 31, 1996, to ensure completion prior to the irrigation season. Shari Stiles November 8, 1995 page 3 This list of considerations comes to mind in considering D & B's proposal but is not intended to be exhaustive. The damage to the northwest corner of the Myalls' property caused by installation of the trespass ditch and vehicle ruts must also be addressed. The ground must be •restored to its prior condition. The Myalls are encouraged by D & B's recent efforts and believe this matter can be resolved if the piping the drain ditch is performed properly, if the Myalls are assured that they will not be required to relocate or improve the ditch in the future, and if D & B meets its commitments to correct the adverse impacts to the Myall property. Please advise the City Council of these comments and concerns at its meeting this evening. You s very truly, w Daniel V. Steenson cc: Wayne Crookston (by fax 888-3969) i WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. FACSIMILE TRANSMISSION 208-342-4557 Daniel V. Steenson Ringert Clark, Chartered P.O. Box 2773 Boise, ID 83701 Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Steenson: This letter is to advise you that D & B Supply has had to special order the 8 foot slats for the fencing on the southeast side of the building which should be here in two weeks. Assuming there is no problem with delivery, installation should be complete within 2 1/2 weeks. We anticipate sending the letter by Friday November 3. We will keep you apprised of further developments in this matter. vm cc: Richard Schrandt Rod Snyder Shari Stiles d&b/steenson.1t2 Very truly yours, Wm. 4i ig2/yTI�r ATTORNEYS AT LAW WM. F. GIGRAY, III 104 NINTH AVENUE SOUTH DANIEL R. HARDEE POST OFFICE BOX 247 JOHN D. HARRINGTON NAMPA, IDAHO 83653-0247 WILLIAM A. MORROW CHRISTOPHER S. NYE (208) 466-9272 (208) 888-1482 PHILIP A. PETERSON FAX (208) 466-4405 STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE November 7, 1995 FACSIMILE TRANSMISSION 208-342-4557 Daniel V. Steenson Ringert Clark, Chartered P.O. Box 2773 Boise, ID 83701 Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Steenson: This letter is to advise you that D & B Supply has had to special order the 8 foot slats for the fencing on the southeast side of the building which should be here in two weeks. Assuming there is no problem with delivery, installation should be complete within 2 1/2 weeks. We anticipate sending the letter by Friday November 3. We will keep you apprised of further developments in this matter. vm cc: Richard Schrandt Rod Snyder Shari Stiles d&b/steenson.1t2 Very truly yours, Wm. 4i ig2/yTI�r OCT 31 195 10:19 WHIT PETERSON ET RL 230 P01 �i FACSIMILE COYER SHEET T(t L - CS FROM - 014 rAu White, Peterson, Prds, Morrow 8 Gigray, P.A. 104 Ninth Avenue South Post Office Box 247 Nampa, Idaho 83653-0247 PHONE NUMBERS: (208) 466-9272 (208) 888-1482 FAX NUMBER: q FAX NUMBER: (208) 4664405 You should receive pages of copy including this cover sheet. If you do not receive all pages, please callback as soon as possible. Our telephone numbers are (208) 466-9272 or 888- awo.c, i ruuuL yvu. CONFIDENTIALITY NOTICE This facsimile transmission (and/or the documents accompanying it) may Domain confidential information belonging to the sender which is protected by the attorney{Beat privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of dds information is strictly prohibited. If you have received this transmission in error, plow immediately notify us by telephone to arrange for return of the documents. Our telepbone numbers are (208) 466-9272 or 888-1482. MESSAGE FAXCOVFR.: PP (RQ") OCT 31 '95 09:16 12064664405 PAGE.01 ��- 5x,,/6" glee awe s--S2s I S RINGERT ♦ CLARK CHARTERED William F. Bingen LAWYERS JD.a Blair Clark James G. Reid Jeffrey R. Christenson James P. Kaufman Laura E. Burn Allyn L. Sweeney Patrick D. Furey Michael J. Doolittle David Hammerquist Daniel V. Steenson Steven C. Mahaffy Samuel Kaufman (1921-1986) October 27, 1995 Shari Stiles Planning & Zoning Administrator City of Meridian 33 I. Idaho Avenue Meridian, ID 83642 Re: D & B Supply development - construction and activity adversely impacting the Myall property at Wilson Lane Dear Shari, In my October 11, 1995 letter to you, I requested that you advise me of any progress that has been made on the issues identified in my September 29, 1995 letter to the City Council and whether and when meetings with D & B Supply are scheduled. To date, I have not heard from you. Please contact me today or Monday to advise me of the status of this matter. You s very truly, Daniel V. Steenson Enclosures cc: Barbara Myall Mayor Kingsford Wayne Crookston 455 South Third Street • P.O. Box 2773 ♦ Boise, Idaho 83701 ♦ 208/342-4591 FAX 342-4657 10/11/95 10:30 $12083424657 RINGERT CLARK 10001/002 RINGERT CLARK CHARTEREU 1.AWYI_RS Shari Stiles Planning & Zoning City of Meridian 33 I. Idaho Avenue Meridian, ID 83642 october 11, 1995 Administrator �.flll11ll') K 1111M.11 l I H:l 1 10861 Re: D & H Supply development - construction and activity adversely impacting thew Myall property at Wilson Lane Dear Shari, This is to follow up on the above -referenced matter which was reviewed by the City Council at its October 3, 1995 meeting. The Council directed staff and discussed in my September 29, 1995 Supply's unauthorized relocation of is to be reported to the Council at D & B to resolve the issues letter, particularly D & B the drainage ditch. Progress its November 8, 1995 meeting. The Myalls request that the City seek prompt action by D & B to correct the drainage ditch and the other problems adversely impacting their property. we are encouraged by Mr. Gigray's comments indicating that D & B intends to address the screening, outdoor storage of commercial materials, and the exposed dirt on the adjacent lot. The damage to the northwest corner of the Myall property must also be addressed. Time frames for completing this work should be established. Mr. Gigray's comments to the Council indicate that D & B continues to be reluctant to correct the drainage ditch. As the Council recognized, the City's ordinances and conditions of approval clearly require D & B to pipe the ditch. At the end of the Council meeting, Mayor Kingsford commented that ACRD might consider permitting D & B to pipe the ditch in its current location within the Wilson Lane right of way. This solution was originally proposed by D & B during a meeting with Larry Sale on July 27, 1995. I believe this solution may be acceptable to ACHD and the Myalls if D & B submits an adequate proposal. 45 tint it I I '1 1111"t l tiU't't 1 ♦ I'. O I to,,, '1773 ♦ I St tis . R IN V) .43701 701 ♦ 208/:342-4501 1'r%X : 342-4G5'7 OCT 11 195 09:38 12083424657 PAGE.01 10/11/95 10:31 X12083424657 Shari Stiles October 11, 1995 page 2 RINCERT CLARK 10002/002 As you know, D & B's relocation of the drainage ditch is the most critical concern because it is an immediate hazard and, if not corrected by D & B, shifts to the City, ACHD, and the Myalls the burden of addressing the ditch if the Myall property is developed and the ACHD right of way is completed. The Myalls cannot be expected to bear any cost of relocating or piping the ditch in the future. There is no reason to confront this issue because the City has ample authority to enforce its ordinances and conditions of approval just as ACHD has ample authority to protect its right of way. Please advise me by Thursday of this week of any progress that has been made on the issues identified in my September 29, 1995 letter and whether and when meetings with D & B Supply are scheduled. Yours very truly, 14 W -I" Daniel V. Steenson Enclosures cc: Barbara Myall Mayor Kingsford Wayne Crookston Larry Sale Dave Weincoup William Gigray OCT 11 '95 09:38 12083424657 PAGE.02 WM. F. GIGRAY, III DANIEL R. HARDEE WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 (208) 466-9272 (208) 888-1482 FAX (208) 466-4405 October 5, 1995 Shari Stiles Planning & Zoning Administrator 33 E. Idaho Avenue Meridian, ID 83642 With offices also in CALDWELL, IDAHO (208) 454-8990 Re: "V'& 8 Supply Co., Inc. Development Agreement with the City of Meridian/Tom and Barbara Myall Request Dear Shari: I will be meeting with my clients regarding this matter of the occupancy permit and the complaints of the Myalls in pursuit of attempting to resolve the matters as well as addressing your concerns in your letter of September 7, 1995. I anticipate that we will be able to discuss these matters with you within the next two weeks. If you have any questions or comments, please advise. Very truly yours, vm cc: Dick Schrandt Rod Snyder d&b/stiles.ltr WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor VehicleJDrivers License (208) 888-4443 GRANT P. KINGSFORD Mayor September 12, 1995 Mr. Dick Schrandt, General Partner Schrandt Family Partnership 3303 East Linden Caldwell, ID 83605 Dear Mr. Schrandt: D�'b COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER It has come to my attention that there are several items that need to be addressed at your new facility on Fairview Avenue in Meridian. Most of these items are included in the development agreement which has been recorded in conjunction with your annexation. Slats should be placed in the fencing along the south side of the property to screen these materials from view. Although landscaping has been provided, it will be many years before the plantings will have any impact toward providing a screen. The existing plants do not appear to be receiving adequate water, as some are dying. Planting of larger, more closely spaced arborvitae in this area or construction of a slatted fence along the southern boundary would take care of this. All outdoor storage of equipment and materials is to be adequately screened with a sight - obscuring fence. The materials on the west side of the building are not screened, and apparently debris from these stockpiles blows into adjacent properties. During the conditional use permit process, no outdoor trash areas were shown, and I was told all garbage would remain indoors and a trash compactor would be used. There has been, for some time, a large garbage bin parked in the loading bay that is usually overflowing and is unsightly. Please immediately move this trash receptacle back in the building or provide a sight -obscuring fence around same. Complaints have also been received about dirt and dust blowing from the vacant parcel to your west. While I don't know of any resolution to this problem besides a constant watering down of the site or planting ground cover, I would like to know if you have any plans for this parcel and if you have any ideas to help alleviate this problem. Lastly, the problem with the drainage being moved to the south side of Wilson Lane remains. Little action has been taken by your engineer to resolve this problem. While I understand this issue is being worked out with the Ada County Highway District, I urge you to come to a quick resolution to this problem for the sake of all parties concerned. Mr. Dick Schrandt, General Partner September 12, 1995 Page Two Please contact me at your earliest convenience to let me know how you intend to comply with the Zoning and Subdivision Ordinance and your development agreement. If you would prefer that I work with your Meridian store manager on these issues, please let me know. Thank you. Sincerely, CITY OF MERIDIAN Shari L. Stiles Planning & Zoning Administrator cc: Wayne G. Crookston, Jr. Dan Steenson RINGERT * C LARK HARTER LAWYER BY FACSIMILE AND MAIL August 25, 1995 Larry Sale Ada County Highway District 318 East 37th Street Boise, Idaho 83714 %%'illiant i- mi 'g —ri D. Blair Clark James G. Reis I Jeftrev R. Christenson ,acnes P. Kanin,an LauraF. Barri .\II\n I.. ,;%% cel Patrick D. I°urev Michael .1.DNxrWtic Daviel Flammerciutst Daniel V. Steenson Steven C. Mlahalk Samuel Kaufman i I D-? I- I,j8iiI Re: D & B Supply relocation of drainage ditch in Wilson Lane right of way Dear Larry, After the meeting at Wilson Lane regarding D & B Supply's relocation of the drainage ditch on Tuesday, August 25th Barbara and Tom Myall and I met to further discuss the problem and potential solutions. At my request, John Anderson, the Water Superintendent of Nampa & Meridian Irrigation District, met with us at the Myall property. John and Bill Hensen of the District have been familiar with the property for many years and John consented to give us his impressions regarding the situation. John and Bill have provided their input to the Myalls because they knew Andrew Wolfe as a former employee of the District. Mr. Wolfe, Mrs. Myall's step -father, owned the Myall property and maintained the irrigation delivery system for Pleasant Valley Subdivision until 1986. John and Bill have provided their input in their private capacities as a favor to the Myalls, not as agents or employees of the District. Mr. Myall clarified that waste water did not drain from the Myall property into the drainage ditch in its prior location, and that he returns unused irrigation water back to Settler's irrigation ditch my means of a ditch along their east property line. As you know, the drainage ditch provides drainage for four properties located to the east of the Myall's property. The Myall's have no independent or community interest in the drainage ditch, and, therefore, no obligation to provide for its location, relocation, or maintenance. 455 South Third Street • P.O. Box 2773 . Boise. Idaho 83701 • 208/342-4591 FAX 342-4657 Larry Sale August 25, 1995 page 2 D & B Supply's response to this problem has been thoroughly discouraging. Instead of moving the ditch out of the Wilson Lane right-of-way and the Myall's front yard, as you required in your July 19, 1995 letter, D & B fortified it by installing 8" pipe in the ditch in front of the Myall's home. Mr. Anderson found the inlets and pipes D & B installed in response to your June 30, 1995 letter to be undersized and inadequate. The downstream end of the pipe in front of the Myall house is already half filled with sand. Sooner than later, water will back up at upstream end of the pipe. The D & B representatives at the July 27th and August 15th meetings argued that ACHD was responsible for the problem, and were unprepared to discuss or propose any solution other than leaving the ditch in its current location and condition. D & B has not made any effort to contact the Myalls to discuss options to remedy the problem now, or address future impacts. This is one of the reasons we are taking this opportunity to advise you of what we believe is necessary to remedy this problem. As stated in my August 2nd letter to you, we continue to believe that the only acceptable solution is for D & B Supply to return the ditch to the north side of Wilson Lane. The Myalls will not agree to grant an easement across their property for the drainage ditch either now or in the future. The Myalls cannot envision circumstances which would induce them to grant such an easement, particularly after their experience with D & B. Therefore, relocating the ditch to cross the Myalls' property is not an option. We recognize that D & B will continue to press for leaving the ditch on the south side of Wilson Lane. We believe this can only be permitted with the following conditions: 1. D & B must pipe and bury the entire length of the ditch along Wilson Lane. John Anderson recommended that the entire length of the ditch should be piped, in part, to avoid the problem which is now occurring at the east end of the undersized pipe D & B installed in front of the Myall's rental home, and to reduce the maintenance burden on the landowners who depend on the ditch. John advised us that the pipe for permanent installation should be a minimum of 18" reinforced concrete with access for maintenance provided every 200 to 300 feet. The size of the pipe should be determined by flow calculations and, of course, must be installed at the proper grade. 2. D & B must bear the entire cost of piping the ditch. 3. The problems we have discussed regarding future development could be handled in either of two ways. First, and preferably, as is done in numerous subdivisions such as the Danbury Subdivision, the pipe could be installed permanently as described to provide access from the road as the road is completed when future development occurs. One of the reasons this approach would be preferable is because it does not involve the expense and other complications that will attend relocation. Second, if the pipe is installed with the expectation that the ditch will be relocated in the future, it must be made clear that the Myalls will not grant an easement across their property for this purpose, either to D & B or the land owners who use the ditch. This leaves two possible locations for the ditch: the north side of Wilson Lane within the D & B property or to the east of the Myall property to deliver irrigation return back to Settler's irrigation canal. John Anderson informed us that latter option was feasible. The Myalls and their successors in interest cannot be required to bear any of the costs of such relocation. The somewhat complicated issue of proposed compensation to the Myalls for relocating the ditch becomes moot if the Myalls do not agree to grant an easement across their property, and can be resolved by simply requiring those who benefit from and/or are responsible for the relocation of the ditch to bear the cost of relocation at the time it becomes necessary. I am preparing a memorandum to explain further the position stated in this letter and will send you and the City of Meridian a copy next week when it is completed. Yours very truly, ta Ani 4e dl v. Steenson cc: Barbara Myall Sherry Stiles Dave Weincoup GGIn-C JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Daunt Whitman and Shari Stiles City of Meridian 33 E.Idaho Meridian, ID 83642 Re: D & B Supply Store Fairview/Locust Grove/Wilson Lane August 4, 1995 Please review the attached correspondence regarding this application. In the memo from me to the file describing the meeting with the contractor for D & B, you will note that they agreed to submit a proposal to me by close of business August 2, 1995 describing how they planned to rectify the construction problems caused by the relocation of an irrigation ditch from the north side of Wilson Lane to the south side in the right-of-way. This is to advise you that as of this date, West Valley Builders has not communicated with me to make such a proposal, nor as of August 2, 1995, had they contacted the property owners to the south to determine if the irrigation ditch could be located on their property. Therefore, the purpose of this letter is to request the City of Meridian to refuse to issue the Final Certificate of Occupancy to D & B Supply until their contractor has rectified the identified problems to the satisfaction of the Highway -District and the City. If you have any questions or if you wish to discuss the matter in more detail, please call me at 345-7680. Sincerely, Oarry S e Devel nine Services Supervisor cc: Chron. Project File Engineering Services Traffic Services Director Attorney Dan Steenson, Attorney Gary D. Smith, P.E. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 RINGERT * CLARK H A R T E R E D williarn F Ringert Clark Ja G. Reid JamesD.LAWYERS Jeffrey R. Christenson James P. KO1.1tma11 Laura E. Burn Allen L. Sweeney Patrick D. Furey Michael 1. Doolittle David Hammerquist August 2, 1995 Daniel v. Steenson Steven C. Mahatty Samuel Kaufman 11921-19860 BY FACSIMILE AND MAIL Larry Sale Ada County Highway District 318 East 37th Street Boise, Idaho 83714 Re: D & B Supply, construction of ditch on Wilson Lane right of way and Myall property Dear Larry: This letter summarizes our meeting of Thursday, July 27, 1995, in which you, contractors for D & B Supply, the Myalls and I discussed the ditch which D & B Supply constructed within ACHD's right of way on the south side of Wilson Lane, and apprises you that D & B Supply has not contacted us to pursue an easement for relocation of the ditch across the Myall's property. Therefore, we are requesting that ACHD require D & B Supply to reconstruct the ditch on the north side of Wilson Lane and repair the ditch on the south side of Wilson Lane to conform to ACHD standards and the needs of the Myalls, including repair of certain damage and intrusions on the Myall's property. We discussed what you described as a decision error in eliminating an irrigation drainage ditch from its location on the north side of Wilson Lane and relocating the ditch to the south side of Wilson Lane within ACHD's right of way. Copies of portions of the plat for Pleasant Valley Subdivision are enclosed which show ACHD's 60 foot right of way and the Certificate of Owners which dedicates the use of the streets to the public. You informed us that the relocation of the ditch was not shown on the plans submitted by D & B Supply to ACHD, and was not approved by ACHD. The former ditch carried irrigation drainage from lands located to the east of the Myall's property and the present terminus of Wilson Lane. Drainage from those lands enters a ditch on the east end of the Myall's property and enters the culvert which previously crossed under the east end of Wilson Lane. This ditch existed and served these lands from some time during the 1950s, if not earlier, until this year. 455 South Third Street . P.O. Box 2 773 • Boise. Idaho 83701 • 208/342-4591 FAX 342-4657 am Larry Sale August 2, 1995 Page 2 D & B Supply eliminated the prior ditch and the culvert which crossed under the east end of Wilson Lane, constructed the ditch on the south side of Wilson Lane, and rerouted the irrigation drainage through the new ditch without any prior consultation with or consent from ACRD, the Myalls, and the other ditch users. In the process of constructing the new ditch, D & B Supply eliminated the Myall's access to their shed, and constructed a ditch and left vehicle ruts intruding into the northwest corner of their property. Apparently in response to your letter of June 30, 1995, D & B Supply installed and covered a pipe with a drop inlet in the new ditch in front of the Myall's house and shed and provided gravel access to the shed. D & B Supply also installed a drop inlet and pipe to connect with the culvert and pipe at the west end of Wilson Lane. During the meeting, you informed the contractors for D & B Supply that, to correct this error, D & B Supply must (1) relocate the ditch out of ACHD's right of way, (2) construct or reconstruct a ditch in the right of way to conform to ACRD standards for purposes of drainage off of Wilson Lane, and (3) reconstruct the connection at the west end of Wilson Lane adequate for the irrigation drainage. The representatives of contractors for D & B Supply asked if it was feasible to pipe the new ditch in the ACHD right of way south of Wilson Lane. You informed us that ACHD would require calculations and plans to show that such facilities will be adequate for the drainage, and would require D & B Supply to make a payment to the MyallIs or ACHD for the future relocation of the piped ditch. ACHD's position would be that this is not the preferred solution and would only be considered if there is no other alternative. The possibility of D & B Supply obtaining an easement to locate the ditch on the Myall's property was discussed. At the close of our meeting, you advised D & B Supply to submit a proposal or proposals to correct the situation by no later than today. I understood that the action you would take action regarding D & B Supply's occupancy permit would depend on whether ACHD would accept D & B Supply's proposal. D & B Supply's contractors said that they would contact me if they wished to pursue that option. D & B Supply has not contacted me as of the writing of this letter. I interpret this to mean that D & B is not interested in discussing the possibility of an easement for the ditch across the Myall's property. The possibility of piping the ditch on the south side of Wilson Lane does not seem viable or prudent because this would require provisions for the future relocation of the ditch, as you discussed. The only options for ditch in the Larry Sale August 2, 1995 Page 3 future, as now, are to either move the ditch back to its prior location on the north side of Wilson Lane, or relocate it somewhere across the Myall's property. This latter options would require execution of an easement, which D & B Supply does not appear willing to discuss. A payment to the Myalls or ACHD for future relocation is meaningless if there is nowhere for the ditch to go, and there is no reason to pipe the ditch on the south side of Wilson Lane while anticipating that it will be relocated to the north side of Wilson Lane in the future. We believe the only logical and acceptable solution is for D & B Supply to reconstruct the ditch on the north side of Wilson Lane and the culvert under the east end of Wilson Lane, and all related facilities, pursuant approved engineer's plans and calculations which show that the ditch will be adequate for the delivery of irrigation drainage from the lands located east of the Myall's property. In addition, as you discussed, the ditch on the south side of Wilson Lane must be reconstructed to meet ADHD's requirements and the needs of the Myalls, which includes access to their shed. The ditch and the vehicle ruts intruding onto the northwest portion of the Myalls property must also be repaired. Please inform me of D & B Supply's proposal when you receive it. I would appreciate an opportunity to review and respond to it on behalf of the Myalls. I understand that you will receive D & B's proposal today, and that you will not take action with regard to their occupancy permit until you have received and reviewed the proposal. We appreciate you attention to this matter and look forward to hearing from you this week. Yours very truly, 40,d/ - Daniel V. Steenson Enclosures cc: Shari Stiles Gary Smith P.E. CERTIFICATE OF OWNERS K,Vaw ALL NEN 3Y THE3E PRcSEN 3, 7'/lOY R1'cha�d F. I✓i/son and r=oye>fv .O. is/� /son, hus.cond and rvif�, .and L eivi;J C• Fig en ono ?✓Dy it/. Fi-eei; hc%Jbond ono' rv/fc, a/ -s Tfie owne1u oe )^r 710//0,wl"hF of lone, 7b r,•i/`: ,�n i�'r c�/ate- TrxT' ice, The !^/es7` i/o/� �`t/ /1% of �Se;.-tion 3. 7o' 0-00,17 Nom`s �T .i rV. J, �n9e / eos1' (R. / E• f, �or,1G �ye�io�ion (B. M. J,de.Jc�-ibed ay �eTe' and barinds al Ge911snsi79 076 rase JeCTicno S, , T ono' d, 77 9 4/., 7/ie/7c: N. d8 0 SJ' :. aloe-,? 7isG ,✓oe-;'h Douno'Oey Cf .Jorol Sec. B, eG TZ. d 7a me //Q DCC7'10/7 cor-nCi- be rween SGC J . 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HUBER, Vice President SI ISAN S. EASTLAKE, Secretary Jim Merkle, P.E. Ilubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83705 West Valley Builders P.O. Box 1056 C3ldxvell, Idaho 83606 Re: D&B Supply Wilson Lane Gentlemen: JUL. 21 1995 July 19, 1995 After reviewing the situation regarding the reconstruction of Wilson Lane in conjunction with the D & B Supply project, the following items must be corrected immediately: 1. Relocate the irrigation ditch out of the right-of-way of Wilson Lane. 2. "Regrade the borrow ditch along the south side of Wilson Lane to District standards. 3. Provide an adequate driveway to the Myall shed. 4. Reconstruct the irrigation wasteway to the drain ditch across Locust Grove/Wilson Lane. Do not cut the pavement of either street. These items must be completed within ten calendar days. If they are not completed, I am recommending by copy of this letter to the City of Meridian that the final occupancy certificate for D & B not be issued. Sincerely, f--,ryjs e - Development Services Supervisor cc: Chron Barbara Myall Project File Sheri Stiles Engineering Services Gary Smith, P.E. Director Attorney ada county highway district 318 East 371h • Boise, Idaho 83714 • Phone (208) 345-7680 URV July 17, 1995 HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 Mr. Larry Sale Ada County Highway District 318 N. 37th St. Boise, ID 83714 PN 9418900 RE: Drainage Ditch along Wilson Lane Dear Larry: 2081322-8992 • Fax 2081378-0329 As per our conversation on July 14, 1995, regarding the drain ditch along the Myall property on the south side of Wilson Lane, the ditch comes from the South and is apparently an overflow ditch when landowners to the south and east are not diverting water for irrigation. The ditch also picks up waste water from the field adjacent to the east. Before development of the D&B site, the ditch was piped in 12"'RCP from the south to the north side of the existing gravel road at the east end of Wilson Lane. From there it ran to the west and picked up waste water from the D & B parcel. At the intersection of Wilson Lane and Locust Grove, the ditch ended at another 12" RCP that brought water back to the south side of Wilson Lane where it flows along Locust Grove to Nampa -Meridian Irrigation District's drain. The ditch came from and went to the south of Wilson Lane and the only apparent reason it ran along the north side of the gravel road in Wilson Lane was to pick up drainage from the field where the D & B Supply now sits. Upon development of the D & B Supply site, we were required to retain all our drainage on site and improve the north side of Wilson Lane with a 12.0 ft. lane on the south. Because the D & B site did not drain off-site, the ditch was not needed on the north side of Wilson Lane. Instead it was kept along the south side of the asphalt in the borrow where it also picks up the run-off from the southside of Wilson Lane. In regards to Jon Thompson's letter dated June 30, 1995, we have spoken with Jim McGarvin of West Valley Builders and he says that he has no problems doing the work mentioned and it will be done as soon as they can get in to do the work. If you need to have a meeting on site, please let us know when so we can schedule with Jim McGarvin. Sincerely, Richard J. Tomlinson RJT/vw/2432.ltr cc: Jim McGarvin, West Valley Builders I C� JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Mr. Richard J. Tomlinson Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 Re: NEB -I Annexation Fairview Avenue Sidewalk Dear Mr. Tomlinson: US 0 W [S June 8, 1995 D J7 Thank you for pointing out that the sidewalk/right-of-way will jog from the existing sidewalk and right-of-way line in front of the D & B Supply to the undeveloped site between the D & B and Locust Grove Road. I suggest that the following be implemented: Place the back of the sidewalk 53 -feet from centerline of Fairview, with a 20 to 30 foot taper from the existing sidewalk to the new one. Record an easement for the sidewalk to the public that will be in use until the property is developed and/or ACHD acquires the right-of-way. Sincerely, Developfnent Services Supervisor cc: Chron Engineering Services Traffic Services ada county highway district 318 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680 HU,BBLE ENGINEERING, INC. 95W Bethel Court . Boise, Idaho 83709 June 1, 1995 Mr. Larry Sale Ada County Highway District 318 E. 37th Boise, ID 83714 RE: NEB -I ANNEXATION Fairview right-of-way/sidewalk requirement Dear Mr. Sale, 2081322MV • Fax 2081378-0329 Your letter to Jim Merkle, dated May 11 clarifies that 54.0 ft. of right-of-way will be required for the Fairview Ave. frontage west of the D & B site. And that there will be 58 ft. of right-of-way along the D & B Site. The requirement for the D & B site was to construct the sidewalk 1.0' offof that right-of-way line. In your letter to Shari Stiles of the Meridian Planning Department, dated May 16, you recommended the construction of sidewalk along the balance of the property to be along that right-of-way being an extension of the existing sidewalk. This has raised a question with the contractor for the project. Because the right-of-way for the balance of the property is to be 54.0 ft. from centerline, and if the sidewalk is to be constructed along this right-of-way, then the new sidewalk will have a 4.0 ft. jog in it from the existing sidewalk. Please clarify whether the sidewalk required for the balance of the property west of the D & B site is to be constructed in the right-of-way and have a 4.0 ft. jog from the existing sidewalk or be constructed in line with the existing sidewalk in front of D & B. Obviously this would result in the sidewalk being constructed on private property. Your prompt response to this issue is greatly appreciated. Sincerely, Richard J. Tomlinson RJT/vw/2361.ltr CC: Jim McGarvin, West Valley Builders 13.vs FPO 6 P13 9 p 5 pp Pp is Los 34'5 �85u P16dent ni ES E• eRv�}9k� v'G ecce SWRRV RKS 5 so�.N� Inc. e Ergir � N55�1Betheo a3,�p5 9 \dah go\se, ens Skva\1eY 56d We �0 6p6 ,one 30 1 Ag95 c eering, r\ Stiles erg Pdminiskrator Ms•She anal°r Q\anr\r N`er\dian itY °f daho 36A2 33 Eat ` Meridian, Barbara ooh Or,v � Mrs. Maribor is 9311 620 G ta► CalifoCn Po dWe�1ldah° 93 the � & 6 Pro Cal ,or o{ the M De W1rf; c°nstr�mcat'Ons horn { Ad, O $t B S�►P ancy made afte esponse to comm the north 5' a e c DT, RE: a1 O elrg d in r a\ons, NCNO -%ve are an th Sid ce VON F1n ents Lane, {�o,Ned e. comm Filson ter &vch the s°o a�nkenan ere on k {o1loW'r4� ieW and Waste wa ditch on �tmna\ Oat vJ bot fhe F a�N n ova a, e5 e�Y'► \ocaked at origcra\ irri oa f in the boe�aose o{ the ae on G TT\Soch hell ,,()ps'Pelk tee vs khatkhe Ater now �,� ijj%ao �\ocaked a .\, °{ � Wr r NC\A e Prop C \t anee his Wases be oSeah4old hao� r e Pob\ic Rbeing Sh° on pr'v robably t� \tho%x this b locaked � W titch ooks,de e burro ro�ect P e to ro-40 Systems piping p & op\vilson` rs Were onP`r'�aske `�'�atef to be corned ed. c°nc 5 orstrock'O n and `rfloat\ Bch reed ,Nhich all irr�$ak1 hk o{ \fiVl items Wh d others an ob11c WAS as Staked se gess kO a Shed octon °{ V�1r1s� p Mya\\s' feVrarop 1n\eta ac be tO ish Co Sir tO re n fin The te sYsk eats or ACNE a accomP�ished onneeds impr°gem items need to b ookh side °f �N %\s r �' the following itch alon�khe S \vert acr°ss �\1s°. W d .�'' aIstr .`k\ebOvvo concrete pipe iG . 5kanda metalas. and ��hw X11 c2�813p5. e corro$ak� a � h 83, 4A • Ph 2 �h (IdoG . Bo\Se \dQho '149 Eds\ 3I JAMES E. BRUCE, President SHERRY R. HUBER. Vice President SUSAN S. EASTLAKE, Secretary Shari Stiles OW L Planning Administrator Rk 33 E. Idaho M 2 2 M Meridian, ID 83642 Re: D & B Supply Sidewalks Dear Ms. Stiles: May 16, 1995 This letter is to explain the District's requirements on the subject development and to suggest how the City may want to handle sidewalks around this project and the adjoining vacant land. 1. Fairview Avenue: The District required the construction of sidewalk along the frontage of the part of the parcel being developed. If the City wishes to require the construction of sidewalk along the balance of the property, we recommend that the sidewalk be placed so that the back of the sidewalk is along the right-of-way line, which will be an extension of the existing sidewalk in front of the building. 2. Locust Grove Road We recommend that sidewalk n.Ql be constructed along this frontage, because the District will be constructing this section of roadway in the next few years and will probably have to remove any sidewalk along this frontage. At this time, District staff cannot accurately identify if additional right-of-way will be required along Locust Grove Road until the design has been completed. That design is currently programmed to begin in FY 1996, but may be pushed back because of funding limitations. If the sidewalk is installed now, it may have to be removed when the project is constructed. 3. Wilson Lane The District required curb, gutter, sidewalk and pavement widening along the portion of the property being developed at this time and a 24 -foot paved roadway from the property out to Locust Grove Road. If the City wishes to require the construction of sidewalk at this time, the District will require the additional construction of the curb, gutter and pavement widening. The distinction between Wilson Lane and the other two roadways is ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 that Wilson is a local street and the other two are arterials. If a developer installs sidewalk along the local street, the balance of the improvements should be installed at the same time. If you have any questions, please call me at 345-7680. Sincerely, Sale Development Services Supervisor------_ ! j ! cc: Chron Project File Engineering Services Traffic Services Right -of -Way Services Plans and Surveys Jim McGarvin/West Valley Builders/P.O. Box 1056/Caldwell, Id 83606 Jun Merkle, P.E./Hubble Engineering, Inc. JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Mr. James C. Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 Re: NEB -I Annexation Fairview/Locust Grove Right -of -Way Requirement Dear Mr. Merkle: MAY 151995 V May 11, 1995 When this application was processed as an annexation/zone change, ACHD included in its recommendations to the City of Meridian a requirement for 58 -feet of right-of-way dedication from the centerline of Fairview Avenue. Later, when the conditional use permit was processed, it was determined that only 54 -feet would be necessary and was so reported and recommended to the City for inclusion in their approval conditions. When the staff member was reviewing the site plans, he did not review the file for the conditional use permit, and thus reported to you the requirement for 58 -feet of dedication. Since the site was developed recognizing this amount of dedication, the District will pay for the 58 -feet (8 additional feet) along the D and B frontage only. When the balance of the property is developed, the District will only acquire 54 -feet. I hope this clarifies the situation. Note that these dimensions are from the centerline of Fairview Avenue, and not the section line. The information in your letter regarding Locust Grove Road is correct. We will acquire sufficient right-of-way to have 45 -feet from the centerline of Locust Grove. Please review the construction plans for the reconstruction of this intersection. The intersection may have been shifted off of the section line also. Sincerely, �i L L S e Development Services Supervisor cc: Chron Project File Right -of -Way Engineering Services Plans & Surveys coda county highway district 318 East 37th • Bolse, Idaho 83714 • Phone (208) 345-7680 C7 GLENN J. RHOD=S. President SHERRY R. HUBER. Vice President JAMES E. BRUCE. SeCr9tory I], James C. Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Ct. Boise, ID 83709 RE: D & B Supply Fairview e/o Locust Grove November 3, 1994 Via Facsimile MERDBSUP.MBR In order for the District to approve the above noted project, the following conditions must be complied with. Show the required right -o£ -way line at 58 -feet from centerline of Fairview Avenue. The existing right-of-way line appears to be 50 -feet from centerline at the east boundary of the project. '---2. Provide a note on the plans that requires construction of a 5' wide concrete sidewalk along the new Fairview Avenue right-of-way line. This sidewalk requirement may be satisfied by a $4,505.00 deposit to the Public Rights -Of -Way Trust Fund at the District for same. 3. Provide a paved approach (5' from the edge of the roadway should be sufficient) for the existing driveway on the south aide of Wilson Lane. On Sheet C-4, the typical street sections for Wilson Lane o ld show the gravel shoulders. 5. The impact fee assessment will be calculated and collected at Meridian City Hall. If you have any questions or comments, please call me at 345-7662. r Stuart Wict,��L4ve. et nalyst Development Services SCR/scr cc: Project File Chron File ada county highway district 318 East 37th * Boise. Idaho 83714 • Phone (208) 348.7480 06/30/95 13:11 $208 345 7650 ACRD 10001/002 w lLi7c JAMES E. BRUCE, President SHERRY R. HUBER, Vlce President SUSAN S. EASTLAKE, Secretary To. Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83705 West Valley Builders P. O .Box 1056 Caldwell, Idaho 83606 RE: D & B Supply Final Occupancy June 30, 1995 Ms. Sheri Stiles Planning and Zoning Administrator City of Meridian 33 Eat Idaho Meridian, Idaho 83642 Mrs. Barbara Myall 6227 Marlborough Drive Goleta, California 93117 The following comments are being made after reviewing construction of the D & B Project located at Fairview and Wilson Lane, and in response to communications from the Myalls. It appears that the original irrigation waste water ditch flowed along the north side of Wilson Lane, this waste water now flows in the borrow ditch on the south side. ACHD does not like borrow ditches to be used for irrigation because of the additional maintenance required. The D & B project probably should have relocated all irrigation ditches which were on the north side of Wilson Lane to outside of the public Right of Way on their property; but the street construction plans were approved without this being shown. ACHD's policy requires that all irrigation and irrigation waste water systems be located on private property outside the public Right of Way. The MyalIs' letter has stated several items which need to be corrected; piping the irrigation waste system, a drop inlet, access to a shed and others which do not concern the street improvements or ACHD. ' The following items need to be accomplished to finish construction of Wilson Lane. 1. The borrow ditch along the south side of Wilson Lane needs to be re -graded to District Standards. 2. The corrugated metal and concrete pipe -culvert across Wilson Lane at Locust Grove ada county highway district 318 East 37th • Bolse, Idaho 83714 • Phone (208) 345-7680 JUN 30 '95 13:01 208 345 7650 PAGE.01 06/30/95 13:12 '0208 345 7650 �c�no ACHD 10002/002 JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary needs to be cleaned out and a drop inlet or pipe extended along the south side of Wilson Lane to pickup water flowing in the borrow ditch. 3. Access to the Myall's shed should be provided. Please call me at 345-7662, should you have any questions. Sincere , )on D. Dev op ent Services Ada Co my Highway District ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 JUN 30 '95 13:02 208 345 7650 PAGE.O2 JAMES E, BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Shari Stiles Planning Administrator 33 E. Idaho Meridian, ID 83642 Re: D & B Supply Sidewalks Dear Ms. Stiles: May 16, 1995 This letter is to explain the District's requirements on the subject development and to suggest how the City may want to handle sidewalks around this project and the adjoining vacant land. Fairview Avenue: The District required the construction of sidewalk along the frontage of the part of the parcel being developed. If the City wishes to require the construction of sidewalk along the balance of the property, we recommend that the sidewalk be placed so that the back of the sidewalk is along the right-of-way line, which will be an extension of the existing sidewalk in front of the building. 2. Locust Grove Road We recommend that sidewalk not be constructed along this frontage, because the District will be constructing this section of roadway in the next few years and will probably have to remove any sidewalk along this frontage. At this time, District staff cannot accurately identify if additional right-of-way will be required along Locust Grove Road until the design has been completed. That design is currently programmed to begin in FY 1996, but may be pushed back because of funding limitations. If the sidewalk is installed now, it may have to be removed when the project is constructed. Wilson Lane The District required curb, gutter, sidewalk and pavement widening along the portion of the property being developed at this time and a 24 -foot paved roadway from the property out to Locust Grove Road. If the City wishes to require the construction of sidewalk at this time, the District will require the additional construction of the curb, gutter and pavement widening. The distinction between Wilson Lane and the other two roadways is ada county highway district 318 East 37th • Boise, Idaho 83714 9 Phone (208) 345-7680 that Wilson is a local street and the other two are arterials. If a developer installs sidewalk along the local street, the balance of the improvements should be installed at the same time. If you have any questions, please call me at 345-7680. Sincerely, it=s' Sale Development Services Supervisor cc: Chron Project File Engineering Services Traffic Services Right -of -Way Services Plans and Surveys Jim McGarvin/West Valley Builders/P.O. Box 1056/Caldwell, Id 83606 Jim Merkle, P.E./Hubble Engineering, Inc. FACSIMILE COVER PAGE To: SHARI STILES From: Dick Schrandt Time: 14:53:13 Date: 4/23/95 Pages (including cover): 1 Just a quick note to make sure you received an invite to the Chamber After Hours Thursday nite at the almost - complete store site. Hope to see you there. APR 24 '95 14:54 PAGE.01 December 21, 1994 Project No. 94-189 City of Meridian Department of Public Works 99 E. Idaho Street Meridian, Idaho 83642 RE: D & B Supply Construction Drawings To Whom It May Concern: RECEIVED Jc% 2 2 1594 AiOMAN CITY ENGINEER I have received and reviewed the proposed irrigation piping design for the Highline No. 48 Lateral which is located along the north boundary of the D & B Supply site, on the corner of Locust Grove Road and Fairview Avenue. The design is adequate to the needs of our Highline No. 48 Lateral User Group. Sincerely, Euge Beck wQ7�- om end '3roeose'6( ` f�� I WHITE, PETERSON, PRUSS, MORROW & August 20, 1996 Shari Styles, City of Meridian Planning and Zoning Administrator 33 E. Idaho Meridian ID 83642 GIGRAY, P. A. E -Mail via InterNet:law®micron.net Re: D&B Supply Occupancy Permit, 1725 E. Fairview Ave., Meridian ID 83642 Dear Ms. Stiles: Please find enclosed the inspection report dated July 9, 1996, from the Ada County Highway District showing that all work on the "shoulders has been completed, irrigation pipe in place with manhole collars, borrow ditch reconstructed on the south side - O.K." I believe that my client has met the requirements for occupancy permit and seeks to have this matter processed for the issuance of the final occupancy permit. If there are reasons why this cannot be accomplished at this time, I would appreciate a written notification as to what those reasons are. We await your response. Very truly yours, //"- 7`" Wm. F. Gigr y, 7 cc: Dick Schrandt, Rod Snyder Daniel V. Steenson c/o Ringert, Clark ey/D&b0ccupancy.1tr ATTORNEYS AT LAW WM. F. GIGRAY, III 104 NINTH AVENUE SOUTH DANIEL R. HARDEE POST OFFICE BOX 247 JOHN D. HARRINGTON NAMPA, IDAHO 83653-0247 WILLIAM A. MORROW (208) 466-9272 (208) 888-1482 CHRISTOPHER S. NYE PHILIP A. PETERSON FAX (208) 466-4405 STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE August 20, 1996 Shari Styles, City of Meridian Planning and Zoning Administrator 33 E. Idaho Meridian ID 83642 GIGRAY, P. A. E -Mail via InterNet:law®micron.net Re: D&B Supply Occupancy Permit, 1725 E. Fairview Ave., Meridian ID 83642 Dear Ms. Stiles: Please find enclosed the inspection report dated July 9, 1996, from the Ada County Highway District showing that all work on the "shoulders has been completed, irrigation pipe in place with manhole collars, borrow ditch reconstructed on the south side - O.K." I believe that my client has met the requirements for occupancy permit and seeks to have this matter processed for the issuance of the final occupancy permit. If there are reasons why this cannot be accomplished at this time, I would appreciate a written notification as to what those reasons are. We await your response. Very truly yours, //"- 7`" Wm. F. Gigr y, 7 cc: Dick Schrandt, Rod Snyder Daniel V. Steenson c/o Ringert, Clark ey/D&b0ccupancy.1tr 08/13/1996 15:11 2084598?78 WEST VALLEY BUILDERS WEST VALLEY BUILDERS, INC. P. O. BOX 1056 Caldwell, ID 83606 (208) 459-0333 FAX (208) 459-8278 PAGE 01 ATTN: p FAX 0: (o U _ DATE: �^ PAGES (including core. shoot). -s FROM: NOTES: 08/13/1996 15:11 2084598278 97i09/9e 08:46 0208 346 7630 VEST VALLEY BUILDERS ACRD Form ACHO I-24 2/19/81 INSPECTION REPORT PAGE 02 lao0l: 001 Sheet Of Project 4Inspector M 'v Contractor Date Permit # 4KRequired improvements are complete as per plans on file and Ada County Highway District Standards and Specifications. 6xeeptions noted below. Z:J The following improvement portions are complete as per plans on file and Ada County Highway District Standards and Specifications: lxceptions noted below. Post -W Fax Note 7671 'ale _9 TOIL AdFroa�.r J ., F G Co. one i88 —� �/ / Phone• x 7 - Fax a Additional Cowwnts : &.11 Wnek „51 c CmMop, &!Mr% f�TE: If applicable, letter of release or partial release shall be available two (2) workina days after this report is completed. (7 Notify the following when letter is available to pick up; otherwise letter will be mailed out on a routine basis. /% Developer Ly Contractor Si caned • ) sp for —44 Original/office use Yellow%Developer Pink/Prime Contractor Barbara C. Myall 6227 Marlborough Drive Goleta, CA 93117 805-683-1771 July 29, 1996 Bruce Freckelton, Public Works Gary Smith, City Engineer Shari Stiles, Planning and Zoning City of Meridian 33 E. Idaho Street Meridian, ID 83642 P�t or pe- � :- I RECEIVED AUG 0 2 1906 CITY END#4EEfi As I requested, the Waste Water Department, Dan Higgs, sent me a copy of the well report at the residence at 1470 North locust Grove Road. Thank you. We observed that the City or the DEQ has taped off the contaminated soil site surrounding the leaking sewer manhole on the South side of Wilson Lane. I would like to be informed as to what the City is going to do with the contaminated soil. I was told that the contractor for D & B, who installed the irrigation/waste water drainage pipe, had broken the sewer line and, subsequently, gravel had entered and plugged the sewer line. I was also told that the City was going the further inspect the sewer line by running a snake with a T.V. camera in the sewer line to determine if there are/were additional breaks. I would like to be informed as to the outcome of this inspection of the sewer line the entire length of Wilson Lane, as any breaks east of the current break could also adversely affect our domestic water system. Thank you for your immediate attention to this matter. Sincerely, c.M Barbara C. Myall ccDan Steenson/Ringert Clark I" --- '�'� U u RINGERT ♦ CLARK CHARTERED William F Ringers D. Blair Clark LAWYERS James Reid R. Jeffrey R. Christenson James P. Kaufman 1 -aura E. Burr, Allyn L. Sweeney Patrick D. Furey Michael J. Doolittle, David Rammerquist Daniel V. Steenson Steven C. Mahaffy April 18, 1996 Samuel Kaufman (1921-1986) Larry Sale Ada County Highway District 318 East 37th Street Boise, Idaho 83714 Shari Stiles Planning & Zoning Administrator City of Meridian 33 I. Idaho Avenue Meridian, ID 83642 Re: D & a Supply development - construction and activity adversely impacting the Myall property at Wilson Lane Dear Larry and Shari: I received a copy of the construction plans for D & B's tiling of the waste ditch within ACHD's right of way and forwarded them to the Myall's for their review. Thanks Larry for having the copy delivered to me. I am enclosing for your consideration and response a letter from the Myall's with their questions concerning the plans, installation of the pipe, and repair of prope:'ty damage related to D & B's relocation of the drain ditch last summer. I have advised the Myalls that questions pertaining to the installation of the pipe should be addressed by ACHD and D & B, and questions pertaining to property damage and the arborvitae screening should be addressed by the City and D & B. Please review the Myalls' letter and write me a letter with your response. Yours ver truly, Daniel V. Steenson cc: Barbara Myall William F. Gigray III 455 South Third Street ♦ P.O. Box 2773 ♦ Boise, Idaho 83701 ♦ 208/342-4591 FAX 342-4657 May 8, 1996 JAMES E. BRUCE, President SHERRY R, HUBER, Vice President SUSAN S. EASTLAKE, Secretary D & B Supply Company, Inc. 1725 Fairview Ave Meridian, ID 83642 Re: Response to Daniel Steenson/Barbara Myull Letter April 18, 1996 Gentlemen: I am writing in response to the letter from Barbara C. Myall to Daniel V. Steenson, dated April 17, 1996. In that letter, Mrs. Myall raised certain points that require response. Those responses are as follows: 1. All material placed on the Myall's property by the D & B contractor should be removed. While that is not a matter directly under the authority of the Highway District, District inspectors will request the contractor to clean up the area in accordance with good construction practice. Likewise, all unused material left on the right-of-way will be removed and disposed of properly. 2. All existing driveways to the Myall's property will be replaced and/or repaired to match the condition existing at the beginning of construction. it is not necessary to show the location of utility stubs on the plans for the irrigation line replacement, although any damage to those stubs will be the responsibility of the contractor to repair. 4. The flow calculations were submitted separately to the District and approved. They are not normally shown on the plan sheets. 5. The damage to the NW corner of the Myall's property should be repaired. Again, this is not under the direct jurisdiction of the Highway District, since the contractor is not an agent of the District. This repair may be coordinated with the District's contractor for the Locust Grove Road/Fairview Avenue improvement project. Apps\shared\dstech\subs\d&bmyal l.lt4 Page ] ada county highway district 318 East 37th • Boise, Idaho 83714-6499 9 Phone (208) 345-7680 6. The existing pipe that is being replaced by D & B's contractor is the property of D & B and need not be salvaged. The landscaping along the north side of Wilson Lane is also the property of D & B and not under the jurisdiction of the Highway District. Sincerely, Services Supervisor cc: Chron. Project File Traffic Services Engineering Services/Dorrell Hansen Construction Services/Jerry Hopkins Daniel V. Steenson, Esq. William F. Gigray III, Esq. David E. Wynkoop, Esq. Shari Stiles/City of Meridian Jim Merkel, P.E./Hubble Engineering, Inc. Barbara C. Myall/6227 Marlborough Drive/ Goleta, CA/93117 d a b�— F- J� r:. September 12, I995 Mr. Dick Schrandt, General Partner Schrandt Family Partnership 3303 East Linden Caldwell, ID 83605 Dear Mr. Schrandt: It has come to my attention that there are several items that need to be addressed at _your new facility on Fairview Avenue in Meridian. Most of these items are included in the development agreement which has been recorded in conjunction with _your annexation. MI. )laced in the fencin the south side of the property to screen these Although landscaping has been provided, it will be many years w,ny„`before the plantings will have any impact toward providing a screen. The existing plants 5''jt. 01 -do not appear to be receiving adequate water, as some are dying. Planting of larger, more p"'b,` off- closely spaced arborvitae in this area or construction of a slatted fence along the southern �c boundary would take care of this. outdoor storage of equipment and materials is to be adequately screened with a sight- N� obscuring fence. The materials on the west side of the building are not screened, and 6 pparently debris from these stockpiles blows into adjacent properties. t (� �� ��"-�► During the conditional use permit process, no outdoor trash areas were shown, and I was told all garbage would remain indoors and a trash compactor would be used. There has been, for some time, a large garbage bin parked in the loading bay that is usually b overflowing and is unsightly. Please immediately move this trash receptacle back in the building or provide a sight -obscuring fence around same. Complaints have also been received about dirt and dust blowing from the vacant parcel to your west. While I don't know of any resolution to this problem besides a constant watering down of the site or planting ground cover, I would like to know if you have any plans for this parcel and if you have any ideas to help alleviate this problem. Lastly, the problem with the drainage being moved to the south side of Wilson Lane remains. Little action has been taken by your engineer to resolve this problem. While I understand this issue is being worked out with the Ada County Highway District, I urge you to come to a quick resolution to this problem for the sake of all parties concerned. E T Mr. Dick Schrandt, General Partner September 12, 1995 Page Two Please contact me at your earliest convenience to let me know how you intend to comply with the Zoning and Subdivision Ordinance and your development agreement. If you would prefer that I work with your Meridian store manager on these issues, please let me know. Thank you. Sincerely, CITY OF MERIDIAN Shari L. Stiles Planning & Zoning Administrator cc: Wayne G. Crookston, Jr. Dan Steenson RINGERT LAWYERS William F Gigray III White, Peterson, et al. 104 Ninth Avenue South P.O. Box 247 Nampa, ID 83653-0247 March 4, 1996 \\ Illt:1I 111'. I ", 1gt •rt 11. 1%iir ( aork J:nnc, G. Itt•id k-un•c It. Airistenslnl Mill, I'. Kaulnl:ul Laura E. Burn .\Ilan L. Swecnc)' Puri( k U. Fun.•\' I l: rcitl I I:elln u•rtp list I .it III V. Sit.( .1 is, II 'it •\'t'it (:. \I: 11 loll\ 1:11I It 1(•1 hilt 11 Ili III l 1()!! I -11 11161 Re: D & B Supply relocation of drainage ditch in Wilson Lane Dear Mr. Gigray: The last correspondence I received regarding this matter was your December 11, 1995 letter to Larry Sale. In that letter you wrote: "I assume that Jim McGarvin and West Valley Buildings and their engineers can work directly with your department and staff without my involvement at this point to conclude this project." It was my hope also that my involvement on behalf of the Myalls in this matter would no longer be necessary. In your November 30, 1995 letter to me, D & B agreed that construction would be completed by March 31, 1996, with additional time until April 14, 1996 if weather conditions warrant. Apparently, D & B has taken no action toward even initiating the project since December 4th, when ACRD approved D & B's use of A.D.S. smooth lined pipe to replace the open ditch as proposed in your November 6, 1995 letter to ACHD. D & B has not submitted construction plans or taken any other action which would indicate that it intends to conclude the project prior to the irrigation season, which will begin in approximately one month. Please urge D & B to resolve this matter before the irrigation season and advise me by the end of this week of the construction schedule D & B proposes. By copy of this letter to Larry Sale, Shari Stiles, and Gary Smith, I am requesting that they also take whatever action is necessary to ensure that this problem is corrected before the irrigation season. I am also requesting that this matter be calendared for consideration at the next available Meridian City Council Meeting. Yo rs very truly, Danie V. Steenson cc: Barbara Myall Larry Sale Shari Stiles Gary Smith 455 SUU11I Third Street • P.O. Box 2773 • Boise. Idaho 83701 . 208/342-4--)9 F. WHITE, PETERSON, PRUSS, MORROW & December 11, 1995 Mr. Larry Sale Development Services Supervisor Ada County Highway District 318 E. 37th Boise, ID 83714 GIGRAY, P. A. With offices also in CALDWELL, IDAHO (208) 4S4-8990 Re: D &- B Supply Co., Inc. Development Agreement w/City of Meridian - Wilson Lane Matter Dear Mr. Sale: My client appreciates the Highway Districts' willingness to get this unfortunate matter resolved. I have forwarded your letter of December 4th to my client and to Jim McGarvin so we can proceed with this project. I assume that Jim McGarvin and West Valley Buildings and their engineers can work directly with your department and staff without my involvement at this point to conclude this project. If you or Dave has a problem with this, please advise. Very ly ours, m. F. , I ey cc: Dick Schrandt, Jim McGarvin, Rod Snyder, Daniel V. Steenson, Shari Stiles d&b 1/sale2.1tr ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH WM. F. GIGRAY, III POST OFFICE BOX 247 DANIEL R. HARDEE NAMPA, IDAHO 83653-0247 WILLIAM A. MORROW (208) 466-9272 (208) 888-1482 CHRISTOPHER S. NYE PHILIP A. PETERSON FAX (208) 466-4405 STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE December 11, 1995 Mr. Larry Sale Development Services Supervisor Ada County Highway District 318 E. 37th Boise, ID 83714 GIGRAY, P. A. With offices also in CALDWELL, IDAHO (208) 4S4-8990 Re: D &- B Supply Co., Inc. Development Agreement w/City of Meridian - Wilson Lane Matter Dear Mr. Sale: My client appreciates the Highway Districts' willingness to get this unfortunate matter resolved. I have forwarded your letter of December 4th to my client and to Jim McGarvin so we can proceed with this project. I assume that Jim McGarvin and West Valley Buildings and their engineers can work directly with your department and staff without my involvement at this point to conclude this project. If you or Dave has a problem with this, please advise. Very ly ours, m. F. , I ey cc: Dick Schrandt, Jim McGarvin, Rod Snyder, Daniel V. Steenson, Shari Stiles d&b 1/sale2.1tr December 4, 1995 JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Wm. F. Gigray, III White, Peterson, Pruss, Morrow & Gigray, P.A. P. O. Box 247 Nampa, ID 83863-0247 Re: D & B Supply Co., Inc. Wilson Lane Dear Mr. Gigray: This is to advise you that, in response to your request, the use of A.D.S. smooth lined pipe with bell and spigot joints has been approved for installation in Wilson Lane to replace the open irrigation ditch improperly constructed by your client in the right-of-way. The pipe shall be located with sufficient depth to allow routine cleaning of the borrow ditch that will presumably be above the buried pipe. Hancor Hi -Q Sur -Lok pipe is also approved for use in this situation. This approval is subject to the receipt and approval of design plans prepared and stamped by a professional engineer registered in the State of Idaho. The diameter of the pipe will be as determined by hydraulic calculations prepared and stamped by a professional engineer registered in Idaho. Upon approval of the plans, the work shall not be commenced until a permit to work in the right-of-way has been obtained from ACHD Construction Services. apervisor cc: Chron. Project File Engineering Services - Dorrell Hansen, P.E. Attorney Director City of Meridian Shari Stiles Daniel Steenson, Esq. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 RINGERT CLARK LAWYERS December 1, 1995 William F Gigray III White, Peterson, et al. 104 Ninth Avenue South P.O. Box 247 Meridian, ID 83653-0247 William F. Rtngen D. Blair Clark James G. Reid Jelfrey R. Christenson James P. Kaufman U-%' sura E. Burn .-\11,.n L. Sweeney Patrick D. Furey 16lich<ael J. Doolittle David liamtnerquist Daniel v. Steenson Steven C. \,lahatty Samuel Kaulman (1921-19860 Re: D & B Supply development - construction and activity adversely impacting the Myall property at Wilson Lane Dear Mr. Gigray: Thank you for your letter of November 30, 1995. We appreciate D & B Supply's efforts to resolve the issues identified by the Myalls, the City, and ACRD. With respect to item 4 at page 2 of my November 8, 1995 letter, the Myalls request that the access from Wilson Lane to their shed be restored after installation of the pipe. Enclosed is a photograph marked "shed" to show you the current access. I agree with your suggestion that D & B Supply should be allowed additional time to complete installation if weather conditions prohibit completion by March 31, 1996, so long as installation is completed no later than April 14, 1996. In addition to the items you addressed in you letter, the Myalls also request that D & B Supply repair the damage to the northwest corner of the Myalls' property caused by the installation of the trespass ditch and vehicle ruts. This damage is depicted on the marked photographs enclosed with this letter. Please advise me whether D & B Supply will address these issues in connection with the installation of the pipe. Again, thank you for your response and cooperation. Yours very. truly, 4 . Daniel V. Steenson Enclosures cc: Barbara Myall Shari Styles ✓ Larry Sale 455 SOLlth Third Street . P.O. Box 2773 . Boise. Idaho 83701 • 208/342-4391 FAX 342-4657 WM. F. GIGRAY, $ DANIEL R. HARDEE JOHN D. HARRINGTON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 (208) 466-9272 (208) 888-1482 FAX (208) 466-4405 November 30, 1995 Daniel V. Steenson Ringert Clark, Chartered P.O. Box 2773 Boise, ID 83701 Re: D & B Supply Co.,Inc. - City of Meridian Dear Mr. Steenson: In response to your letter of November 8, 1995, please note. What D & B Supply has requested as part of its proposal to tile the waste ditch along Wilson lane, as proposed in our November 6, 1995 letter to Larry Sale and David Wynkoop, is assurance that if constructed in accordance with the approved plans and specification the certificate of occupancy will be approved. D & B Supply requests continuance of interim or temporary occupancy permit pending completion of construction and approval. As to the assurances your clients requests, as stated at the top of page 2 of your letter, that will be up to the Ada County Highway District. We are still awaiting their response to the proposal of November 6, 1995. As to the items 1 through 9 on page 2, I understand that items 1 and 2 will be part of design and construction and should pose no problem unless for some reason the Ada county Highway District would not require the paved portion of Wilson Lane to be widened as a condition of development on the southside of Wilson Lane. With regard to item 3, the design should be sufficient to accommodate the historic use and flow of the waste ditch being tiled which would include storm water run off from areas served by the ditch less the D & B Supply Company property which no longer is served by the ditch. Item 4 we do not understand. Items 5 through 9 seem reasonable except that an exception should be provided for weather conditions prohibiting completion by March 31, 1996 so long as construction is completed by April 14, 1996. 7 1 � Daniel V. Steenson November 30, 1995 Page 2 Hopefully this will answer your client's questions regarding these matters with the exception of our request for further clarification of Item 4 on page 2 of your letter. Very truly yours, r ���00111 . Gig y, II vm cc: Richard Schrandt Rod Snyder Jim McGarvin Shari Stiles d&b/stsanson.1t3 DEVELOPMENT AGREEMENT V \ (\1 �J GREEMENT made the da� Uy , 1994 between THIS DEVELOPMENT A Y NEB -I COMPANY, and CITY OF MERIDIAN, an Idaho Municipal Corporation ("City"); WITNESSETH: WHEREAS, NEB -I Company does not own the land ; that the owner is Roger C. Crandlemire is the owner of the property ( "Subject Property") , see "Exhibit "A", and he has consented to this agreement; WHEREAS, NEB -I has filed an application (NEB -I Application) with the City requesting that the Subject Property be annexed into the city limits of City of Meridian, and requesting that the Subject Property be zoned General Retail and Service Commercial (C -G) under the applicable ordinances of the City; WHEREAS, following the annexation and zoning of the Subject Property by the City, NEB -I intends to develop the Subject Property for a Commercial/Retail Store (hereinafter "Retail Uses") , and other uses as may be allowed in a C -G zoning district as an allowed use or conditional use (hereafter "Other Uses"), the location of said uses being shown on the Site Plan attached hereto as "Exhibit B" and made a part hereof; WHEREAS, on September 6,1994, following public hearings held on the NEB -I Application by the Meridian Planning and Zoning Commission and the City Council of the City of Meridian, which public hearings were held pursuant to, and in accordance with, the Zoning Ordinance of the City of Meridian (hereafter "Zoning Ordinance"), the City Council of the City of Meridian made and entered findings of fact and conclusions of law ("Findings and Conclusions") with respect to the NEB -I Application, which Findings and Conclusions approve the annexation of the Subject Property into the city limits of the City of Meridian, and the zoning of the Subject Property as General Retail and Service Commercial (C -G), as the same defined in *11-2-408(11) of the Zoning Ordinance, subject to NEB -I and the City entering into a Development Agreement as authorized by * 11-2-416(L) and *11-2-417(D) of the Zoning Ordinance; WHEREAS, NEB -I has agreed, and will be required, to submit to the City an application for Conditional Use pursuant to *11-2-418 of the Zoning Ordinance, and obtain the City's approval thereof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements on the Subject Property intended for Retail Use, or Other Uses; WHEREAS, it is the purpose and intent of the Agreement to set forth the agreements of NEB -I and the City with respect to the annexation and zoning of the Subject Property, and the commitments of NEB -I with respect to the use and development of the Subject Property, which agreements and commitments will be binding upon NEB -I and its successors in title to the Subject Property; and Page 2 WHEREAS, it is the intent of NEB -I and the City to supplement this Agreement by written addenda to this Agreement, which addenda must be approved and signed by NEB -I and the City as a condition of the approval by the City of a Conditional Use Permit requested by NEB -I prior to the use and development of the Subject Property for Retail Uses, or Other s, which addenda will address, specifically, the terms, covenants and agreements of th"arti with respect to the use and development covered by said Conditional Use Permi$ \v? <�` ee NOW, THEREFORE, IN CONSIDERATION OF the mutual p j reements and undertakings of the parties, and for other good and valuable considerat , the existence and sufficiency of which is acknowledged, IT IS AGREED: 1. Recitals. The foregoing recitals are part of this Agreement, not mere recitals. 2. Annexation of Subject Property by City. The City agrees that, in accordance with the Findings and Conclusions, it shall timely complete all actions legally required to annex the Subject Property, and the whole thereof, into the city limits of the City of Meridian, Idaho. 3. Zoning of Subject Properly. The City agrees that, in accordance with the Findings and Conclusions, it shall timely complete all actions legally required to zone the Subject Property, and the whole thereof, as General Retail and Service Commercial (C -G), as the same defined in `11-2-408(11) of the Zoning Ordinance. 4. Comprehensive Plan. NEB -I agrees that the Comprehensive Plan of the City of Meridian, approved and adopted by the City on January 4,1994, is, and shall be, applicable to the Subject Property, and the development thereof. 5. Planned Commercial Development. NEB -I agrees that the Retail Uses (and all other development on the Subject Property) shall be developed as a Planned Commercial Development pursuant to "11-9-607 of the Development Ordinance. 6. Conditional Use Permits. NEB -I acknowledges and agrees that it will be required to submit to the City an application for Conditional Use pursuant to "11-2-418 of the Zoning Ordinance, and obtain the City's approval thereof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements on the Subject Property intended for Retail Use or Other Uses, it being acknowledged and agreed that NEB -I has submitted an application for a Conditional Use Permit for the D&B Supply Store. 7. Compliance with Requirements. In the development of the Subject Property, NEB -I agrees to comply with the requirements of the Meridian Police Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter ACHD), Central District Health Department, and the Nampa & Meridian Irrigation District, as set forth in the comments attached, or to be attached hereto as "Exhibit C" and made a part hereof. Page 3 �J 8. Development Covenants- General. NEB -1 c C� aliand agrees that in connection with the development of the Subject Property as may be proved by the City pursuant to Conditional Use Applications filed by NEB -I, NEB -1 shall, at its cost and expense, do and perform the following, it being acknowledged that the performance by NEB -1 of the following obligations which involve construction on or alteration of the Subject Property, will be performed and completed by NEB -1 at such time as the portion(s) of the subject Property upon which such construction or alteration is located is developed by NEB -1 unless otherwise provided hereafter. (a) Berming_ Fairview Avenue. Construct a berm within the Subject Property along the full length of the developed Subject Property adjacent to the south right-of-way line of Fairview Avenue ("Fairview Avenue Berm"). The Fairview Avenue Berm shall be a minimum of Twenty -Five Feet (25) in width and will range in height above the grade of the adjacent parking area from two feet (2') to four feet (4'). The Fairview Avenue Berm will be extended into the Subject Property a minimum of forty feet (40') from the property line on each side of the entrances to the Subject Property off Fairview Avenue. The Fairview Avenue Berm, irid . iRg the will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by and approved by the City as apart of a Conditional Use Application proposed by NEB -l. (b) Berming - Locust Grove Road. Construct a berm within the Subject Property along the full length of the Subject Property adjacent to the east right-of-way line of Locust Grove Road ("Locust Grove Berm") as such abuts the portion of the Subject Property to be developed for Retail Uses. The Locust Grove Berm shall be a minimum of Fifteen feet (15') in width and will range in height above grade of the adjacent parking area from two feet (2') to four feet (4). The Locust Grove Berm will be extended nito the Subject Property a minimum of Thirty feet (30') from the property line on each side of the entrances to the Subject Property off Locust Grove Road. The Locust Grove Berm, including the entrance extensions, will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by NEB -1 an approved by the City as a part of a Conditional Use Application for the adjacent C -G Uses proposed by NEB -I, and shall be constructed and installed prior to the opening for business of the C -G Uses on the Subject Property. (c) Curb Gutter and Sidewalk - Fairview Avenue. At the time of the construction of the initial building constructed on the Subject Property for a Retail Use, construct curb, gutter, a Five foot (5.0') concrete sidewalk and match paving in the public right-of-way of Fairview Avenue along the developed length of Subject Property adjacent to the north boundary of the Subject Property (Fairview Avenue CG&S). The Fairview Avenue CG&S shall be constructed in accordance with the standards and specifications of Ada County Highway District (hereafter "ACRD") in effect at the time of construction. Pursuant to the approval to be granted to NEB -1 by ACHD for the development of the Subject Property. NEB -1 will be compensated for these improvements, excluding the sidewalk, from available impact revenues in the benefit zone in which the Subject Property is located. (d) Curb Gutter and Sidewalk - Locust Grove Road. At the time of the construction on lots 14-17 Pleasant Valley Subdivision, for a CG zoned use, construct curb, gutter, and a five foot (5.0) sidewalk and match paving in the public right-of-way of Locust Grove Road along the Page 4 Subject Property adjacent to the west boundary of that portion of the Subject property which will be developed for CG Uses (Locust Grove CG&S"). The Locust Grove CG&S shall be constructed in accordance with the standards with the standards and specifications of ACHD in effect at the time of construction. Pursuant to the ACHD Staff Report, NEB -I will be �­; compensated for these improvements, excluding the sidewalk, from available intact revenues in the benefit zone in which the Subject Property is located.\U� (e) Dedication of Additional R -O -W - Fairview Aven to that land required and adjacent to the existing south right-of-way line of Fairview Ave required to meet ACHD's requirement for a fifty-seven foot (57.0') right-of-way from the center line of Fairview Avenue. Pursuant to the ACHD Staff Report, NEB -1 will be compensated for the land so dedicated for right-of-way from available impact fee revenues in the benefit zone in which the Subject Property is located. (f) Dedication of Additional R -O -W - Locust Grove Road. Dedicate twenty feet (20.0) of land adjacent to the existing east right-of-way line of Locust Grove Road required to meet ACHD's requirement for a forty-five (45.0) right -of-way from the center line of Locust Grove Road. Pursuant to the ACHD Staff Report, NEB -1 will be compensated for the land so dedicated for right-of-way from available impact fee revenues in the benefit zone in which the Subject Property is located. (g) Alignment of Entrances - CG Uses. Align the entrances to the CG zone Uses from Locust Grove Road to minimize to the extent possible the impacts of automobiles entering and exiting the portion of the Subject Property developed for CG Uses. (h) Subdivision plat (s. If required by the Development Ordinance, NEB -I shall timely prepare, submit, and obtain the required approval by the City of a subdivision plat for the Subject Property, said plat(s) to be in conformity with the requirements of the Development Ordinance. (i) Plan Approvals. Timely submit and obtain the required approval by the City of all drainage and grading plans, building plans, lighting plans, landscaping plans, parking and other plans relating to the development of the Subject Property in accordance with the Conditional Use Permit obtained for each development on the Subject Property. 0) Traffic Studys) Provide to the City and ACHD a traffic impact study prepared by a recognized traffic engineer within 30 days of Conditional Use Application filing by NEB -I for the Retail Store. The traffic impact study will be updated at the time the Conditional Use Application is filed by NEB -I for the Other Uses and/or any expansion of the Retail Uses. (k) Compliance with ACHD Conditions of Approval. In the development of the 'Subject Property, comply with the terms and conditions of the approval by ACHD of the annexation and zoning of the Subject Property, as set forth in the ACHD Staff Report, or as may be required by ACHD with respect to the approval by ACHD of the Conditional Use Applications to be filed by NEB -I. Page 5 (1) Water and Sewer Service. Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All w r and sewer facilities constructed or installed by NEB -1 on the Subject Property shall be4macc dance with plans and specifications therefor which shall be first approved by the C' (m) Landscaping - General. Construct and install all �cd areas, as shown on the plans to be submitted and approved by the City, with sod and spl ter irrigation ation system, except as otherwise expressly noted on said approved plans. All shrubs and trees planted on the Subject Property will comply with the City's landscape requirements, unless otherwise expressly approved by the City in connection with a specific Conditional Use Permit issued by the City with respect to the development of the Subject Property. (n) Payment of Impact Fees. Pay, in accordance with an ordinance of the City of Meridian in effect at the time of the submission by NEB -1 of a Conditional Use Application, impact fees, transfer fees (if applicable), development fees, or similar fees or assessments which may be imposed upon, or by reason of, the development of the Subject Property, based on the uses to be developed on the Subject Property. NEB -1 acknowledges that at the date of this Agreement, the City does not have in force and effect an ordinance requiring the payment of such fees, but has under consideration such an ordinance. NEB -1 waives the right, if any, to object to the imposition of such fees on the grounds that the Subject Property was annexed and zoned prior to the adoption of such an ordinance. 9. Remedy for Breach. It is agreed that, if NEB -1 breaches the terms and covenants of this Agreement, the City shall have the right to de -annex the Subject Property from the City limits of the City of Meridian, said remedy to be in addition to all other remedies allowed by law or equity, including the remedy of specific performance, the parties hereto declaring that with respect to many of the obligations of NEB -1 contained herein, it is impossible to measure in money the damages which will accrue by reason of a failure of NEB -1 to perform all of its obligations under this Agreement. 10. Notices. Any Notice to be given under and pursuant to the terms of this Agreement shall be deemed delivered if and when personally delivered or deposited in the Unites States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: In the case of City of Meridian: With a copy to: City of Meridian Wayne G. Crookston,Jr. 33 East Idaho Ambrose Fitzgerald & Crookston Meridian, Idaho 83642 P.O. Box 427 Meridian, Idaho 83680 Attention: Planning Director Page 6 In the case of NEB -I: Mr. Dick Schrandt D&B Supply 3303 E. Linden c\ Caldwell, Idaho 83605 A party shall have the right to change its address by deliver`i� to the other party a written notification thereof in accordance with the requirements of this Section. 11. Construction. All parties hereto have either (i) been represented by separate legal counsel, or (ii) have had the opportunity to be so represented. Thus, in all cases the language herein shall be construed simply and in accordance with its fair meaning and not strictly for or against a party, regardless of which party prepared or caused the preparation of this Agreement. 12. Attorney's Fees. In the event a party defaults in the performance of the obligations required of that party under the terms of this Agreement, the non -defaulting party(s) shall be entitled to be reimbursed all attorneys' fees incurred in connection with such default, whether or not suit or action be filed, and if a suit or action is filed to interpret or enforce this Agreement, such attorney's fees and costs, in addition to costs and disbursements allowed by law shall include those incurred with respect to an appeal. 13. Modification. The parities may at any time hereafter modify of amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parities hereto. Nothing herein is intended, nor shall it be construed, as obligation a party to agree to any modification to this Agreement. 14. Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 15. Severability. If any provision of this Agreement is held to be invalid, illegal, unconscionable or unenforceable in any respect, such shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal, unconscionable or unenforceable provision had never been included herein, all other terms and provisions remaining effective and in force to the fullest extent permitted by law. 16. Waiver. The failure of a party to insist, in any one or more instances, upon strict performance of any term, covenant or condition of this Agreement or in any instrument or document referred to herein or contemplated hereby, or to exercise any option contained herein, shall not be construed as a waiver, or a relinquishment for the future, of such term, covenant, condition, or option, but the same shall remain and continue in full force and effect. 17. Succession. This Agreement shall inure to and shall bind the respective heirs, personal representatives, successors and assigns of the parties. Page 7 18. Time is of the Essence. Time is of the essence in this Agreement. 19. Recordation. This Development Agreement shall be record ' hcial records of Ada County, Idaho. 20. Entire Agreement. This Agreement represen a greement between the parties concerning the subject matter hereof. All previous a ments, written or oral, between the parties are hereby merged into this Agreement and are superseded, and said prior agreements shall be or no further force or effect. Any modification to this Agreement shall not be enforceable unless in a writing signed by the parties. IN WITNESS WHEREOF the parties have hereunto executed this Agreement the day and year first above written NEB -1 COMPANY CITY OF MERIDIAN BY BY Title: EXHIBIT LIST 2. EXHIBIT A - DESCRIPTION OF PROPERTY EXHIBIT B - SITE PLAN 3. EXHIBIT C - DEVELOPMENT REQUIREMENTS- AGENCY COMMENTS MERIDIAN CITY COUNCIL MEETING: November 1 1994 APPLICANT: NEB4 COMPANY (D&B SUPPLY) AGENDA ITEM NUMBER: 9 REQUEST: CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACTS AND CONCLUSION OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: SEE ATTACHED COMMENTS IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 6 HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 MEMORANDUM GRANT P. KINGSFORD Mayor TO: Plan�nin�g&zoning, Cojms� ,Mayor and Council FROM: Sfian L. Stiles, P�lannin+gl,& Zoning Administrator DATE: October 7, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman - Planning & Zoning SUBJECT: Request for a Conditional Use Permit for D&B Supply by Neb-i Company 1. Sixty-eight (68) three-inch (3") caliper trees are required for the plan shown. Applicant is to submit fully detailed landscape plan as part of the application for building permit. 2. Parking area needs to be broken up with landscaping, preferably every 100 to 150 feet. 3. Applicant should provide screening landscape strip along southern border except where designated accesses are planned and except where necessary to provide a clear vision triangle. 4. Five-foot (5') sidewalks are to be constructed along Fairview Avenue and Wilson Lane. 5. Storage of equipment and materials is to be adequately screened from view on all sides. 6. A total of 11 handicapped parking spaces is required. Two (2) of these require an eight - foot (8') access aisle. These spaces must be designated with appropriate striping and signage. COPY BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION D & B SUPPLY COMPANY, INC. CONDITIONAL USE PERMIT NEB -i COMPANY 1885 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on October 11, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Dick Schrandt, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 11, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 NEB -i - D & B SUPPLY CO. 2. That the property is located within the City of Meridian; that the property is in the Locust Grove District as shown on page seven of the Meridian Comprehensive Plan and in an area classified as a Mixed/Planned Use Development Area on the Generalized Land Use Map; it is located on Fairview Avenue, a principal arterial entrance to the City, and is described in the application which description and is incorporated herein. 3. That the property was proposed in Applicant's annexation and zoning application to be zoned C -G, General Retail and Service Commercial, which does not require a conditional use permit to develop a general merchandise retail store and parking lot, but the Findings of Fact and Conclusions of Law for the annexation of the property state in Conclusion N. 13, as a condition of annexation, to . . . that any use or development of the property shall only be allowed as a conditional use with design review"; it is likely, that the property will be zoned C -G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 NEB -i - D & B SUPPLY CO. encourage clustering of commercial development. 5. That the Applicant is not the owner of record of the property; that the owner of record is Roger C. Crandlemire and he has authorized the conditional use application. 6. That the present use of the land is for pasture and farmland. 7. That the proposed use by the Applicant is for a single general merchandise retail store of approximately 50,000 square feet which would provide merchandise in the following areas: Lawn and Garden, Hardware and tools, Plumbing and Electrical, Work and Casual Clothing, Toys,, Tack and Animal Health, and Agricultural Supplies; and an associated parking lot; that the Applicant submitted drawings of the proposed layout of the building that is proposed to be constructed but they were not construction drawings; they did not show the 35 foot landscaping which was required under the Findings of Fact and Conclusions of Law adopted by the City Council on the annexation and zoning; that the Applicant's representative had stated at the Planning and Zoning hearing on the annexation and zoning that he had a problem with the comment that a 35 foot landscape setback was required; that at the public hearing the Applicant's representative stated that Applicant was now proposing a 25 foot setback. 8. That at the public hearing Dick Schrandt, of D-'& B Supply, the proposed user of the property, stated that there would be more trees than shown on the submitted drawings, that there FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 NEB -i - D & B SUPPLY CO. 0 • would be screening to Wilson Lane, that a development agreement had been submitted, that they had no problem with complying with the Meridian staff comments, that the store would be attractive, and that he had no knowledge of what was going to be built on the four lots to the west of the D & B Supply store. In response to a question from Commissioner Tim Hepper he (stat that the 35 foot landscape set back was too much land but that they would provide 25 feet. He further stated that there would be 68 3 -inch caliper trees, decorative shrubbery, landscaping across the back of the store, and that they would improve Wilson Lane. In response to the testimony of Tom Zabala, discussed below, Mr. Schrandt stated that they would add to the landscape on the south, that there would not be unlimited access to the south, that there would be two 40 foot accesses from Wilson Lane, that deliveries would be made during normal business hours, that it would be a clean retail store, that they would use propose forklifts, that water runoff would be maintained on-site, that there would be fencing and landscaping around the building, and that they would do the screening necessary. 9. Tom Zabala testified, and submitted a written copy of his testimony, that he was testifying on behalf of Tom and Barbara Myall; that he had reviewed the site development plan; that conditions should be required so that development would be done in accordance with the Ordinances and the Comprehensive Plan; that the landscaping on the south shown on the plans was inadequate; that FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 NEB -i - D & B SUPPLY CO. the lighting was bad; that trucks and vehicles would be a problem; that he had developed a site plan and he submitted that into evidence; that the Myall's property would probably be developed into office or high density residential; that there should be a condition that the south should be landscaped and there should be protection of the property to the south that relate to noise, refuse, lighting and debris; that there should be right-of-way improvements that limits access to property on Wilson Street; that there should be a five to six foot solid screen of the property to the south; that there should be five to six foot planters for conifer and deciduous trees; that there should be sprinklers for the landscaping; that access to Wilson street should be limited to two accesses; that the lights should be shielded so they do not shine to the south; and there should be curb, gutter and sidewalk on Wilson Street. 10. Tom Myall testified that he and his wife were the owners of 1470 N. Locust Grove Lane, Meridian, Idaho, (which is the property to the south of the subject property); that as commercial development encroaches in an historically rural residential; that the land is in a mixed-use area; that there are policies applicable to development, specifically 5.18U, page 28, (of the Meridian Comprehensive Plan) which states: "Existing residential properties will be protected 'from incompatible land -use development in those areas. Screening and buffers will be incorporated into all developments requests in this area."; that the screening was addressed in the Findings of Fact and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 NEB -i - D & B SUPPLY CO. 0 Conclusions of Law adopted on the annexation under 11-9-605 G 1. and that requires a 20 foot planting strip next to commercial or industrial uses to screen residential properties; that he mentioned the following items that he stated were applicable to this development: 11-2-413 B 1. c.,d.,f., and h. 11-2-413 C 12. a. 11-2-414 D 2. a., b., c. and d., and 3; he stated that he had the following concern: "That there was potential glare from the parking area lights and the rear store security lights and potential for contaminated water run-off from the parking area and building."; and stated that he had the following suggestions: 1. Landscaping, berming and fencing be increased from what is shown on the site plan to extend the length of the property. 2. Limit the ingress/egress points on Wilson Street to two or three access points, one or two curb cuts at the west end and one curb cut at the east end. 3. That drainage enter a sewer system. 4. That during construction ingress and egress to their residence not be blocked at any time. 11. That one of the conclusions made for the annexation and zoning was that prior to annexation and zoning of C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11- D; the annexation and zoning conclusions stated some of the matters that needed to be included in the development agreement; the development agreement has not been entered into as of the date of the conditional use hearing and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 NEB -i - D & B SUPPLY CO. no annexation ordinance has been adopted since the development agreement was a condition to passage of an annexation ordinance. 12. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 13. That the Ada County Highway District commented that a 5 - foot wide concrete sidewalk was required along Fairview Avenue abutting the parcel; that a minimum separation of 460 feet from the near edge of Locust Grove Road to the westerly access point driveway on Fairview and that driveways on Fairview Avenue must be constructed as curb return type approaches with a minimum throat of 30 -feet and a 5 -foot radii; that construction of Wilson Lane must be one-half of a 41 -foot back-to-back street section with vertical curb, plus 12 -feet of paving and 5 -foot concrete sidewalks along the subject parcel, that access points on Wilson Lane shall be clearly delineated, and Wilson Lane must be constructed from the west end of this parcel to Locust Grove Road with 24 -feet of paving; and that an easement and public turnaround must be constructed and provided at the east end of Wilson Lane and that there must be coordination of the design and location with ACRD development staff. 14. That the City Planning Director commented that 68 3 -inch caliper trees are required for the plan shown; that Applicant is to submit fully detailed landscape plan as part of the application for building permit; that the parking area needs to be broken up with FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 NEB -i - D & B SUPPLY CO. landscaping, preferably every 100 to 150 feet; that Applicant should provide a screening landscape strip along the southern border except where designated accesses are planned and except where necessary to provide clear vision triangle; that 5 -foot sidewalks are to be constructed along Fairview Avenue and Wilson Lane; that storage of equipment and materials is to be adequately screened from view on all sides; and a total of 11 handicapped parking spaces is required, that two of these require an 8 -foot access aisle, and the spaces must be designated with appropriate striping and signage. 15. That the City Engineer did not file comments on the Conditional use Application, but if he does prior to the City Council hearing they will be incorporated herein as if set forth in full; that the Meridian Fire Chief commented that all codes, water and hydrant --requirement will need to be met; that the Central District Health Department, Nampa & Meridian and Settlers Irrigation Districts, and Idaho Power Company submitted comments and they are incorporated herein as if set forth in full. 16. That Fred Mack, attorney at law, representing Barbara Myall who owns 16 acres directly south of the subject property submitted a letter in which he stated that he had reviewed the Application and site plans; that since the Findings of Fact and Conclusions of Law on the annexation required disclosure of-; the proposed uses, but that nothing had been disclosed about lots 14, 15, 16, and 17 and such disclosure should be required for FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 NEB -i - D & B SUPPLY CO. development of the entire parcel and the Applicant should not be allowed to exclude any portion thereof ; that the plans showed a storage yard which could be used to store unsightly materials and that there was potential for noise from service trucks entering and departing from the rear of the store, he suggested that the landscaping be increased to extend the full length of the rear of the store and that landscaping be incorporated in order to shield the Myall property from view and noise; that the site should be limited to two ingress/egress points on of which should be a curb cut at the west end and one at the north end near the entry gate and that such would allow for a maximum area to be required to be fenced, bermed and landscaped to minimize the truck noise and unsightly appearance problems; he also suggested, to benefit the City and the MyallsI that the Wilson Lane be extended to the end of the dedicated roadway and not be limited to where the D & B Store ends and that water and sewer lines should be required to be constructed such that they would be able to serve D & B and any future development. 17. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 NEB -i - D & B SUPPLY CO. • 0 within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the Conclusions on the annexation and zoning of the property state that the property would only be capable of being developed as a planned commercial development, under the conditional use permit process, with design review; therefore a conditional use is required for development of the property, which is what the Applicant has applied for in conformance with the annexation conclusions. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance, the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 NEB -i - D & B SUPPLY CO. annexation conclusions of law, and the Comprehensive Plan. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Findings of Fact and Conclusions of Law on the Annexation require a conditional use permit to allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That all ordinances of the City of Meridian must be met, including but not limited to,.the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 7. All requirements of the Findings of Fact and Conclusions of Law adopted for the annexation and zoning of the property and of the annexation and zoning ordinance that will be adopted must be met, including entering into a development agreement; that the development agreement must meet the requirements outlined in the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 NEB -i - D & B SUPPLY CO. Findings of Fact and Conclusions of Law adopted on the annexation of the property, specifically including 25 foot landscape requirement along Fairview Avenue, and entryway corridor to the City of Meridian. 8. Comment was made in the letter from Mr. Mack that the Applicant should be required to disclose the proposed uses and intention for development for the entire parcel of property and not be allowed to exclude any portion thereof because it was a requirement of the annexation and zoning Findings of Fact and Conclusions of Law that the annexation and zoning be conditioned on the City determining what the proposed uses are and whether the proposed uses are in conformance with the Comprehensive Plan; the Findings of Fact and Conclusions of Law also state, ". . . the property should be subject to de -annexation if the uses and lay -out of uses are not in compliance with the Meridian Comprehensive Plan." and . . even if some uses are revealed and those uses are determined to be in compliance with the Comprehensive Plan, any use or development of the property shall only be allowed as a conditional use with design review"; it is therefore concluded that since the City Council also concluded that the property should be subject to de -annexation if the uses and lay -out of uses are not in compliance with the Meridian Comprehensive Plan, it did not intend to require total disclosure of all development and uses before a single use was allowed under the conditional use process; this is so concluded because the Council stated that the land could be de - FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 NEB -i - D & B SUPPLY CO. 0 0 annexed if the use did not comply with the Comprehensive Plan. 9. It is further concluded that the Applicant shall meet all of its representations made at the public hearing, shall meet the requirements and comments of the City staff, particularly those of Shari Stiles, and of the Nampa & Meridian and Settlers Irrigation Districts. 10. That since the annexation and zoning Findings of Fact and Conclusions of Law required a development agreement to be entered into prior to an annexation and zoning ordinance being adopted, since such development agreement has not been entered into as of this date, and since a conditional use permit cannot be granted until the property is annexed, the development agreement is concluded to be a condition of a conditional use permit; the development must also meet any requirements of a planned commercial development. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW NEB -i - D & B SUPPLY CO. VOTED VOTED VOTED Lr VOTE VOTED Page 13 • DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law; that no conditional use permit should be granted until the property is annexed and zoned, a development agreement is entered into, and all the City's requirements have been met. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 NEB -i - D & B SUPPLY CO. • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION D & B SUPPLY COMPANY, INC. CONDITIONAL USE PERMIT NEB -i COMPANY 1885 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on October 11, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law, but these Findings of Fact and Conclusions of Law have been prepared prior to the hearing and they may have to be amended as a result of the hearing: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 11, 1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 NEB -i - D & B SUPPLY CO. hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian; that the property is in the Locust Grove District as shown on page seven of the Meridian Comprehensive Plan and in an area classified as a Mixed/Planned Use Development Area on the Generalized Land Use Map; it is located on Fairview Avenue, a principal arterial entrance to the City, and is described in the application which description and is incorporated herein. 3. That the property was proposed to be zoned C -G, General Retail and Service Commercial, in Applicant's request for annexation and zoning, which does not require a conditional use permit to develop a general merchandise retail store and parking lot, but the Findings of Fact and Conclusions of Law for the annexation of the property state in Conclusion N. 13, as a condition of annexation, " . . . that any use or development of the property shall only be allowed as a conditional use with design review"; it is likely that the property will be zoned C -G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 NEB -i - D & B SUPPLY CO. commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the Applicant is not the owner of record of the property; that the owner of record, Roger C. Crandlemire, has authorized the conditional use application. 6. That the present use of the land is for pasture and farmland. 7. That the proposed use by the Applicant is for a single general merchandise retail store of approximately 50,000 square feet which would provide merchandise in the following areas: Lawn and Garden, Hardware and tools, Plumbing and Electrical, Work and Casual Clothing, Toys,, Tack and Animal Health, and Agricultural Supplies; and an associated parking lot; that the Applicant submitted drawings of the proposed layout of the building that is proposed to be constructed but they were not construction drawings; they did not show the 35 foot landscaping which was required under the ff & cl adopted by the City Council on the annexation and zoning; that the Applicant's representative had stated at the Planning and Zoning hearing on the annexation and zoning that he had a problem with the comment that a 35 foot landscape setback was required and the Applicant was proposing a 15 foot setback as required in the Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan goal for the entryway corridors to the City, of which Fairview FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 NEB -i - D & B SUPPLY CO. Avenue is such; that the drawing only shows a 12.5 foot set back which is contrary to even what was represented would be there. 8. That one of the conclusions made for the annexation and zoning was that prior to annexation and the zoning of C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11- D; the annexation and zoning conclusions stated some of the matters that needed to be included in the development agreement; the development agreement has not been entered into as of the date of the conditional use hearing and no annexation has been adopted since the development agreement was a condition to passage of an annexation ordinance. 9. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 10. That the City Engineer, City Planning Director, Ada County Highway District, Central District Health Department, Nampa & Meridian Irrigation District, Settlers Irrigation District, and the Meridian Fire Department may submit comments and they are incorporated herein as if set forth in full. 11. That it is likely that Fred Mack, attorney at law, representing Barbara Myall who owns 16 acres directly south of the subject property is likely to testify; that he did testify at the annexation and zoning public hearing at the City Council and -:he basically testified that the action the City takes on the annexation and zoning application may have a long term effect on FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 NEB -i - D & B SUPPLY CO. the City's approval of a concept of development for an area in excess of 35 acres; that other properties in the area would be substantially effected and that it was in best interest of Meridian to consider putting off the application; that development of this property at this time will create strip development which is contrary to the goals of Meridian's Comprehensive Plan; that the property is not deep enough to allow multi -stacked commercial developments; that if the City is going to look at how the land ought to be developed the City needs to consider all of the other properties that are there; that the only logical thing to do is to consider doing planning in tandem with some kind of a cluster development; that there has been no concept plan for development of the entire area. It is also likely that he would testify to the following since he did such at the annexation and zoning hearing before the City Council; that there has been a court decision in Ada County where the Judge ruled that action by a city to annex and then to zone the parcel commercial is quasi judicial; that if that is true the City's protection of a conditional use permit could be put in jeopardy; that it was his concern that if the City acts on this, it grants to the Applicant a commercial development which he can do with as he desires, and if Judge Schroeder is right, the City loses control over the Applicant. 12. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 NEB -i - D & B SUPPLY CO. given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the Conclusions'on the annexation and zoning of the property state that the property would only be capable of being developed as a planned commercial development and under the conditional use permit process; therefore a conditional use is required for development of the property, which is what the Applicant has applied for in conformance with the annexation conclusions. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 NEB -i - D & B SUPPLY CO. • applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance and the annexation conclusions of law. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Findings of Fact and Conclusions of Law on the Annexation require a conditional use permit to allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 NEB -i - D & B SUPPLY CO. 7. All requirements of the Findings of Fact and Conclusions of Law adopted for the annexation and zoning of the property and of the annexation and zoning ordinance that will be adopted must be met, including entering into a development agreement; that the development agreement must meet the requirements out lined in the Findings of Fact and Conclusions of Law adopted on the annexation of the property, specifically including the 35 foot landscape requirement along Fairview Avenue, and entryway corridor to the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW NEB -i - D & B SUPPLY CO. VOTED VOTED VOTED VOTED VOTED Page 8 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law; that not conditional use permit be granted until the property is annexed and zoned and all the City's requirements have been met. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 NEB -i - D & B SUPPLY CO. TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Suooly BY: NEB4 Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) 9� *HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA Clerk JANtCE L. GASS, City Treasurer JANIC L. GASS, City TreasCity urer CITY ®F MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt.SHARI 33 EAST IDAHO STILES JOHN T. SHAWCROFT, Waste water Supt. Planner s Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 a FAX (208) 887-4813 Chairman • Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Suooly BY: NEB4 Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) 9� OFFICIALS *HUB OF TREASURE VALLEY A Good Place to Live Il COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., CityClerk JANICE L. GASS. City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief "BILL" Chief: MERIDIAN, IDAHO 83642'•rt JIM JOHNSON W.L. GORDON, Polite Phone (208) 888.4433 • FAX (208) 887-4813 � " " `s Chairman • Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 C -P L 0 "`; GRANT P. KINGSFORD ''r Mayor , TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES O _� OTHER: YOUR CONCISE REMARKS: �S GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: D & B SUPPLY, INC. 3303 E. LINDEN CALDWELL ID 83605 FROM: Karen Gallagher, Coordinator Development Services r KATY OF ana�i �i✓�i tea:. October 11, 1994 SUBJECT: MERIDIAN CU - 1885 E. FAIRVIEW COMMERCIAL BUILDING Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on October 5, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 GLENN J. RHODES, President SHERRY R. HUBER, Vice Presiaent JAMES E. BRUCE, Secretary TO: ACHD Commission FROM: Development Services SUBJECT: Meridian Conditional Use INTER -DEPARTMENT CORRESPONDENCE D&BSUPLY.MCU/DSTECH 10-5-94 DATE: October 3, 1994 1885 E. Fairview Commercial Building (Applicant - D & B Supply, Inc., 3303 E. Linden, Caldwell, ID 83605 (Representative FACTS & FINDINGS• 1. D & B Supply is seeking conditional use approval to construct a 50,000 sq.ft. general merchandise store on property located on the south side of Fairview approximately 400 -feet east of Locust Grove. There are no new public streets planned. 2. GENERAL INFORMATION: ACRES - 5.4 SQUARE FEET OF PROJECTED BUILDING - 50,000 ZONING - Commercial - C -G ESTIMATED VEHICLE TRIPS PER DAY - 3000 TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 607 -feet MOST RECENT TRAFFIC COUNTS - Date - 1994 Volume - 10,192 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100 -feet 37.4 -feet south of section line 53.4 -feet south of centerline REQUIRED RIGHT-OF-WAY - No new right-of-way required Fairview Avenue is improved with 80 -feet of pavement. The center line and section line are not the same. L.F. OF FRONTAGE ON Wilson Lane - 608 -feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ada county highway district 318 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680 Meridian Conditional*e 1885 E. Fairview & B Supply Store October 3, 1994 Page 2 ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Staff recommends Wilson Lane be constructed as a 41 -foot back- to-back street section with vertical curb, plus 12 -feet of paving and 5 -foot sidewalks along the parcel being developed. Wilson Lane shall be improved with 24 -feet of paving from the west end of this development to Locust Grove. Full roadway improvements will be required when the parcel to the west of the subject parcel is developed. The developer shall provide an easement for and construct a temporary public turnaround to ACHD standards on the east end of Wilson Lane. It is antici- pated that the turnaround will not be needed when Wilson Lane is extended to the east. Staff recommends the access points to Wilson Lane be clearly defined. 4. Two access points to Fairview Avenue are shown on the submit- ted site plan. The first full access driveway shall be a minimum distance of 460 -feet east of the existing edge of pavement on Locust Grove. The submitted site plan appears to comply with this requirement. A minimum separation of 125 - feet will be required between driveways. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on October 11, 1994. SITE SPECIFIC REQUIREMENTS: 1. Construct 5 -foot wide concrete sidewalk on Fairview Avenue abutting parcel. Coordinate location with District Staff. 2. Maintain a minimum separation of 460 -feet from the near edge of Locust Grove to the westerly access point driveway on Fairview. Construct the driveways on Fairview as curb return type approaches with a minimum throat width of 30 -feet, and 15 -foot radii. 3. Construct Wilson Lane to one-half of a 41 -foot back-to-back. street section with vertical curb, plus 12 -feet of paving and 5 -foot concrete sidewalks along the subject parcel. The ac- cess points on Wilson Lane shall be clearly delineated. Con- struct Wilson Lane from the west end of this parcel to Locust Grove with 24 -feet of paving. Meridian Conditionaloe 1885 E. Fairview & B Supply Store October 3, 1994 Page 3 4. Construct and provide an easement for, a public turnaround on the east end of Wilson Lane. Coordinate the design and loca- tion with District Development Services Staff. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action. by ACRD. Meridian Conditionaloe 1885 E. Fairview & B Supply Store October 3, 1994 Page 4 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: OCT 0 5 1994 Karen Gallagher J Q Q Z JJ W�jr Qa � W �� add 33 a O aSN a \ o�Qla�N �~� ���3ZmQco 8 m " a o g o a� RQ � W �Wo Q oo ac0 1: m ('L A GN T — — I e I I e I I e l e i; I I I I I I I I I . I I 'i I Nddaa � a 1 "t >J yYup I ( I r' 411 o, II SEP 29 '94 12:38 FR CITY OF MERIDIAN 200 007 4813 TO 3457650 P.01i01 �s Q¢ 4� 3� I 1 I I I I I I I � ��f r ►" doom ®e,+,u I ■18■�iLYiii�ii ■■■■■ I e -e. GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACHD Commission FROM: Development Services SUBJECT: Meridian Conditional Use DATE: INTER -DEPARTMENT CORRESPONDENCE D&BSUPLY.MCU/DSTECH 10-5-94 September 29, 1994 1885 E. Fairview Commercial Building (Applicant - D & B Supply, Inc., 3303 E. Linden, Caldwell, ID 83605 (Representative - Same) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. D & B Supply is seeking conditional use approval to construct a 50,000 sq.ft. general merchandise store on property located on the south side of Fairview approximately 400 -feet east of Locust Grove. There are no new public streets planned. 2. GENERAL INFORMATION: ACRES - 5.4 SQUARE FEET OF PROJECTED BUILDING - 50,000 ZONING - Commercial - C -G ESTIMATED VEHICLE TRIPS PER DAY - 3000 TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 607 -feet MOST RECENT TRAFFIC COUNTS - Date - 1994 Volume - 10,192 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100 -feet 37.4 -feet south of section line 53.4 -feet south of centerline REQUIRED RIGHT-OF-WAY - No new right-of-way required Fairview Avenue is improved with 80 -feet of pavement. The center line and section line are not the same. L.F. OF FRONTAGE ON Wilson Lane - 608 -feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 September 291994 • Page 2 ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Staff recommends Wilson Lane be constructed as a 41 -foot back- to-back street section with vertical curb, plus 14 -feet of paving and 5 -foot sidewalks. The developer shall provide an easement for and construct a temporary public turnaround to ACHD standards on the east end of Wilson Lane. It is antici- pated that the turnaround will not be needed when Wilson Lane is extended to the east. Staff recommends the access points to Wilson Lane be clearly defined. 4. Two access points to Fairview Avenue are shown on the submit- ted site plan. The first full access driveway shall be a minimum distance of 460 -feet east of the existing edge of pavement on Locust Grove. The submitted site plan appears to comply with this requirement. A minimum separation of 125 - feet will be required between driveways. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on October 11, 1994. SITE SPECIFIC REQUIREMENTS: 1. Construct 5 -foot concrete sidewalk on Fairview Avenue abutting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. 2. Maintain a minimum separation of 460 -feet from the near edge of Locust Grove to the westerly access point driveway on Fairview. Construct the driveways on Fairview as curb return type approaches with a minimum throat width of 30 -feet, and 15 -foot radii. 3. Construct Wilson Lane to one-half of a 41 -foot back-to-back street section with vertical curb, plus 14 -feet of paving and 5 -foot concrete sidewalks. 4. Construct and provide an easement for, a public turnaround on the south end of Wilson Lane. Coordinate the design with District Development Services Staff. September 29, 1994 Page 3 STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACED. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be -.noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when the driveways are not being shared with the adjacent property. September 29.994 Page 4 0 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Karen Gallagher DATE OF COMMISSION APPROVAL: y o w N CL CL oixyA�a � ►�;.� g > OR ce 5 ti CL A T — — I I I I = ®77— 11 �v I I I I E3 (L 9L<a ous tn o��oa " I M • I I 000 0E>=*C@C&4(®0v0 ®zc© u I • o u I = I I IN, m w S M V SEP 29 '94 12:35 FP. CITY OF MERIDIAN 203 257 4013 TO 5457650 ;W14 - yy t I I I 1 I I I I � i CCENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # OltlS Preliminary / Final / Short Plat REVIEW SHEET Environmental Health Division r CEI D ❑ I. We have Objections to this Proposal. OCT 0 5 191JA Return to: ❑ Boise ❑ Eagle Cly Y Or- Ej►f:s� ii- AAiN ❑ Garden city r $ 5,V9VIC=7 J Meridian ❑ Kuna ❑ ACz ❑ 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 ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ,% central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ,f!g central water ❑ individual sewage ❑ individual water ❑ 8. 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 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store W A113L ❑ child care center 8>L11-0 Date: �/ 3 / G Reviewed By: -73A kOZ4 I - - - ' !�� CDHD 10/91 rcb, rev. 11/93 CENTRAL • 'DISTRICT DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE. ID. 83704 • (208) 375-5211 • FAX: 327-85M To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater . Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley Elmore, Boise. and Ada Counties Ada I Boise CM* amts WIC Boise - MKdiat swat candy omee Bmae Casey oma Vd" C=* own 707 N. Amutrong PL 1606 Room 520 E 8th Sheer N. d &witaanerw Heams P.O. Bot 14.28 Boise.10..83704 Base. ID. Mountan Home. ID. 190 S. 41h Sheer E McC.C. 0.836'8 Emroo. Heanh 327-7499 83705 Ph 3343355 83641 Ph. 581-4407 Mounts n Hans. a Ph. W194 Fundy Plautcxx 321.7400 324 Meridian ID 83647 Ph. 587.9225 Mr u>Qa =.'.27-7450 83642 Ph. BU -6525 Ntdmlon: 327-7460 WIC: 327-7488 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL 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 8r Zoning Commission, please submit your comments and recommendation to Meridian City Hail, Attn: Will Berg, City Clerk by: October 4, 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply BY: NEB -1 Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P2 • VALLEY MOE ALIDJANI, P2 HUB OF TREASURE OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer CENTRAL DISTRICT HEALTH BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief ILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 (� n WAYNE G. CROOKSTON, JR.,ttorney Phone (208) 888-4433 a FAX (208) 887-4813 U i� tl L�� J WALT MORROW, C/C Public Works/Building Department (208) 887-2211 MAX YERRINGTON, C/C S t S frt 1994 WATER DEPARTMENT so GRANT P. KINGSFORD SEWER DEPARTMENT Mayor NAIMPA `. t-AERICNAN BUILDING DEPARTMENT I R110A r10N DIIS T FRUCT COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL 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 8r Zoning Commission, please submit your comments and recommendation to Meridian City Hail, Attn: Will Berg, City Clerk by: October 4, 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply BY: NEB -1 Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage eaves CITY ENGINEER the site. Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that jrr;Snt;nm mater he mane available to all developments within this District. Nampa & Meridian Irrigation District reguires that a Land Use Change/Site Development application be filed for r vi w Dior to final platting- Contact Donna Moore at 343-1884 or 466-7861 for further information. N� Bill Henson Assistant Water Superintendent Nampa & Meridian Irrigation District r ,,,, EW4/SOL t�,>' SEP 281994 CITY OF MMRIWA SETTAS' IRRIGATION 0ISTRIC-0 P.O. BOX 7571 • BOISE. IDAHO 83707 PHONE 344-2471 RECEIVED SEP 2 0 1994 CITY OF MERIDIAN September 19, 1994 City of Meridian Planning & Zoning 33 E Idaho Street Meridian, Idaho 83642 Re: Proposed D & B Supply Company Outlet located in Pleasant Valley Subdivision To Whom It May Concern: The above referenced project will impact the Fiighline #48 lateral of the Settlers Irrigation District. This lateral runs parallel to and on the south side of Fairview Avenue, past the proposed development, and carries water to homeowners in the Doris subdivision. Mr. Eugene Beck, who is a homeowner in the Doris subdivision, is the contact person for the Highline lateral. Approval of any changes to the lateral will have to be authorized by Mr. Beck. His address is 1872 E. Carol Street, Meridian, Idaho 83642. We would appreciate reviewing the plans for piping the lateral prior to construction. If you have any question, please phone me at 344-2471. Sincerely, Troy L. Upshaw, Manager Settlers Irrigation District cc: Mr. Eugene Beck GRANT P. KINGSFORD Mayor TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D_& B Supply BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C. WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. _..._, Tim Adams Idaho Power qw 322-2047 to HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX GTON RT D. C ROBERT DORR JANICE L. GASS, City Treasurer CITY OF MERIDIAN W WALT W. MORROW GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste water Supt. 33 EAST IDAHO Planner 6 Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 8884433 a FAX (208) 887.4813 Chairman • Planning & Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D_& B Supply BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C. WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. _..._, Tim Adams Idaho Power qw 322-2047 • 0 HOLLAND & HART ATTORNEYS XT NAVY DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BIWNGS BOISE CHEYENNE JACKSON SALT TAKE CITY WASHINGTON. D.C. Shari Stiles City of Meridian Planning and Zoning 33 East Idaho Avenue Meridian, Idaho 83642 SUITE 1400 WEST ONE PLAZA BOISE. IDAHO 83702.7714 MAILING ADDRESS P.O. SM 2527 BOISE, IDAHO 83701.2527 October 5, 1994 TELEPHONE (208) 342.5000 FACSIMILE (208) 343-8869 J. FREDERICK MACK (208) 342 -WW RAI&ECEI `:7 E`) 0 C T 0 6 IS404 CITY lie' oiLriiihtiN RE: NEB -i Company Application for Annexation and Zoning Dear Shari: As you know, I represent Barbara Ryall. Barbara owns the parcel of property which is 16 acres directly south of Mr. Crandlemire's property and which stands to be affected by the proposed development of that property. After reviewing the latest application and site plans for the proposed development, I would request that Meridian Planning and Zoning consider the following: 1. The Findings of Fact and Conclusions of Law resulting from the August 16, 1994 meeting require the applicant to disclose what the proposed uses and intention for development are for the property to be developed (see items 12 and 13). The present application and site plans fail to include lots 14, 15, 16, and 17. Applicants should be required to disclose the proposed use and intention for development for the entire parcel of property and not be allowed to exclude any portion thereof. 2. The recent application and site plans show a proposal for a D & 8 Supply retail store, which includes a storage yard. This storage yard has the potential to be a facility to store such items as` farm implements, lumber and building supplies, tires, refuse storage cans and bins and other such unsitely materials. Additionally, there is a potential for noise from service trucks entering and departing from the rear of the store site. OCT 06 '94 14:25 208 343 8869 PAGE.02 • October 6, 1994 Page 2 • in order to minimize the adverse affect which will be created from this retail site on any development of my clients property, I suggest the following be required: that the landscaping be increased from what is shown on the site plan to extend the full length of the rear of the retail site and that appropriate fencing, berming and landscaping be incorporated in order to shield my client's property from the view and the noise. - that the site be limited to 2 ingress/egress points from the service lane onto Wilson Road at the rear of the site; one of which should be a curb cut located immediately at the west end and one at the north end near the entry gate to the storage area. This would allow for a maximum area to be required to be fenced, bermed and landscaped to minimize the truck noise and unsitely appearance problems. Another matter for consideration which would not only benefit my client, but would seem to be in the best interests of the City of Meridian as well, is to ensure that the improvements to Wilson Road be extended to the end of the dedicated roadway and not be limited to where the proposed D & B Supply store ends. I think it is realistic to anticipate, given that "for sale" signs continue to go up on surrounding properties, that development of these properties is likely in the near future and Wilson Road access will be necessary. Similarly, the water and sewer lines should be required to be such that they would not only service the D & B Supply store, but would accommodate hook-up of future development without tearing up pavement of access roads. Thank you for your consideration of these concerns. you have any questions, please feel free to call me. JFM: kg cc: Barbara Myall OCT 06 '94 14:26 Sincerely, HOLLAND AND HART J. FreBrick Mack 208 343 8869 If PAGE .03 Eugene Beck 1872 East Carol Dr. Meridian, ID 83642 Phone 208-888-4585 October 11, 1994 Meridian Planning and Zoning Commission Meridian, ID 83642 Dear Chairman, RECEIVED OCT 1 1 1994 CITY OF MERIDIAN I have been designated by the Settlers' Irrigation District to be the contact person for the homeowners in Doris Subdivision. The proposed D&B Supply Company Outlet located in Pleasant Valley Subdivision will impact the access of irrigation water to our subdivision. This project referred to above will impact the Highline #48 lateral'of the Settlers Irrigation District. This lateral runs parallel to and on the south side of Fairview Avenue, past the proposed development, to the homeowners in the Doris subdivision. As users of this irrigation water, we would like to have this access continued and the ditch to be tiled to insure future use in our subdivision. Thank you for your consideration of this matter. Sincerely, EuVactpperson Cofor the I ighline lateral OUTLINE OF TESTIMONY TOM ZABALA Mr. Chairman, members of the Commission, my name is Thomas M. Zabala. I am an architect and principal in the firm of Zabala Giltzow Albanese, Chartered. My office is located at 815 Park Boulevard, Suite 350 in Boise. In the past, I had the pleasure to serve ten years on the Planning and Zoning and Design Review Commissions for the City of Boise. I am here this evening, along with J. Frederick Mack, representing Barbara Myall. We have had the opportunity to review the site development plans for this project and have some concerns that we would like to share with you this evening. We request that conditions be added to any recommendation for approval by this body to the City Council to insure that this project is developed in accord with the Meridian Zoning and Development Ordinance and the Comprehensive Plan so that it is harmonious with the intended character of the general neighborhood and future land uses. As designed, landscaped buffers are proposed along the entire north, east, west and a portion of the south property lines. Immediately fronting Mrs. Myall's property there is presently indicated approximately 477 linearfeet of unbuffered, unlimited access frontage. This back area is indicated as the applicant's loading dock, service drive and refuse area with unobstructed vehicular access along its entire length. There is no indication of exterior lighting but one can assume that there will be wall -mounted units directed toward the street for security as well as early morning/late evening operations. Trucks and other vehicles will be here on a continual basis with their lights on, motors running, doors slamming, etc. Wilson Road will not be developed as a major commercial or retail access road. It is conceivable that the highest and best use for Mrs. Myall`s property will be zoning that allows for limited office or medium to high density residential uses. The applicant's current proposal creates dangerous, injurious, noxious and otherwise objectionable conditions which would adversely affect the surrounding areas and is not in the best interests of the City of Meridian. We request that your recommendation for approval include conditions that require the applicant to 1) provide and maintain adequate landscape screening and buffers along the south property line to protect adjacent property from excessive exposure to noise, refuse, fumes, glare, lights, debris, transformers, pad -mounted mechanical/electrical equipment or other unsightly developments; and 2) define and limit vehicular/service truck access to the site to avoid creating interference or hazards with traffic on the adjacent street while providing safe, fast and efficient movement of vehicles to off street parking and service areas. We request that the conditions of approval be specific by stating that: 1. A minimum 5- to 6 -foot high solid screen be provided along the south property line. This screen may include fencing, walls and/or landscape combinations that will provide a dense site obscuring, sound absorbing buffer. 2. Plantings should be installed with growth characteristics which will provide the required height and site obscuring within a 2 -year period. 3. Landscaped areas should be developed with a natural, random layout of coniferous and deciduous trees. 4. All planters shall not be less than six (6) feet wide to provide adequate growth area for plantings and protection from dehydration. 5. All landscaped areas shall receive full, automatic irrigation systems. 6. Access to Wilson Road shall be limited to three (3) ingress/egress points along the southern property line. Clear vision triangles will be observed in regard to all screens including vegetation, walls, solid fences or other site obstructions exceeding three (3) feet in height. 7. Any lights shall be shielded or arranged to reflect light away from properties to the south. We believe that D & B Supply can be a good neighbor and that the conditions proposed will encourage excellence and creativity in the design of all future developments and promote the goals of the Comprehensive Plan. Thank you for your time and consideration. I would be happy to answer any questions. 41 Q� i a LU V a z a .0•�9 lu 1 w a z or w J Q I z O U cur. R -1 Ll Westimony Public Hearing Meridian P&Z October 11, 1994 My name is Thom Nlyall. I am representing my wife, Barbara Myall, and myself. We are property owners at 1470 N. Locust Grove Road, Meridian , Idaho, which is immediately south of the NEB -i proposal. This property was the home of my wife's late parents for thirty years and is presently rural residential, in Ada County, and zoned Rural Transitional (RT). We have maintained a gravel road down Wilson Lane to our residence during this time. The property consists of a residence and approximately 16 acres, lots 18, 19, and 20 of Pleasant Valley Subdivision. The home is viable residence which is currently. leased. At this time we do not know how our land will be developed. We realize Meridian is experiencing growth and desires commercial development to increase its tax base, provide jobs, and offer local shopping , a goal stated in the Meridan Comprehensive Plan. As commercial development encroaches in an historically rural residential subdivision, often incompatible land uses result. The Meridian Comprehensive Plan addresses this issue relative to the Pleasant Valley Subdivision , which is designated as a Nlixed-Use Area. Policies applicable to development are stated, specifically, Paragraph 5.18U, Page 28 -- NEBiPZO94 Page 1 "Existing residential propoes will be protected form. incippatible land -use development in this area. Screening and buffers will be incorporated. into all development requests in this area." Also, the issue of screening and buffering is addressed in the Finding of Fact and Conclusions of Law, August 169 1994. [Paragraph 29, Page 12 states and I quote: "That Section 11-9-605 G 1. states as follows: planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties . Such screening shall be a minimum of twenty feet (20) wide, and shall not be a part of the normal street right-of-way or utility easement."] In addition, the Meridian .Zoning and Development Ordinance 1993 contains ordinances that disffuse the adverse impact of commerical uses on residental property. The following items are applicable to this development and of interst to us. 1. Provisions for Commercial and Industrial Uses - Section 2413, B 1. c. d. E h. - Page 54 and 55. ( c -noise, f -glare, h -water pollution ) 2. Outdoor Storage of Commercial and Industrial Materials - Section 2-413, C 12. a. - Page 58. ( a -screening from residence ) 3. Design Standards for Off -Street Parking - Section 2-414, D 2 a., b., c. and d. and 3 - Page 63. ( a -Landscaping, b -underground sprinkling, c -screening, d - drainage, 3 -lighting = direct rays or spill over to residential ) In addition to the written testimonty of 10/5/94, submitted to Meridian NEBiPZ094 Page 2 Planning and Zoning by owttorney, Fred Mack, I have f e following concerns relative to the impact the NEB -i proposal will have on our property:..:. 1. The present application and site plan show a D & B retail store, with parking lot and storage yard. There is the potential for glare from the parking area lights and rear store security lights and the potential for contaminated water run- off from the parking area and building. In reference to the aforementioned policies and ordinances, and in order to minimize the adverse affects created by this development on the continued enjoyment of our residence and any future development of our property, we suggest the following be required: 1. Appropiate landscaping , berming and fencing be increased from what is shown on the site plan to extend the entire length of the storage yard, building and parking lot as they abut Wilson Lane. 2. The rear of the site be limited to two (2)(3) ingress/egress points on Wilson Lane, (one) (two) curb cut located at the west end and one curb cut at the east end. These two items would reduce the adverse impact of glare, noise and unsightly view from our residence. 3. We request that all drainage from the site enter a sewer system. 4. We request that during construction ingress and eggress to our residence not be blocked at any time. Thank you for the opportunity to express our concerns. t NEBiPZ094 Page 3 From : QUAILRIDEFARM PHONE No. : 208 939 1403 011a1 `lZ'dgic car"'—' Oct.28 1994 1:56PM P01 1400 Floating Feather Road Eagle, Idaho 93616 (2013) 939-1400 OCT 28 '94 13:49 208 939 1403 PAGE.01 0 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 17.1994 APPLICANT: NEB -i COMPANY AGENDA ITEM NUMBER: 1 REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FOR D & B SUPPLY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST'OFFICE: w - ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 11 1994 APPLICANT: NEB4 COMPANY (D & B SUPPLY) AGENDA ITEM NUMBER: 14 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR D & B SUPPLY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: SEE ATTACHED COMMENTS IDAHO POWER: SEE ATTACHED COMMENTS US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney *HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning MEMORANDUM GRANT P. KINGSFORD Mayor TO: Planning & Zoning, Cey�Cnis�on, Mayor and Council c /_7Tf FROM: Sh'afi" L. Stiles, Planning & Zoning Administrator DATE: October 7, 1994 SUBJECT: Request for a Conditional Use Permit for D&B Supply by Neb-i Company 1. Sixty-eight (68) three-inch (3") caliper trees are required for the plan shown. Applicant is to submit fully detailed landscape plan as part of the application for building permit. 2. Parking area needs to be broken up with landscaping, preferably every 100 to 150 feet. 3. Applicant should provide screening landscape strip along southern border except where designated accesses are planned and except where necessary to provide a clear vision triangle. 4. Five-foot (5') sidewalks are to be constructed along Fairview Avenue and Wilson Lane. 5. Storage of equipment and materials is to be adequately screened from view on all sides. 6. A total of 11 handicapped parking spaces is required- Two (2) of these require an eight - foot (8') access aisle. These spaces must be designated with appropriate striping and signage. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION D & B SUPPLY COMPANY, INC. CONDITIONAL USE PERMIT NEB -i COMPANY 1885 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on October 11, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law, but these Findings of Fact and Conclusions of Law have been prepared prior to the hearing and they may have to be amended as a result of the hearing: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 11, 1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 NEB -i - D & B SUPPLY CO. t hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian; that the property is in the Locust Grove District as shown on page seven of the Meridian Comprehensive Plan and in an area classified as a Mixed/Planned Use Development Area on the Generalized Land Use Map; it is located on Fairview Avenue, a principal arterial entrance to the City, and is described in the application which description and is incorporated herein. 3. That the property was proposed to be zoned C -G, General Retail and Service Commercial, in Applicant's request for annexation and zoning, which does not require a conditional use permit to develop a general merchandise retail store and parking lot, but the Findings of Fact and Conclusions of Law for the annexation of the property state in Conclusion N. 13, as a condition of annexation, " . . . that any use or development of the property shall only be allowed as a conditional use with design review"; it is likely that the property will be zoned C -G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C -G) General Retail and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW NEB -i - D & B SUPPLY CO. Page 2 commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the Applicant is not the owner of record of the property; that the owner of record, Roger C. Crandlemire, has authorized the conditional use application. 6. That the present use of the land is for pasture and farmland. 7. That the proposed use by the Applicant is for a single general merchandise retail store of approximately 50,000 square feet which would provide merchandise in the following areas: Lawn and Garden, Hardware and tools, Plumbing and Electrical, Work and Casual Clothing, Toys,, Tack and Animal Health, and Agricultural Supplies; and an associated parking lot; that the Applicant submitted drawings of the proposed layout of the building that is proposed to be constructed but they were not construction drawings; they did not show the 35 foot landscaping which was required under the ff & cl adopted by the City Council on the annexation and zoning; that the Applicant's representative had stated at the Planning and Zoning hearing on the annexation and zoning that he had a problem with the comment that a 35 foot landscape setback was required and the Applicant was proposing a 15 foot setback as required in the Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan goal for the entryway corridors to the City, of which Fairview FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 NEB -i - D & B SUPPLY CO. Avenue is such; that the drawing only shows a 12.5 foot set back which is contrary to even what was represented would be there. 8. That one of the conclusions made for the annexation and zoning was that prior to annexation and the zoning of C -G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11- D; the annexation and zoning conclusions stated some of the matters that needed to be included in the development agreement; the development agreement has not been entered into as of the date of the conditional use hearing and no annexation has been adopted since the development agreement was a condition to passage of an annexation ordinance. 9. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 10. That the City Engineer, City Planning Director, Ada County Highway District, Central District Health Department, Nampa & Meridian Irrigation District, Settlers Irrigation District, and the Meridian Fire Department may submit comments and they are incorporated herein as if set forth in full. 11. That it is likely that Fred Mack, attorney at law, representing Barbara Myall who owns 16 acres directly south of the subject property is likely to testify; that he did testify at the annexation and zoning public hearing at the City Council and he basically testified that the action the City takes on the annexation and zoning application may have a long term effect on FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 NEB -i - D & B SUPPLY CO. the City's approval of a concept of development for an area in excess of 35 acres; that other properties in the area would be substantially effected and that it was in best interest of Meridian to consider putting off the application; that development of this property at this time will create strip development which is contrary to the goals of Meridian's Comprehensive Plan; that the property is not deep enough to allow multi -stacked commercial developments; that if the City is going to look at how the land ought to be developed the City needs to consider all of the other properties that are there; that the only logical thing to do is to consider doing planning in tandem with some kind of a cluster development; that there has been no concept plan for development of the entire area. It is also likely that he would testify to the following since he did such at the annexation and zoning hearing before the City Council; that there has been a court decision in Ada County where the Judge ruled that action by a city to annex and then to zone the parcel commercial is quasi judicial; that if that is true the City's protection of a conditional use permit could be put in jeopardy; that it was his concern that if the City acts on this, it grants to the Applicant a commercial development which he can do with as he desires, and if Judge Schroeder is right, the City loses control over the Applicant. 12. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 NEB -i - D & B SUPPLY CO. given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property; 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian; 3. That the Conclusions'on the annexation and zoning of the property state that the property would only be capable of being developed as a planned commercial development and under the conditional use permit process; therefore a conditional use is required for development of the property, which is what the Applicant has applied for in conformance with the annexation conclusions. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 5. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and zoning Commission and the City Council shall review FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 NEB -i - D & B SUPPLY CO. 0 0 applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance and the annexation conclusions of law. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Findings of Fact and Conclusions of Law on the Annexation require a conditional use permit to allow the use. C. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 NEB -i - D & B SUPPLY CO. 0 • 7. All requirements of the Findings of Fact and Conclusions of Law adopted for the annexation and zoning of the property and of the annexation and zoning ordinance that will be adopted must be met, including entering into a development agreement; that the development agreement must meet the requirements out lined in the Findings of Fact and Conclusions of Law adopted on the annexation of the property, specifically including the 35 foot landscape requirement along Fairview Avenue, and entryway corridor to the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW NEB -i - D & B SUPPLY CO. VOTED VOTED VOTED VOTED VOTED Page 8 • DECISION AND RECOM ENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law; that not conditional use permit be granted until the property is annexed and zoned and all the City's requirements have been met. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW NEB -i - D & B SUPPLY CO. Page 9 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney *HUB OF TREASURE VALLEY A Good Place to Live CITY ®F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 9 FAX (208) 88714813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 6 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994 TRANSMITTAL DATE: 9/16194 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply _ BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RaOMATION(PRELIM rAL P CITY FILES J YOUR CONCISE 9� CI*gt� TRANSMITTAL TO AGENCIES FOR COMMENTSOONN DEVELOPMENT PROJECTS WITH THE CITY OF To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October S. 1994 TRANSMITTAL DATE: 9116194 HEARING DATE: 10/11/94 REQUEST: o ditio a se ermit for & B Supt BY: NE 34 Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES e -1_G 7 OTHER: YOUR CONCISE REMARKS: ,—,(.s OF TREASURE VALLEY HUB COUNCILMEMBERS A Good Place to Live RONALD R. TOLSMA OFFICIALS MAX YERRINGTON ROBERT T D. R RIE WILLIAM G. BERG, JR., City Clerk GASS, City Treasurer CITY OF MERIDIAN WALT MORROW JANICE L. GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO Planner 8 Zoning Administrator JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 x _" ? JIM JOHNSON = "' ? .' - —Chairman Zoning B W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 8874813 .�c�sEi...'--<'8-'� WAYNE G. CROOKSTON. JR., Attorney Public Works/Building Department (108) 887-2211 GRANT P. KINGSFORD Mayor Ca' TRANSMITTAL TO AGENCIES FOR COMMENTSOONN DEVELOPMENT PROJECTS WITH THE CITY OF To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October S. 1994 TRANSMITTAL DATE: 9116194 HEARING DATE: 10/11/94 REQUEST: o ditio a se ermit for & B Supt BY: NE 34 Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES e -1_G 7 OTHER: YOUR CONCISE REMARKS: ,—,(.s INTER -DEPARTMENT CORRESPONDENCE D&BSUPLY.MCU/DSTECH GLENN J. RHODES, President 10-5-94 SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACHD Commission DATE: September 29, 1994 FROM: Development Services SUBJECT: Meridian Conditional Use 1885 E. Fairview Commercial Building (Applicant - D & B Supply, Inc., 3303 E. Linden, Caldwell, ID 83605 (Representative -.Same) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS• 1. D & B Supply is seeking conditional use approval to construct a 50,000 sq.ft. general merchandise store on property located on the south side of Fairview approximately 400 -feet east of Locust Grove. There are no new public streets planned. 2. GENERAL INFORMATION: ACRES - 5.4 SQUARE FEET OF PROJECTED BUILDING - 50,000 ZONING - Commercial - C -G ESTIMATED VEHICLE TRIPS PER DAY - 3000 TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Fairview Avenue - 607 -feet MOST RECENT TRAFFIC COUNTS - Date - 1994 Volume - 10,192 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 100 -feet 37.4 -feet south of section line 53.4 -feet south of centerline REQUIRED RIGHT-OF-WAY - No new right-of-way required Fairview Avenue is improved with 80 -feet of pavement. The center line and section line are not the same. L.F. OF FRONTAGE ON Wilson Lane - 608 -feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 September 29,0994 • Page 2 ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 60 -feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Wilson Lane is a gravel roadway. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Wilson Lane is located at the property's southern boundary. Staff recommends Wilson Lane be constructed as a 41 -foot back- to-back street section with vertical curb, plus 14 -feet of paving and 5 -foot sidewalks. The developer shall provide an easement for and construct a temporary public turnaround to ACHD standards on the east end of Wilson Lane. It is antici- pated that the turnaround will not be needed when Wilson Lane is extended to the east. Staff recommends the access points to Wilson Lane be clearly defined. 4. Two access points to Fairview Avenue are shown on the submit- ted site plan. The first full access driveway shall be a minimum distance of 460 -feet east of the existing edge of pavement on Locust Grove. The submitted site plan appears to comply with this requirement. A minimum separation of 125 - feet will be required between driveways. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on October 11, 1994. SITE SPECIFIC REQUIREMENTS: 1. Construct 5 -foot concrete sidewalk on Fairview Avenue abutting parcel, or provide a deposit to the Public Road Trust Fund for the improvement. 2. Maintain a minimum separation of 460 -feet from the near edge of Locust Grove to the westerly access point driveway on Fairview. Construct the driveways on Fairview as curb return type approaches with a minimum throat width of 30 -feet, and 15 -foot radii. 3. Construct Wilson Lane to one-half of a 41 -foot back-to-back street section with vertical curb, plus 14 -feet of paving and 5 -foot concrete sidewalks. 4. Construct and provide an easement for, a public turnaround on the south end of Wilson Lane. Coordinate the design with District Development Services Staff. September 29, 1994 • Page 3 STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRID shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRID. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specif- ically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveway curb cuts a minimum of 5 -feet from the side lot property lines when the driveways are not being shared with the adjacent property. September 29'0994 Page 4 • 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACHD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross -street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING• Karen Gallagher DATE OF COMMISSION APPROVAL: lAl N 3 <9.96 LAJ 3aa 0a O � N a. \ Q 2 N m "n Za�3d'�Z�� � (Al 2 4CLO 21=4HW, — — or If C 00 O V L) � oc��\���c3v3z3 aaHifins"S �a����.'�� t~/! NN UI C as N E 1 1• I I p II I I• 040 ❑E,®004}4(®®d0 ®tt© I � o l u ( I N =tee. . 1 .. !I to SEP 29 '94 12:36 FP, CITY OF MERIDIAN 200 697 4013 TO 3457650 P.01/01 m +CENTRAL REVIEW SHEET 00 DISTRICT Environmental Health Division RECEIVED Return to: F� Boise HEALTH OCT 05 19'94 E] Eagle Pff DEPARTMENT C)1-fY 0j, tviLyigiblAIN [D Garden city Rezone # JgMeridian Conditional Use # .t", i �L' ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ [] I. We have 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 ❑ solid lava from original grade 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: [1 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ,E5 central sewage ❑ community sewage communi system E] community water well g y ❑ interim sewage ,9 central water ❑ individual sewage ❑ individual water g. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: communi ❑ central sewage ❑ community sewage system E] community water ❑ sewage dry lines ❑ central water 9. Street Runoff is not to create a mosquito breeding problem. D 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review for any: ❑ food establishment [Iswimming pools or spas E]child care center ❑ beverage establishment ❑ grocery store ,q'/�7L Crtn1 �E k5 :ShA-ii�•-) A -5s Fe��i �tEr�-+� Date- 2513. ate: 25 13. 6f�'otl0 W oZ�C� pa,J Reviewed By: e Yrc� t CDHD 10/91 rcb, rev. I I CENTRAL • -DISTRICT ' ' D DEPARTMENT IRT`MENT MAIN OFFICE • 707 N. ARMSTRONG PL a BOISE. ID. 83704 • (208) 375-5211 • FAX: 327-8`5Y"A To prevent and treat disease and disabiitg; to promote healthy Iifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Dalley, Elmore. Boise. and Ada Counties Elmore Coutdy Oaks Bmae courtly OBke EmitonmeNat Health Vow C=tf Ofte P.O. Bax 1448 P.O. Ado / Base Courtly ONke WIC Boise. Menam 701 N. AM=M PL 1606 ROOM 520 E 8th Sheet N. Morattin Home. !D. 190 S. 41h Street E Mt:C_. 0.83638 gorse. !D. •83104 Gorse. ID. 83647 Ph. 5871407 Motattt L N.arte.lD Ph 63d 719d EtHealth: 327-7499 tvro. 63705 Ph. 334J355 836!7 FTt 53742M Fcmdy ftnig 327-7400 324 Mettaan. D. VrJtnurcat= 321.7450 83642 Ph. BU -60 Nuhmon: 327-7460 WC: 327-7488 To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P2 • HUB OF TREASURE VALLEY MOE ALIDJANI, P/Z OFFICIALS A Good Place to Live COUNCIL MEMBERS CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GAS. City TreasurrIE CITY OF MERIDIAN MAX YERRINGTON ROBERT D. R GARY 0. M THS P.E. City Engineer SETTLERS IRRIGATION DISTRICT WALT W. MORRROW W BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste water Supt. 33 EAST IDAHO STILES KENNY W. BOWERS, Fire Chief "BILL" MERIDIAN, IDAHO 83642 n Planner 8 Zoning Administra�or & Zoning JIM JOHNSON W.L. GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney (�� Phone (208) 888 4433 •FAX (208) 887-4813 L' V' L� ✓ Chairman • Planning & Zoning BUILDING DEPARTMENT Public Works/Building Department (208) 887-2211 FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways 1 y S E- 1994 be protected. Municipal surface drainage must CITY ATTORNEY be GRANT P. KINGSFORD Mayor NAMPA &. PIIERIDIAN i'r;R,IGA FION DISTRICT TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage eaves CITY ENGINEER the site. Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that ; rs;oar; nn yrarer he marie available o all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Sire Development application be filers for r vi w prior to final platting_ Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District .;..�p V" E�Ste^ 11, :y SEP 2 8 191.34 CITY OF MERIDAIA SETTLERS' IRRIGATION DISTRICT P.O. BOX 7571 • BOISE. IDAHO 83707 PHONE 344-2471 RECEI v s�..D SEP 2 0 1994 ary OF MERIDIAN September 19, 1994 City of Meridian Planning & Zoning 33 E Idaho Street Meridian, Idaho 83642 Re: Proposed D & B Supply Company Outlet located in Pleasant Valley Subdivision To Whom It May Concern: The above referenced project will impact the Highline #48 lateral of the Settlers Irrigation District. This lateral runs parallel to and on the south side of Fairview Avenue, past the proposed development, and carries water to homeowners in the Doris subdivision. Mr. Eugene Beck, who is a homeowner in the Doris subdivision, is the contact person for the Mghline lateral. Approval of any changes to the lateral will have to be authorized by Mr. Beck. His address is 1872 E. Carol Street, Meridian, Idaho 83642. We would appreciate reviewing the plans for piping the lateral prior to construction. If you have any question, please phone me at 344-2471. Sincerely, o�J Troy L. Upshaw, Manager Settlers Irrigation District cc: Mr. Eugene Beck GRANT P. KINGSFORD Mayor TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit forD & B Suloly BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C. WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT � IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams �k•+�s "- h Idaho Power _44 322-2047 :b� _ • 0 HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., Cityeas Clerk �`� A N MAX ROBERT D. CORRIE JANICE L. GASS. City Treasurer ■ ITY OF MERIDIAN � W. MOGTON WALT W. MORROW GARY D. SMITH, P.E. City Engineer `/ SHARI STILES BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, waste water Supt. 33 EAST IDAHO Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Phone (208) 888.4433 a FAX (208) 88711813 Chairman - Planning d Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit forD & B Suloly BY: NEB -i Company LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C. WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT � IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10 -foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. Tim Adams �k•+�s "- h Idaho Power _44 322-2047 :b� _ 10/06/94 14:26 '8`208 343 8869 HOLLAND & HART ATTORNEYS AT LAW DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BIWNGS BOISE CHEYENNE JACKSON SALT LAKE CITY WASHINGTON, D.C. Shari Stiles City of Meridian Planning and Zoning 33 East Idaho Avenue Meridian, Idaho 83642 • SUITE 1400 TELEPHONE (208) 342-SODO WEST ONE PLAZA FACSIMILE 1208) 343-8869 BOISE, IDAHO 83702.7714 MNLING ADDRESS P.O. BOX 2527 BOISE. IDAHO 83701.2527 1. FREDMCK MACK (2a) 34ZMW October 5, 1994 RECEIVED OCT 0g 1954 CITY V � f -IL t'i,ii)itii'i RE: NEB -i Company Application for Annexation and Zoning Dear Shari: As you know, I represent Barbara Myall. Barbara owns the parcel of property which is 16 acres directly south of Mr. Crandlemire's property and which stands to be affected by the proposed development of that property_ After reviewing the latest application and site plans for the proposed development, I would request that Meridian Planning and Zoning consider the following: 1. The Findings of Fact and Conclusions of Law resulting from the August 16, 1994 meeting require the applicant to disclose what the proposed uses and intention for development are for the property to be developed (see items 12 and 13). The present application and site plans fail to include lots 14, 15, 16, and 17. Applicants should be required to disclose the proposed use and intention for development for the entire parcel of property and not be allowed to exclude any portion thereof. 2. The recent application and site plans show a proposal for a D & 8 Supply retail store, which includes a storage yard. This storage yard has the potential to be a facility to store such items as farm implements, lumber and building supplies, tires, refuse storage cans and bins and other such unsitely materials. Additionally, there is a potential for noise from service trucks entering and departing from the rear of the store site. OCT 06 '94 14:25 208 343 8869 PAGE.02 10/06/94 14:27 V208 343 8869 October 6, 1994 Page 2 HOLLAND & HART • in order to minimize the adverse affect which will be created from this retail site on any development of my client's property, I suggest the following be required: - that the landscaping be increased from what is shown on the site plan to extend the full length of the rear of the retail site and that appropriate fencing, berming and landscaping be incorporated in order to shield my client's property from the view and the noise. - that the site be limited to 2 ingress/egress points from the service lane onto Wilson Road at the rear of the site; one of which should be a curb cut located immediately at the west end and one at the north end near the entry gate to the storage area. This would allow for a maximum area to be required to be fenced, bermed and landscaped to minimize the truck noise and unsitely appearance problems. Another matter for consideration which would not only benefit my client, but would seem to be in the best interests of the City of Meridian as well, is to ensure that the improvements to Wilson Road be extended to the end of the dedicated roadway and not be limited to where the proposed D & B Supply store ends. I think it is realistic to anticipate, given that "for sale" signs continue to go up on surrounding properties, that development of these properties is likely in the near future and Wilson Road access will be necessary. Similarly, the water and sewer lines should be required to be such that they would not only service the D & B Supply store, but would accommodate hook-up of future development without tearing up pavement of access roads. Thank you for your consideration of these concerns. you have any questions, please feel free to call me. JFM: kg cc: Barbara Myall 06 '94 14:26 Sincerely, HOLLAND AND HART J. Freeilck Mac 208 343 8869 If PAGE. 03 • Eugene Beck 1872 East Carol Dr. Meridian, ID 83642 Phone 208-888-4585 October 11, 1994 Meridian Planning and Zoning Commission Meridian, ID 83642 Dear Chairman, RECEIVED 0CT111994 CITY OF MERIDIAN I have been designated by the Settlers' Irrigation District to be the contact person for the homeowners in Doris Subdivision. The proposed D&B Supply Company Outlet located in Pleasant Valley Subdivision will impact the access of irrigation water to our subdivision. This project referred to above will impact the I ighline #48 lateral'of the Settlers Irrigation District. This lateral runs parallel to and on the south side of Fairview Avenue, past the proposed development, to the homeowners in the Doris subdivision. As users of this irrigation water, we would like to have this access continued and the ditch to be tiled to insure future use in our subdivision. Thank you for your consideration of this matter. Sincerely, Eu e eBeck Con act person for the Highline lateral • HOLLAND & HART ATTORNEYS AT LAW DENVER DENVER TECH CENTER COLORADO SPRINGS ASPEN BILLINGS BOISE CHEYENNE JACKSON SALT LAKE CITY WASHINGTON, D.C. Sherry Stiles City of Meridian Planning and Zoning 33 East Idaho Avenue Meridian, ID 83642 SUITE 1400 WEST ONE PLAZA BOISE, IDAHO 83702-7714 MAILING ADDRESS P.O. BOX 2527 BOISE, IDAHO 83701-2527 September 20, 1994 RE: Barbara Myall Dear Sherry: • TELEPHONE (208) 342-5000 FACSIMILE (208) 343-8869 J. FREDERICK MACK (208) 342-5000 As you know, I represent Barbara Myall. I am advised that some documentation has been presented to you on behalf of Roger Crandalmeyer and his assigns concerning his real property located on the corner of Locust Grove and Fairview Avenue. I would appreciate it if you would provide to me any and all documentation correspondence or communications that you have received concerning the application by Roger Crandalmeyer or his representatives concerning the final approval for his annexation, zoning and construction. Specifically, I would like to obtain copies of any proposed development agreement, plans or other documentation that has been submitted to you to date. Please give me a call upon receipt of this letter. Thank you for your cooperation. Sincerely, HOLLAND & HART J. Frederick Mack JFM: mg cc: Barbara Myall 44243/36046.5001 Geyer Investment Company Commercial & Apartment Real Estate Investments September 12,1994 To: Shari Stiles From: Bill Geyer Re: Development Agreement Dear Shari, Attached please find a draft of the development agreement that NEB -I would propose to use to fulfill the annexation requirement. It is virtually the same agreement that you now have with AVEST, with the exception of changes that were required for our specific application. Please respond as quickly as possible so that we may finalize this part of the annexation. Thank you. Since I , Bill Geye cc: Wayne Crookston, Jr. 500 West Idaho, Suite 265 * Boise, Idaho 83702 • (208) 345-3335 • FAX (208) 345-4484 Geyer Investment Company Commercial & Apartment Real Estate Investments August 30,1994 City Councilmen Tolsma, Yerrington, Morrow, & Corrie Meridian 215 East Franklin Meridian, Idaho 83680 Re: Request for Annexation Exception Gt U Project No. 94086 ` Dear Council Members, Please let this letter serve as our formal request to be granted at your 9-6-94 meeting an exception to the CUP requirement presently contained in your Findings, Facts, and Conclusions report. We respectfully request that lots 8-12 only, be exempted from going through the CUP process once our annexation has been approved. If we are not allowed this exception, we will be further delayed on our intent to start construction of our new D&B Supply store which we hope to have open and generating Sales Tax revenues for the City of Meridian by the end of March '95. It is critical to our financial planning to be under construction as soon as possible. We understand the City of Meridians' logic in asking for this additional review process for unknown and future development, but at this point the City of Meridian Planning Director/Zoning Administrator, Shari Stiles, is fully informed about our intention to develop lots 8-12 with our D&B supply store. Please understand that we are not trying to take any shortcuts through the process, but instead are trying to eliminate what appears to be a requirement that will serve no other purpose but to delay the completion of a project that is a permitted use in the CG zone. The CG zone, is the annexation application zone which we applied for with the assistance and guidance of the planning department. Thank you for your consideration. Res%Gey B' NEy, D&B Supply Representative 500 West Idaho, Suite 265 • Boise, Idaho 83702 • (208) 345-3335 • FAX (208) 345-4484 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4, 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply ..t •HUB OF TREASURE VALLEY JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT COUNCIL MEMBERS OFFICIALS A Good Place to Live JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 RONALD R. TOLSMA WILLIAM JANICEL. BES, City , City Treasurer JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. _WALT MORROW, C/C Planner &Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) W.L. "BILL" GORDON, Police Chief BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887.4813 BUILDING DEPARTMENT Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL 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 & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4, 1994 TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94 REQUEST: Conditional Use Permit for D & B Supply ..t LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION _TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR g0NCISE REMARK S6A 11 /tom r 740 POLICE DEPARTMENT Q ( o`_ CITY ATTORNEY 44,-,� CITY ENGINEER At E N GZU.t1�s CITY PLANNER 11-5 rl' ad I i I I I I I CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: NFB - I (D & B Supply Comnan Tnc ) PHONE f 20$j_45_9 ---Z446 ADDRESS: 3303 E. Linden, Caldwell, Idaho 83605 GENERAL LOCATION• 1885 East Fairview Ave. DESCRIPTION OF PROPOSED CONDITIONAL USE: Develop a single general merchandise retail store of approximately 50,000 sauare feet and associated parking lot.. _ ZONING CLASSIFICATION: (C-G)'General Retail and Service Commercial PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. Plans will be following soon LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by NEB -I (D & B Supply Co. Inc.) for the property generally described as located at Pleasant Valley SUBDIVISION BLOCK LOT NUMBER 8 through 13_ TO develop a general merchandise retail store and parking lot. CONTENTS OF CONDITIONAL USE APPLICATION (e,44a,_{�e& J An application for a Conditional Use Permit shall be filed with the Administrator by at least one (1) owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information where applicable. (Application available from Administrator): V1. Name, address and phone number of applicant; 2. Name, address and phone -number of owner of subject property; L1,3. Legal description of property; 4. Proof of ownership of subject property; 5. Description of existing use; 6. Present use of subject property; 7. Proposed use of the subject property; -30 S. Twenty -Five () copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 9. Characteristics of subject property which make a conditional. use desirable; 10. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred (300) feet of the external boundaries of the land being considered, and a list of all owners within the area being considered for a Conditional Use; fo 11. A fee iedestablished mailings by the council; for each property owner listed within the certified g 300 feet = Total Fee. 12. The property will be posted 1 week before hearing stating they There have applied for a Conditional Use Permit or Zoning. must be a signed affidavit that this has been done as part of the application. 11 E City of Meridian Application for Conditional Use Permit: 1) Applicant: NEB -I on behalf of D & B Supply Company, Inc. 3303 E. Linden Caldwell, Idaho 83605 (208) 459-7446 2) Owner: Roger C. Crandlemire 1400 Floating Feather Rd. Eagle, Idaho 83616 3) Legal Description: Lots 8 through 13 inclusive of Pleasant Valley Subdivision according to the Official Plat thereof, filed in Book 12 of Plats at Page 665, Records of Ada County, Idaho Except the North 12.4' thereof conveyed to the State of Idaho by deeds recorded under Instrument Nos. 388828 and 388829. 4 ) _ c4ecL 5 & 6) The present use of the land is for pasture and farmland. 7) The proposed use for the subject property is for a general retail store appealing to the agricultural and urban market. The store will provide merchandise in the following areas: Lawn and Garden Hardware and Tools Plumbing and Electrical Work and Casual Clothing Toys Tack and Animal Health Agricultural Supplies 8) 9) The subject property is classified Mixed Planned Use and is located on a principal arterial entrance to the City of Meridian. As such the development request is subject to "conditional use" processing. • Roger C. Crandlemire 1400 Floating Feather Road Eagle, Idaho 83616 September 16, 1994 City of Meridian Shari Stiles 33 E. Idaho Avenue Meridian, ID 83642 • I, Mrs. Roger C. Crandlemire, give authorization to NEB -I on behalf of D & B Supply Company, Inc. to apply for application for conditional use permit on Lot 8 through 13 inclusive of Pleasant Valley Subdivision according to the Official Plat thereof, filed in Book 12 of Plats at Page 665, Records of Ada County, Idaho. Signature Notorized by u -'d J• mac k Date Date q/16/'1L/ COMMERCIAL INDUSTRIAL AGRICULTURAL i husband and �� �€k 1�aV�lw itooelvad oltlt �. tl 1 3r , ► r r,Ys� r del• ,, : }� ,,xMp, yF do herby giant bn,aj >c C. Craltdiemire Ei dj�'� �'�{,f! womcunvitsddraabA CA 8703+p tati acs , ;+poise, Idaho r t r t *i « �CoYet�► Idah0. io wits I Srt. ♦ �. x y rr'+a I r�td 4k fi ,,rl .:M1 . lai rc rt:`Vallay Subdivision,.. x ��r Lots t through 17 . , according to the .o!lio" p ` . leso! f Bled in Sock R +� '(�! Idaho• dr 12 of Plats, at pae 665 County 0 Zxcspt the North 31.E _; stat. o! 0 ?; Idaho by deer leecorde tsWnra ttor.; �tltZt ,� and 308829. iP. ' ' ' btt Notedlitamsnts f ` ,:Together with ailk`;aad� Nitta se; appertaining! appurtenanoaP ' And' aii, wator f water rbtr' appurtenaat ` , thereto or 'connected M ' rukrject to ali 'easements tr-nlMray o! record or 1 4 appearing on the l=aid. ; ►���' �,r� zh r �! Alio subject to taxes ;rand as AMats WiedEarad'. messed t =+ "-for thi year 19„� f a �bttt� �; yet: -due nor �t Ti 'fit• ,1 ' ' ��k� '� �>o ��t%t� l �. '� t"Vg'. �a E •'k�it� s t'' �., k TO HAVE AND TO HOLD the add p mdm . with thele "Ow aaOON aato, the aald Onafea ' helm and amqu Won. And the rdd OmMors do , lMnby awmat to cad with the Otanus that t hay are Sha ow=es-la tN sbq* at veld Preade m Wt they an ina km an bre„�` : vamp Mr _W-mm”, ..,"'they wW wan=t cad debad the came k= an law�a!-elalme wMtromm ' 3. Marti . f L�. Kant �t RATs0/I0A .000M OFL%ft eTA"OVIDAMo,00UNTT0/ .Q� v� ' { , OMAN �!d .tf rZ . 1 MM.yr rlfWlr Wt tAN Me1wa>.•t, Mu od la t t c i Mbee � •weer /ubYq!• ••I lo► 01.1•. pnwlbr e•eed•t W fpwN•t -phn +8. Mrat -and _ : 1'eide",!fast n 1" /10 4: T� cY-„rtI I • � 1, ': .rll.eT .r''� I�d�11• � tMwAMAt �.r ' ” y�' • JOHN DMIM oil Mwry Few 1' CC�N��,. - i •,, d. ..IMA• /•M• MERIDIAN CITY COUNCIL MEETING: OCTOBER 3.1995 APPLICANT: ITEM NUMBER; 15 REQUEST; BARBARA MYALL• CONCERNS ABOUT D & B SUPPLY DEVELOPMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. RINGERT RECEIVED ♦ CLARK SEP 2 9 1995 C H A R T E R E DWilliam F. Ringert LAWYERS OF MERIDIAN D. Blair Clark James G. Reid Jeffrey R. Christenson James P. Kaufman Laura E. Burri September 29, 1995 Allyn L. Sweeney Patrick D. Furey Michael J. Doolittle David Hammerquist Daniel V. Steenson Steven C. Mahaffy Mr. Will Berg Samuel Kaufman(19zl-I9ss> City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: D & B Supply development - construction and activity adversely impacting the property of Tom and Barbara Myall at Wilson Lane Dear Mr. Berg: This letter and enclosed documentation are submitted on behalf of Barbara and Tom Myall to request the City Council's attention and response to certain aspects of the D & B Supply development which are having a detrimental impact on the Myalls' property located south of D & B Supply on Wilson Lane. The Myalls property is approximately 16 acres within Pleasant Valley Subdivision and includes irrigated fields for agricultural production. The property was the home of Mrs. Myall's late parents for over thirty years and is presently rural residential. The home is a viable residence which is currently leased. The Myalls do not know at this time how the land will be developed in the future. The following aspects of D & B Supply's development continue to impact the Myall property and violate the conditions of approval and Meridian's ordinances: 1. D & B's unauthorized relocation of an open irrigation drainage ditch from the boundary of the D & B property and the ACHD right of way for Wilson Lane to the frontage of the Myalls' property to carry irrigation drainage water and storm water drainage off Wilson Lane; 2. D & B's refusal to pipe or tile the ditch; 3. D & B's excavation and depositing of dirt on adjacent lots, leaving a large unsightly area of exposed dirt which has, on occasion, blown into the Myall's residence; 4. D & B's failure to provide adequate screening along the southern boundary of its development, leaving the back of the building exposed to full view from the Myall's residence; 455 South Third Street • P.O. Box 2773 ♦ Boise, Idaho 83701 ♦ 208/342-4591 FAX 342-4657 Mr. Will Berg September 29, 1995 page 2 5. D & B's failure to enclose its trash bin located along the south wall of its building and exposed to view from the Myall's residence; 6. D & B's storage of commercial materials in its parking lot in open view from the Myall's residence; and 7. D & B's construction of a trespass ditch on the NW corner of the myall property and related property damage. These conditions violate ACHD requirements, the City's Findings of Fact and Conclusions of Law, D & B's Development Agreement with the City of Meridian, the City's Ordinances and Comprehensive Plan. These conditions impose a "hardship" on the Myalls. As defined by the Ordinances, a hardship is: An unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property as is enjoyed by others in the community. A hardship can exist only when it is not self-created. 11-2-403B. With this cover are the following to be considered in support of this request: 1. photographs showing the impacts to the Myall property during various phases of the development; 2. letters from Barbara Myall and John Anderson; 3. a diagram of the drainage ditch prior to its relocation and the irrigation systems from fields located to the east of the Myall's property with an irrigation schedule identifying water users in the area; 4. a Timeline of the City's review and approval of the project, D & B construction activities, and attempts to resolve these problems through staff and D & B, and correspondence relating to the negative impacts to the Myall property which have been caused by the D & B Supply development; and 5. a summary of pertinent provisions of ACHD conditions of approval, the City's Findings of Fact and Conclusions of law in approving the annexation and zoning, the Development Agreement, and City Ordinances. As the photographs and the Timeline show you, the Myalls have endured numerous impacts to their property which they have attempted to resolve through staff and discussions with Mr. Will Berg September 29, 1995 page 3 representatives of D & B. After four months of discussions, letter writing, and requests by City and ACHD staff to correct these problems, D & B continues to refuse to take corrective action. This is why the Myalls are bringing this matter before the Council. D & B's relocation and inadequate construction of the irrigation ditch impact the users of the ditch and ACRD, as well as the Myalls. ACHD is faced with an open irrigation ditch within their right of way, which their policies forbid and which must be relocated or piped when the road is completed. John Anderson, Water Superintendent of the Nampa & Meridian Irrigation District, reviewed the ditch as a favor to the Myalls, not as a representative of the District. In Mr. Anderson's opinion, the ditch imposes an increased maintenance burden on the ditch users, as well as an unacceptable burden on ACHD and the Myalls. In his letter included in this packet, Mr. Anderson wrote. Already, by August 30, 1995, the downstream end of the pipe in front of the Myall's residence was half filled with dirt. The present configuration and grading of the ditch creates problems in operating and maintaining the ditch, as demonstrated already by the silting in of the downstream outlet. At some point, water will very likely back up in the ditch and flood the Myall's front yard. I can tell you that this situation would be unacceptable to the District and would be unacceptable to me if it were my ditch or if I owned the Myall property. You can see from the photographs taken on September 6, 1995 of the downstream end of the outlet Mr. Anderson mentions that this outlet is nearly completely covered with silt. Mr. Gigray's September 13, 1995 letter to Larry Sale claims that D & B submitted plans and specifications which "clearly showed that the waste ditch" was to be relocated and that "[t]his plan was approved by [ACHD] as well as the City of Meridian Engineering Department in accordance with the Development Agreement." I have reviewed ACHD's files and Sherry Stiles' files and discussed this matter with Shari, Gary Smith, and Larry Sale of ACHD, and found nothing which indicates any plan to relocate the ditch. The site plans do not even clearly show the prior location of the ditch. I have also found no document approving the relocation of the ditch, nor any request or approval for a waiver or variance of the explicit requirement that "all ditches, canals, and Mr. Will Berg September 29, 1995 page 4 waterways shall be tiled." This requirement is unambiguously and repeatedly stated as a condition of the development. Sherry Stiles' Comments submitted to the Council for its August 16, 1994 hearing advised "that a development agreement is necessary prior to annexation addressing * * * tiling of ditches * * *." The Council's Findings of Fact and Conclusions of Law state: That the development of annexed land must meet and comply with the Ordinances of the city of Meridian and in particular * * * Section 11-9-605., which pertains to the tiling of ditches and waterways. [A]11 ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. The Development Agreement requires D & B to plan and perform the piping of the ditch: 4. That DEVELOPER will file or cause to be filed with the City Engineer a complete set of Improvement Plans showing * * * tiling and piping of irrigation ditches * * * drainage * * * and other such improvements contemplated within the development." 5. That DEVELOPER will at its own expense, construct and install all * * * storm drains * * * tiling and piping of irrigation ditches * * * cross drains * * * in strict accordance with tiled and approved Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications." 7. * * * The Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location [of] * * * tiled and piped irrigation ditches * * *. These requirements are reiterated in the Development Agreement's Special Conditions: 4. * * * Developer shall, at its cost and expense, do and perform the following * * *: M. Canals. Ditches and Waterways. Tile all canals, ditches and other waterways which are to be preserved and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. Mr. Will Berg September 29, 1995 page 5 These requirements are based on Section 11-9-605M, which recognizes the importance of maintaining the integrity of irrigation ditches with comprehensive requirements for tiling ditches in and adjacent to new developments. This section applies equally to irrigation delivery and drainage ditches. D & B's failure to obtain the consent and approval of the ditch users and ACHD to relocate and reconstruct the ditch, its trespass upon the Myall property, and its strident refusal to remedy the problems it has created, should not be countenanced by the Council. Apparently D & B's development philosophy is to garner annexation and zoning for a vaguely defined project, ignore explicit requirements which D & B finds trifling or expensive, and then take issue with anyone who dares to enforce such requirements. This situation puts the City in the unusual position of having to either force D & B to comply with the clear and explicit Ordinances and conditions of approval, or abdicate its authority to control development within the City of Meridian. The City designed the ordinances and conditions of approval which D & B has ignored and refused to comply with to insure that new development does not unnecessarily diminish the character and value of surrounding land uses or impose unnecessary hardships on the City's residents. The Myalls request that the Council preserve its authority to enforce its ordinances and conditions of approval by taking appropriate action to remedy the violations and adverse impacts discussed in this letter. The summary of the FF & CL, Development Agreement, and City Ordinances, cites some of the enforcement options which may be appropriate under the circumstances. In response to Mr. Gigray's September 28, 1995 letter to Mr. Berg, D & B's due process rights are in no way threatened by the Myalls' request for your attention issues which the Myalls, the City, and ACHD discussed with D & B several times over several months. D & B has had notice of these issues and will have an opportunity to explain and defend its activities to the Council. Staff has attempted to address these matters as Mr. Gigray suggests in his letter. Because these efforts have been unsuccessful, we believe it is necessary for the Council to be apprised of the situation so that it may determine how to proceed, either through staff or its own action. Yours very truly, 40WAAL� Daniel V. Steenson Enclosures RINGERT ♦ CLARK CHARTERED LAWYERS BY FACSIMILE AND MAIL Mr. Will Berg City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 RECEIVER zi t r z ( ozm William F. Ringert D. Blair Clark CITY OF MERIDIAN Jam aJeffmes Reid rey R. Christenson James P. Kaufman Laura E. Burri Allyn L. Sweeney Patrick D. Furey Michael J. Doolittle David Hammerquist Daniel V. Steenson September 26, 1995 Steven C. Mahaffy Samuel Kaufman (1921-1986) Re: D & B Supply development - construction and activity adversely impacting the property of Tom and Barbara Myall at Wilson Lane Dear Mr. Berg: As we discussed by telephone today, this is to request that the above -referenced matter be scheduled for consideration by the City Council at its next regular meeting on Tuesday, October 3rd, 1995 at 7:30 p.m. at the Meridian City Hall. Barbara and Tom Myall request that the City Council review this matter and take appropriate action to correct certain aspects of the D & B Supply development which are having a detrimental impact on the Myalls' property located south of D & B Supply on Wilson Lane. The following aspects of D & B Supply's development continue to impact the Myall property and violate the conditions of approval and Meridian's ordinances: 1. D & B's unauthorized relocation of an open irrigation drainage ditch from the boundary of the D & B property and the ACHD right of way for Wilson Lane to the frontage of the Myall's property to carry irrigation drainage water and storm water drainage off Wilson Lane; 2. D & B's refusal to pipe or tile the ditch; 3. D & B's excavation and depositing of dirt on adjacent lots, leaving a large unsightly area of exposed dirt which has, on occasion, blown into the Myall's residence; 4. D & B's failure to provide adequate screening along the southern boundary of its development, leaving the back of the building exposed to full view from the Myall's residence; 455 South Third Street . P.O. Box 2773 • Boise, Idaho 83701 . 208/342-4591 FAX 342-4657 Mr. Will Berg September 26, 1995 page 2 5. D & B's failure to enclose its trash bin located along the south wall of its building and exposed to view from the Myall's residence; and 6. D & B's storage of commercial materials in its parking lot in open view from the Myall's residence. I will appear on behalf of the Myalls, and will deliver to you no later than Thursday of this Week ten copies of a letter with documentation to be considered in connection with the Myall's request. I have discussed this matter with Sherry Stiles and Gary Smith, who have been involved in the City's review of the D & B Supply development. I am faxing a copy of this letter to William Gigray, the attorney who represents D & B Supply, and to Larry Sale of ACHD, to ensure that they have notice of our presentation to the City Council. Please contact me if you have any questions or require any further information. Yours very truly, 44uj---� Daniel V. Steenson cc: Barbara Myall William F. Gigray III Larry Sale WM. F. Ger-PAY. = DANIEL R. HARDEE WILLIAM A. MORROW CHRISTOPHER S. NY= PHILIP A. PETERSON STEPHEN L. PRUES ERI4 S. ROSSMAN TODD A. A0$3MAN TERRENCE R. WHITE WHITE. PETERSON. PRIISS. MORROW & GIGRAY. P. A. ATTORNEYS AT LAW 104 NINTN AVENUE sOUTH POST Omcr 90X 247 NAM PA. 10ANO 63615,♦+ -024 (208) 469-9272 (209) 066.1462 FAX (208) 466-44OS September 13, 1995 Mr. Larry Sale Development Services Supervisor Ada County Highway District 318 E. 37th Boise, ID 83714 Walk oJrtoea also is CALDWELL. 1 oAMO (209) 464-9990 Re: D & B Supply Co., Inc. Development Agreement w/City of Meridian - Wilson Lane Matter Dear Mr. Sale: Please be advised that I represent D & B supply co., Inc. and the Schrandt Family Partnership, an Idaho partnership regarding the above -reference matter. I wish to state the position of my client concerning the requests that have been made by you as set forth in your letter to Jim Merkle and West Valley Builders dated July 19, 1995. With regards to that letter, it is my understanding that a meeting has been held on site which meeting included yourself and representatives of the Ada County Highway District, representatives of the engineers, Jim McGarvin representing West Valley Builders, and Daniel Steensen representing Barbara Myall property owner to the south of Wilson Lane. It is my understanding that requests 3 and 4 of your letter of July 19 have been complied with, and that west Valley Builders has agreed that they will regrade the barrow ditch along the south side of Wilson Lane in accordance with District standards once the water is out of the ditch which will occur this fall. As to the request to relocate an irrigation ditch (this ditch was and is a waste water ditch) "out of the right-of-way of Wilson Lane," it is my client's position that in accordance with the provisions of the "Development Agreement" dated November 1, 1994, between the City of Meridian and the Schrandt Family Partnership, my client in conjunction with its engineers caused to be prepared and modified, various plans and specifications for the improvements on the real property. The plans and specifications included all irrigation ditches and waste water ditches and drainage affected by the development. This included ail matters relating to Wilson Lane. My client's engineers worked with the SEP 28 '95 09:50 12084664405 PAGE.06 Mr. Larry Sale September 13, 1995 Page 2 their CityOf of the plans Meridian and the Ada County Highway District in obtainin and specifications for the dev 1 g W e opment.. e understand that Item 1 of your letter actually concerns the waste Mater ditch which serves as a drain for waste water from two fields to the east and southeast of my client's property. That prior to the development the subject waste water ditch wasr already aitbint Property, District's right of way.The Highway clients development cearly showed tanhat sthe®� a OnS for oirMmy Proposed to be moved from the northern part of the right of way of Wilson Lane to the southern part. This was accomplish the development plan calked for my client'spropertyoed because drainage on site and therefore eliminated thner any darn all from the site into the old waste water ditch that used to drainage the northern portion of the Wilson Lane right of way.This traverie lan was approved by the Ada County Highway District as well as of Meridian Engineering Department in accordance w tthe City Development Agreement:`th ® As a result and with reliance upon the approval of the plans and specifications, my client's development was constructed in accordance with the approved plans, those approved plans provided for pavement, curbing, and landscaping in areas adjacent to where the waste ditch used to be. Because the improvements have been constructed, the installation of a waste water line within and across the southern portion of my client's property would be extremely costly and a great deal more costly than it would have been had a requirement been made, at the time that the plans were considered for approval. My client and its agents have completed their obligations and are now entitled to the issuance of the occupancy permit. vm cc: James C. Merkle, P.E. Dick Schrandt Jim Mccarvin Daniel V. Steenson Very truly yours, Wm. F. G ap=� SEP 28 '95 09:51 12084664405 PAGE.07 I -Ti TN-) HUS13LE ENGINEERIN _y 9860 Bethel Court • eolse, laaho 83709 My 17, 1995 Mr. Larry Sale Ada County Highway District 318 N. 37th St. Use, ID 83714 FN 9418900 0: Drainage Ditch along Wilson Lane Bear Larry: INC. 20813?,2,8992 ■ Fax 2Mrjn As per our conversation on July 14, 1995, regarding the drain ditch along the Myall property on the south side of 'Wilson Lane, the ditch comes fiom the South and is apparently an overflow ditch when landowners to th the sou aid east are not diverting water for irrigation. The ditch also picks up waste water from the field adjacent to the eist Before development of the D&B site, the ditch was piped in 12"11CP from the south to the north side ofthe existing gavel road at the east end of Wilson Lane. From there it ran to the west and picked up waste water from the D dt Biparcel. At the intersection of Wilson Lane and Locust Grove, the ditch ended at another 12" RCP that brought water back to the south side of Wilson Lane where it flows along Locust (hove to Nampa -Meridian Inigation District's drain. The ditch came from and went to the south of Wilson Lane and the only apparent reason it ran 41ong the north side of the gravel road in Wilson Lane was to pick up drainage from the field where the D & B Supply now sits. Upon development of the D & B Supply site, we were required to retain an our drainage on site and improve the ndrth side of Wilson Lane with a 12.0 & lane on the south. Because the D & B site did not drain off-site, the ditch wis not needed on the north side of Wilson Lane. Instead it was kept along the south side of the asphalt in the barrow where it also picks up the nun -off from the sourthside of Wilson Lane. In regards to Jon Thompson's letter dated June 30, 1995, we have spoken with Tun McGarvm of West Valley Builders and he says that he has no problems doing the work mentioned and it will be done as soon as they can get into do the work. If you need to have a meeting on site, please let us know when so we can schedule with Tim N*Gaarvin. Sincerely, Riphard J. Tomlinson R>�Ivw/2432.ltr cc; Jim McGarvin, West Valley Builders SEP 28 '95 09=51 12084664405 PAGE.08 FACS ZM= LE COWER SHEET CONFIDENTIAL To: Will Berg Meridian City Clerk 208-887-4813 FROM: Wm. F. Gigray, III White, Peterson, Pruss, Morrow & Gigray, P.A. office: 208-466-9272 fax: 208-466-4405 You should receive pages of copy including this cover sheet. If you do not receive all pages, soon a Possible. Our telephone numbers are 208-466-9272 orC208s888 14825 Thank you. SEP 29 '95 09=47 12064664405 PAGE.01 WHITE. PETERSON. PBUSS, ,MORROW P. A. ATTORNEYS AT LAW WM, F. GIGRAY, III 104 NINTH AVENUE SOUTH DANIEL R. HARDEE POST OFFICE BOX 247 WILLIAM A, MORROW CHRISTOPHER NAMPA, IDAHO 83653-0247 Wi6h Offices x180 tiri S. NYE PHILIP A. PN ETERSO (203) 466-9272 (208) 889-1492 CALDWLLL. IDAHO STEPHEN L. PRU59 FAX (208) x68-4405 (206) 454-8990 ERIC'S. ROSSMAN TODD A.ROSSMAN TERRENCE R. WHITE September 28, 1995 FACSIMILE TRANSMISSION 208-887-4813 Mr. Will Berg City Clerk City of Meridian 33 E. Idaho Meridian, ID 83642 Re: D & B Supply Co., Inc. Development Agreement with the City of Meridian/Tom and Barbara Myall'Request Dear Mr. Berg: The purpose of this letter is to follow up my telephone conversations, as attorney for D & B Supply Co., Inc,, with Gary Smith and Will Berg which contact was in response to a copy of a letter I received from Daniel V. Steenson dated September 26, 1995 requesting an audience with the City Council for his client regarding the above -referenced matter. Please be advised that D & B Supply Co., Inc.'s position concerning the matter is set forth in my letter to Mr. Larry Sale, Development Services Supervisor, Ada County Highway District, dated September 13, 1995, a copy of which is enclosed. I an also enclosing a copy of a letter which Richard J. Tomlinson wrote to Larry Sale dated July 17, 1995 which concerns the drain ditch along Wilson Lane for your review. Please be advised that my client's position is that they are in full compliance with their development agreement and conditional use permit. Because the Myall request involves matters of a contractual relationship between my client and the City and may also involve matters of the conditional use permit, these questions invoke certain due process rights. It is my client's position that these matters are more appropriately handled at a staff level first. Please be advised that we request a copy of the agenda for the Tuesday evening meeting and do hereby give notice that any determination or predetermination by the Council that would affect any due process rights of my client will be noted for future reference. SEP 26 '95 09:48 12084664405 PAGE.02 SEP 28 195 09:51 WHIT PETERSON ET AL Mr. Will Berg September 28, 1995 Page 2 054 P03 On the other hand, my client wishes to be cooperative with the city and is presently reviewing and will be responding shortly to the letter dated September 12, 1995 received from Shari L_ Stiles which concerns some of these matters. vm CC: If you have any questions or comments, please advise. Ver ly yours • Gi ay II Wayne Crookston Daniel V. Steenson Richard Schrandt West Valley Builders, Inc. James Merkle Richard Tomlinson Rod Snyder d%b/ befvy .1tX SEP 26 '95 09:48 12084664405 PAGE.03 July 17, 1995 HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 Mr. Larry Sale Ada. County Highway District 318 N. 37th St. Soise, ID 83714 PN 9418900 0: Drainage Ditch along Wilson Lane Dear Larry= 208f3224M a Fax 2Mr.78.p= As per our conversation on July 14, 1995, regarding the drain ditch along the Myall property on the south side of Wilson Lane, the ditch comes from the South and is apparently an overflow ditch when landowneas to the south afid east are not diverting water for irrigation. The ditch also picks up waste water from the .field adjacent to the eist Before development of the D&B site, the ditch was piped in 12"'RCP from the south to the north side of the existing giavel road at the east end of Wilson Lane. From there it ran to the west and picked up waste water from the D & 6pamel. At the intersection of Wilson Lane and Locust Grove, the ditch ended at another 12" RCP that brought water back to the south side of Wilson Lane where it flows along Locust Grove to Nampa Meridian Irrigation District's drain. The ditch came from and went to the south of Wilson Lane and the only apparent reason it ran Tong the north side of the gravel road in Wilson Lane was tock up drainage from the field where the D & B Supply now sits. Upon development of the D & B Supply site, we were required to retain all our drainage on site and improve the n*th side of Wilson Lane with a 12.01 lane on the south. Because the D & B site did not drain off-site, the ditch wLs not needed on the north side of Wilson Lane. Instead it was kept along the south side of the asphalt in the barrow where it also picks up the run-off from the southside of Wilson Lane. In regards to Jon Thompson's letter dated June 30, 1995, we have spoken with Jim McGarvin of West Valley Builders and he says that he has no problems doing the work mentioned and it will be done as soon as they can get inito do the work. If you need to have a meeting on site, please let us know when so we can schedule with Tim M*Garvin. Siltcerely, Riphard J. Tomlinson R-Tlvw/2432.ltr cc; Jim McGarvin, West Valley Builders SEP 26 '95 09:51 12084664405 PAGE.08 SEP 28 '95 09:50 WHIT PETERSON ET RL 054 P01 FACS►=MXX.E COVER SHEET CONFIDENTIAL TO: Will Berg Meridian City Clerk 208-887-4813 FROM: Wm. F. Gigray, III White, Peterson, Pruss, Morrow & Gigray, P.A. office: 208-466-9272 fax: 208-466-4405 You should receive pages of copy including this cover sheet. If you do not receive all pages, please call back as soon as Possible. Our telephone numbers are 208-466-9272 or 208-888-1482. Thank you. SEP 29 '95 09:47 12084664405 PAGE.01 09/26/95 17:35 V12083424657 RINGERT CLARK FACSIXILE COVER 81128? 10001/003 DATE: September 26, 1995 The transmission that follows totals pages, including this coversheet. Please immediately deliver the following pages to: NAME: Will Berg FIRM: City Clerk CITY: Meridian FAX No: 887-4813 This transmission is being sent by: NAME: Daniel Steenson FIRM: Ringert Clark Chartered 455 South Third Street, P.O. Box 2773 Boise, Idaho 83701-2773 FAX NO: (208) 342-4657 Please call the facsimile operator indicated below if there is a problem in transmission. OPERATOR: Carolyn Bundtrock TELEPHONE NUMBER: (208) 342-4591 MESSAGE: SEP 26 '95 16:42 12083424657 PAGE. 01 s JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary William F. Gigray III, Esq. 104 Ninth Avenue South P. 0. Box 247 Nampa, ID 83653-0207 Re: D & B Supply Co., Inc. Dear Mr. Gigray: September 29, 1995 I write as Attorney for the Ada County Highway District in response to your letter of September 13, 1995, addressed to Larry Sale. Please address any further communications regarding this drain ditch problem to my attention. ACHD's policies require that all developers of a particular site locate all irrigation delivery and waste -water facilities out of the public right-of-way as a condition of development of the site. In this case, the ditch in question served to drain irriga- tion waste -water not only from several adjoining parcels, but also from the parcel developed by D & B Supply Co., Inc. There- fore, in accordance with ACHD's development policies, it was the obligation of D & B Supply to relocate this ditch out of the public right-of-way. Rather than complying with this condition, D & B Supply chose to relocate the ditch from the northern part of the right- of-way of Wilson Lane to the southern portion of the same right- of-way. This was done without any permission, authorization, or even discussion with ACRD. The new location of the ditch unilat- erally chosen by your client creates an unacceptable safety haz- ard. It is ACHD's position that since your client created the hazard, it is your client's responsibility to correct the hazard. D & B Supply defends its actions on the basis that its plans and specifications, "...clearly showed that the waste ditch was proposed to be moved from the northern part of the right-of-way of Wilson Lane to the southern part." Unfortunately, this is simply not the case. A couple of the plans faintly indicate a depression at the former location of the ditch. These plans do not specifically call out that an irrigation ditch is present. Further, the symbols used to show the ditch do not comply with ada county highway district 318 East 37th • Boise, Idaho 83714-6499 . Phone (208) 345-7680 Letter to Wm. Gigray III Re: D & B Supply Co., Inc. September 29, 1995 Page 2 the legend symbols for a ditch. Also, the faint symbols are almost entirely covered up by the bold new construction plans. From these plans it is simply not reasonable to expect a plans reviewer to identify that an irrigation facility existed at this location. More significantly, there is absolutely no indication on the plans of a proposed relocation of the ditch. The developer had an obligation to show the proposed relocation on the plans. Accordingly, even if the plans reviewer had noticed the inade- quate markings for the ditch, the appropriate conclusion to draw would have been that the developer intended to simply fill in the ditch in that it was no longer necessary. In short, there was no approval by ACHD or Meridian for the ditch relocation and so your client's actions in relocating the ditch were totally unauthorized and in violation of ACHD's and Meridian's policies. Based upon the above, ACHD renews its demand that this irri- gation waste -water facility be relocated at the expense of D & B Supply out of the public right-of-way. Until this demand is complied with, ACHD will continue to recommend to the City of Meridian that the occupancy permit not be issued and will so advise the City by a copy of this letter. Sincerely, 4DA,UN I jGHW�AY RISTRICT David E. Wynkoop, Attorney DEW: as cc: Larry Sale City of Meridian, Attn: Shari Stiles Daniel V. -Steenson 10 • n u 1 PhoVopap Als /mp-q c-6 Stts,kw�i Pe,•er- S�ticalkle C,AowiOfF ow�c�1 sc?r t P" -0'S o,oe- : 4cj4b Cv�cl.�F. aas ffi d CL _ Devc4opx4ev-1 Apae^ezi - & �y oeci.:l. %C K READY INDEX " INDEXING SYSTEM W^ -MR PWROA4 aaw of -mm slim-jo 60a PLG(.o MY -r•PHor4a PO..0 2. 1q-L?5- Tved. 4s w n i'k .'i � kms"'_ :'�-•'$9�^� 5: =W, f. — PW i,• -i T f :era -� a :�•�: =W, f. — PW i,• -i T l: I =W, f. — PW i,• -i Li ..c 5 1 s ^fi ir 6p PWrn (° � l l v G • �. l -. 6/95 Ditch made by D&B grader and PVC culvert left for front of shed. ,51Z7lQS A/CW Al -CH ��`tf't.oYEE Cq&>S PARj4CcA0 O ti! N/lG SON G ia�lE. A NLG 6-3-45 cru ^--cam FFso wA GvT' o PF orrcA4 Ft ummj o6 w FR.oNT or MOOSE. U ly Sows TF16RS W&*S "CVC% k h ot'raH pawrJ S Saab OP 0 WU-40" L-^636 oR 'THERE Z wou .D K 4V8 BMW aw WL.QT BIZ w& -mm. Z'O Qwev. GRAIN —5 Now 0 p «�s d i 3 -d -SIS" -� - q10 /D V , Ili Z-1 i_t► -, y_b-ys- L� r�■ 4-6 -'tzr Id- 9-4- 9s - T & B Myal l - 805-683-1771 - Created: Thursday, September 28, 1995 2:46 PM - Page 1 of 3 ----------------------------------------------------------------------------------------- September 18, 1995 City of Meridian 33 East Idaho Street Meridian, ID 83642 Meridian City Council Grant P. Kingsford, Mayor Ronald R. Tolsma Max Yerrington Robert D. Corrie Walter Morrow Gentlemen: Barbara C. Myall 6,227 Marlborough Drtve Goleta. CA 93117 805-683-1771 Planning and Zoning Commission Jim Johnson, Chairman Jim Shearer Mohmmad Alidjani Charles Rountree Tim Hepper This letter is to inform you of ongoing problems adversely impacting our property at 1470 N. Lnr_ust Grnva Road, raSulting from tha do-voInpmont of D&S Supply. During the past fifteen months we have been proactive in expressing our concerns to the City of Meridian. Based on the information we had about the development, we presented our concerns during the approval process at public hearings before the City Council and the Planning and Zoning Commission in the attempt to avert potential adverse impacts to our property. Our concerns were to insure that development be compatible with the current residential and agricultural uses and with any future development, whether it be high density housing, limited office or commercial. We requested that adequate screening and buffering be required to screen current use as well as future development and to insure neighborhood compatibility, as called for in your Comprehensive Plan. As we testified before the Planning and Zoning Commission on October 11, 1994, the residence has been leased. As a lessor we have the responsibility to provide to ensure a safe, secure and maintained residence. We were concerned that the tenants' rights to peaceful enjoyment of the residence not be interrupted or unnecessarily disturbed during construction. Unfortunately, commencing with Barbara C. Xyall. September 18. 1995 T & B Myal I - 805-683-1771 - Created: Thursday, September 28, 1995 2:46 PM - Page 2 of 3 ----------------------------------------------------------------------------------------- construction during November 1995, our former tenants were beset by intolerable conditions: an impassable road, the front yard excavated without permission, a brick planter demolished, theft of well water by the construction company, blowing trash from construction site and exposed dumpster, predawn garbage collection, and a hastily constructed open ditch in the public right-of-way carrying diverted irrigation drainage and road run-off water not more than thirty feet from the front door and draining into a trespass ditch in our NW field, to name but a few. I requested that my property manager contact Meridian P and Z with the tenants' complaints, which she did, but she never received a reply. Not surprisingly, these discouraged tenants vacated on May 2, 1995. With these adverse conditions visibly present, the residence remained vacant until August 19, 1995, resulting in considerable financial damage to us, as well considerable stress from the worry about the security of the property. Currently, a family with three small children is leasing the residence. The open ditch in front of the house continues to present a potential hazard to small children. The tenant reports that her toddler is attracted to the murky water. The open ditch serves, as well, as a collector of debris and a breeding ground for mosquitoes. This past summer was consumed by our attempt to resolve this situation. When we arrived in Meridian on May 27, 1995, we discovered that the historic irrigation waste water ditch, that has drained four properties east of us as well as D&B land, had been hastily relocated by D&B from the north side to the south side of Wilson Lane and was draining into a trespass ditch, constructed by D&B, in our NW field. Further proof is that a back -hoe was still parked in front of our house. The damage to our NW field has not been repaired to this date. We were later told by a neighbor immediately east of D&B, Ray Tuckness, that when eastern property owners commenced irrigating this spring, the eastern D&B storage yard was flooded with their irrigation run-off water. Hence, D&B hastily relocated the ditch to the S side of Wilson Lane. We were immediately concerned about the integrity of our well. We were outraged that D&B had moved the ditch, without consulting anyone, when their Development Agreement clearly requires the tiling of all ditches on their property. We immediately notified ACHD and the City of Meridian Engineering and P and Z staff. Larry Sale, ACRD, scheduled two meetings with D&B, City of Meridian, our attorney and us. He stated ACHD's position, suggested three options and told D&B to contact us to resolve this problem and notify him of possible options. We were never contacted by D&B with a response or a proposal regarding the tiling of the ditch. Now ACHD has been notified by D&B's attorney that they intend to do nothing. Obviously, D&B has demonstrated tl iat tl icy cu C i I Vl WIIIIi iy w wuplal ata. We observed and expressed our concern to the City about the inadequate screening provided by several small arborvitae planted on the north side of Wilson Lane, several of which are dying. We are concerned about the recently excavated dirt from the &arhara G. ✓Ztiyall. 5eprember 111995 T & B Myal I - SOS -683-1771 - Created: Thursday, September 28, 1995 2:46 PM - Page 3 of 3 ----------------------------------------------------------------------------------------- construction site that was spread on the undeveloped portion of D&B land and is blowing onto our property. We also object to the unscreened outdoor storage of materials in the western parking lot, which is clearly not meant to be a storage yard and is a very unsightly view from our residence. We strongly feel that the City of Meridian has a responsibility to protect our property rights and to insure that new development is not detrimental to our property. Our attempts to resolve these problems with the City of Meridian staff and with D&B have come to no resolution. For this reason we request that the City of Meridian take the appropriate actions under the Development Agreement and Zoning and Subdivision Ordinances to address and remedy the aforementioned damages and adverse impacts imposed on our property by the development of D&B Supply. Sincerely, /s/ S"i" a e. N"& Barbara C. Myall Barbara G. xyall. September 15, 1995 i. E C E VF m 15 September 1995 sip 9 1995 Daniel Steenson Ringert Clark Chartered 455 South Third Street P.O. Box 2773 Boise, Idaho 83701 Re: Myall Property in Meridian/Relocated Drainage Ditch Dear Dan: On August 17, 1995, I met with you and Barbara and Tom Myall at their property on Wilson Lane to review the relocated ditch along the front of the Myall's property. I did this as a personal favor to the Myalls, not in my capacity as Water Superintendent of the Nampa & Meridian Irrigation District. It is important for me to clarify that the comments in this letter are not made on behalf of the District. My knowledge of the Myall's property and the waste water ditch comes from personal observation, from having known and worked with Andy Wolfe, Mrs. Myall's step -father who owned the Myall property and maintained the irrigation delivery system for the Pleasant Valley Subdivision, and from Bill Henson of the District, who frequently observed the ditch. The drainage ditch, which is now located on the south side of Wilson Lane, was originally located somewhere in the vicinity of the sidewalk and the planter area on the north side of Wilson Lane. The ditch carries waste water from four fields to the east of the Myall's property and eventually discharges this water to the Jackson Drain. It is apparent that the inlets and pipe installed in the relocated ditch in front of the Myall's property are undersized and inade- quate to carry the waste water, and certainly inadequate to carry waste water and storm water drainage from Wilson Lane. I under- stand that the pipe and inlets were installed sometime in July of this year. Already by August 30, 1995, the downstream end of the pipe in front of the Myall's residence was half filled with dirt. The present configuration and grading of the ditch creates problems in operating and maintaining the ditch, as demonstrated already by the silting in of the downstream outlet. At some point, water will very likely back up in the ditch and flood the Myall's front yard. I can tell you that this situation would be unacceptable to the District if this were a District facility and would be unacceptable to me if it were my ditch or if I owned the Myall property. 15 September 1995 Daniel Steenson Page 2 In my opinion, the ditch must be either moved to a different location if it is to continue to be an open ditch or placed in pipe if it is to remain in its present location. I understand that the Myalls do not intend to grant any easement across their property for the ditch. In my opinion, this leaves three options for the ditch. First, the ditch could be restored to its original channel on the north side of Wilson Lane. This would involve removing some of the sidewalk and possibly part of the planter area. The sidewalk and planter area could be replaced after the ditch was located in the same channel as it coursed in the past. Second, if the drain or waste ditch is to remain in its present location on the south side of Wilson Lane within the Ada County Highway District right-of-way, it should be placed in 18 -inch concrete pipe along the full length of the frontage of the Myalls' property. If the drain had clean-out boxes every 200 feet and if it continued on past the Myalls' property, I believe the mainte- nance problems would be eliminated. Placing the drain under the street right-of-way is a common practice in other areas. One example is Nampa & Meridian Irrigation District's Atkins Drain in Danbury Fair Subdivision. This is the new subdivision located directly west of this piece of ground. Ada County Highway District maintains the drain under the roadway. A third option would be to relocate the ditch along the east property line of the Myall's property to deliver the waste water back to a Settler's canal. Although this would require obtaining an easement from the owner of the property, it would have the advantage of moving the ditch to a location where it could remain as an open ditch without affecting the roadway or the Myall's property. If you feel that we need to discuss this matter further, please feel free to contact me. Sincerely, John P. Anderson ,� /�t�? �t �IV���� �•Ip<< s G{/r�i�c�t July 1,1994 Seders Irrigation Oistrict 1910 N. Garden P. 0. Box 7571 Boise. 10 83706 208-344-2471 M -W -F Sam co 3pm Headgar--343-5271 IRRIGMION SCHEDULE Name TiMe =.? lowed Acres ?hone nor Water Hours Jess Cortac;-ar_a 1:..0 c.0 2365 E . F a_rv.ew D1ot us -ng Mi hers V.. Of water 3.8133 888-7793 Steve ?ccne 12.0 4.0 3.0508 889-1411 2320 E. jai _vieTri ( ead Cate =or Tuckness ' s front -use E side of shed) ne Thompson 3.0 1.0 .7027 lorra4 ,?n3 May not be us_ng 1994 ar: & Ruela Edwards 30.0 1^u.G 7.6'70 2 2 3 3 E » a _ r view 6/29/94 meet with Art. He does not make up schedule as not many people using water. Thinks only Hoppe, Himself, Snodgrass and Tuckness are using. Said I could use what i wanted. I said I would use for 48 hr ( 2 Days ) and turn over to Hoppe. Said people on other side or Fairview also were entitled to water, but their ditch under Fairview was plugged and so couldn't get water. No one is really maintain ditches since Andy Wolfe quit doing it. Cee & uelana Llawea 1''.G 4.0 3.0508 889-'799 ` "._r�;+ew sa- .;d Dee �.as ^aJJ ed away. _ May not be pus, 1994. .7627 8a8-occ9 214 3 E . = airv�.ew - Ma.T aot be .:s i . 1 9 y94 John.Wasden 37.0 19.0 14.4914 12002 :_ddler Dr. 3oise - May not be using 1994 Tressie Snodgrass -24.0 8.0 0.106 2030 E Fairview Lawrence Tuckness 2c.J 8.5 6.4830 377-1283 898-2095 988-2077 1 n Da_w_:^. Va derStel � cc . 5 18 . S 4.1100 887-9�: 1'.-70 N. Locust Grove (Thom & Barbara Mva_i) On 6/29/941 gave John VanderStelt the Phone Number of Steve Hoppe and Ray Tuckness, saying that Tuckness would call VanderStelt when he was done with the water and that they should call Hoppe when done and that they have the water for 48 hours ( 2 Days ). I gave the schedule to John after talking to Darwin, who was spraying the garden with Insecticide. 6/29/04 talked with Vickie. She wasn't sure but thought that PVS was entitled to 47.92 inches, but that Tray Upshaw would call to confirm and about the Easements. TIMELINE 1. June 9, 1994 - ACHD staff Preliminary Report with conditions of approval and required street improvements. 2. June 14, 1994 - Planning & Zoning hearing on NEB -I Company request for annexation and commercial zoning of a 9 acre parcel owned by Roger Crandlemier, Jim Merkle, Hubble Engineering, appeared for NEB -I. 3. June 15, 1994 - ACHD Commissioners approved conditions of approval and street improvements for D & B's annexation/ zoning request. 4. July 12, 1994 - Planning & Zoning approved the Findings of Fact and Conclusions of Law (FF & CL) for annexation/zoning, which express concern that NEB -I had not identified its development intention, states that the parcel will not be annexed if NEB -I fails to meet the FF & CL conditions, requires execution of a development agreement, and specifically requires that all ditches must be tiled or the parcel will be subject to de -annexation. 5. August 16, 1994 - City Council hearing on NEB -I request for annexation and zoning, Jim Merkle, Hubble Engineering, appeared for NEB -I. The Myalls appeared, requesting that their property the impacts to their property be considered. 6. September 6, 1994 - City Council approved the FF & CL for annexation/ zoning, which was amended to reflect additional testimony, again expressed concern that NEB -I had not identified the proposed use of the property, states that the parcel will not be annexed if NEB -I fails to meet the FF & CL conditions, and specifically requires that all ditches must be tiled or the parcel will be subject to de - annexation. 7. Conditional Use Application filed by "NEB -I (D & B Supply Company, Inc.)" of Caldwell for a "general merchandise retail store." "Plans will be following soon." 8. October 11, 1994 - Planning & Zoning hearing on D & B Supply's conditional use permit application, Dick Schrandt appeared for D & B. The Myalls appeared, requesting that their property be protected through adequate buffering and screening. 9. Planning & Zoning approved the FF & CL, which were amended to reflect additional testimony and specifically screening of the Wilson Lane side of the development. 10. November 1, 1994 - City of Meridian and the Schrandt Family Partnership (D & B) executed a Development Agreement, which required D & B to tile or pipe all irrigation ditches at is own expense, and provided for withholding Certificates of Occupancy and water service and foreclosure of posted security for failure to construct improvements, and de - annexation of the parcel for failure to comply with the City's Ordinances, Comprehensive Plan, and the FF & CL, 11. November, 1994 - D & B began construction of its retail store. 12. May 2, 1995 - The Myalls' tenants, discouraged by the conditions at the Myall residence as a result of the D & B construction, vacate the residence. The residence remained vacant until August 19, 1995. 13. May and June, 1995 - The Myalls discovered that D & B had: 1. Relocated an open irrigation drainage ditch from the boundary of the D & B property and the ACHD right-of- way for Wilson Lane to the south side of Wilson Lane along the frontage of the Myalls' property, within 10 feet of their domestic well and 30 feet of their front door (the ditch had been in its prior location from some time during the 1950s, if not earlier, and drained fields located to the east of the D & B property and the Myall property); 2. trespassed onto the NW corner of the Myall property with a backhoe which left deep ruts and constructed a ditch which diverted drainage water from the new drainage ditch onto their property; 3. filled one of the Myall's irrigation ditches with sand; 4. placed a trash dumpster in the D & B parking lot with no screening in open view and left it open so that debris blew into the new ditch and onto the Myall's front lawn (the dumpster has been moved to a different location in the back of the building, still open to view and unscreened); 5. destroyed one of the Myall's brick planters at the entry of their driveway (later reconstructed by D & B); and 6. placed dirt excavated from the store site onto adjacent lots to the west, which blew into the Myall's residence in high winds; 7. planted only small arbividae, three feet tall and widely spaced, for screening of the back of the D & B building. 14. June, 1995 - the Myalls advised Shari Stiles and the Ada County Highway District of the problems with the ditch and requested that the drainage ditch be tiled and the damage to their property be repaired. 15. July 19, 1994 - Larry Sale letter to D & B's contractors, stating that "the following must be done immediately": 1. Relocate the irrigation ditch out of the right-of-way of Wilson Lane. 2. Regrade the borrow ditch along the south side of Wilson Lane to district standards. 3. Provide an adequate driveway to the Myall Shed. 4. Reconstruct the irrigation wasteway to the drain ditch across Locust Grove/Wilson Lane. 16. July, 1994 - D & B installed and covered an 8" pipe plastic with a drop inlet in the new ditch in front of the Myall's house and shed to provide access to the shed, and a drop inlet and pipe to connect to the culvert and pipe at the west end of Wilson Lane. The remainder of the new ditch remained open. 17. July 27, 1994 - Meeting with Larry Sale, the Myalls, Daniel Steenson, D & B contractors to discuss D & B's relocation of the open drainage ditch. Topics during the meeting: 1. Larry Sale stated that relocation of the ditch was an error and was not shown on the plans submitted to ACHD, nor approved by ACHD, and reiterated the requirements he stated in his letter. 2. D & B contractors asked if it was feasible to pipe the ditch in its new location along the south side of Wilson Lane. Mr. Sale stated that this option would be considered if there were no other alternative, and would require a payment to the Myalls or ACHD to cover future relocation of the ditch. 3. The possibility of obtaining and easement from the Myalls to relocate the ditch to their property was discussed. The D & B contractors stated that they would contact Mr. Steenson if they wished to pursue that option. 4. Mr. Sale instructed the D & B contractors to submit a proposal to ACHD no later than August 2, 1995. 18. July, 1995 - D & B begins storing commercial materials outside on their parking lot, in direct view from the Myall residence. 19. August 2, 1995 - Steenson letter to Larry Sale, informing him that D & B had made no contact to discuss options. 20. August 4, 1995 - Larry Sale Letter to Daunt Whitman and Shari Stiles, advising them that D & B had not submitted a proposal to rectify the problems caused by relocation of the ditch, and request that the City of Meridian "refuse to issue the Final Certificate of Occupancy to D & B Supply until their contractor has rectified the identified problems to the satisfaction of the Highway District and the City. 21. August 10, 1994 - Meeting at Wilson Lane with Larry Sale, Dave Weincoup (ACHD), Shari Stiles and Gary Smith (City of Meridian), D & B contractors, and Jim Merkle (Hubble Engineering, to discuss proposals for correcting the ditch. Mr. Merkle and D & B contractors asserted that relocation of the ditch had been approved as is, that it was not an irrigation ditch, and therefore D & B would not move or tile the ditch. After response and discussion, Mr. Merkle agreed to submit a proposal to address the problem by the end of the month. 22. August 17, 1995 - The Myalls, Daniel Steenson, and John Anderson (Water Superintendent of the Nampa & Meridian Irrigation District) met at Wilson Lane to discuss the ditch. Mr. Anderson did this as a favor to the Myalls in his private capacity, not as a representative of the Irrigation District. Mr. Anderson found the inlets and pipes D & B installed to be undersized and inadequate, and that construction of the ditch poses a maintenance problem for those who use it. The downstream end of the pipe in front of the. Myall house was already half filled with sand. Mr. Anderson advised that water would backup the upstream end of the pipe. He also advised that piping the ditch in its present location is an option, with appropriately sized and constructed pipe. 23. August 25, 1995 - Steenson letter to Larry Sale, advising him of Mr. Anderson's comments, that having considered the matter and heard nothing from D & B, and that the Myalls would not grant an easement for relocation of the ditch on their property. 24. September, 1994 - many of the arbividae planted as screening for the back of the D & B building are dying. 25. September 7, 1994 - Shari Stiles letter to Mr. Schrandt, requesting that D & B address the problems with the outdoor storage of materials, inadequate screening provided by undersized and dying plants, exposed trash area, blowing dirt, and the problem with the drainage ditch. 26. September 13, 1994 - William Gigray, D & B attorney, letter to Larry Sale asserting that the relocation of the open ditch in the ACHD right of way was approved by ACHD and the City, and demanding issuance of the occupancy permit. 27. September 26, 1994 - Steenson letter requesting the matter be placed on the City Council's agenda for hearing. 28. September 28, 1994 - Gigray letter to Will Berg reasserting D & B's position. SEP 2E '95 10:26 WHIT PETERSON ET AL WHITE, PETERSON, PRUSS. MORROW & GIGRAY, P. A. ATTORNEYS AT LAW i WM. F. GIGRAT. iII DANIEL R. HARD EE I WILLIAM A. MORROW .CHRISTOPHCR S. NTE !PHILIP A. PETERSON !ST`PHEN L.PlaUSS AERIC S. ROSSMAN i TODD: A. QOSSMA14 i•TERAENCE R. WHITE Gary Smith Public Works Director 33 E. Idaho Avenue Meridian, ID 83642 104 NINTH AVENUE SOUTH POST OFFICE 8OX 247 NAMPA, IDAHO 63683-0247 (208) 4414-0472 (204) 068-1442 FAX (ROD) 46a -"OS September 28, 1995 FACSIMILE TRANSMISSION 208-887-4813 Shari Stiles Planning & Zoning Administrator 33 E. Idaho Avenue Meridian, ID 83642 With officer also in CALDW ELL. IDAHO (200) 434-6690 Re: D & B Supply Co., Inc. Development Agreement with the City of Meridian/Tom and Barbara Myall Request Dear Mr. Berg: The purpose of this letter is to follow up my telephone conversations, as attorney for D & B Supply Co., Inc., with Gary Smith and Will Berg which contact was in response to a copy of a letter I received from Daniel V. Steenson dated September 26, 1995 requesting an audience with the City Council for his client regarding the above -referenced matter. Please be advised that D & B Supply Co., Inc.'s position concerning the matter is set forth in my letter to Mr. Larry Sale, Development Services Supervisor, Ada County Highway District, dated September 13, 1995, a copy of which is enclosed. I am also enclosing a copy of a letter which Richard J. Tomlinson wrote to Larry Sale dated July 17, 1995 which concerns the drain ditch along Wilson Lane for your review. Please be advised that my client's position is that they are in full compliance with their development agreement and conditional use permit. Because the Myall request involves matters of a contractual relationship between my client and the City and may also involve matters of the conditional use permit, these questions invoke certain due process rights. It is my client's position that these matters are more appropriately handled at a SEP 2E 195 10:29 WHIT PETERSON ET PL 059 P03 Gary. Smith Shari Stiles September 28, Page 2 1995 staff level first. Please be advised that we request a copy of the agenda for the Tuesday evening meeting and do hereby give notice that any determination or predetermination by the Council that would affect any due process rights of my client will be noted for future reference. On the other hand, my client wishes to be cooperative with the City and is presently reviewing and will be responding shortly to the letter dated September 12, 1995 received from Shari L. Stiles which concerns some of these matters. If you have any questions or comments, please advise. vm cc: Wayne Crookston Daniel V. Steenson Richard Schrandt West Valley Builders, James Merkle Richard Tomlinson Rod Snyder ' CiD/i�LtIfE11.1tS Very./truly yours, ,4., - I -- Wm. F. Gigr y, I Inc. WHITE. PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW September 13, 1995 Mr. Larry Sale -ECEIVED SEP 14 1995 Development Services Supervisor rAGERT CLARK CT AL Ada County Highway District 318 E. 37th Boise, ID 83714 Re: D & B Supply Co., Inc. Development Agreement w/City of Meridian - Wilson Lane Matter Dear Mr. Sale: Please be advised that I represent D & B Supply Co., Inc. and the Schrandt Family Partnership, an Idaho partnership regarding the above -reference matter. I wish to state the position of my client concerning the requests that have been made by you as set forth in your letter to Jim Merkle and West Valley Builders dated July 19, 1995. With regards to that letter, it is my understanding that a meeting has been held on site which meeting included yourself and representatives of the Ada County Highway District, representatives of the engineers, Jim McGarvin representing West Valley Builders, and Daniel Steensen representing Barbara Myall property owner to the south of Wilson Lane. It is my understanding that requests 3 and 4 of your letter of July 19 have been complied with, and that West Valley Builders has agreed that they will regrade the barrow ditch along the south side of Wilson Laze in accordance with District standards once the water is out of the ditch which will occur this fall. As to the request to relocate an irrigation ditch (this ditch was and is a waste water ditch) "out of the right-of-way of Wilson Lane," it is my client's position that in accordance with the provisions of the "Development Agreement" dated November 1, 1994, between the City of Meridian and the Schrandt Family Partnership, my client in conjunction with its engineers caused to be prepared and modified, various plans and specifications for the improvements on the real property. The plans and specifications included all irrigation ditches and waste water ditches and drainage affected by the development. This included all matters relating to Wilson Lane. My client's engineers worked with the 104 NINTH AVENUE SOUTH WM. F. GIGRAY, M POST OFFICE BOX 247 DANIEL R. HARDEE NAMPA, IDAHO 836530247 With offiC88 also in WILLIAM A. MORROW (208),466-9272 (208) 888-t482 CALDWELL. IOAHO CHRISTOPHER S. NYE (208) 454-8990 PHILIP A. PETERSON FAX (208) 466-4405 STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN TERRENCE R. WHITE September 13, 1995 Mr. Larry Sale -ECEIVED SEP 14 1995 Development Services Supervisor rAGERT CLARK CT AL Ada County Highway District 318 E. 37th Boise, ID 83714 Re: D & B Supply Co., Inc. Development Agreement w/City of Meridian - Wilson Lane Matter Dear Mr. Sale: Please be advised that I represent D & B Supply Co., Inc. and the Schrandt Family Partnership, an Idaho partnership regarding the above -reference matter. I wish to state the position of my client concerning the requests that have been made by you as set forth in your letter to Jim Merkle and West Valley Builders dated July 19, 1995. With regards to that letter, it is my understanding that a meeting has been held on site which meeting included yourself and representatives of the Ada County Highway District, representatives of the engineers, Jim McGarvin representing West Valley Builders, and Daniel Steensen representing Barbara Myall property owner to the south of Wilson Lane. It is my understanding that requests 3 and 4 of your letter of July 19 have been complied with, and that West Valley Builders has agreed that they will regrade the barrow ditch along the south side of Wilson Laze in accordance with District standards once the water is out of the ditch which will occur this fall. As to the request to relocate an irrigation ditch (this ditch was and is a waste water ditch) "out of the right-of-way of Wilson Lane," it is my client's position that in accordance with the provisions of the "Development Agreement" dated November 1, 1994, between the City of Meridian and the Schrandt Family Partnership, my client in conjunction with its engineers caused to be prepared and modified, various plans and specifications for the improvements on the real property. The plans and specifications included all irrigation ditches and waste water ditches and drainage affected by the development. This included all matters relating to Wilson Lane. My client's engineers worked with the Mr. Larry Sale September 13, 1995 Page 2 City of Meridian and the Ada County Highway District in obtaining their approval of the plans and specifications for the development. We understand that Item 1 of your letter actually concerns the waste water ditch which serves as a drain for waste water from two fields to the east and southeast of my client's property. That prior to the development of my client's property, the subject waste water ditch was already within the Highway District's right of way. The plans and specifications for my client's development clearly showed that the waste ditch was proposed to be moved from the northern part of the right of way of Wilson Lane to the southern part. This was accomplished because the development plan called for my client's property to retain all drainage *on site and therefore eliminated the need for any drainage from the site into the old waste water ditch that used to traverse the northern portion of the Wilson Lane right of way. This plan was approved by the Ada County Highway District as well as the City of Meridian Engineering Department in accordance with the Development Agreement. As a result and with reliance upon the approval of the plans and specifications, my client's development was constructed in accordance with the approved plans, those approved plans provided for pavement, curbing, and landscaping in areas adjacent to where the waste ditch used to be. Because the improvements have been constructed, the installation of a waste water line within and across the southern portion of my client's property would be extremely costly and a great deal more costly than it would have been had a requirement been made, at the time that the plans were considered for approval. My client and its agents have completed their obligations and are now entitled to the issuance of the occupancy permit. Very truly yours, Wm . F. G' ray I l�' vm cc: James C. Merkle, P.E. Dick Schrandt Jim McGarvin Daniel V. Steenson d&b11&&1*.1tr SEP 07 '95 12:51 FR CITY OF MERIDIAN 208 887 4813 TO 3424657 OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR.. City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E.. City Enpineer BRUCE D. STUART, Waterworks Supt. JOHN T. SHAWCROFT. Waste Water Supt. DENNIS J. SUMMERS. Paft Supt. SHARI S. STILES. P s Z Adm. PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR.. Attomay A Good Place w Live CITY OF MERIDIAN 33 EAST IDAHO MERMI AN, IDAHO s342 Phone (208) 888-433 • FAX (208) 8874813 Public Works/Building Department (208) 887.2211 Motor Nehicle%Drivers License (208) 8884443 GRANT P. IO NGSFORD Mayor September 7, 1995 Mr. Dick Schrandt, General Partner Schrandt Family .Partnership 3303 East Linden Caldwell, ID 83605 Dear Mr. Schrandt: P. 01/02 COUNCIL MEIUAFR8 RONALD A. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P a 2 QQAdMlSSIQN JIM JOHNSON, Chalmian MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER It has come to my attention that there are several items that need to be addressed at your new facility on Fairview Avenue in Meridian. Most of these items are included in the development agreement which has been recorded in conjunction with your annexation. Slats should be placed in the fencing along the south side of the property to screen thesc materials from view. Although landscaping has been provided, it will be many years before the plantings will have any impact toward providing a screen. The existing plants do not appear to be receiving adequate water, as some are dying. Planting of larger, more closely spaced arborvitae in this area or construction of a slatted fence along the southern boundary would take care of this. All outdoor storage of equipment and materials are to be adequately screened with a sight -obscuring fence. The materials on the west side of the building are not screened, and apparently debris from these stockpiles blows into adjacent properties. During the conditional use permit process, no outdoor trash area were shown, and I was told all garbage would remain indoors and a trash compactor would be used. There has been, for some time, a large garbage bin parked in the loading bay that is usually overflowing and is unsightly. Please immediately move this trash receptacle back in the building or provide a sight -obscuring fence around same. Complaints have also been received about dirt and dust blowing from the vacant parcel to your west. While .I don't know of any resolution to this problem besides a constant watering down of the site or planting ground cover, I would like to know if you have any plans for this parcel and if you have any ideas to help alleviate this problem. Lastly, the problem with the drainage being moved to the south side of Wilson Lane remains. Little action has been taken by your engineer to resolve this problem. While I understand this issue is being worked out with the Ada County Highway District, I urge you to come to a quick resolution to this problem for the sake of all parties concerned. SEP 07 '95 12:51 FR CITY OF MERIDIAN 206 887 4813 TO 3424657 P.02i02 Mr. Dick Schrandt, General Partner September 7, 1995 Page Two Please contact me at your earliest convenience to let me know how you intend to comply with the Zoning and Subdivision Ordinance and your development agreement. If you would prefer that I work with your Meridian store manager on these issues, please let me know. Thank you. Sincerely, CITY OF MERIDIAN Shari L. Stiles Planning & Zoning Administrator cc: Wayne G. Crookston, Jr. Dan Steenson RINGERT <* CL HAK 1 -LK August 25, 1995 BY FACSIMILE AND MAIL Larry Sale Ada County Highway District 318 East 37th Street Boise, Idaho 83714 \11111:111r 1 t111•i4t ft U nL nr r work :i11 I, 1:. lit •a1 rtla•c :f. (.1fIMt•ay NI ..1 nt•�P 1i11unl. Nt Laura t5. Bt aft Fsnfa k U Plat••. llll'IIiMI 1 r.1t N N111.t' DAVM 1IA41 NI IRrr ll�l t1iM lIt•rtlti Nl Sit, $."11tict Kalamai 1, 11r2:- 11 Re: D & B Supply relocation of drainage ditch in Wilson Lane right of way Dear Larry, After the meeting at Wilson Lane regarding D & B Supply's relocation of the drainage ditch on Tuesday, August 25th Barbara and Tom Myall and I met to further discuss the problem and potential solutions. At my request, John Anderson, the Water Superintendent of Nampa & Meridian Irrigation District, met with us at the Myall property. John and Bill Hensen of the District have been familiar with the property for many years and John consented to give us his impressions regarding the situation. John and Bill have provided their input to the Myalls because they knew Andrew Wolfe as a former employee of the District. . Mr. Wolfe, Mrs. Myall's step -father, owned the Myall property and maintained the irrigation delivery system for Pleasant Valley Subdivision until 1986. John and Bill have provided their input in their private capacities as a favor to the Myalls, not as agents or employees of the District. Mr. Myall clarified that waste water did not drain from the Myall property into the drainage ditch in its prior location, and that he returns unused irrigation water back to Settler's irrigation ditch my means of a ditch along their east property line. As you know, the drainage ditch provides drainage for four properties located to the east of the Myall's property. The Myall's have no independent or community interest in the drainage ditch, and, therefore, no obligation to provide for its location, relocation, or maintenance. i53 `ourn Third Srreer t. P.U. Sox 2'-3 • Boise. Idaho 3370I • 208/342-4591 FAX 342-4.65 Larry Sale August 25, 1995 page 2 D & B Supply's response to this problem has been thoroughly discouraging. Instead of moving the ditch out of the Wilson Lane right-of-way and the Mvall's front yard, as you required in your July 19, 1995 letter, D & B fortified it by L. -stalling 8" pipe in the ditch in front of the Mvall's home. Mr. Anderson found the inlets and pipes D & B installed in response to your June 30, 1995 letter to be undersized and inadequate. The downstream end of the pipe in front of the Mvall house is already half filled with sand. Sooner than later, water will back up at upstream end of the pipe. The D & B representatives at the July 27th and August 15th meetings argued that ACRD was responsible for the problem, and were unprepared to discuss or propose any solution other than leaving the ditch in its current location and condition. D & 3 has not made any effort to contact the Mya1?s to discuss options to remedy the problem now, or address future impacts. This is one of the reasons we are taking this opportunity to advise you of what we believe is necessary to remedy this problem. As stated in my August 2nd letter to you, we continue to believe that the only acceptable solution is for D & B Supply to return the ditch to the north side of Wilson Lane. The Mvalls will not agree to grant an easement across their property for the drainage ditch either now or in the future. The Myalls cannot envision circumstances which would induce them to grant such an easement, particularly after their experience with D & B. Therefore, relocating the ditch to cross the Myalls' property is not an option. We recognize that D & B will continue to press for leaving the ditch on the south side of Wilson Lane. We believe this can only be permitted with the following conditions: 1. D & B must pipe and bury the entire length of the ditch along Wilson Lane. John Anderson recommended that the entire length of the ditch. should be piped, in part, to avoid the problem which is now occurring at the east and of the undersized pipe D & B installed in front of the Myall's rental home, and to reduce the maintenance burden on the landowners who depend on the ditch. John advised us that the pipe for permanent installation should be a minimum of 18" reinforced concretes with access for maintenance provided every 200 to 300 feet. The size of the pipe should be determined by flow calculations and, of course, must be installed at the proper grade. 2. 0 & 3 must bear the entire cost of piping the ditch. 3. The problems we have discussed regarding future development could be handled in either of two ways. First, and preferably, as is done in numerous subdivisions such as the Danbury Subdivision, the pipe could be installed permanently as described to provide access from the road as the road is completed when future development occurs. One of the reasons this approach would be preferable is because it does not involve the expense and other complications _hat will attend relocation. Second, if the pipe is installed with the expectation that the ditch will be relocated in the future, it must be made clear that the Myalls will not grant an easement across their property for this purpose, either to D & B or the land owners who use the ditch. This leaves two possible locations for the ditch: the north side of Wilson Lane within the D & B property or to the east of the Myall property to deliver irrigation return back to Settler's irrigation canal. John Anderson informed us that latter option was feasible. The Myalls and their successors in interest cannot be required to bear any of the costs of such relocation. The somewhat complicated issue of proposed compensation to the Myalls for relocating the ditch becomes moot if the Myalls do not agree to grant an easement across their property, and can be resolved by simply requiring those who benefit from and/or are responsible for the relocation of the ditch to bear the cost of relocation at the time it becomes necessary. I am preparing a memorandum to explain further the position stated in this letter and will send you and the City of Meridian a copy next week when it is completed. Yours very truly, aniea1v . Steenson cc: Barbara Myall Sherry Stiles Dave Weincoup 4;cv-c JAMES E. BRUCE, PreslaenT SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary Daunt Whitman and Shari Stiles City of Meridian 33 E.Idaho Meridian. ID 83642 Re: D & B Supply Store Fairview/Locust Grove/Wilson Lane August 4. 1995 Please review the attached correspondence regarding this application. In the memo from me to the file describing the meeting with the contractor for D & B. you will note that they agreed to submit a proposal to me by close of business August 2. 1995 describing how they planned to rectify the construction problems caused by the relocation of an irrigation ditch from the north side of Wilson Lane to the south side in the right-of-way. This is to advise you that as of this date, West Valley Builders has not communicated with me to make such a proposal, nor as of August 2, 1995, had they contacted the property owners to the south to determine if the irrigation ditch could be located on their property. Therefore, the purpose of this letter is to request the City of Meridian to refuse to issue the Final Certificate of Occupancy to D & B Supply until their contractor has rectified the identified problems to the satisfaction of the Highway District and the City. If you have any questions or if you wish to discuss the matter in more detail, please call me at 345-7680. Sincerely, arty S e bevel unit Services Supervisor cc: Chron. Project File Engineering Services Traffic Services Director Attorney Dan Steenson, Attorney Gary D. Smith, P.E. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 . Phone (208) 345-7680 Ada County Highway District Development Services Division Memorandum Date: July 28, 1995 To: File, D & B Sup y From: L a D opnt Services Supervisor Subject: Correction of Faulty Construction along Wilson Lane On July 27, 1995, I met with Rob McGarvin and another gentleman from West Valley Builders (D & B's contractor), Mr. and Mrs. Myall and their attorney Dan Steenson. At the meeting, I explained the violation of District policy that occurred when the irrigation ditch that was located on the north side of Wilson Lane prior to the construction of the D & B store was closed and the irrigation water was allowed to run in the borrow ditch along Wilson Lane. We discussed some options to resolve the problem, amounting to the following: • relocate the irrigation ditch out of the Wilson Lane right-of-way • reconstruct the borrow ditch to conform with District standards • reconnect the irrigation ditch to the Jackson Drain south of the Myall's property • correct the driveway entrance to the Myall's shed • do not cut the new pavement in Wilson Lane, except at the very eastern end where it stops at the property fence. After discussion of various methods of attaining these corrective options, I asked Rob McGarvin to submit a proposal to me by close of business August 2, 1995 describing how the contractor was going to rectify the problems. Mr. McGarvin agreed to do this. I advised those present that the District would request the City of Meridian to not issue a final Certificate of Occupancy for the D & B store if the situation is not resolved in a reasonable period of time. cc: Attorney Shari Stiles, City of Meridian Daunt Whitman, City of Meridian Gary Smith, P.E., City of Meridian RINGERT -O CLARK LAWYER August 2, 1995 BY FACSIMILE AND MAIL Larry Sale Ada County Highway District 318 East 37th Street Boise, Idaho 83714 o ;31e,1r t:salte iV llrS ri lirµl irttrry't<. (:nt1•+Irr>.w wl Imus P kmariu 1 Ldxua =. St .Ulvn L.:.•c•rt rch Mm. U Hum% Ig:1k, i J. Ourwillle 00VK1 Ma1t1111ertjm1' Karnes v s:ee1151x1 ueven C. wmitt' Samuet Iwulnlan 1192 t -t anl;l Re: D & B Supply, construction of ditch on Wilson Lane right of way and Myal 1 property Dear Larry: This letter summarizes our meeting of Thursday, July 27, 1995, in which you, contractors for D & B Supply, the Myalls and I discussed the ditch which D & B Supply constructed within ACHD's right of way on the south side of Wilson Lane, and apprises you that D & B Supply has not contacted us to pursue an easement for relocation of the ditch across the Myall's property. Therefore, we are requesting that ACHD require D & B Supply to reconstruct the ditch on the north side of Wilson Lane and repair the ditch on the south side of Wilson Lane to conform to ACHD standards and the needs of the Myalls, including repair of certain damage and intrusions on the Myall's property. we discussed what you described as a decision error in eliminating an irrigation drainage ditch from its location on the north side of Wilson Lane and relocating the ditch to the south side of Wilson Lane within ACHD's right of way. Copies of portions of the plat for Pleasant valley Subdivision are enclosed which show ACHD's 60 foot right of way and the Certificate of Owners which dedicates the use of the streets to the public. You informed us that the relocation of the ditch was not shown on the plans submitted by D & B Supply to ACRD, and was not approved by ACRD. The former ditch carried irrigation drainage from lands located to the east vvf t he Myall' S proper -1--y and the present terminus of Wilson Lane. Drainage from those lands enters a ditch on the east and of the Myall's property and enters the culvert which previously crossed under the east end of Wilson Lane. This ditch existed and served these lands from some time during the 1950s, if not earlier, until this year. 455 South Thirst Street . P.O. Box 2773 • Boise. Idaho 33701 • 308/342-4-591 R -k;< 342.4.657 Larry Sale August 2, 1995 page 2 D & B Supply eliminated the prior ditch and the culvert which crossed under the east end of Wilson Lane, constructed the ditch on the south side of Wilson Lane, and rerouted the irrigation drainage through the new ditch without any prior consultation with or consent from ACRD, the Myalls, and the other ditch users. In the process of constructing the new ditch, D &,B Supply eliminated the Mvall's access to their shed, and constructed a ditch and left vehicle ruts intruding into the northwest corner of their property. Apparently in response to your letter of June 30, 1995, D & B Supply installed and covered a pipe with a drop inlet in the new ditch in front of the Myall's house and shed and provided gravel access to the shed. D & B Supply also installed a drop inlet and pipe to connect with the culvert and pipe at the west end of Wilson Lane. During the meeting, you informed the contractors for D & B Supply that, to correct this error, D & B Supply must (l) relocate the ditch out of ACHD's right of way, (2) construct or reconstruct a ditch in the right of way to conform to ACHD standards for purposes of drainage off of Wilson Lane, and (3) reconstruct the connection at the west end of Wilson Lane adequate for the irrigation drainage. The representatives of contractors for D & B Supply asked if it was feasible to pipe the new ditch in the ACHIO right of way south of Wilson Lane. You informed us that ACRD would require calculations and plans to show that such facilities will be adequate for the drainage, and would require D & B Supply to make a payment to the Myall's or ACRD for the future relocation of the piped ditch. ACHD's position would be that this is not the praferred solution and would only be considered if there is no other alternative. The possibility of D & B Supply obtaining an easement to locate the ditch on the Myall's property was discussed. At the close of our meeting, you advised D & B Supply to submit a proposal or proposals to correct the situation by no later than today. I understood that the action you would take action regarding D & B Supply's occupancy permit would depend on whether ACMD would accept D & B Supply's proposal. D & B Supply's contractors said that they would contact me if they wished to pursue that option. D & B Supply has not contacted me as of the writing of this letter. I interpret this to mean that D & B is not interested in discussing the possibility of an easement for the ditch across the Myall's property. The possibility of piping the ditch on the south side of Wilson Lane does not seem viable or prudent because this would require provisions for the future relocation of the ditch, as you discussed. The only options for ditch in the -l"'' Larry Sale August 2, 1995 Page 3 future, as now, are to either move the ditch back to its prior location on the north side of Wilson Lane, or reloc to it somewhere across the Myall's property. This latter option would require execution of an easement, which D & B Supply does not appear willing to discuss. A payment to the Myalls or ACHD for future relocation is meaningless if there is nowhere for the ditch to go, and there is no reason to pipe the ditch on the south side of Wilson Lane while anticipating that it will be relocated to the north side of Wilson Lane in the future. We believe the only logical and acceptable solution is for D & B Supply to reconstruct the ditch on the north side of Wilson Lane and the culvert under the east end of Wilson Lane, and all related facilities, pursuant approved engineer's plans and calculations which show that the ditch will be adequate for the delivery of irrigation drainage from the lands located east of the Myall's property. In addition, as you discussed, the ditch on the sOutb7 side of Wilson Lane must be reconstructed to meet ADHD's requirements and the needs of the Myalls, which includes access to their shed. The ditch and the vehicle ruts intruding onto the northwest portion of the Myalls property must also be repaired. Please inform me of D & B Supply's proposal when you receive it. I would appreciate an opportunity to review and respond to it on behalf of the Myalls. I understand that you will receive D & B's proposal today, and that you will not take action with regard to their occupancy permit until you have received and reviewed the proposal. We appreciate you attention to this matter and look forward to hearing from you this week. Yours very truly, Daniel V. Steenson Enclosures cc: Shari Stiles Gary Smith P.E. Cc,? 71 F ICAi - 0= O`WN'S KNOW At.L•u=•y 3'.' 7�4ESc ?RcSq'S, vnd F. i+i:/son vnd wycTi`v A. i'/i/JOn, �tiJ.lJr,+rfd On?' ivi/�, ?isd G�r✓i;J C. r�:i- ?nil ��Cy i% r=�_:r; i7e�.iG7nd end .virC, Cr? c O.vnG�� or Jrie fo/%.+•.n9 dc.:C/v�c`d i�•cl or Icer, 7b sn ��--_ v/vim- T7-::�T' in :ism i•/: -s: i.�o/r �%'/ �/Z% o�^ J�'rio� d. 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V 4 .4 , ?nd o ise�--may da�.�icvls Ta .Ise use or ;rs� ,ac/c/ic %%y:� iise .sTiVTs 71 Jno.vn oer ! .V 'Al 17-14 S.S W 4E.� �O i7rsey %TOYS =ere JC7�� ris/S ? C 7f doy 4:;" w �T ,l � 6, i 71 i 15 TAMES E. BRUCE. President SHERRY R. HUBER. vice President SUSAN S. EASTLAKE. Secretary Jim Merkle, P.E. Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83705 West Valley Builders P.O. Box 1056 Caldwell, Idaho 83606 Re: D&B Supply Wilson Lane Gentlemen: July 19, 1995 After reviewing the situation regarding the reconstruction of Wilson Lane in conjunction with the D & B Supply project, the following items must be corrected immediately: 1. Relocate the irrigation ditch out of the right-of-way of Wilson Lane. 2. Regrade the borrow ditch along the south side of Wilson Lane to District standards. ;. Provide an adequate driveway to the Myall shed. 4. Reconstruct the irrigation wasteway to the drain ditch across Locust Grove/Wilson Lane. Do not cut the pavement of either street. These items must be completed within ten calendar days. If they are not completed, I am recommending by copy of this letter to the City of Meridian that the final occupancy certificate for D & B not be issued. 'inc ely, i S, e Development Services Supervisor cc: Chron Barbara Myall Project File Sheri Stiles Engineering Services Gary Smith, P.E. Director Attorney ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 v � URVE% July 17, 1995 NUBBLE ENGINEERING, INC. 9550 Bethel Court . Boise, Idaho 83709 Mr. Larry Sale Ada County Highway District 318 N. 37th St. Boise, ID 83714 PN 9418900 RE: Drainage Ditch along Wilson Lane Dear Larry: 208/322.8992 t E C E I V' JUL 19 le ACHO AOM per-- Fit., As per our conversation on July 14, 1995, regarding the drain ditch along the Myall property on the south side Wilson Lane, the ditch comes from the South and is apparently an overflow ditch when landowners to the sou. and east are not diverting water for irrigation. The ditch also picks up waste water from the field adjacent to d - east. Before development of the D&B site, the ditch was piped in 12"'RCP from the south to the north side of the existir gravel road at the east end of Wilson Lane. From there it ran to the west and picked up waste water from the D B parcel. At the intersection of Wilson Lane and Locust Grove, the ditch ended at another 12" RCP that broug: water back to the south side of Wilson Lane where it flows along Locust Grove to Nampa -Meridian Irrigatic District's drain. The ditch came from and went to the south of Wilson Lane and the only apparent reason it ran along the north sic of the gravel road in Wilson Lane was to pick up drainage from the field where the D & B Supply now sits. Upon development of the D & B Supply site, we were required to retain all our drainage on site and improve & north side of Wilson Lane with a 12.0 & lane on the south. Because the D & B site did not drain off-site, the ditc was not needed on the north side of Wilson Lane. Instead it was kept along the south side of the asphalt in ti borrow where it also picks up the run-off from the southside of Wilson Lane. In regards to Jon Thompson's letter dated June 30, 1995, we have spoken with Jim McGarvin of West Valle Builders and he says that he has no problems doing the work mentioned and it will be done as soon as they can g in to do the work. If you need to have a meeting on site, please let us know when so we can schedule with Ji.- McGarvin. i:McGarvin. Sincerely, Richard J. Tomlinson RJT/vw/2432.ltr cc: Jim McGarvin. West Valley Builders Utf LUP IS H ¢C n C NaCm w mW =3 a m<� U Z a E Z 4� LL mtnW .z'�I a� �. fT Ci W Thom & 8arbare Myall 6227 Marlborough Orive Goleta. CA 9311.7 .(805) 883-1771 June 27, 1995 Mr. Larry Sales Ada County Highway District (ACHD) 318 East 37th Street Boise, Idaho 83714 RE: Wilson Lane. Dear Mr. Sales: This letter is to advise you of two major problems, resulting from the Wilson Lane road construction, that adversely impact my property located at 1470 North Locust Grove Road,..Meridian Idaho. 1. Irrigation and road run off water is being diverted into a new, open ditch, located on the south side of Wilson,Lane, in the county right- of-way, that flows into a trespass ditch, located on my property. The water is not entering the culvert, located under the. west end of Wilson Lane, as it has done, historically; ' 2. The new, open ditch carrying the diverted water is within 10 feet of my domestic well. On June 8, 1995, 1 sent a letter to John Thompson, Development Analyst, ACHD, and Shari Stiles, P & Z' Administrator for the City of Meridian, outlining these problems (copy enclosed). As of this date, I have not received a reply from Mr. Thompson and several telephone calls I have made to him, have not been. returned..:. I ask that you investigate this mater and notify me, via letter, of your determination. I am currently in Boise and can be contacted by mail -at 2724 Alamo Road, Boise, ID 83704, .or telephone at 208/323-8171. Sincerely, Q-J-� �� Barbara C. Myall Enclosure Barbara Myall 6227 Marlborough Dr. Goleta, CA 93117 805-683-1771 Local Phone (208) 323-8171 June 8, 1995 Shari L. Stiles Planning and Zoning Administrator City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Development Agreement between City of Meridian and Schrandt Family Partnership. Dear Shari: I am writing in hopes that the City of Meridian, through their Development Agreement with the Schrandt Family Partnership for the development of D&B Supply on Fairview Avenue can correct the problems created by development and impacting our property and residence at 1470 N. Locust Grove. Problem: Water from irrigation and Wilson Lane runoff has been diverted and is flowing down a newly constructed ditch on the south side of Wilson Lane within 10 feet of our domestic well and entering our field. Wilson Lane is from 5 feet to 1 foot higher than it was on June 7, 1995 and I do not have ingress and egress from our shed for farm equipment. D&B trespassed onto our property and constructed ditches and disposed of material from the sewer line construction. Historic background: The irrigation water serving D&B land and our land has always gone under the east end Wilson Lane in a concrete culvert and run down the north side of Wilson Lane, as shown on Aerial Photo Flights, (AP5 The irrigation ditches were constructed prior to 1948 on the land, APF, 6/T5149 - OHT-4F-94,95,96. Wilson Lane was constructed without engineering by Harby King.afiyec tom, APF 718/57 - DHT -5T-121,122 and verbal statement of Ray Tuckness, owt* of Lot 7, Pleasant Valley Subdivision. I Current Background: We have never been contacted by D&B Suppiy or their developers for any information or permissions. J Barbara Myail - 1470 N. Locust Grove and D&BltWly - 6i3/95 I find two sections in the Idaho Code, Chapter 43 that I believe pertain to this, and there may be more, they are 18-4306 - Injuries to ditches and appurtenances and 18-4308 - Change of lateral ditch or buried irrigation conduit. I also believe that the Development Agreement between the City of Meridian and Schrandt Family Partnership also pertain, they are: Page 2 - (3] filing of plans Page 2 - [4] at developers expense construct tiling and piping of irrigation ditches Page 3 - (7] "corrected" original drawings Page 4 - (10] City shall have right to withhold the issuance of any Certificates of Occupancy Page 5 - (15] Exhibit "B" attached is made a part hereof The items in Exhibit "B" that I believe pertain are: Page 1 of 4 - (4] at developers expense do the following Page 3 of 4 - (4 11 Compliance with ACHD Conditions of Approval Page 3 of 4 - (4m] Canals, Ditches and Waterways. Tile all canals, ditches and _ nrheryatenuays which are to be preserved and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. The items in Ada County Highway District conditions I believe pertain are: Standard Requirements: (1 & 21 Street and drainage improvements (4] Provide written approval from irrigation/drainage district for runoff into their system. (5] Locate irrigation and drainage appurtenances outside of street improvements. Authorization for relocation shall be obtained from the appropriate entity. (6] Continue existing irrigation and drainage systems across parcel. Solutions: (1 ] Have D&B tile, for its total length, the new ditch they made on the south side of Wilson Lane. (2] Have D&B end the tiled ditch with a drop inlet into the culvert that goes under the west end of Wilson Lane. (3] Have D&B provide ingress and egress to our shed. [4] Have D&B repair their trespass damage to our land in the NE comer of Lot 20 and the NW comer of Lot 18. (5] Have D&B remove the sand from my irrigation ditches on the N side of Lot 19. Barbara Nlyall - 1470 N. Locust Grove and D&B Suppiv - 618/95 Thank you, Shari, for your anticipated cooperation in resolving these problems. As always, I appreciate the help you have given me in the past and look forward to your reply. Sincerely, Barbara C. Myall cc' Ada County Highway District - John Thompson Barbara V[vail - 1470 N. Locust Grove and D&B Supply - 6/8/95 A. ACHD Commission's June 9 June 15 and October 3. 1994 conditions of approval and required street improvements for the annexationfzoning and Conditional Use Permit General Information and Site Specific Reauirements Wilson Lane is at the property's southern boundary. Staff recommends Wilson Lane be constructed as a 41 -foot back-to-back street section with vertical curb, plus 12 -feet of paving and 5 - foot sidewalks along the parcel being developed. Wilson lane shall be improved with 24 -feet of paving from the west end of this development to Locust Grove. Full roadway improvements will be required when the parcel to the west of the subject parcel is developed. Standard Rec,Luirements 1. Street and drainage improvement required in the public right-of-way shall be designed and constructed in conformance with District standards and policies. 5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of the proposed street improvements. Authorization for relocation shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. S. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a drainage easement set aside specifically for that use. * * * Drainage easement and their use restrictions shall be noted on the plat. 13. A right-of-way permit must be obtained form ACHD for all street and utility construction within the public right-of-way. 14. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. 1 B. City of Meridian's Findings of Fact And Conclusions of Law 1. June 14 1994 FF & CL• Planning & Zoning hearing for annexation and zoning FINDINGS OF FACT 3. (N]o specific use for the property was presented but a letter accompanying the application stated that the proposed use was for general commercial. (p. 2.) 8. Ada County Highway District (ACRD) submitted comments and such are incorporated herein as if set forth in full. (p. 2.) 10. * * * Shari Stiles' submitted comments and they are hereby incorporated herein * * * that no development proposal has been received; that (the legal description [of the parcel to be annexed needed to include] all the area to the centerlines of adjacent roadways; that a development agreement is necessary prior to annexation addressing * * * tiling of ditches, * * * and other City goals and requirements * * *. (p. 3.) 18. The FF & CL cites several "pertinent statements" from the Comprehensive plan (pp. 4-7). Among these: 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 4.7U Community shopping centers must be planned for future integration of adjoining residential uses. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 21. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." (p. 8.) 2 28. Citing section 67-6513 of the Local Planning Act,: 'Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, * * * without * * * imposing substantial additional costs upon current residents to accommodate the subdivision.' (p. 9.) 30. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties." (p. 10.) 36. The Comprehensive Plan, recently adopted, does state that in the Mixed -Use Area at Locust Grove Road and Fairview Avenue development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. (p. 12.) CONCLUSIONS OF LAW 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development [of] time schedules and requirements, and Section 11-9-605M., which pertains to the tiling of ditches and waterways * * *. (p. 13.) 11. * * * the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. (p. 14.) 12. The Applicant has not stated or represented its intention as to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed as conditional uses. (p. 14.) 14. * * * all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, and since the City should have control over any uses that are to be placed on the land *. (pp. 14-15.) The FF & CL requires D & B to enter a development agreement with the City: 16. [T]he Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11- D; that the development agreement shall address, among other things, the following: 3 6. Appropriate berming and landscaping. 7. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development (pp. 15-16.) 17. (Citing section 11-2-417 D): [T]he above section states that the development agreement shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the final action on the annexing and zoning applications * * *. (pp. 16-17.) 18. [T]here shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. (p. 17-) 19. That the requirements of the Meridian Police Department, Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in the development agreement. (p. 17.) 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de -annexation. (p.17.) 21. [T]he development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. (p. 11-18.) 22. That these conditions shall run with the land and bind the applicant and its assigns. (p. 18.) 23. With compliance of the conditions contained herein, [annexation] would be in the best interest of the City of Meridian. (pl. 18.) 24. That if these conditions of approval are not met, the property shall not be annexed. (p. 18.) 4 2. The City Attorney added the following to the FF & CL pursuant to the Council's direction to prepare additional findings incorporating testimony at the hearing. FINDINGS OF FACT The Myalls requested that the Council consider the impact of the proposed annexation on adjoining property, and "have the development agreement address how the property is going to impact the adjoining property owners for a comprehensive plan of development of the entire corner, * * *." (para. 12, pp. 4-5.) CONCLUSIONS OF LAW Pursuant to the City's authority to annex land, the FF & CL state: 8. (T]he City may, as part of the annexation, and as a condition of the annexation, place conditions of approval on the annexation, which must be met prior to the adoption of an annexation or ordinance, or which may be allowed to be met after annexation and if not met the parcel shall be de -annexed. (pp. 15-16.) 12. That the Applicant's proposed use of the property is not known and therefore it is not know whether the application is in compliance with the Comprehensive Plan, and therefore the annexation and zoning should be conditioned on the City determining what the proposed uses are and whether the proposed uses are in conformance with the Comprehensive Plan, or the property should be subject to de -annexation if the uses and lay- out of uses are not in compliance with Meridian Comprehensive Plan. (p. 17.) 13. Additionally, the Applicant has not stated or represented its intention for development, which is of concern to the Commission and the City Council; it is therefore concluded, as a condition of annexation and zoning, even if some uses are revealed and those uses are determined to be in compliance with the Comprehensive Plan, any use or development of the property shall only be allowed as a conditional use with design review. (p. 17.) 3. October 11 1994 FF & CL• Planning & Zoning hearing for the Conditional Use Permit The City Attorney added the following to the FF & CL pursuant to the Commission's direction to amend the FF & CL to "reflect the testimony tonight and specifically addressing the 5 screening of the Wilson Lane side of the development." FINDINGS OF FACT 8. * * * Dick Schrandt, of D & B Supply * * * stated * * * that there would be screening to Wilson Lane, that a development agreement had been submitted, that they had no problem with complying with the Meridian staff comments, * * * that they would add to the landscape on the south * * * that there would be fencing and landscaping around the building, and that they would do the screening necessary." (pp. 3-4.) 9. (Tom Zabala testimony on behalf of the Myalls:] conditions should be required so that development would be done in accordance with the Ordinances and the Comprehensive Plan; that the landscaping on the south shown on the plans was inadequate; that the Myall's property would probably be developed into office or high density residential; that there should be a condition that the south should be landscaped and there should be protection of the property to the south that relate to noise, refuse, lighting and debris; * * * that there should be a five to six foot solid screen of the property to the south; that there should be five to six foot planters for conifer and deciduous trees * * *. (pp. 4-5.) 11. Execution of the development agreement "was a condition to passage of an annexation ordinance." ( pp. 6-7.) 13. [ACRD comments:] * * * Construction of Wilson Lane must be one-half of a 41 -foot back-to-back street section with vertical curb. plus 12 -feet of paving and 5 -foot concrete sidewalks along the subject parcel, * * * and Wilson Lane must be constructed * * * with 24 -feet of paving and that * * * there must be coordination of the design and location with ACHD development staff. (p. 7.) CONCLUSIONS OF LAW 4. * * * (T]he City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Complied Ordinances of the City of Meridian, Idaho. (p. 7.) Applying the standards of 11-2-418(C), the Council found that: 5. (b) The use should be harmonious with and in accordance with the Comprehensive Plan but the Findings of Fact and Conclusions of Law on the Annexation require a conditional use permit to allow the use. 6 (c) The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. (d) That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. (pp. 10- 11.) 6. That all ordinances of the City of Meridian must be met * * *. (P. 11) 7. All requirements of the Findings of Fact and Conclusions of Law adopted for the annexation and zoning of the property and of the annexation and zoning ordinance that will be adopted must be met, including entering into a development agreement; that the development agreement must meet the requirements outlined in the Findings of Fact and Conclusions of Law adopted on the annexation of the property * * *. (pp. 11- 12) . 8. (S]ince the City Council also concluded that the property should be subject to de -annexation if the uses and lay- out of uses are not in compliance with the Meridian Comprehensive Plan, it did not intend to require total disclosure of all development and uses before a single use was allowed under the conditional use process; this is so concluded because the Council stated that the land could be de -annexed if the use did not comply with the Comprehensive Plan. (p. 12.) 9. It is further concluded that the Applicant shall meet all of its representations made at the public hearing, shall meet the requirements and comments of the City staff, particularly those of Shari Stiles, and of the Nampa & Meridian and Settlers Irrigation Districts. (p. 13.) 10. * * * the development agreement is concluded to be a condition of a conditional use permit * * *. (p. 13.) C. Developer's Representations to the Council and Commission 1. August 16 1994 Hearing before the City Council Jim Merkle: * * * We have met with the highway district are in accordance with their requirements for this parcel. It is in conformance with your new comprehensive plan that you spoke of. Regarding staff's comments, Mr. Smith's comments are more just informational 3 items and I think we are in agreement with those. Shari's comments are also can be met * * *. (p. 36.) 7 2. October ll -,-1994 Hearing before the Commission Dick Schrandt: At this point in time we have met all the requirements required by the City without any significant deviation including some additions to the drawings that you have already been given. * * * We have provided more screening on the south side of the property on Wilson Lane. We have also met with ACHD and have met all of their requirements as well. * * * We have reviewed all the City department comments that have been given to us so far and we have no problems complying with any of those. * * * From the drawings that we have given you we hope we have convinced you that this is going to be a very attractive store. We think it is going to be a very good addition to the City of Meridian. (pp. 50-51.) * * * we are not going to be sloppy at all when it comes to the landscaping. As you have seen in that design we have, there is a lot of screening all around that property. Hepper: Could you comment about any fencing or anything on the back of the property. There is a residence back there that faces directly into the back of the store, is there any possible thing that can be done to that. I don't know put in some trees or shrubs to help the view of the back of the store. Schrandt: We are going to be continuing in providing landscaping across the back of the store as well. That was a comment made by Shari and we don't have any problem providing that as well. It is not (inaudible) but that was one of the new requirements that she talked to use about and we don't have any problem with that. Hepper: Will you guys be improving Wilson Lane? Schrandt: Yes, we are meeting ACHD requirements and improving that lane, where we do our half whether the paving. (p. 52.) (After comments by Tom Zabala and Thom Myall.) Schrandt: Just to answer some of the comments that were made by Mr. Zabala we have already addressed that there will be additional landscaping provided on the south side of that building. * * * As far as contamination due to water, I am not sure where that would come from, again our products are not contaminated, not toxic. All water run off will be contained on the property according to code and arrangements that we have already made. Hepper: Would you address the fencing that they mentioned? Schrandt: We have fencing all the way around our yard, our property in our design. In addition to the fencing there is screening from trees and shrubbery all the way around the 8 property too. Hepper: Would this include that strip across the back of the building that didn't show on the map? Schrandt: Yes, the fencing comes around part way and then like I mentioned before we will be providing more landscaping across the back of that store. Hepper: Would the fencing be included with that landscaping across the back of the store? Schrandt: No fencing, I am not sure what the fencing would accomplish. Hepper: More or less a screen for the residents, I assume the residence is just opposite the store. Schrandt: No, the residence is off (inaudible) there is nothing behind the store itself. Hepper: Although someday there could be, the general ideas that it would probably be high density housing that would be normal transition from commercial to residential. Whether it happens or not we don't know. I don't know, I don't personally feel that a 6 foot fence across the back of there is not an unreasonable request. Schrandt: If the requirement is that there be some screening we will provide whatever screening is necessary. (pp. 56-57.) Rountree: Mr. Chairman, I make a motion that the preliminary findings of fact and conclusions be amended to reflect the testimony tonight and specifically addressing the screening of the Wilson Lane side of the development. MOTION CARRIED: All yea. (p. 57.) D. Other Comments 1. Central District Health Department's comments dated 10-13-94 "Groundwater can be as shallow as 5 feet below grade. See attached recommendation for stormwater management to prevent ground water degradation. Use grassy swales in the design." 2. Nampa & Meridian Irrigation District's comments dated 9-16-94 "All laterals and waste ways must be protected." E. Development Actreement between the City of Meridian and D & B dated November 1 1994 recorded December 30, 1994 The Development Agreement requires D & B Supply to: 3. File a complete set of Improvement Plans "showing * tiling and piping of irrigation ditches * * * drainage * * * and other such improvements contemplated within the development." 4. & 5. "[A]t its own expense, construct and install all [storm drains, tiling and piping of irrigation ditches] as well as any and all other improvements * * * in strict accordance with filed and approved Improvement Plans, and [City standards]." 6. Give the City Engineer at least fifteen days advance notice of the improvements it intends to complete. 7. Correct the original Improvement Plans to show the actual constructed location of "the * * * tiled and piped irrigation ditches * * *." After inspecting the construction of the improvements, including piped and tiled irrigation ditches, an engineer must certify the corrected Improvement Plans and must certify that the materials for and installation of the improvements conform to applicable City standards. 8. Notify the City Engineer immediately upon the completion of any improvement and request that he inspect and give written acceptance of the improvement. 9. Upon a finding by the City Council that an improvement must be completed, construct the improvement within a reasonable time. If D & B does not construct the improvement within a reasonable time after notice, the City may make the improvement and D & B must pay for its construction. Such finding must be at a regular or special meeting of the City after notice to D & B. 10. "[D & B] agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy_ within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with." 11. If any of the improvements required in the Development Agreement are not timely installed the City may, after ten days notice, foreclose any posted security or pursue any other remedy available under the agreement or otherwise. 12. To insure installation of the improvements, D & B must provide security as allowed under 11-9-606C. 10 14. "[N]o Certificates of Occupancy will be issued until all improvements are completed, unless the City and [D & B] have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY." 20. D & B must "abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings and Conclusions of Law, this Development Agreement, the Ordinances of the CITY of Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994." Exhibit A - Legal Description The legal description of the parcel subject to annexation, the Development Agreement, and conditional use permitting includes Wilson Lane, from the centerline to the north. Exhibit B - Special Conditions 3. D & B must comply with the requirements of the Ada County Highway District, Central District Health Department and the Nampa & Meridian Irrigation District. 4. D & B must, at its cost and expense: j. obtain the City's approval of a subdivision plat which conforms with the requirements of the City's Ordinances and the Idaho State Code; k. obtain the City's approval of all drainage and grading plans, landscaping plans, and other plans relating to the development of the property; 1. comply with the conditions ACHD's approval of the annexation and zoning of the property in the ACHD Staff Report, "or as may be required by ACHD with respect to the approval by ACHD of the Conditional Use Applications to be filed by [D & B]; M. "Canals Ditches and Waterways. Tile all canals, ditches and other waterways which are to be preserved and submit evidence of appropriate approvals from the irrigation district and/or downstream water users;" and r. prevent all construction debris from migrating to adjacent properties during construction. 11 F. MERIDIAN CITY ORDINANCES The following ordinances apply generally to D & B's development, to the specific aspects of the development which adversely impact the Myalls' property, and provide a variety of enforcement mechanisms to remedy the problems. 1. GENERAL No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. 11-2-407. The purpose of the City's review and approval of D & B's plans is to "ensure that development and construction occurs as it is represented it will occur." 11-2-410C. "Any violations of the representations or conditions of approval shall be violations of this Ordinance or the Subdivision Ordinance." 11-2-410C. The City's Ordinance containing Performance Standards For District Uses, unambiguously state that its "provisions shall be adhered to." For commercial and industrial uses, the standards require that: 1. No land or building in any district shall be used or occupied in any manner creating * * * noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises except that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits * * *. 11-2-413B. The SUBDIVISION AND DEVELOPMENT ORDINANCE, Title 9, Chapter 600, applies to "the development of all land within the legally defined Meridian City limits." 11-9-601C. Among the objectives of the ordinance are: 4. To encourage orderly growth and development, thereby avoiding scattered development of land that results in * * * a. The lack of * * * drainage 5. To protect residential * * * areas from the intrusion of incompatible uses; 10. To specify the requirements as to the extent and manner in which: a. Roads and streets shall be created and improved 12. To encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City; 12 20. To secure equity among individuals in the utilization of property. 11-9-602 Preliminary plats must contain: M. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, * * * q. A statement as to whether or not a variance will be requested with respect to any provision of this Ordinance describing the particular provision, the variance requested, and the reason therefor; r. A statement of development features. 11-9-604 11-9-605 DESIGN STANDARDS All plats submitted pursuant to the provisions of this Ordinance, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth hereinafter in this Section; provided, however, that any higher standards adopted by any Highway District, State Highway Department or Health Agency shall prevail over those set forth herein. 11-9-605A. When reviewing a request for approval of a conditional use, the City must "find adequate evidence showing that such use at the proposed location: 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such uses will not change the essential character of the same area; 4. Will not be disturbing to existing or future neighboring uses. 11-2-418C. 2. D & B's RELOCATION OF THE IRRIGATION DRAINAGE DITCH The detailed provisions of City Ordinance 11-9-605M protect the integrity of irrigation and drainage ditches by requiring that they be tiled in new developments. 11-9-605M TILING OF DITCHES Tiling of irrigation ditches, laterals or canals. All irrigation ditches, laterals or canals, exclusive of natural 13 waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. * * * In the tiling of any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district shall be completed so as not to impede the movement of the amount of water crossing the property in the open ditch prior to development and the tiling of the ditch or canal. The pipeline shall have a sloped bar -grated inlet structure and access/clean out boxes at a maximum of four hundred feet (4001) spacing and at all angle points of the pipeline. Where the ditch under consideration is on the boundary between the land being developed and adjacent land not owned by the developer or the owner of the land being developed, or is in fact the boundary, the ditch shall still be tiled. The developer shall attempt to obtain the permission of the adjacent land owner to tile the ditch and attempt to have the adjacent land owner share in the cost of the tiling. If the adjacent land owner is unwilling to cooperate in sharing the cost of the tiling but willing to allow the use of his land for tiling, the developer shall tile the ditch at his sole cost. If the adjacent land owner is unwilling to allow his land to be used for purposes of tiling the ditch, the developer may request the City to condemn that part of the adjacent land necessary to tile the waterway but the developer shall be required to pay, all of the cost of condemnation and pay all of the costs of obtaining the adjacent land and all of the cost of tiling the ditch, lateral or canal. 3. STORM WATER DRAINAGE The City's Design Standards For Off -Street Parking require that D & B submit a "drainage plan designed by an architect or an engineer" to be approved by the City Engineer. 11-2-414 D (2) (d) . 11-9-606B IMPROVEMENTS, PUBLIC Every subdivider shall be required to install at his own expense the following public and other improvements in accordance with the conditions and specifications, as follows: 7. Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. * * * Construction shall follow the specifications and procedures established by the Council, and management practices outlined in the Urban Runoff 14 Control Handbook of the area -wide water treatment management (208) plan; 4. THE EXPOSED DIRT LOT WHICH D & B EXCAVATED The Performance Standards require that: "No erosion by man, wind, or water shall be permitted which will carry objectionable substances onto neighboring properties." 11-2-413 B. Filling, grading, and other earth -moving activity" are recognized as "unique land uses [which] pose special problems that may have detrimental influences on surrounding land uses." The City's performance standards require that earth -moving activity be performed so that it: a. Will result in the smallest amount of bare ground exposed for the shortest time feasible; b. Will provide temporary ground cover such as mulch C. Will use diversions, silting, basins, terraces, and other methods to trap sediment; f. Will construct and stabilize sides and bottom of cuts, fills, * * * to prevent erosion or soil failure. 11-2-413 C (9) . 5. INADEQUATE SCREENING The City's Design Standards for off -Street Parking require screening "[w]henever a commercial off-street parking area is located in or adjacent to a Residential District, * * *." 11-2- 414 D (2)(c). The residential district must be: effectively screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (41) in height plus a planting strip of four feet (41) minimum width or in an alternate arrangement as approved by the Commission. Id. 6. D & B'S EXPOSED TRASH BIN The City's Performance Standards require that: All trash and/or garbage collection areas for commercial, industrial, and multi -family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four (4) feet in height or within an enclosed building or structure. 11-2-413 A (3). 15 7. COMMERCIAL MATERIALS WHICH D & B SUPPLY STORES OUTDOORS The City's performance standards require that the outdoor storage of commercial materials be: screened from view from any existing adjoining residence or residentially zoned area whether or not such property is separated by an alleyway or street. 11-2-413 C (12). 8. ENFORCEMENT There are numerous provisions for enforcement of the requirements of the ordinances, the Development Agreement, and the Findings of Fact and Conclusions of law. a. Termination of the Development Agreement Idaho Code section 67-6511A provides that: A commitment may be terminated, and the zoning designation upon which the use is based reversed, upon the failure of the requirements in the commitment after a reasonable time as determined by the governing board or upon the failure of the owner * * * to comply with the conditions in the commitment and after complying with the notice and hearing provisions of section 67-6509, Idaho Code. I.C. §67-6511A. b. Conditional Use Enforcement In approving and Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 11-2-418D. "All conditional use permits are subject to revocation by the City Council." 2-418E. C. Certificate of Zoning Compliance A Certificate of Zoning Compliance is required for the construction of any building or structure or any change in the use of land. The Certificate expires and is revoked if the work described in it is not begun within one year of its issuance. 11-2-420B. 16 d. Certificate of Occupancy D & B must obtain a Certificate of Occupancy from the City Building Inspector, "stating that the proposed use of the building or land conforms to the requirements of this Ordinance and with all conditional provisions that may have been imposed." Failure to obtain a certificate is a violation of the ordinance. 11-2-421 A, C. "[N]o occupancy permit shall be issued until all requirements of the City of Meridian have been met." 11-2-421E. e. Penalties Pursuant to Idaho Code, 67-6527, a violation of this Ordinance is hereby declared to be a misdemeanor and the violator may be punished by a fine or up to three hundred dollars ($300.00) for each such violation and may be imprisoned for each violation for a maximum of six (6) months in jail. In addition, whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this Ordinance, the City Council may institute a civil action in the District Court to enforce compliance with this Ordinance. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this Ordinance, a permanent or temporary injunction, restraining order or other such relieve as the Court deems appropriate may be granted. The governing board shall not be required to furnish any bond in said civil proceeding. In addition to the above penalties for violation of this Ordinance, the City may also enforce the provisions of this Ordinance with the enforcement and penalty provisions of the Subdivision and Development Ordinance contained in 11-9-613. f. Guarantee of Completion of Improvements The owner of the property being subdivided shall grant to the City a lien to secure the placement and construction and completion of all improvements required under subsection 9- 606B, or any other requirements made by the Council prior to final plat. The lien shall be granted by the owner of the property and shall be filed with the Administrator prior to the City's approval of the final plat. If the owner and/or developer do not complete the required public improvements, the City may do so and foreclose its lien given by the owner. The City may, if it sees fit, require the owner and/or developer to provide financial guarantees in one, or a combination, of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement: 17 1. Surety Bond 2. Cash Deposit Certified Check Negotiable Bond, or Irrevocable Bank Letter of Credit 11-9-606 C. g. The Building Permit A building permit for the construction of a dwelling or building or structure may be allowed prior to completing of all improvements required by Sections 11-9-605 and 11-9-616 only upon providing a guarantee of completion of improvement as authorized by section 11-9-606C, * * *, all of which must be acceptable to the City. 11-9-606 D. h. Detection of violations, enforcement, and penalties 1. Enforcement: No subdivision plat required by this Ordinance or the Idaho Code shall be admitted to the public land records of the County, or recorded by the County Recorder, until such subdivision plat has received final approval by the Council. No public board, agency, commission, official or other authority shall proceed with the public improvements required by this Ordinance until the final plat has received the approval of the council. The City Attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of this Ordinance. 2. Penalties: Penalties for failure to comply with the provisions of this Ordinance shall be as follows: Violation of any of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense with a three hundred dollar ($300.00) per day fine. The fine may be collected civilly or criminally including cost of attorney fees upon collection. The landowner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense. Nothing herein contained shall prevent the Council or any other public official or privata citizen from taking such lawful action as is necessary to restrain or prevent any violation of this Ordinance or of the Idaho Code. 3. In addition to the enforcement and penalty provisions above, the City may withhold, and elect not to issue, building, electrical, or plumbing permits, zoning certificates, or certificates of occupancy, due to any in violation of the provisions of this Ordinance or the Zoning Ordinance. The violation may pertain to the property or to an individual or entity. 11-9-613. 18 Key Bank of Idaho Commercial & International Services �u 702 West Idaho i` Boise, ID 83702 THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC I PRESENTATION DATE I AMOUNT IN FIGURES AND WORDS I NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: RECEIVED MAY - 5 1995 CITY OF MERIDIAN