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HomeMy WebLinkAboutWaterbury Park Subdivision No. 5 VAROFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty Englneat BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. OENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWER8, FIroChlsf W. L "BILL" GORDON, Pollee Chisf WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF I~~IERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208)887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM 8NEARER CHARUEROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 8, 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8/15/95 REQUEST: Variance Request for Waterbury Park Subdivision No. 5 BY: Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridian Road JIM JOHNSON, P2 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 8t 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 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: i • CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME: Ramon Yor ason PHONE 377- 3939 Owner or holder of valid option ADDRESS: 2304 N. Cole Road, Suite "A",Boise, Idaho 83704 GENERAL LOCATION: Portion of the NE 1/4 & NW 1/4, Section 1, T.3N, R.1W LEGAL DESCRIPTION OF PROPERTY: Attached PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attac ed. PRESENT ZONE CLASSIFICATIONL R-4 VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed for a Variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: Request that the City waive the requirement to pipe the Creason Lateral. This lateral is only partially located on the applicants property and would require a pipe larger than a w is wou cause inancia ar s ~.p or a app scan . SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By ~ ~ VARIANCE APPLICATION WATERBURY PARK #5 SUBDIVISION 1. 2545 Venable Lane, Meridian, Idaho 83642 2. Ramon Yorgason, 2304 N. Cole Road, Suite "A", Boise, ID 83704 3. Same as #2 4. Warranty Deed attached to Variance Application 5. Legal Description attached to Variance Application 6. The present land use is agricultural for this property. 7. This property is intended to be developed with 47 single family residential lots and 5 common area lots. 8. Nampa-Meridian Irrigation District 9. Attached to Variance Application 10. N/A 11. Attached to Variance Application 12. The size of pipe required to the the Creason Lateral would create an economic hardship on the applicant. 13. This ordinance requires the tiling of irrigation ditches, laterals or canals. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying 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 coverincr equivalent in ability to detour access to said ditch, lateral or canal. 14. The Creason Lateral runs along the northern boundary of the Waterbury #5 Subdivision project. The dimensions of the water flow in the lateral area approximately 9 feet wide at the surface, 2-3 feet deep as an average, and traverses approximately 730 feet across the property. Due to the size of this lateral, the considerable cost is beyond what is considered standard or reasonable development cost. 15. The Creason Lateral is an extension of the Finch Lateral which runs along the northern boundary of the previously platted Waterbury Subdivision phases. During non-irrigation months, tYie Creason Lateral continues to flow due to groundwater in ~ ~ the area and behaves as a drain for surrounding properties. The Cresson Lateral has also been designated as a potential future greenbelt area by the city planner. The applicant is proposing to leave a corrider open along the Creason Lateral to allow for future use as a greenbelt. Previous phases of Waterbury Park Subdivision have also provided a fenced future corrider for such a use. We believe the circumstances involving Waterbury Park Subdivision No. 5, the Lateral isolated to the northern boundary, make fencing for the purpose of limiting subdivision access a more viable solution. 17. As stated, previous phases of Waterbury Subdivision have fenced along the lateral as is proposed for this phase. 18. The Creason Lateral was constructed several decades ago, and the current land owner was not available to provide comment as to the location of the lateral. 19. Same as #17. 20. The Meridian Comprehensive Plan provides for the health, welfare and safety of the residents of Meridian City. We do not believe that the granting of this variance will detract in any way from the purpose or meaning of the Comprehensive Plan. 21. Fee = $256.45 22. Granting this variance would allow the applicant to develop the property in a similar manner to surrounding properties without creating excessive economic costs which would inhibit development. The applicant will not create excess profit by this variance but will make the development more economically feasible. The applicant is providing over 2 acres of open space to enchance the quality of the subdivision, including an area designated by the City for a bikepath along the Five Mile Drain. II,J _,r THIS FORM FURNISIIED COURTESY OF: STEWA.RT TITLE READ & APPROVED BY 4705 , ,• •i ~: f''~RUEK gOISE ItJ BTEWABT T1Tl_E 9`I OCT 28 ~i~~ ~ ~ is 0 FEE -~ ~~- ~• ~- :ri T ~)F RECOitOEU :.1 SPACR ABOVE THIS LINE FOR RECORDING DATA Order No.: 93041905 TN/WO WARRANTY DEED FOR VALUE RECEIVED ORA VENABLE (also shown of record as Ora J. Venable?, an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL anti CONVEY unto J . Rl1MON YORGASON AND MARILYN YORGASON, HUSBAND AND WIFE GRANTEE(S), whose current address is: 2304 N. COLE ROAD, BOISE, IDAHO 83704 the following described real property in ADA County, State of Idallo, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO BOLD the said premises, with their appurtenances unto dle said Grantee(s), and - • ---~ .~......:,~ r_~.,„~,.~r~~ rlnPa(dol hereby covenant to and will} tlle'saicl ~ , -. .. A ° Y Cry` - '~,~~' • NUBBLE GINEERING, INC. ~~ y 9550 Bethel Court ^ Bo(se, Idaho 83709 208/322.8992 ^ Fax 208/378-0329 PROJECT N0.9403400 MAY 2, 1995 DESCRIPTION OF WATERBURY PARK SUBDNISION N0.5 FOR CAPITAL DEVELOPMENT, INC. PORTIONS OF THE E1/2 SE1/4 NW1/4, AND W1/2 SW1/4 NE1/4, SECTION 1, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND BEING PORTIONS OF THE E1/2 OF THE SE1/4 OF THE NW1/4 AND W1/2 OF THE SW1/4 OF THE NE1/4 OF SECTION 1, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING ATAN IRON PIN MARKING THE SECTION CORNER COMMON TO SECTIONS 35 AND 36, T.4N., R.1W., B.M., AND SECTION 2 AND THE SAID SECTION 1; THENCE SOUTH 0°00'29" EAST 2699.27 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A BRASS CAP MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 2 AND 1; THENCE SOUTH 89°27'28" EAST 2655.29 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A 2-INCH GALVANIZED PIPE WITH BRASS CAP MARKING THE CENTER OF THE SAID SECTION 1, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING (INITIAL POINT); THENCE NORTH 89°27'28" WEST 663.82 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE NW1/4 OF SECTION 1 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE NORTH 0°05'40" EAST 862.19 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE SOUTH 89°20'11" EAST 664.35 FEET; THENCE SOUTH 76°16'49" EAST 70.86 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 30 OF BLOCK 1 OF WATERBURY PARK SUBDIVISION N0.4, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 66 OF PLATS AT PAGES 6862 AND 6863; THENCE SOUTH 0.24'09" EAST 844.72 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID WATERBURY PARK SUBDIVISION N0.4 TO A POINT MARKING THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 7 OF THE SAID WATERBURY PARK SUBDIVISION N0.4; WATERBURY PARK SUBD. NO. S PAGE 1 OF 2 ` , THENCE NORTH 89.27'21" WEST 76.71 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 1 TO THE POINT OF BEGINNING, COMPRISING 14.56 ACRES, MORE OR LESS. CS/DTP/GLR/VW/842.DES D. TERRY PEUGH, P.L.S. WATERBURY PARK SUED. NO. S PAGE 2 OF 2 PREPARED BY: RUBBLE ENGINEERING, INC. --'-TF A IMF • ~ 1~_ ?;,~ a I N .J ~ y Y Wis. ~- M F'. nw tl7H '~~ = j • O ° ~ < o r-^' M w M ~ x~ ~~ M r N ~ ~i .Q A_ ~, ~ Y V ~ g • ay ~ m M a . • ~ w p y ~ V 1 • y N . TH AVE. " . 1 • y N O ~r ~I ~~ A tai ~ = A r ~ a` ~a 13th !* N . y _ N r M ~ 11 • © i ~ r ~ P • M • a Z V tZt~1 St ~ ~1 w ~ ©• • •. • 1 it P ~ ~ ~o v 2 4a a `. _ • ~ . V ~ . 1p i i R~"N . ,~ ~. •I PL. L ° , J i .~ V • ~ % NO ~ S ~ X !~ ~ N ~ O ~ • )~ N. R[L3[Y tl. : ~ ~ ~ ~ tt N M p • ~ w w N . ~~ ~ M 4 ~ ~ i*i h • • ~k~~r ~• ~ v ~ ~ 0 a ~ ~ ON J ~ N ~ ~~ N ~ ~. .1 ~ ~ ~ ~ ~ x~ , ~ n ~ ~ r a + ,, .~ N t i4U o ~ g ' " g ~ ~ ~ a EN" 3..r '_ A_NE x 1 V . • >z ., . W "+ • • c~ °~ ~ . ~ O ^~ W ~ N D! ~ U ~. O Z W O.= i`' ~= y Q •` D w _ Nivaa ~~r1d ~ ~^ N y,w Q ! N O c no~ ~ x m ~ a o ~ v U ~ 4 Q 0 ~ ;b: - ~ a --- ~: r. • ~ '•~`?Jr1=Ct7 ~: ' ~ k ;,7pOmV s~ ,. .. .,. .. _._ . .... ~v s~~ ~ .' ~:.,_ :.. ..... :t. ..k Yom. .'. i'kl•. L' '~..~.~ •.,:i~ ~ ~ Q ...,. ~? -~ -n ,_ Q r rn r•~ .. •,,, ,- ~. ,.:~ r %~ . .. •~~ ~~• - . ~g ~,} ~ Al~~~NEAIILLA ~ . v THE ~ • ~ s• .. ~~~ ~ 0 ~ ~~ ~ ~ p~~~All'/ a THE gt2~.~OR Of .e pEp~pESENTAtgNS AS D ,ro tHE ~p S110WN OCHER FACTS F-ELI- tHEREON. gQ~ ~P 4~ e'u +a'~o~ a a s~+ st Q ~ ~ t0 f~ etf ~ ~ ~ • Q N ss ytRl s~ ~ ~ ~ ~ ~ i ~ M of ct ~, r N . Mf • ~~ Ip 8 ~O ,~ ~O aw at a ~w ~' d ~~ : 3b1S H1 ZI h ~2 /1.` ~ .0 ,, ~ b~ p ~ n ti 0 N ~ `O N OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treaauror GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Goad Place to Live CITY OF 1VIEI~IDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (308) 888-4433 • FAX (206) 887813 Public Works/Building Department (208)887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P ti Z COMMI8810N JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 8, 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8/15/95 REQUEST: Variance Request for Waterbury Park Subdivision No 5 BY: Ramon Yoraason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridian Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, PIZ 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ;~ . • CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME: Ramon Yor ason PHONE377- 3939 Owner or holder of valid option ADDRESS: 2304 N. Cole Road, Suite °.A",Boise, Idaho 83704 GENERAL LOCATION: Portion of the NE 1/4.& NW 1/4, Section 1, T.3N, R.1W LEGAL DESCRIPTION OF PROPERTY: Attached PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option `) agreement must be attached. . PRESENT ZONE CLASSIFICATIONL R-4 VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed fora Variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE:_ Request that the City waive the requirement to pipe the Creason Lateral. This lateral is only partially located on the applicants property and would require a pipe larger than a w is wou cause inancia ar s ip or a app scan . SIGNATURE: CITY COUNCIL RECORDS Date Received Cjty Council Hearing Date Received By • VARIANCE APPLICATION WATERBURY PARK #5 SUBDIVISION 1. 2545 Venable Lane, Meridian, Idaho 83642 2. Ramon Yorgason, 2304 N. Cole Road, Suite "A", Boise, ID 83704 3. Same as #2 4. Warranty Deed attached to Variance Application 5. Legal Description attached to Variance Application 6. The present land use is agricultural for this property. 7. This property is intended to be developed with 47 single family residential lots and 5 common area lots. 8. Nampa-Meridian Irrigation District 9. Attached to Variance Application 10. N/A 11. Attached to Variance Application 12. The size of pipe required to the the Creason Lateral would create an economic hardship on the applicant. 13. This ordinance requires the tiling of irrigation ditches, laterals or canals. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying 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. 14. The Creason Lateral runs along the northern boundary of the Waterbury #5 Subdivision project. The dimensions of the water flow in the lateral area approximately 9 feet wide at the surface, 2-3 feet deep as an average, and traverses approximately 730 feet across the property. Due to the size of this lateral, the considerable cost is beyond what is considered standard or reasonable development cost. 15. The Creason Lateral is an extension of the Finch Lateral which runs along the northern boundary of the previously platted Waterbury Subdivision phases. During non-irrigation months, the Creason Lateral continues to flow due to groundwater in • • the area and behaves as a drain for surrounding properties. The Creason Lateral has also been designated as a potential future greenbelt area by the city planner. The applicant is proposing to leave a corrider open along the Creason Lateral to allow for future use as a greenbelt. Previous phases of Waterbury Park Subdivision have also provided a fenced future corrider for such a use. We believe the circumstances involving Waterbury Park Subdivision No. 5, the Lateral isolated to the northern boundary, make fencing for the purpose of limiting subdivision access a more viable solution. 17. As stated, previous phases of Waterbury Subdivision have fenced along the lateral as is proposed for this phase. 18. The Creason Lateral was constructed several decades ago, and the current land owner was not available to provide comment as to the location of the lateral. 19. Same as #17. 20. The Meridian Comprehensive Plan provides for the health, welfare and safety of the residents of Meridian City. We do not believe that the granting of this variance will detract in any way from the purpose or meaning of the Comprehensive Plan. 21. Fee = $256.45 22. Granting this variance would allow the applicant to develop the property in a similar manner to surrounding properties without creating excessive economic costs which would inhibit development. The applicant will not create excess profit by this variance but will make the development more economically feasible. The applicant is providing over 2 acres of open space to enchance the quality of the subdivision, including an area designated by the City for a bikepath along the Five Mile Drain. ~ ,•~ ~~ r THIS FORM FURNISHED COURTESY OF: STEWART TITLE READ & APPROVED BY GRANTEE(S)~~ 4705) ~: ~~°'~RUtR BQiSE to STEWAHT TITLE 9~~ ocT 2$ ~r~ ~ ~ is 0 FEE~~=~- ~ .. _- ':°i T OF RECOiIO~-U %•~ SPACE ABOVE 7'F113 LINE FOR RECORDING DATA Order No.: 93041905 TN/WO WARRANTY DEED FOR VALUE RECEIVED ORA VENABLE (also shown of record as Ora J. Venable), an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL anti CONVEY unto J . RAMON YORGASON AND MARILYN YORGASON, HUSBAND AND WIFE GRANTEE(S), whose current address is: 2304 N. COLE ROAD, BOISE, IDAHO 83704 the following described real property in ADA County, State of Idaho, snore particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO BOLD t1Fe said premises, with their appurtenances unto the said Grantee(s), anti Grantee(s) heirs and assigns forever. And the said Grantor(s) cloes(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which ibis conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rig{its of way alrcl agreements, (if any) of record, anti general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: October 27, 1994 ORA VENABLE ACKNOWLEDCEMEN•r -Individual STATE OF IDAHO ) s~rnTE of IDAHO . , County ot_ Ada COUNTY OF ADA ) . ss. On this 2 8th daY a~ October ~ ^ • Y / ~N\ ..y/ • HUBBLE ENGINEERING, INC. 9550 Bethel Court • Boise, Idaho 83709 PROJECT NO.9403400 MAY 2, 1995 DESCRIPTION OF WATERBURY PARK SUBDNISION NO. S FOR CAPITAL DEVELOPMENT, INC. PORTIONS OF THE E1/2 SE1/4 NW1/4, AND W1/2 SW1/4 NE1/4, SECTION 1, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND BEING PORTIONS OF THE E1/2 OF THE SE1/4 OF THE NW1/4 AND W1/2 OF THE SW1/4 OF THE NE1/4 OF SECTION 1, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN IRON PIN MARKING THE SECTION CORNER COMMON TO SECTIONS 35 AND 36, T.4N., R.1W., B.M., AND SECTION 2 AND THE SAID SECTION 1; THENCE SOUTH 0°00'29" EAST 2699.27 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A BRASS CAP MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 2 AND 1; THENCE SOUTH 89°27'28" EAST 2655.29 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A 2-INCH GALVANIZED PIPE WITH BRASS CAP MARKING THE CENTER OF THE SAID SECTION 1, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING (INITIAL POINT); THENCE NORTH 89°27'28" WEST 663.82 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE NW1/4 OF SECTION 1 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE NORTH 0°05'40" EAST 862.19 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE SOUTH 89°20'11" EAST 664.35 FEET; THENCE SOUTH 76°16'49" EAST 70.86 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 30 OF BLOCK 1 OF WATERBURY PARK SUBDIVISION N0.4, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 66 OF PLATS AT PAGES 6862 AND 6863; THENCE SOUTH 0°24'09" EAST 844.72 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID WATERBURY PARK SUBDIVISION N0.4 TO A POINT MARKING THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 7 OF THE SAID WATERBURY PARK SUBDIVISION N0.4; 208J322$992 • Fax 208/378-0329 WATERBURY PARK SUBD. N0.5 PAGE 1 OF 2 • THENCE NORTH 89.27'21" WEST 76.71 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 1 TO THE POINT OF BEGINNING, COMPRISING 14.56 ACRES, MORE OR LESS. CS/DTP/GLR/VW/842.DES ~ D. TERRY PEUGH, P.L.S. WATERBURY PARK SUBD. NO. S PAGE 2 OF 2 PREPARED BY: RUBBLE ENGINEERING, INC. • • ^~ a N~vtia ~~ri~ 0 .~ h~ d y ~ ~ np a y ~ b M a ~ ' - ~ F /' r'M: k . A NJ A - ~ ~\!Y\V'~' `- v aV M .. a ~... .~. _ _ ...... ~/'r~~'t ,. ' . ._.:.' k ~OA°~~w a%a~~,ur ~ g~~tlgC.Y ~ ~ . R ~ RED A ~4,e' lOC1-TiNd THE ~ ~Hp QR MAY REPRESENTATgNS 11~ T0~ 8t1E~ 1~R~- ~~ pTHER FACTS REUTEO ~ SHE LAND THEREON. /~. t ~ n~o I ti ~ ~ OL Iq 133b1S N1 ZI `" r h s ~ +' a ~n ti~ W ;~ ~~ d ~ fj ~• Q ~ c• ~ ` N 4 ~ w _ ~.; Q Ly O 0° z J U Q Q a ._ r~ ~C' ~~x C l/ ~~;~~~~; c., ;,m vm~ c~... ~. O • ~ U n .1. ~ : ."' ~~. Q , px c ~ i ~yzpp ;'..rQmOnt~ ., r rn ro ~. ~• ~ y ~~ A~ r~l • ~ ~ . .I ,, t ~ ~ . l~ ~ ~• (• .. tir• .. O ~ ~~ ti~ S` s NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 15, 1995, for the purpose of reviewing and considering the Application of Ramon Yorgason for a Variance Request for land located in a portion of the NE 1/4, NW 1/4, Section 1, T.3N, R.1W, Boise Meridian, Ada County, Idaho, and which property is generally located West of Meridian Road and South of Ustick Road. The Application requests a variance to the requirement to pipe the Cresson Lateral. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of July, 1995. _ Y Y WILLIAM G. BERG, JR., CI C ERK fAll,~yo ~ w o Z7 ~ 1 o w > . . ~' a ~ a < ~ _ N - ~• Y ~ _ - V J ~ N M • ~.~s. 12tK ST ~ N . - ~: N o w v q ~ v w - O r •/ V~ : . O N w ! j TH a vE. = s Y ~~ S ~ ~ r N O ~• O y N o = A 4 1 N ~ ~• r ~ • - ~ gN , ~m " + ~ "' ~ M - ~ ~ 1 r j • O r A iF • V N - O _ NW ,0 TN AVE. w ~ ~jo v • u • 4 N - O ~"'~^ ~1 ~. _ ~ ~ ~~ ~ ~ ~ r ~~; ~a • 13th !* N i N .i Y ~ r O o V ~' p • N v© • a Z '" t2tn _~ ST w ~' ©• • •. ~P 11 ~. ~o ~ ~ 2 a ~~ M r~ I ,! R " N~~ ~_ .,~ ~ ~ .~ P~. ~. ° t .. r • ~ N O ° ~ y ~ j~ (i V • N ~ o w N. 1tELiEt ~L. ~ v ~ ~ N M N N • u ~ w p O i ~~ • ~ ` ~ ~ ~ N 4 " ~ ~. + ^ h ,ON J u N ~ ~~ N ,; .. _ a • a ~ ~ ~~ ,~ r , ~ ' M ~ d a p ~ ~ s w t ~ ~ ~ a N r1 N =. :EN"3..E '.4NE ____.,._~~_ ..__. _ ._-_ __. r_......._ ~f~ ~ ~x tt • I ... V . ~ •~ • Danny D & Melissa R Ussery 2435 N Kelsey P1 Meridian, ID 83642 Ada County Highway District 318 E 37th Boise, ID 83714 Stephen T & Jennifer K Carlson 705 W Waterbury Dr Meridian, ID 83642 Ada County Idaho 650 Main Boise, ID 83702 Henry Notebloom 2017 NW 8th Meridian, ID 83642 City of Meridian 728 Meridian Meridian, ID 83642 J Ramon & Marilyn Yorgason 2304 N Cole Rd Boise, ID 83704 John C & Gayla J Sanford Trustees for Sanford Trust 2880 Venable Ln Meridian, ID 83642 Robert M Flaten 2720 Venable Ln Meridian, ID 83642 Joe & Katherine Simunich 955 W Ustick Rd Meridian, ID 83642 Cecil D & Diana L Lizaso 940 Chateau Meridian, ID 83642 Kenneth E & Gayla S Hulsizer 1080 Chateau Meridian, ID 83642 Ronnie D & Robin C Vaughan 1076 Chateau Meridian, ID 83642 • • Shawn Anthony & Karen Annette Jenkins 1064 Chateau Dr Meridian, ID 83642 Gary L & Sherry R Shults 1048 Chateau Meridian, ID 83642 David & Stephanie Barnowski 1012 Chateau Dr Meridian, ID 83642 David J & Daureen L Bastian 960 W Chateau Meridian, ID 83642 Thaddeaus S & Wendy A Mason 2594 N Ridgebury Way Meridian, ID 83642 Carey E & Danialle L Rook 2640 N Ridgebury Way Meridian, ID 83642 Holton Homes, Inc 1299 Franklin Rd Nampa, ID 83687 Claire A Rodkey 2521 N Ridgebury Way Meridian, ID 83642 Home-Art Corporation Inc 521 E 3rd Meridian, ID 83642 John D Anczak & Gina E Mehlum 2611 N Ridgebury Way Meridian, ID 83642 Floyd G & Victoria D Madsen 5005 W Hillside Ave Boise, ID 83703 B.E. & Carol R Hardinger, Trust Life Estate B.E. & C.R. Hardinger, Trustees 2331 Kenmere Pl Meridian, ID 83642 Scott A & Christy D Moore 2311 Kenmere Meridian, ID 83642 • John T & Donna L Kaiser 805 S Commercial Ave Emmett, ID 83617 Mark J & Debbie L Spence 2312 NW 10th Meridian, ID 83642 Robert B & Valerie A Crawford 1003 Chateau Dr Meridian, ID 83642 John P & Judy E Shaffer 4566 Gumwood Dr Meridian, ID 83642 Neil M & Holli A Hunter 1013 W Chateau Meridian, ID 83642 Richard L & Eva M Burns 1047 Chateau Meridian, ID 83642 Debra S French 1065 W Chateau Meridian, ID 83642 Harlan Roberts 1077 Chateau Dr Meridian, ID 83642 Mickie K Butler & Jack L & Judy K Butler 1081 W Chateau Dr Meridian, ID 83642 Philip B & Terri L Byrne 2320 Kenmere Meridian, ID 83642 Joann M Washburn 2310 Kenmere Meridian, Id 83642 Bee Hive Homes, Inc 445 Clear Creek Dr Meridian, ID 83642 r iV "N\ ~~_ ~~ L~ RUBBLE ENGINEERING, INC. 8550 W. Bethel Court • Boise, Idaho 83708 SURV~' TRANSM'TTAL LETTER FOR: ~DEWERIES PICK UPS Attn: ~ ~ ~~-'t. l ` ~. (...~ r ~"~ • (208) 322-8882 • Fax (Z08) 378-0328 DATE `.`~ - a- ~ -- `,I 5 Job No• ~ L~ - 0 ~.~ y a WE ARE SENDING YOU: WE ARE PICKING UP _ (`See remarks) _ As Requested ,~ Attached _ Under Separate Cover, Via FOR YOUR: _ Use Information _ Record Review and Comment _ Bidding _ Approval _ Cost Estimating THE FOLLOWING: _ Print(s) _ Specifications _ Plan(s) ~ _ _ Shop Drawing(s) - Sample(s) _ Copy of Letter Disk(s) (*See Disclaimer below) Copies Date Sheet No. ~ Description REMAwcs: Copy To: _ With Encl. _ With Encl. By: DISSK OIStS.AarER:~LEA1fE READ AND 81QN). ALL USERS OF THI8 ELECTRONIC DATA SHALL BE AWA~IE OF THE PREp810N, OR LAdC OF PREOISION, THERBN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT A8 AN ACOURATE lTAT10N OF THE PROPOSED PRO.~CT. RUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA. GnQ uu n~Etr F PNAINEERING l1SE ANLY- TOTAL TOTAL TIME RECENED BY: ~; TIME: DELIVERED: n rnw 371 :ORDER N0. 93041905 ~/WO • EXHIBIT "A" PARCEL I: The South 13 acres of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1 in Township 3 North of Range 1 Weat of the Boise Meridian, in Ada County, Idaho. EXCEPTING therefrom: That portion of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, of the Boise Meridian, more particularly described, to-wit: COMMENCING at the marked stone at the Southeast corner of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North 89 degrees 53'30" West 411.15 feet along the South line of the said Northwest Quarter to the POINT OF BEGINNING; thence continue North 89 degrees 53'30" West 252.70 feet, along the said South line to the Southwest corner of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 0 degrees 20'20" West 862.19 feet, along the West line of the said East Half of the Southeast Quarter of the Northwest Quarter, to the Northwest corner of the South 7/20 of the said East Half of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 46' East 252.70 feet, along the North line of the said South 7/20 of the East Half of the Southeast Quarter of the Northwest Quarter; thence South 0 degrees 20'20" East 861.64 feet, to the POINT OF BEGINNING. ALSO EXCEPTING therefrom: That portion of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at a marked stone at the Southeast corner of the Northwest Quarter of said Section 1; thence North 0 degrees 18'30" West 810.74 feet, along the East line of the said Northwest Quarter, to the REAL POINT OF BEGINNING; thence North 0 degrees 18'30" West 50 feet to the Northeast corner of the South 13/20 of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 89 degrees 46' West a distance of 411.64 feet, more or -1- 1 • • Continuation of Exhibit A Order No. ST-93041905 TN/WO less, to the Northeast corner of that certain parcel described in a deed recorded ae Instrument No. 845119; thence South 0 degrees 20'20" East, along the East line of the above mentioned parcel, a distance of 50 feet to a point; thence South 89 degrees 46' East a distance of 411.64 feet, more or less, to the REAL POINT OF BEGINNING. C~~,u, ~ -2- ., N .r p! f ~ *y 6t.6 9! 2 106.6 7!.'~ S e'2.! iii ~I/ ~ ,A ~y~ TO ` 76 SO 16~ ~li •!T ~ ~~ any I Oy I ' ' ~4 a ,. ~ ~ ~ ... f: :: .. ~i ~ I v,.• r. • ' h I` ~,-~ ~ I `~ . -~C I . ;~ .. .. _ --s mxvs ~?'in {~ m A i \'~ ~ T7om rn ~ x~ m n 2O ~~Z-rG~ ~J^\ G~ O ~ c~i-Zip-~~,Fii V~i'I~mO~ f ~ A Z ~ C vl V \ ~~ (~SZ~2 mv~*+= isi E ~ so ~ ~ c o C .,~ ~: e ~ ~o ~ ° .~ ~~~~z~ ~l ~., =~o rn ~ oy z~. FLACK DRAIN .. . .,,~. Meridian City Council October 17, 1995 Page 24 Kingsford: Moved by Bob, second by Max, discussion Mr. Morrow? Morrow: It seems to me like that maybe I didn't understand the motion fully, but I think that we should include in the motion subject to the replatting to R-4 of the portion 100 feet south of Sagehen Drive. Did we have the language for the replatting in there? Cowie: I didn't say replatting, but a note to accommodate the R-4 zoning which would be the same thing. We can add to the replat. Kingsford: If you want to use the term plat that is your prerogative, you can speak to that 100 feet meeting R-4. Morrow: 1 think the term replatting signifies that there is going to be a procedure by which the R~ is going to come about. It would clear up or signify at least in my mind how it would get done. Kingsford: Is there an interest in withdrawing the second? Yerrington: I will withdraw the second. Cowie: All we have to do is insert the word Replat before the R-4. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of the preliminary plat for the Lake at Cheny Lane No. 5 & 6 subject to a replat of the 100 feet south of Sagehen to meet the R-4 requirements and that it meet the requirements of staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO. 5 BY RAMON YORGASON: Kingsford: Has the Council reviewed those findings? Any question or comments? Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law for a variance request for Waterbury Park Subdivision No. 5 as written. Cowie: Second Kingsford: Moved by Walt, second by Bob to approve of the findings of fact and Meridian City Council October 17, 1995 Page 25 conclusions of law for Waterbury Park No. 5 as written, Joe did you have a comment on that, we are talking about the tiling of the ditch? Simunich: I am Joe Simunich I reside at 955 W. Ustick Road in Meridian. Mr. Mayor and Council, to me it is irrelevant whether this ditch is left open or tiled. But I think the Council should realize that this also acts as a creek. This Creason Lateral also drains surface water and subsurface water. Meridian city put a sewer line through my place in 1992 this sewer line raised the water table. Keller and Associates has six test holes there. I have four letters to the City Council and the City Engineer in 1992. I have not been addressed yet except Mr. Keller told me last year in July that the water table is higher on our property because of the sewer line. If this Creason Lateral is also tiled and no consideration made and not engineered adequately it won't accept the water from the adjoining properties and therefore it will raise the water table again on our property on the north side of the Creason Lateral. So 1 think before firm decision is made, there should be some good engineering done on this project. Thank you. Kingsford: You have heard the motion and the second, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington - No, Corrie -Yea, Tolsma -Yea MOTION CARRIED: 3 Yeas, 1 No Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor I would move that the decision is essentially it is decided the application for variance from 11-9-605 M is granted under the conditions stated herein. The ditch shall be fenced with either chain link or rod iron on both sides of the right of way. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the decision, atl those in favor? Opposed? MOTION CARRIED: 3 Yes, 1 No ITEM #15: REQUEST FOR AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST TO REDUCE REQUIRED MINIMUM HOUSE SIZE OF 1800 TO 1500 SQUARE FEET FOR ENGLEWOOD CREEK SUBDIVISION: Kingsford: Does Council have any questions of the applicant on that? MERIDIAN CITY COUNCIL MEETING: OCTOBER 17 1995 APPLICANT: RAMON YORGASON ITEM NUMBER; 14 REQUEST;FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBI~RY PARK SUBDNISION NO 5 NCY 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: COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW ~,,~-~ ~ G~f'~ a~G~~~ ~~'~'~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • ~ ~ ~` BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF RAMON YORGASON FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on August 15, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Gene Smith, appearing, the matter having been tabled to gain more information on the matter and tabled at the request of the Applicant, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: __ _ _. FINDINGS OF FACT _.__ _ .._ _ _. _ .. _ _. 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for August 15, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 15, 1995, hearing and at subsequent meetings; that copies of all notices~~were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- .., . 9-612 B. l.b of the Revised and Compiled Ordinances of the City of Meridian; that his requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires • ~ • also been designated as a potential future greenbelt area by the City Planner. 8. The Applicant further stated that he is proposing to leave a corridor open along the Creason Lateral to allow for future use as a greenbelt; that in previous phases of Waterbury Park Subdivision, Applicant has provided a fenced future corridor for pedestrian use; that the circumstances involving Waterbury Park Subdivision No. 5, are that the Lateral is isolated to the northern boundary, that fencing would be good for the purpose of limited subdivision access and such is a more viable solution; that the granting of this variance will not detract in any way from the purpose or meaning of the Comprehensive Plan; that this would allow the Applicant to develop the property in a similar manner to surrounding properties without creating excessive economic costs which would inhibit development; that the applicant will not create excess profit by this variance but will make the development more economically feasible; that the Applicant is providing over 2 acres of open space to enhance the quality of the subdivision, including an area designated by the City for a bikepath along the Five Mile Drain. 9. That the property in the area where the variance is requested is zoned R-4 Low Density Residential District. 10.' That the Application states that Ramon Yorgason is the owner of the property. 11. That Meridian City Assistant Engineer, Bruce Freckleton, submitted his initial comments; that hydraulic calculations for the FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 3 • Creason Lateral, received by his office on July 25, 1995, from Gene Smith, engineer for Applicant, indicate that a pipe greater than 48" diameter would be required to transport the anticipated flows generated from three contributing sources during a 10 year flood event; that the information compiled in the report was from field surveying, Nampa & Meridian Irrigation District, and from a FEMA Flood Study performed by Kunz Engineering; that the calculations exhibit a necessity for a pipe of 72" in diameter to adequately carry the anticipated flows; that at the hearing, in response to a question, Gary Smith, City Engineer, stated that the Engineering Office's comments were based on the information that had been presented to them and that they agreed with the information that had been presented. -12. Gene Smith, the Applicant's representative, testified before the Council that the Creason Lateral runs across the north end of the project; that there are three sources of water for the Creason Lateral where it crosses Applicant's land, the Creason Feeder for 40 CFS, the Finch Lateral for 40 CFS, and a small drain for 4 CFS; that there is potential from these three sources of receiving 84 CFS and calculating a 10 year storm, which has a 10$ chance of happening in any one year, adding an additional 20 CFS to that, we have 104 CFS that the ditch could possibly see; that based on 104 CFS, the pipe that would be required would be 72 inches in diameter; that the Applicant has piped the Creason Feeder with 48 inch pipe; that to the the Creason Lateral would require at least 66 inch cmp pipe or maybe 70 inch pipe; that this lateral is only FINDINGS OF FACT AND CONCLIISIONS OF LAW - WATERBURY #5 Page 4 • partially located on the Applicants property and would require a pipe larger than a 48" cmp pipe which would cause financial hardship for the Applicant. In response to a question from Councilman Morrow, who had stated that the Nampa & Meridian Irrigation District had stated it need to review the calculations to determine whether a 48. inch pipe will be adequate, Gene Smith stated that the Applicant had not requested Nampa & Meridian to review there calculations. 13. That Nampa Meridian Irrigation District submitted comments and stated that the Creason Lateral flows at the maximum of 2,000 miners inches or 40 CFS; that they have not seen or reviewed the flow calculations that were used to determine that 48" pipe (which the City of Meridian requests) will not work; that they need to review the calculations to determine whether 48" pipe will be adequate; that the request for variance of the lateral may be premature. The engineering information submitted by Gene Smith was forwarded to the District and Nampa & Meridian submitted additional comment dated September. l9, 1995, which is incorporated herein as if set forth in full; that John P. Anderson, Water Superintendent for the District ended the comment by stating that he believed that a 48 inch pipe would be more than adequate and that it should work quite well and that if the pipeline is installed according to approved plans, Nampa & Meridian Irrigation District will assume all responsibility for the operation and maintenance. That in response to Nampa & Meridian's comment Gene Smith FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY ~5 Page 5 • submitted additional comment, which is incorporated herein as if set forth in full; he stated again that a 48 inch pipe was inadequate to handle the flows that could possibly generated in the Cresson Lateral. Nampa & Meridian submitted an additional letter, dated October 13, 1995, which indicated that there is a 48 inch pipe under Linder Road which to his recollection has never been under water from the Cresson Lateral, that the District is not regulated by FEMA but if it is determined that the District is.under FEMa the district would have to reassess their policy, and that manipulation is the only way the District can accept storm run off. 14. That the Meridian Fire Department submitted comments and they are incorporated herein as if set forth in full; that the Meridian City Police Department and Central District Health Department reviewed the application for variance and made no comment. 15. That at the public hearing question by Mayor Grant Kingsford was asked of Gene Smith as to how many CFS would the ditch handle before it flooded, could not be answered by Mr. Smith; that the photos presented to the Council by Mr. Smith showed that on August 12, 1995, the day the photos were taken, shows the water within approximately 6 inches of the top of the 48 inch diameter pipe at the Cresson feeder; that Nampa Meridian Irrigation provided the Applicant with the flow quantities and since the decision to pipe the lateral is a requirement of the City of Meridian and not the irrigation district, no request was made of the Nampa Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 6 • • Irrigation District to review any calculations; however, as stated above the information was provided to Nampa & Meridian Irrigation District. 16. That Joe Simunich testified stating that the Creason Lateral goes through his property for about 700 feet; that between Meridian Road to Linder Road it is more like a creek than an irrigation ditch; that some engineering needs to be done as to whether this should be a perforated pipe so it can drain these lands as we have a high water table here in Meridian; that installing pipe could be stopping the natural flow and eventually elevating the water table on the north side of Meridian. 17. There was no other public testimony given. 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 has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take .4 judicial notice. 4. That the Council may take judicial notice of its own FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 7 • proceedings, those of the Coaaaission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That since Nampa & Meridian stated in its initial response that it had not seen or reviewed the flow calculations that were used to determine that 48" pipe will not work and that the District needs to review the calculations to determine whether 48" pipe will be adequate, it was permissible and lawful for the City to allow Nampa & Meridian Irrigation District the ability to review the engineer data and to submit comments after the public hearing; also it was similarly permissible to allow response to Nampa & Meridian comments by the Applicant. 6. That the following provisions of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance are noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on 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. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. ." 7. That the City Council is considering changing the Ordinance regarding the piping of large ditches; that the Ordinance may be changed; that the City has allowed variances from the piping .M. requirement where it has been shown that the pipe required would be larger than 48 inches. FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY #5 Page 8 • • 8. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. c. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 9. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant if this variance is granted; however, the fact that there are three sources of water that do flow, or could flow, into the Creason Lateral prior to the locations where the Creason Lateral would have to be piped in Waterbury #5 Subdivision, they include drainage ditches in addition to ditches that are used to transport irrigation water, and it is unknown, very difficult, or impossible, to determine the exact FINDINGS OF FACT AND CONCLUSIONS Of' LAW - WATERBURY #5 Page 9 • • amount of water drainage that there could be, make it reasonable to not require tiling of the Creason Lateral. 10. The testimony of Joe Simunich that between Meridian Road to Linder Road the Creason Lateral is more like a creek than an irrigation ditch; that some engineering needs to be done as to whether this should be a perforated pipe so it can drain these lands as we have a high water table here in Meridian; that installing pipe could be stopping the natural flow and eventually elevating the water table on the north side of Meridian is significant and supports the granting of the variance. 11. That sufficient information and data has been provided by both the Applicant and the Nampa & Meridian Irrigation District to reflect that the total possible amount of water that the Creason may have to carry is unknown and may be incapable of being determined; that the Nampa & Meridian Irrigation District has indicated that it desires that the ditch be tiled since it believes it could be accomplished with a 48 inch pipe; but it has only stated that it would assume responsibility for the operation and maintenance, and did not state that it would accept total liability. 12. That the above conclusions support the granting of the variance as does that fact that the City has previously granted variances where the size of the the would be greater than 48 inches. ... 13. That the requirement of tiling ditches is a health and safety requirement; that by reason of the size of this ditch, it FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY ~5 Page 10 n lJ appears that to require tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 14. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. c. That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 15. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 16. That since the piping of the ditch is not going to be required, other safety measures must be undertaken to assist the health, safety, and welfare of the people of this City; that it is concluded that the Applicant must fence the ditch with either chain link or rod iron and provide gates which will be locked according to the standards of the Nampa Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY ~5 Page 11 APPROVAL OF FINDINt~B OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED DECISION That it is decided the Application for a variance from 11-9-605 M is granted under the conditions stated herein; that the ditch shall be fenced with either chain link or rod iron on both sides on the right-of-way. APPROVED. DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - WATERBURY ~5 Page 12 • ~~~~ & ~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 •x395 FAX # 208-888.6201 995 ~ KECEIVED Phones' aeo Code 208 nary Smith , Clty Engineer 0 C T 1 3 1995 OFFICE: Nampo 466.7861 City of Meridian 8aise 343.1884 33 East Idaho SHOP: Nompa 466-0663 Meridian, ID 83642 ~C~T1f ~ ~~~ 345-2431 RE: Piping Creason Lateral at Waterbury Park No. 5 Dear Bruce: Nampa & Meridian Irrigation District has to control and manipulate flows through the area in question since the irrigation laterals were installed. It is true that if you pipe a lateral the flow must be restricted to a more consistent level than in an open stream. The control of this lateral and others throughout the District is a day to day requirement. We feel that we are not regulated under FEMA. These are irrigation laterals which accept storm drainage. Nampa & Meridian Irrigation District deals with storm drainage 12 months of the year. The pipe under Linder Road is a 48" pipe and to the best of my recollection, Linder Road has never been under water from the Creason Lateral. It is my understanding that Nampa & Meridian Irrigation District does not fall under FEMA regulation. We have accepted storm return with this understanding. In the event it is prove that our laterals are under FEMA, then we would have to reassess this policy. Manipulation is the o~y way we can accept storm run off. Sincere y, ~ ~`''~. Bill Henson, Asst. Water Superintendent BH/dnm - r• cc: File Each Director Secretary/Treasurer Water Superintendent Dan 3teenson Bruce - Meridian Bldg. Dept. OCT 13 '95 14:22 APPROXIMATE IRRKiAOIE ACRES RIVER FIAw RIGHTS • 23,000 BOISE PROJECT RIGHTS • e0,000 2088886201 F'AGE.04 • Meridian City Council October 3, 1995 Page 16 Morrow: No, so therefore in order to separate those out you have to have some time to get that done so we need to table until next meeting to resolve that issue. So I would so move. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table the CC&R's for Los Alamitos until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Are we clear on the issue Marty? Goldsmith: Yes, thank you very much. ITEM #4: TABLED SEPTEMBER 19, 1995: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO. 5 BY RAMON YORGASON: Kingsford: He has submitted a letter to us I believe on that issue, no excuse me that was on Crossroads. Entertain a motion to table Waterbury Park until the next meeting. Corrie: So moved Tolsma: Second Kingsford: Moved by Bob, second by Ron to table Waterbury Park until the next meeting. Smith: Excuse me Mr. Mayor, I think the letter the developer wrote had to do with the tabling request for Crossroads reimbursement rather than Waterbury No. 5. Kingsford: We have an updated letter on that. Council members have you reviewed the letter of October 3rd, is that in your packet? Morrow: Well, it was but I can't find it. But 1 thought it did address Crossroads. Corrie: tt did. Kingsford: Well, there is one on Crossroads but there is also one on piping the Cresson Lateral, Waterbury Park No. 5. To Gary Smith, we received it October 3rd. \~ • Meridian City Council October 3, 1995 Page 18 feet higher than the elevation of the s#r~am as it exists. So, from my perspective it appears to me that we may be tampering with an natural drain to try to cover that pipe system. If we put that pipe in would it create a natiaral drain more to the south along towards where the fence and the back yards of the pROperty owners now are? Smith: Walt, Councilman Morrow, it certainly could. Especially if the flow in the ditch exceeded CFS. Because a 48 inch pipe- if the slope that the Cresson Lateral has will not carry any more than 40 CFS it is just the h~rdraulic calculations will not allow it to carry anymore than that. Obviously if you put m~xe head on it you could push more water through it to a point. That is a full pipetlbwing at the slope that the Creason Lateral has, naturally has right now is 40-CFS. J~tanother note, the Highway District requires a flood frequency or a design storm of 25 year frequency. Which will produce 175 CFS and the ten year storm was producing 75 CFS arhich is almost twice what the 40 CFS capacity of a 48 inch pipe is. 1 think another thin that came up at one of the past meetings was the down stream farmer Joe Simunich wl~ questioned the piping of that ditch because of the purpose that is serves right now and ttxat is as drainage as a drainage ditch. We saw the situation in Cherry Lane Village where they piped a drain with a solid pipe and raised the water level, water table level. So, I thiratc there is some peril involved in piping a ditch such as this. For years this ditch was considered the South Slough, it was so named the South Slough and the name alone to me in~ies a drain. Kingsford: Well, we have a motion and a sec~rtd, there was a lot of discussion. Withdraw the second? Corrie: I withdraw the motion. Kingsford: What is the Council's pleasure with regard to the request for a variance for piping. There are findings of fact first.. Morrow: Mr. Mayor I would move thatwe instruct the City Attomey to prepare findings of fact and conclusions of law for the Waterbury Park variance. Yerrington: Second Kingsford: Moved by Walt, second by flax to have the Attorney prepare findings of fact and conclusions of law for a variar~oe on piping of Waterbury Park No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED SEPTEMBER i9 t9~i: AMENDED FINDINGS OF FACT AND i • MERIDIAN CITY COUNCIL MEETING: OCTOBER 3 1995 _ APPLICANT: RAMON YORGASON ITEM NUMBER; 4 REQUEST; TABLED SEPTEMBER 19 1995• FINDNGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDMSION NO 5 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: COMMENTS ~`~~' J~~ ~~~ CI`' ~~~~ k\k s OTHER: All Materials presented at public meetings shall become property of the City of Meridian. .NGf, • '`' ~~' RUBBLE ENGINEERING, INC. ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 920 SURVEyOQ, October 2,1995 RECE/VED Mr. Gary Smith, P.E. O C ~ E` City of Meridian `' " " 33 E. Idaho Meridian, ID 83642 )ZE: Piping Creason Lateral at Waterbury Park No. 5 Dear Gary: We have met with John Anderson of Nampa-Meridian Irrigation District to resolve questions concerning the installation of 48 inch diameter pipe for the Creason Lateral along the north boundary of Waterbury Park No. 5. The major stumbling block to reaching agreement is the maximum discharge the Creason Lateral would carry during a flood event. We are concur that the irrigation district can control the Creason Lateral to their stated flow of 40 cfs during normal operating conditions. However, we strongly disagree with their argument of being able to control the flow during storm events. Therefore, we have calculated the 2-yeax, 10-year and 25-year events peak discharge for the six sq. mi. of uncontrolled watershed between the first upstream diversion point for the South Slough (Finch Lateral) and Meridian Road which lies east of Waterbury Park No. 5. See attached map. These flow rates are as follows: 2-year 13 cfs 10-year 75 cfs 25-year 185 cfs Nampa -Meridian Irrigation District is not able to control the runoff from this area by diversion or other means. The South Slough is passed under Meridian Road in a 60 inch diameter reinforced concrete pipe which has more than four feet of available head. The capacity of this culvert under Meridian Road is in excess of 150 cfs in this situation. As previously presented, the flow from the 5-Mile drain during a 10-year event is also in excess of the capacity of a 48 inch diameter pipe. k ~ • Mr. Gary Smith October 2, 1995 Page Two The irrigation district feels they can manipulate the check boards at the head structure for the Creason Lateral to control the flow. Federal regulations through the Federal Emergency Management Agency (FEMA) specify that all structures must be open and able to operate at capacity. FEMA regulations do not allow manipulation of structures to control or prevent flood flows and/or flooding. Our position is that a 48 inch diameter pipe is not adequate to pass the expected flood flows and that a variance should be allowed whereby the Creason Lateral would remain an open channel. Sincerely, Gene P. Smith, P.E. GPS/vw/2538.1tr enc. cc: Ramon Yorgason, Capital Development r: • '`' `~ RUBBLE ENGINEERING, INC. < 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9~0 SURVEyO~y October 2, 1995 RECE/VED Mr. Gary Smith, P.E. O C T ~ ~ ~ City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Piping Creason Lateral at Waterbury Park No. 5 Dear Gary: We have met with John Anderson of Nampa-Meridian Irrigation District to resolve questions concerning the installation of 48 inch diameter pipe for the Creason Lateral along the north boundary of Waterbury Pack No. 5. The major stumbling block to reaching agreement is the maximum discharge the Creason Lateral would carry during a flood event. We aze concur that the irrigation district can contain the Creason Lateral to their stated flow of 40 cfs during normal operating conditions. Hoso~oever, we strongly disagree with their argument of being able to control the flow during storm evearts. Therefore, we have calculated the 2-year, 10-year and 25-year events peak discharge for the six sq. mi. of uncontrolled watershed between the first upstream diversion point for the South Slough (Finch Lateral) and Meridian Road which lies east of Waterbury Park No. 5. See attached map_ These flow rates aae as follows: - 2-yeaz 13 cfs - 10-yeaz 75 cfs - 25-year 185 cfs Nampa - Meridian Iaigation District is not able to control the runoff from this azea by diversion or other means. The youth Slough is passed. under Meridian Road in a 60 inch diameter reinforced concrete pipe wh~h has more than four feet of available head. The capacity of this culvert under Meridian Road is iin excess of 150 cfs in this situation. As previously presented, the flow from the 5-Mile drain dua~g a 10-year event is also in excess of the capacity of a 48 inch diameter pipe. t ~ • Mr. Gary Smith October 2, 1995 Page Two The irrigation district feels they can manipulate the check boards at the head structure for the Creason Lateral to control the flow. Federal regulations through the Federal Emergency Management Agency (FEMA) specify that all structures must be open and able to operate at capacity. FEMA regulations do not allow manipulation of structures to control or prevent flood flows and/or flooding. Our position is that a 48 inch diameter pipe is not adequate to pass the expected flood flows and that a variance should be allowed whereby the Creason Lateral would remain an open channel. Sincerely, Gene P. Smith, P.E. GPS/vw/2538.1tr enc. cc: Ramon Yorgason, Capital Development i `~i Meridian City Council September 19, 1995 Page 3 ITEM #3: TABLED SEPTEMBER 5, 1995: CC&R'S FOR LOS ALAMITOS SUBDIVISION: Crookston: Same situation. Morrow: Same motion. Yerrington: Same second Kingsford: Moved by Walt, second by Max to table those CC&R's until the October 3rd meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED SEPTEMBER 5, 1995: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO. 5 BY RAMON YORGASON: Kingsford: t understand we received a letter requesting that be tabled am I correct? Entertain a motion to that effect. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the findings of fact and conclusions of law for a variance on Waterbury Park No. 5 until the next meeting October 3rd, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED SEPTEMBER 5, 1995: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR SALMON RAPIDS SUBDIVISION NO. 3 BY FARWEST DEVELOPERS: Kingsford: Has the Council reviewed that? ... Morrow: Mr. Mayor, I would move for a table on the issues concerning Salmon Rapids and Los Alamitos. I know that Salmon Rapids is the one in question here but there has been, other than receipt of a letter, there has been no meeting between yourself, myself, the City staff and the developer of Salmon Rapids. It appears to me that meeting needs to take place prior to any further movement of these subdivisions. My preference would be to see i • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 19 1895 APPLICANT: RAMON YORGASON ITEM NUMBER; 4 REQUEST; _ FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR WATERBURY PARK SUBDIVISION NO 5 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: 1 ,~ CITY FIRE DEPT: yU~ CITY BUILDING DEPT: "11.. MERIDIAN SCHOOL DISTRICT: ~ ~'h MERIDIAN POST OFFICE: ~/ ~~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: I ~~ CENTRAL DISTRICT HEALTH: NAMPAaMERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: X11 Materials presented at public meetings shall become property of the City of Meridian. SEP 19 '95 10~16AM~R PERIDIAN IRG • ~,., u SEP 1 9 1995 ~1TY ~~ i~l~Kli~ifl '1a ~ 7 ~t,~x ~a~a 1503 FIRST STRlS:i SOIITIi NAMPA, QAHO 83651.4395 FAX11208-886•d201 19 September 1995 Pfiones: au.o Code 208 OFFICE: Nvnpp xdd•78d1 Gary Smith, Cfty Engineer son. 343-less City of Meridian SHOP: Nompa 46d-Odd3 33 Bast Idaho Street Boles 345'2x31 Meridian, ID 83643 RE: Varianoe Request far Waterbury No. 5 Subdivision Dear Cary: Sruae (from your office) sent me a report generated by Brian Smith cf Hubble Engfne~drfng titled '~Calculationti for Piping Cresson Lateral for Waterbury No. S Subdivision~r Projeot ,~94-034-00. I reviewed the report and responded 1 Beptsmber 1995. The information that I reviewed included storm water calculations and what I bel~.eve to bIa a demanetratfon on how the engineers for this project peroefve Nampa & Meridian Irrigation Diatriat~s system fs operated. I would like to outline far you Nampa & Meridian irrigation Dititriat~ti operation of the Cresson Lateral. The Cresson Lateral is measured downstream from the head works structure which is located at the confluence of the Finch Lateral and the Cresson Fssder. The Cresson P'sader carries water Prom the Pivemile Drain. When the Nampa & Meridian Irrigation District wants to divert water into the treason Lateral from the Fivemile Drain, we have a check structure located downstream and to the west of the Creation Feeder. This check structure mast have boards planed in it to divert the water a>'s the water is faraed into the Cresson Feeder. In a storm of the magnitude of the one that is being used in the demonstration by Brian Smith, I can assure you that Chess boards would be removed and, therefore, na water would be forced into the feeder. One of the potential water tiourceti that wati mentioned by Brian Smith was the Flack Drain. I do not believe that I even want to address the Fiaok Drain as the aslount of water that comes into the Cresson Lateral from the Flask Drain is intiignifiaant. This is based an several years of gperatiotral experience. Page 1 at 2 APPRO70M~4TE IRItlCw4B1! AatlS BIV9t FLp4V IB9HT8 -23,000 BOISE PB0IECT igCIFRS -10,000 SEP 19 '~ 10~17AMA MERIDIAN IRG • P.3/3 19 September 1995 Gary Smith Page 2 of Z The last water source for the treason Lateral is the Finch Lateral whfah is a controlled facility. Tha Finch Lateral~x wain water enures is the Ridenbaugh Canal located off Maples Grove Road just north of Franklin Road fn Hoisa. Tha Finch Lateral doss gsnsrate some additional surface water but, in the cas• of a storm of great magnitude, the ersason Lateral has a check structure just below the confluence of the Cresson Faad~r and Finch Lateral fn whfah boards oan be planed. When this ohaak struetur• is activated it pushes the water directly down the Craason Feadar into the Fivamila Drain. thus regulating th4 flow into the Cresson Lateral. i do not believe water can even roach the Cresson Lateral in the magnitude disauased in this report. Tha Fineh Lateral hied a syphon placed in it for a road crossing west of this vicinity. This syphon is approximately 48 inches in diameter and the else was based on flow calculations provided by Hubble Engineering. In summary, Nampa & Meridian Irrigation District has owned and operated these faailitfes for well over 100 years. Wa have a currant staff that is very dedicated and they ;re capable of dealing with a variety of situations including rain storms during water delivery season. I do not believe that this important fast was given any consideration when the report was prepared. The total issue happens to ba, ~~is it possible to operate and maintain the Cresson Lateral in the vicinity of Waterbury No. 5 Subdivision with a 48 inch pipe and will the pipe run 2,000 inches?n In the brief di:cussion that I had this morning with the pistriat~s enginaar, Jahn Sharp, he ayraed that a 45 inch pipe should be morn than adequate to handle the flow of the Craason Lateral. Y believe that a 48 inch pipe would ba more than adequate and that it Should work quite well. If the pipeline is installed aaaordiriq to approved plans, Nampa & Meridian Irrigation District will assume all responsibility for the operation and maintenance. sincere, G~i John P. Anderson, Water Superintendent SPA/dnm aaa Fila Each Director Saoratary of the Board pan steensan John Sharp $rian smith, Hubble Enginaaring Rider #`4 SEP 19 '9S 10~16AMA MERIDIAN IRG • P•1i3 NAMPA ~ MERIDIAN Area Code 20$ IRRIGATIt~N DISTRICT Offioe: Boisea 3A3-1$$4 1603 Firot 8troet South Fax: 888-6201 Nampa, Idaho 836514395 Shop: Nampa 466-0683 Bolse 345-2431 FACSIMILE CaVER SHEET Date: ~~~ ~~ Numtaer of PapeB: (Not Includin0 cxaver sheet) Ptease deliver the fvllowing pages to: FRaM: SUBJECT• RIAMARKS: If ~u should have eny problems rgce}ving, plsatse call the office. Form ~ 10,28 FAX 3M b-2-86 RECEIVE SEP 1 9 1995 ~IDIAN CITY k'~ SEP-19-1995 10:22 NUBBLE ENGINEERING 1 208 378 0329 P.02/02 ENGI~y • • ``J~v FF9~ NUBBLE ENGINEERING, INC. `~ ti 9550 Bethel Court ^ Boise. Idaho 83709 2081322.8992 ^ Fax 2081378-0329 September 19, 1995 Mr. Will Berg Meridian City Clerk City of Meridian 33 E. Idaho ~1ve. Meridian, YD 83642 1tE: Waterbury Park No. 5 VIA FACSYMILE: 887-4813 ~~~~~ SEP191995 t;1TY ~~ nn~l~~i~rA, Dear Will: Please accept ibis request to table item No. 4 on tonight's Cily Council agenda. We request this action to a11ow additional time to coordinate with Nampa Meridian Imgation District. 'fharil: you for your consideration. Sincerely, Gene P. Smith, P.E. Sr. Project Manager GPS/bh/1032.1tr cc: Gary Smith, P.E. SEP 19 '95 10:19 1 208 3?8 0329 TOTAL P.02 PAGE.02 ** TX CONFIRMA~ REPORT ** AS OF SEP 19 '9~~37 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 07 09119 10 36 1 208 378 0329 5EP 39 '95 10r16~1 MFlhPR 11FRIDIHH IRG 19 September 1999 ~~~~ ~~ SEP 1 9 1995 CITY Ur t~ICKIUlA~ ~ d ~~ ~a~o~ Y~oar~et ~soa iutsr stw~r soun~ ruw~va ta-+o es6si•as9s iAX a 2DB-BB&A701 Pleonee: NeoCode~06 Cary smith, city Enginoor City of Meridian 3~ Sast Idaho street Naridian, ID 83642 OiiICE: ~+~ao dbb-7861 Doles 5~9-188d stag Nompo 166-0663 Boiw 915.24,11 RH: Varianoa Itoqusst !or ~iaterbury No. 3 Subdivision Dear Cary: Brune (ireaa your office) wont ma a soport generated by Brian smith of Hubble Sn$inesring titled 'lcaleulatiens for Pipl3tq Croaeon Latoral for Natorbury No. s eubdiviaienlr Projeot x`94-03400. I reviewed the rQport and responded i Beptambor 1995. Tho information that I raviaaed lnoluded storm water calculations and what i believe to be a aamonatration on haw the engineers !or this project perceive Nemps i Meridian Irrigation District+s aysCam fa opsratad. i would iiko to outline for you Nampa Z Haridian Irrlgation District+B operation of the Creation Lateral. The Cresson lateral ie measured downstream tram the head aorks structure which ie boated at thm oonlluenca of the 3linoh Lateral and the Cresson Faoder. The treason desdar carries water from tko Fiveasilo Drain. When the Nampa i Meridian Irrigation Distriat manta to divert eater into the Creation Lateral from the Fivemila Drain, ao have a check etructur® located doanetrea~a and tv the nest of the treason Feeder. This vhock structure must have boards plaood in it to divert the eater at the water is broad into the Croaoon !'aodsr. In a storm o! the magnitude o! ttfe one that is being aced in tllo damonstzation by Brian Smith, I can assure you that these boards would ba removed and, therefore, no aster would b. foscad into the lasdes. One o! the potential water sources that wne mentioned by Brian b7aith was the Flack Drain. I do not believe that I even want to add3:ees the Flack Drain as the aalouht oP water that Domes fhto the Croa~aon Lateral !ro>wl the Flack Drain iti intiignifioent. This ie based on savoral years o! operational a3cparionee. Page 1 of 2 uvltomw-tE aMGa11lE AO~9 a~ca now aoMe • I6p6D ~olzrooavna-rta • 4oabo post it' Fax Note 7671 °a~ r/ 919s' P,~- Tp - From C ePl• Co. Phone tl Phone # Fdxs 3'~5.-63Z~ Rex. MODE MINiSEC PGS CMDtt STATUS EC--S 00'46" 002 154 OK r ~ ` ~ ~ • Meridian City Council August 15, 1995 Page 2 would be appropriate then to come back. I think it might be resolved by late September. Or excuse me a date in October for City Council meeting. Kingsford: The 17th? Forrey: That would be fine. Yerrington: I make the motion to table both items until that date. Tolsma: Second Kingsford: Moved by Max, second by Ron to table items 1 & 2 the Bews annexation until October 17th meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED AUGUST 1, 1995: RESOLUTION #161 -PICNIC SHELTER RESERVATION FEES: Kingsford: A RESOLUTION OF THE CITY OF MERIDIAN PROVIDING FOR A FEE FOR RESERVATION OF AND USE OF MERIDIAN PARK PICNIC SHELTERS; AND PROVIDING AN EFFECTIVE DATE. Council deemed that it would be a good idea to set a fee for reserving a covered picnic area. That set that up as $10. Does the Council have any discussion on that? You have your copy is it your desire to approve Resolution #161 ? Morrow: So moved Cowie: Second Kingsford: Moved by Walt, second by Bob to approve Resolution #161, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: At this time I would like to deviate ftom the agenda just slightly and to make an appointment and swear in a new police officer. I Grant Kingsford, Mayor of the City of Meridian do hereby appoint Eric Strolberg as a police officer and require that he take an oath subscribed to the Idaho Code 31-2007. Sn Eric if you would come forward, we will get you sworn in and on the street. (Inaudible) ITEM #4: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR WATERBURY PARK Meridian City Council August 15, 1995 Page 3 SUBDIVISION N0. 5 BY RAMON YORGASON: Kingsford: At this time I will open that public hearing and invite Mr. Yorgason or his designee to speak first. Gene Smith, 9550 Bethel Court, Boise, was sworn by the City Attorney. Smith: Mr. Mayor, members of the Council, in March of this year I cam before you with a revised preliminary plat for Waterbury Park No. 5 subdivision. At that time that preliminary plat was approved, however, there was one question that was raised concerning that plat by one of the neighbors that was the piping of the Creason Lateral. The Creason Lateral is this ditch that runs across the north end of the project. We (inaudible) kind of outlined what happens around the surrounding Waterbury Park No. 5 and how this Creason Lateral receives its water. The Creason Lateral begins at our northeast property corner and it runs to the west. It is fed by Finch Creek from the east it is also fed by Creason feeder coming up from the south. We had previously estimated what size of pipe that would be in order to pipe this portion of the Creason lateral. and had estimated it to be in excess of 48 inch therefore we had not intended on piping it. We advised at that time of the preliminary plat approval that we would still have to come before you to make a formal request for a variance to receive a waiver from piping that, therefore that is why I am here this evening. As I mentioned, previously, we had piped the Creason feeder with a 48 inch diameter pipe. In addition to that the Finch Lateral (inaudible) has a potential of flowing 40 CFS. We were also required to design the Creason feeder also 40 CFS. There is a little drain coming down here from Ustick which we have calculated to have approximately 4 CFS it is a minor flow. So at this point right here we have potential of from those three sources of receiving 84 CFS across that Creason that portion of the Creason Lateral. That 84 CFS would require a 66 inch diameter pipe and in addition to that we have also had Paul Coons, Coons Engineering evaluate what happens during the different storm events in this area. He calculated or he ran models anyway for the 10 year, the 50 year and the 100 year event for Five Mile Drain. What happens on this Creason feeder that pipe is essentially flat so they have the opportunity, they Nampa Meridian, has the opportunity to either feed water from the south out of Five Mile into the Creason Lateral or up the Finch Lateral south through this feeder pipe back into the Five Mile. So, at specific points in time there could be a possibility of 40 CFS coming from the east. We get a 10 year storm which could happen once a year, it could happen once every 10 years. It is a 10°i6 chance of happening in any one year. With that event this pipe here could receive an additional 20 CFS so now we not only have 84 but we have 104 CFS that the ditch could possibly see in a 10 year event storm. Based on that 104 CFS that pipe would now be required to be a 72 inch diameter pipe. We took a look this past week as what would, the fact that there is actually water running in all of these ditches. I would like to pass these photos out to you. I'll just review those with you briefly, here coming under Meridian Road, east of us, C~ Meridian City Council August 15, 1995 Page 4 • photo #1, there is a 60 inch concrete culvert underneath Meridian Road. This first photo was taken 2 days ago, it shows what the amount of water was at that point in time. You can also see high water marks on that pipe therefore it is pretty obvious that pipe has canted and has the potential of carrying in excess of the 48 inch capacity. Photo #2 was taken here on the Finch looking towards the West, towards our confluence of the Creason feeder. Kingsford: With that in mind Mr. Smith, how many CFS would that open ditch handle before it flooded? Smith: We have not calculated that, I can't answer that. Photo #3 is the south end of the Creason feeder at this location. You can see two days ago that water was within I believe it was six inches of the top of that 48 inch diameter pipe. The water was flowing to the north. In addition to the water coming from the east. The fourth photo here is looking just past the confluence of the Creason Lateral or the Finch Lateral and the Creason feeder. I believe the engineering department has reviewed our calculations which back up these numbers and I will be glad to address any questions you have. Kingsford: Questions of the Council? Morrow: I have one question, has Nampa Meridian, I noticed in their letter that is in our packet as of the 26th of July, they have not received any figures or any calculations to determine what size pipe it was going to take. Has Nampa Meridian since been provided that information? And have they drawn the same conclusion? Smith: Nampa Meridian provided us with the flow quantities and to answer your question directly the requirement for piping this Creason Lateral is a requirement of the City of Meridian not of Nampa Meridian Irrigation District. Therefore at this time we were not requesting their review of any calculations. I don't know whether or not engineering requested their review of those calculations. I know engineering reviewed our calculations. Morrow: Alright, to quote Mr. Hanson who is the Assistant Water Superintendent, his last comment is, "Nampa Meridian Irrigation District needs to review the calculations to determine whether a 48 inch pipe will be adequate. The request for a variance to piping the Creason Lateral may be premature." Those are his comments or a portion of his comments as of the 26th of July. Smith: We received those comments I believe on Friday if not Monday of this week. I have not directly spoken with him. We have calculated those, we staked our professional opinion on those. I don't believe Mr. Hanson has a license in house, I believe they have to go out to another engineering firm in order to get that same professional opinion. . ~ • • Meridian City Council August 15, 1995 Page 5 Morrow: I understand that. Kingsford: He states earlier too that the maximum flows that they show in there are 2,000 minor inches or 40 CFS in Creason. Smith: That is correct and that is the number that they gave us here for the Finch Lateral. Kingsford: He is saying though in the Creason. Smith: Again if this is totally shut off supposedly that is all the water that can get in. As evidenced by those photos that pipe is not shut off. Kingsford: Any other questions? Thank you, anyone else from the public that would like to offer testimony on this issue? Joe Simunich, 955 West Ustick Road, was sworn by the City Attorney. Simunich: Like I said live on Ustick Road and this Creason Lateral goes through our property for about 700 feet. This property that they are talking about piping is east of us, also about 600 to 700 feet long. If you notice this Creason Lateral, South Slough or Fisher Drain I think he called it and the Creason Feeder and the flat drain all put water into this. All the way from Meridian Road to Linder Road this is more of a creek rather than an irrigation ditch. They gather the water in this in the South Slough and the Creason Lateral and elevate it up near Linder road and then it continues to it becomes an irrigation ditch down towards Ten Mile and Black Cat Road. Also, had the sewer line put through our place and during the event of the sewer the, after the sewer was installed the water began backing up because it had no place to drain, it was blocked by the sewer line installation. If this pipe is also put in along this Creason feeder from say Venable Lane to eventually Linder Road we are going to be down and stopping natural flows of ground water that comes into this Creason Lateral as they call it. To me it is a creek bottom that is used to convey water by Nampa Meridian to an area near Linder Road where it becomes an irrigation ditch. So I think before any decisions are made there should be some eengineering done as to whether this should be a perforated pipe so it can drain these lands as you all know we have a high water table here in Meridian. I can dig a post hole on one day and irrigate 3 days later and that water comes within 18 inches. So this water has to have a place to go and if we start blocking off all of these drains, creeks with pipes eventually we are going to elevate the water table on the north side of Meridian or anyplace these pipes are installed. So I think that somebody should take a good look at this. Thank you Kingsford: Any questions for Mr. Simunich? Anyone else from the public? Seeing none • • Meridian City Council August 15, 1995 Page 6 I will close that public hearing. Council members, are you prepared to take action? Tolsma: I want to ask Gary a question, Gary that, what Bruce Freckleton wrote in there, was that based on his calculations or from Nampa Meridian Irrigation or a combination of all? Eng. Smith: It is based on a review of the. information that was provided to us by the applicant. Tolsma: And he recommends then or calculates the 72 inch pipe as what is needed. Eng. Smith: We agree with the information that has been presented to us. As far as the calculations there they support the size of the pipe, the information that the applicant has provided to us. We did not go out and research the project on our own, gather information ourselves. Tolsma: That is all. Yerrington: Mr. Mayor, I have one comment, I took, I went out and measured it. The water is 32 inches deep out near this property and it is roughly 8 feet wide. Now, if there is anyway in Christ's world you can get that in a 48 inch pipe, so I am sure it is quite a bit larger than 48 inches. Kingsford: You weren't able to jump across it then is that what you are telling us? You had a comment Walt? Morrow: My only comment was that I was going to move to instruct the City Attorney to prepare findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare findings and conclusions on the variance request for Waterbury Park Subdivision No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: WATERBURY PARK SUBDIVISION NO. 5, 52 LOTS BY RAMON YORGASON: TABLED AUGUST 1, 1995: Kingsford: Does Council have questions of the applicant or the engineer or staff? • MERIDIAN CITY COUNCIL MEETING: AUGUST 15.1885 APPLICANT: RAMON YORGASON ITEM NUMBER; 4 ~ 5 REQUEST; VARIANCE REQUEST FOR WATERBURY PARK SUBDNISK)N NO. S FINAL PLAT TABLED AUGUST 1.1995 AGNY 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: COMMENTS SEE ATTACHED COMMENTS C/ "REVIEWED" SEE ATTACHED COMM (" ~~~ ti, w (~ ~j ~~ ~~ L ~~ ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: X11 Materials presented at public meetings shall become property of the City of Meridian. 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. HINGSFORD MEMORANDUM: Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: WATERBURY PARK SUBDIVISION NO. 5 (Request for Variance to Tiling Requirement) 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 August 7, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. On July 25, 1995 hydraulic calculations for the Creason Lateral were delivered to our office for review. These calculations indicate that a pipe greater than 48" diameter would be required to transport the anticipated flows generated from three contributing sources during a 10 year flood event. Information contained in the report was compiled from field surveying, Nampa & Meridian Irrigation Dist. and from a FEMA Flood Study performed by Kunz Engineering. The calculations exhibit a necessity for a pipe of 72" in diameter to adequately carry the anticipated flows. C: \WPWIN60\GF.NERAL\WBRYSVAR. C-C OFFICIALS WILLIAM O. BERG, Jr., Clry Clerk JANICE L OASS, CIry Treasurer OARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. 8HAWCROFT, Wasts Water Supt. OENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Flro Chief W. L "BILL" (iORDON, Police Chief WAYNE O. CROOKSTON, JR., Attorney • HUB OFTREASURE VALLEY • A Good Plan to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Worka/Building Department (Z08) 887-2211 GRANT P. KINGSFORD tay~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRIN(iTON ROBERT D. CORRIE WALT W. MORROW P i Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM 8NEARER CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 8, 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8/15/95 REQUEST: Variance Request for Waterbury Park Subdivision No. 5 BY: Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridian Road JIM JOHNSON, P2 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATI (P ELIM 8 FINAL PLAT) CITY FlLES n OTHER: d" YOUR CONCISE REMARKS: RECEIVED J U ~ ~ 81995 C~tTY OF ~F~1DUN OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, CHy Treasuror GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUARf, Water Works Supt. JOHN T. SHAWCROFT, Wsets Water Supt. DENNIS J. SUMMERS, Parke Supt. SHARI S. STILES, P ti Z Adm. KENNETH W. BOWERS, FIroChlef W. L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attomsy HUB OF TREASURE VALLEY A Good Place to Live CITY OF MEFLIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE wALrw. MORROW P ti Z COMMI8810N JIM JOHNSON, Chairman MOE AUDJANI JIM SNEAKER CHARUEROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Auau~, 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8/15/95 REQUEST: Variance Request for Waterbury Park Subdivision No. 5 BY: Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridian Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES r~ OTHER: /''~ ~` ~~~ YOUR CONCISE REMARKS: ~'i12G ~'2•t/J OMB pnJvc WiL ~.2 ~- ' ~e ~ f0 ~ ~ Gv .2 ~ s G u.1~ .1U~~5 199 CENTRAL CEI~tAL DISTRICT HEALTH DEPAR~IENT •• DISTRICT Environmental Health Division ~ ^ ^ HEALTH Return to: ~s ~, ,. f: ,< ~. `'+~s ~s x...i- ^ Boise DEPARTMENT ^ Eagle Rezone # ^ Garden city Conditional Use # Preliminary /Final /Short Plat >~~~~~ ~~ ,.~z i< .. I ^ Kuna ^ Acz Nb ~S ~- I. We have No Objections to this Proposal D2 CON1M~~/ ^ 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ I4. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: ~ / ~ / ~~ Reviewed By: CDHD ID/91 ~~, rev. I/95 Review eet OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GABS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T.8HAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P 3 2 Adm. KENNETH W. BOWERS, Flro Chief W. L. "BILL" GORDON, Polies Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MEI~IDI,~4N 33 EAST IDAHO ~° ~~~On ~~® MERIDIAN, IDAHO 83642 V Phone (208) 888433 • FAX (208) 887813 ry r Public Works/Building Department (208)887-2211 L p .I t1 I. 1995 GRANT P. KINGSFORD NAMPA & MERIDIAN ~'IaS'Or IRRIGATION DISTRICT COUNCIL MEMBER8 RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM 8HEARER CHARLIE ROUNTREE TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 8. 1995 TRANSMITTAL DATE: 7/24/95 HEARING DATE: 8/15!95 REQUEST: Variance Request for Waterbury Park Subdivision No. 5 BY: Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick Road and West of Meridian Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH -GRANT KINGSFORD, MAYO R NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8 FINAL P!.AT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: amps & Me r i i an Irrigation POLICE DEPARTMENT District's Cresson Latera ows at t e maximum of CITY ATTORNEY 2, miners inc es or F To my knowledge, we CITY ENGINEER have not seen or reviewed the f ow calculations that CITY PLANNER were used to determine that 48 pipe which the City o~ITeridian requests) will r not work. Nampa & Meridian Irrigation District needs to review t e ca culations to determine whether 48 pipe will be adequate. The request for variance on the piping of the Cresson Lateral may be premature. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District pc: District Water Superintendent RECEIVED Rider 4 AUG - 71995 CITY OF A~ERIDIAN HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer P.E., City Engineer GARY D. SMITH CITY OF MERIDIAN MA><YERRINGTON ROBERT D. CORRIE , WALT W. MORROW BRUCE D. STUART, Water Works Supt JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO p S Z COMMISSION DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P & Z Adm. MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE AUDJANI KENNETH W. BOWERS, Flre Chiat Public Worlcs/Building Deparanent (208) 887-2211 JIM SHEARER W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivets License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Shan es, Planning & Zoning Administrator DATE: August 15, 1995 SUBJECT: Council Meeting of August 15, 1995 The following are my recommendations for the items on the agenda tonight: Item 1 - Bews Annexation and Zoning -This item should be tabled as ACHD has still not received or acted on a traffic study for the new configuration submitted (L-O park). In addition, the School District has expressed an interest in the L-O park site as a new high school -site, but I have heard nothing from the Applicant on further development of that concept. A development agreement is required as a condition of annexation. Item 2 - Bews Conditional Use Permit -Same as Item 1, plus the fact that the information submitted for a conditional use permit is incomplete and does not meet the requirements of Section 11-9-607 of the Zoning and Development Ordinance. Item 3 No comment. Item 4 - Waterbury Park No. S Variance -The public hearing for a variaace on tiling the Cresson Lateral needs to be held and Findings of Fact/Conclusions of Law ordered if sufficient information is available at this time. From a visit to the site today, it seems that a 48" pipe would not accommodate the flow through this lateral. Item 5 - Waterbury Park No. 5 Preliminary Plat -This item should be tabled to wait for FF/CL on the variance and to ensure roadway alignment issues are worked out with Jce Simunich. The stub street to the west has been. moved from the north to the south. Item 6 - Lake at Cherry Lane Nos. 5 & 6 - If no new FF/CL are required as a result of public testimony given tonight, I would recommend that the request for annexation and zoning to R-4, $`$ and R-15 be approved and that an ordinance be prepared. Council will hold public hearing on plats ~ ~ ~' ~ ~~ ~ ~" ~~ boy Concrete culvert under Meridian Road facing west. d'`~ ~~ 1. 2. Finch Lateral upstream of confluence facing west. r~ C~i~,~cG 3. 48" CMP - Creason Feeder south end - facing north 4. N. end Creason Feeder at confluence with Finch Lateral facing west