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HomeMy WebLinkAboutBuilders Masonry Products VARIVILLIAM 6. 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 0 HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887.4x23 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: January 28, 1997 TRANSMITTAL DATE: 1/20/97 HEARING DATE: 2/4/97 REQUEST: Variance for Builders Masonry Products BY: Builders Masonry Products LOCATION OF PROPERTY OR PROJECT: 1300 East Franklin Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 _ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C _CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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(PRELNA & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RECEIVED CITY OF MERIDIAN DEC 3 0 1996 33 East Idaho Street, Meridian, ID 83642 CITY OFMWDIAN VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME aild2rs MnJ3 et P1aoe/ a±1dars MaL- m Pmts Phone: 0081888-40 0 (Owner or holder of valid option) ADDRESS: 1300 East Franklin, Meridian, Idaho 83642 GENERAL LOCATION: 0.35 Mile West of North Locust Grove on Franklin Road LEGAL DESCRIPTION OF PROPERTY:_SEY4, sec -07. T 3N. RIE -(Parcel #51107449110 PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: I -L VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City 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 pafcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: RarniP�t i -n Tam; uA ural-ar i i nL. extension SIGNATURE: - CITY COUNCIL RECORDS Date Received City Council Hearing Date Received by • • Builders Marketplace Inc./Builders Masonry Products Request For Variance From the To and Through Ordinance 1) Address of Subject Property: 1300 East Franklin Road Meridian, Idaho 83642 2) Applicant: 3) 4) Ms Stephanie Churchman 1300 East Franklin Road Meridian, Idaho Phone No. (208) 888-4050 Names and Addresses of Owners of Subject Properties Stephanie Churchman 1300 East Franklin Meridian, Idaho 83642 (208) 888-4050 Joe Smith 1300 East Franklin Meridian, Idaho 83642 (208) 888-4050 Mark Smith 1300 East Franklin Meridian, Idaho 83642 (208) 888-4050 Eric Smith 1300 East Franklin Meridian, Idaho 83642 (208) 888-4050 Builders Masonry Products/Builders Marketplace Inc. is the current owner of the subject property. See attached Warranty Deed. 5) Parcel # S1107449110 Sec 7 3N, RIE Inst. # 8734540 6) The property is currently used for the manufacture of concrete masonry products with a small retail office space and warehouse storage area. Manufactured masonry products are stored on site until sold. 7) The intended use of the property will remain the same as described in #6 above. Builders Masonry Products Variance Waiver Request Page 1 • • 8) The site has been annexed by the City of Meridian. Builders Masonry Products is proposing to connection to the City of Meridian Sewer System. Builders Masonry Products has been in discussions with the City of Meridian Sewer District personnel in regards to pretreatment requirements. 9) See attached Assessor Office drawings (scale 1 inch = 200 feet). 10) No building construction is proposed. 11) See Table 1 for a list of area property owners. 12) The block plant is located approximately 900 feet north of Franklin Road. The cost to extend the water main 663 feet past the front of the property to comply with the "to and through" ordinance does not benefit the site. The justification to connect the site to City water to monitor flows to the City sewer system does not fit with the site operations. The primary use of water on-site is for concrete batching. Concrete batching equipment is cleaned by scrapping and chipping; no wash water is used. As a result, a much smaller volume of water would be discharged to the sewer system than supplied to the site by the City potable water system. The block plant contains one small restroom facility. The retail and warehouse facility along the south end of the site contains restroom facilities. The site contains an on-site potable water well that is in good operation. A monthly sewer fee could be calculated based upon fixture counts and estimated flows from the floor drains. 13) The City Council needs to waive the need to extend the water line along Franklin Road and the requirement to hook to City water in order to obtain City sewer. 14) The extension of the water line would result in a disruption of traffic along Franklin and access into Builders Masonry Products. The potable water metering is not a reasonable method for calculating sewer fees for a concrete block manufacturing facility. Sewer fees would be excessive if based upon metered water usage at the site. The capital investment made for an on-site potable water system would be non -beneficial, but costs would remain. 15) The manufacturing of masonry products at the site is unique. The use of treated municipal water for the batching of concrete would place an extra unnecessary burden on the City of Meridian water system when ample well water is available at the concrete block plant. See #12 above. 16) The site manufacturing activities consume a large amount of water that is not discharged to the sanitary sewer. Site manufacturing activities are relatively unique to the City of Meridian annexation area. Capital investments have already been made for an on-site potable water system. Builders Masonry Products Variance Waiver Request Page 2 IPL 17) Connecting the Block Plant to the City of Meridian sewer system best serves the long term groundwater quality interests of the City of Meridian. Waste streams would be treated by the municipal treatment plant using a controlled treatment process. The sewer treatment plant has strict effluent discharged guidelines. 18) The requirement of the "to and through" ordinance does not benefit Builders Masonry Products. The site has an adequate supply of potable water. The ordinance deprives property owners of their rights to use existing infrastructure systems after investing considerable capital expense at the sites. To be forced to connect to municipal water does not serve any apparent public need if property owners have approved potable water systems already in place. Builders Masonry Products did not have any control over the passage of the "to and through" ordinance which requires that municipal water lines be extended for the full length private property frontage, even in the event of no benefital gain to the property owner. When compared to the standard hook-up fee for a sewer connection, the costs to extend a water main for the full length of one's private property are disproportionate and unreasonable especially when the water is not needed. Builders Masonry Products could not control annexation by the City of Meridian. 19) A waiver from this ordinate should be reviewed on a case by case basis by the City of Meridian for all property owners. Property owners with developed sites should be given the same consideration. 20) The variance does not compromise the Meridian Comprehensive Plan. The "to and through" ordinate results in municipal water lines being extended at the cost of private property owners, regardless if the property is already developed or not. A more equitable approach may be for the City of Meridian to assess development impact fees. The proposed waiver does not limit the extension of the water line at some time in the future. 21) The application and fee is attached. 22) Builders Masonry Products would benefit from the connection to the City of Meridian Sewer system. The sewer connection would allow the site to discharge industrial and sanitary waste streams to the City of Meridian sewer system for treatment. The facility is prepared to pay the sewer connection fees and monthly invoices for the service. By contrast, there are no benefits to Builders Masonry Products to extend the potable water line along the frontage of Franklin Road. The site will not profit by having the water line extended. The variance will allow the best practical treatment of waste water and provide a more reasonable method to determine sewer flows. 23) Builders Masonry Products agrees to post the site in accordance with the requirements of the City of Meridian. Builders Masonry Products Variance Waiver Request Page 3 W-7 vK 3 31 2 Project Site —77L Z7 7- z z rz;7 17. (e) 551 :a L centurywest ENGINEE-RING CORP09ATICN 5257 FAIRVIEW AVE. SUrr-- 260 BOISE, 11) 83706 FIGURE I VICINITY MAP Builders Masonry Products 1300 East Franklin Road Meridian, Idaho DATE: 09/20!96 I C?,EAT-zD3Y:MAL I REVIEWED I PROJECT $: 50031-401-Ot I CONCRETE ��� ♦ DRAIN PIPE DRAIN PIPE \ ROAD OUTFALL 001 r -VANS ORAINAg.E DITCH BERM \ SILOS � BERM I' RAILROAD \ SPUR El0 GO�"VD �` � SHED CONVEYOR GRAVEL 1@UILOING i SURFACE DROP INLET I + + �I LIMITS OF + BASIN #1 _$J I, I' +a II w 0 I o LEGEND .I C3 DROP INLET II ----- DRAIN PIPE BASIN BOUNDARY II DIRECTION OF I� SURFACE FLOW WAREHOUSE i I� +I i II II + i DROP INL: +h---- 4b ;// centurywest ENGINEERING CORPORATICN 3257 FHRMEW AVENUE SWE 360 BOSSE. +OAtq 33706 BASIN 02 it \\ 6'0 CMP _I+ CNN BLOCK PLANT p TRUCK `HASH I rN 9} \ l ABOVE GROUND FUEL TANK / WITH CONTAINMENT ASPHALT PAVEMENT 1 BASIN #1 i r FENCE II AND GATE OFFICE c� Oa wZ jw QY PAVED as 2' v Q PARKING 0 a CO I LANDSCAPED — - FRANKLIN ROAD BERM 11 DROP INLET '1;0# LIMIT #2 II 6'g CMP , k� I+ \\ f I+ o GRAVEL li SURFACE '+ cc ,I IL i` I I� I� I� VEGETATED I' AREA I, i� RGURE 2 - SfT'E PLAN �s o �s !!M 22s 30o BUILDERS MASOPIRY PRODUCTS FEET 1300 EAST FP,*IKLIN ROAD SC's T _1W MERIDIAN, IDAHO DATE: 09-24-96 I ORA-elN BY: WNW, FLM I REVIEWED B.� I PROJECT NUMBER: 50031.001.Ot Y. 8'734540 W A R R A N T Y D E E D FOR VALUE RECEIVED, PUMICE PRODUCTS COMPANY and WHOLESALERS, INC., Idaho corporations, Grantors, do hereby grant, bargain, sell and convey ur`,) BUILDERS MARKETPLACE INC., an Idaho corporation, whose current address is 909 Wyndemere Drive, Boise, Idaho, the following described premises in Ada County, Idaho, to— wit: (See Exhibit A attached.) Together with all and singular the tenements, h-.reditaments and appurtenances thereunto belonging or in anywise appertaining. Subject to all easements, rights of way, restrictions and reservations of record or appearing on the land. TO HAVE AND TO HOLD the said premises with their appurtenances unto the said Grantee, its successors and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee, that they are the owners in fee simple of said premises; that said premises are free from all encumbrances, and that it will warrant and defend the same from all lawful claims whatsoever. ! Dated this —`day of June, 1987. PUMICE PRGDUCTS COMPANY By: ATTEST: ATTEST-. is ( By A 0 STATE OF IDAHO ) ss. County of Ada ) On this ,/0,-aL day of June, 1987, before me the undersigned, rzNota ublic in and for said State, personally appeared ''-.c.2 and , President and Gee et rl of PUMIC PRODUCTS COMPANY, known to me to be the persons whose names are subscribed to the within instrument and acknoweldged to me that they executed the same for and on behalf of said corporation. `,,,'1'�"� • ,,, , •., IN WITNESS e' •m-V'oi�icial seal T L STATE OF IDAHO County of Ada WHEREOF, I have hereunto set my hand and affixed the day and year Dithis certificate first above NOTARY PUBLIC FOR IDAHO Residence : All, My Commission expires: ./.9��.... ...... ss. On this day of June, 1987, before me the undersigned, No Public in. and for said State, personally appeared E'SA and , President ` f WHOL�RS, INC., known to me to be the persons whose names are subscribed to the within instrument and acknoweldged to me that they executed the same for and on behalf of said corporation. 010""I'llft �•,,, IN WITNESS .71 ficial seal - w i2,i,` �-- WHEREOF,; I have hereunto set my hand and affixed the day and year this certificate first above NOTARY PU3LIC FOR ID HO Residence:�vr.\'- �J U My Commission expires: ,',,'�r4 Hrril lllr 1/11\ ........... Mail Deed To- PAnEL I ':test half, excepting the South 460 feet ther:of, of the Southeast quarter of the Southeast quarter, Section 7, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, and excepting -the railroad right of way executed by Isaac It. Pfost to the Idaho Central Railway Company, recorded in Book 12 of Deeds, page 417, records of Ada County, Idaho. PAROL II Part of the Southeast quarter of Section 7, Towmhip 3 North, Range 1 East, Boise Keridiar,, Ada Co=ty, Idaho, more particularly described as follows: Cowe—racing at the vection corner co=on to Sections 7, 8, 17 and 18, Township 3 North, Range i East, Boise 'Seridian; thence Soe,.h 89*17130" West along the South section line of Section 7 a distance of 1327.28 feet to a point; tberca riorth 0'32'20° East 896.34 feet to the POINT T BEGINNING; thence on a curve to the left whose central angle is 20'011, whose radius is 441.28 feet, diose length is 161,.87 feet, whose taogent is 81.85 feet and chose long chord bear's Horth l0°281100 Rest 160.96 feet; thence -North 20'581400 Kest 0.60 -feet -rto -a point,-thesce on a cm -re #o the left those central angle is 39'011351, those radius is 430.56 feet, whose length is 293.,27 feet, those tadngent is 152.58 feet and td-.ose long chord bears North 400291270 Fest 287.63 feet to a point on the south right of dray of t�e Wion Pacific Railroad; thence along said South right of %ay South 88'581030 East 216.52 feet to a point; thence leaving said South _ ri �ht of tray South 0 OZ'20' best 373.69 feet to the POINT ff 6EOIWI1'=^ PARCEL I I I The South 460 feet of t.1 -c- West half of the Southeast quarter of the Southeast quarter in Section 7, Township 3 „ rth, Range 1 East of the Boise Vidian, Ada County, Id&.o. Ada County, Idaho Ss Requw of PIONEERECD. TIME !fJ q ht DATE_ _ Jo��BASTIDA� 7 Deputy (:�V 0 I LX' I33IT Table 1 1 MAILING ADDRESSES WITHIN 300 FEET OF PROPERTY Parcel Number Location From Property Property Address R5672030170 West Meridian Industrial Park P.O. Box 8204 Boise, Idaho 82707 R5672030190 West Meridian Industrial Park Butterfield D H & J L Trustees P.O. Box 8204 Boise, Idaho 82707 R5672030210 West Meridian Industrial Park P.O. Box 8204 Boise, Idaho 83707 R5672030230 West Meridian Business Park P.O. Box 8204 Boise, Idaho 83707 R5672030250 West Youd, Roger & Linda K 1945 Mayflower Way Meridian, Idaho 83642 R5672030270 West Meridian Industrial Park P.O. Box 8204 Boise, Idaho 83707 R5672030290 West Meridian Industrial Park P.O. Box 8204 Boise, Idaho 83707 R5672030310 West Meridian Industrial Park P.O. Box 8204 Boise, Idaho 83707 R6576000938 Northwest McKague, Paul W. & Shirley J. 933 East Pine Ave. Meridian, Idaho 83642 R6576000805 Northwest Peterson, Gerald R. & Shirley A. 935 East Pine Ave. Meridian, Idaho 83642 1 R6576000950 S1107417815 S1107417212 S1107449998 51118110020 S1118110300 S1118110450 S1118120650 S1118120605 S1118120660 North North Northeast East Southeast Southeast South Southwest Southwest Southwest FA • Peterson, Gerald R. & Shirley A. 935 East Pine Ave. Meridian, Idaho 83642 Bedelco Inc. 9530 West Halstead Drive Boise, Idaho 83704 Railside Development Inc. 4414 Gekeler Lane Boise, Idaho 83716 Berry, Arthur J. & Tamura, Douglas 906 Broadway Ave. Boise, Idaho 83706 McClure, Monte C. & Beverly J. 1475 East Franklin Road Meridian, Idaho 83625 Properties West Inc. 1401 Shoeline Drive Boise, Idaho 83702 Properties West Inc. 1401 Shoeline Drive Boise, Idaho 83702 AMYX Builder Inc. and AMYX, James M. 10285 West Alliance St. Boise, Idaho 83704 States, Mary Ann & Rivers Leroy Life Estate 1175 East Franklin Road Meridian, Idaho 83642 Lile, Johnny Dean & Practeria Ann 1095 East Franklin Road Meridian, Idaho 83642 PFMDO96 M p, 91T E R U P D A T E Parcel R5672030170 Code Area 03 Type Qt Name MERIDIAN INDUSTRIAL PARK— 22� 1.441 C� er • 12/16/96 13:53:25 ValueACTIVE 58000 BqLnk Code Prepai2 e Ad ress Fu BOX 8204 L.I.D. Bannkrup1�t BuibE IL) Sub.Code —_ 7U'7 - 2204 Annexation *NO Last Changey __ Notes *NO TotalbbUUu Legal LOT 1 BLK 2 Exemption Grp 999 Typ 999 Ap P Q erty Zoninghlp ISL 0 Flag _ Andres 00054 N BALTIC PL MERIDIAN—ID 83642-0000 A.D. Space e o 1 cc. Action* — F2=Selec�F3=�xi FS=Corrected Notice F6=Letters F8=Assoc Address F11=Deed t • • PFMDO} 96 M A S T E R U P D A T E 12/16/96 13:52:58 Parc e 85672030190 Code Area 03 Name MERIDIAN INDUSTRIAL Type Qty Value ACTIVEd PARK— 2z�o .990 40000 B� er C C Lien Code QQ ress L.I.D. — Ba kru t – Sut.Coge 7U7 - 2204 = Last Change y Annexation *NO _ Legal LOT 2 BLK 2 TotaT Exemption Grp 999 Typ 999 Ap M32UbUU2UU2U JN 1h U Zoninghip I5L 0 P 4perty Snaces 00098 N BALTIC Flag _ PL MERIDIAN --ID 83642-0000 P.D. p e o 1 cc. Fp=Selec�F3= xit- F5=Corrected Notice F6=Letters F8=Assoc _ --Action- Address F11=Deed 'PFMDdl 96 M p,• T E R U Parcel P D A T E 12/16/96 13:52:40 R5672030210 Code Area 03 Name MERIDIAN INDUSTRIAL PARK— e Qty Value 22'0 .990 40000 ACTIVE B er C Bink Codge Lien Ggdde Ad ress LrI.D1 — Ba kru t – Su.CoRe — 7U7 - 2204 — Last Change y : Annex *NO _ Legal LOT 3 ELK 2 Totar Exemption Grp 999 Typ 999 Ap MJ�!UbUU2UUJU 3N IE 07-- Zoninghlp I 0 P Qperty Andres 00130 N BALTIC -L Flag _ PL MERiDIAlT—ID 83642-0000 P.D. Space e o 1 cc. FZ=Selecr—F== xi FS=Corrected Notice F6=Letters F8=Assoc ction: — Address F11=Deed T PFMD01 96 MASTER UPDATE 12/16/96 14:33:32 Parcel.-R5672030230r Code Area¢ Qt X Value ACTIVE Name -MERIDIAN INDUSTRIAL -PARI 22D .990 40000 - Ban% Code r Lien Code C/ Address _ L.1 13_ , .Banc=t - Suh_CcRe —_ 7 Z2 Annexation *NO Last Change 5 1 11 Bg : R=IIIIE Notes *NO 40000 Legal �LpQT 4 ELK 2 - MER-LDIAN all6i.NESS PARK Exemption Grp 999 Typ 999 Ap M32050020040 3N -TR -T7- Hardship 65 0 Property . Address aa2aa-N BALTIC Z.o�nq I - L Flag _ PL MERIDIAY—ID 83642-4000 D.D. Space #- 1 REAL- Roll PRIMARY Occ. 0 Action: - FY=Select F.3'�- xi .- FS=Corrected Notice E6=Letters .. 0 PFMD41 96 M A S T R R U P D A T E 12/16/96 14:34:.14 Parcel. R5672.030250 Code-Area Q Qty Value ACTIVE Name YaUD ROGER M & LINDA K _Type 2Z .990 40000 Ban% Code- Prep -Code d e C/oer. Prepaid Address _ 4 L _1 _— B pt. Sub. Code — a3642 - aa00 T _ Annexation.*NO Last- Change- : 14- Bir _ : A R_M _ �i E Notes *NO 4 Legal LOT 5 BL 2- MERIDT BUSINESS PARK Exemption R96078471 Grp-999 Typ 999 Ap M32050020050 3N 1E 07 0 ProPetit- Address0-0.250-N BALTIC �aoning�1g Z5L Flag – PL MERIDIAR—ID 83642-0000_ D.D. Space # - - 1 REAL Rail I PRIMARY - Oce . 0 _ Action: — F2=Selects-- xis` FS=Corrected Notice -P6=_Letters PFMD01 96 M A -S-T- B R U P D A-T B 12/16/96 14-34;25 Parcel– R5672030270 Code Area.03 TQty Value ACTIVE Name MERIDIAN-INDUSTRIAL PARK 2 .871 35000 Baric Code Boyyr e--- Diem Code _ .CM Prepaid — Ad-dress L.I-D. B -ISE - Ba�tczupp..tt Sub. C U-7 a7 - 2204 dation- *NO bast 5 1 11 By : R_DIKIE Notes *NO Legal - LOT BLK 2 r-qgX_Lv-1AN BUSINESS- PART Exemption-- Grp 999 Typ 999 Ap 1 -Hardship 65 0 Property Zoni�tq I-L ',ND Flag _ Address Q27 N- BALTIC FL AF—ID83642-0400 D.D. _ Spacee 1 REAL. Ro11 1 PRIMARY OEC. Action:. F2=Selecxi F5=Corrected Notice -F6=Letters Print Key Output 5763SS1 V3R1M0 940909 51021486 Display Device . . . . . . AS027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD01 96 M A S T E R U P D A T E Parcel R5672030290 Code Area 03 Type City Name MERIDIAN INDUSTRIAL PARK 220 1.457 Buyer C/O Address PO BOX 8204 BOISE ID 83707 - 2204 Last Change : 95/10/11 By : ASR_DIXIE Total Legal LOT 7 ELK 2 MERIDIAN BUSINESS PARK Page 1 12/16/96 14:00:17 12/16/96 14:00:15 Value ACTIVE 58300 Bank Code Lien Code Prepaid L.I.D. BarJ-.rapt Suh.Code Annexation *NO Notes *NO 58300 Grp 999 Typ 999 Ap Exempt- ion M32050020070 3N lE 07 Hardship 65 0 Property Zoning I -L Flag Address 00280 N BALTIC PL MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=E�it FS=Corrected Notice F6=Letters F8=Assoc Address F11=Deed Print Key Output 5763SS1 V3R1M0 940909 S1021486 Display Device . . . . . . AS027ISlSi User . . . . . . . . . . . ASR WENTZ PFMD01 96 MASTER UPDATE Parcel R5672030310 Code Area 03 Type Qty Name MERIDIAN INDUSTRIAL PARK 220 2.272 Buyer C/O Address PO BOX 8204 BOISE ID 83707 - 2204 Last Change : 95/10/11 By : ASR_DIXIE Total Legal LOT 8 ELY, 2 MERIDIAN BUSINESS PARK Page 1 12/16/96 14:01:02 12/16/96 14:01:00 Value ACTIVE 91000 Bart. Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO Notes *NO 91000 Grp 999 Typ 999 Ap Exemption M32050020080 3N 1E 07 Hardship 65 0 Property Zoning I -L Flag Address 00281 N BALTIC PL MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F8=Assoc Address F11=Deed Print Key Output 5763SS1 V3R1M0 940909 S1021486 Display Device . . . AS027ISlSl User . . . . . . . . . . ASR WENTZ PFMD01 96 MASTER UPDATE Parcel R6576000938 Code Area 210 Type Qty Name MCKAGUE PAUL W & SHIRLEY J 010 5.760 100 .500 Buyer 310 C/O 990 Address 933 E PINE AVE MERIDIAN ID 83642 - 5955 Last Change : 94/07/20 By : ASR_DIXIE Total Legal PAR #0938 OF LOT 6 ONWILER SUB #0932-0755-C • Page 1 12/16/96 14:01:38 12/16/96 14:01:37 Value ACTIVE 4318 24500 Bank Code 79100 Lien Code 39550- Prepaid L.Z.D. Bankrupt Sub.Code Annexation *NO Notes *NO 68368 E:tiempt ion 01402000006B 3N 1E 07 Hardship 65 0 Property Zoning R1 Flag Address 00933 E PINE AVE MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F8=Assoc Address F11=Deed Print Key Output 5763SS1 V3R1M0 940909 51021486 Display Device . . . . . . AS027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD01 96 MASTER UPDATE Parcel R6576000805 Code Area 210 Type Qty Name PETERSON GERALD R & SHIRLEY A 150 2.410 370 Buyer 990 C/0 Address 935 E PINE AVE MERIDIAN ID 83642 - 5955 Last Change : 94/07/20 By : ASR_DIXIE Total Legal PAP, #0805 OF LOT 6 ONWILER SUB #0801-B Page 1 12/16/96 14:01:23 12/16/96 14:01:2 Value ACTIVE 22.900 103300 Ba LU Code 50000- Lien Code Prepaid L.I.J. Barkr-apt Suh.Code Anre:�ation *NO Notes *NO 76200 E:cemption 01402000006G 3N 1E 07 Hardship 65 0 Property Zoning R1 Flag Address 00935 E PINE AVE MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=E::it F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed Print Key Output 5763SS1 V3R1M0 940909 S1021486 Display Device . . . . . . AS027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD01 96 M A S T E R U P D A T E Parcel R6576000950 Code Area 210 Type Oty Name PETERSON GERALD R & SHIRLEY A 150 1.000 Buyer C/O Address 935 E PINE AVE MERIDIAN ID 83642 - 5955 Last Change By Total Legal PAR #0950 OF E 159.6' OF LOT 6 ONWILER SUB • Page 1 12/16/96 14:01:50 12/16/96 14:01:49 Value ACTIVE 8000 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub."ode Annexation *NO Notes *NO 8000 Exemption 01402000006H 3N lE 07 Hardship 65 0 Property Zoning R1 Flag Address 00941 E PINE AVE MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed Print Key Output 5763SS1 V3R1M0 940909 S1021486 Display Device . . . AS027ISlSl User . . . . . . . . . . ASR WENTZ PFMD01 96 MASTER UPDATE Parcel 51107417815 Code Area 03 Type Qty Name BEDELCO INC 010 16.071 Buyer C/0 Address 9530 W HALSTEAD DR BOISE ID 83704 - 6708 Last Change : 96/03/22 By : ASR_DIXIE Total Legal PAR #7815 OF NE4SE4 SEC 7 3N 1E #417210-B Page 1 12/16/96 14:02:02 12/16/96 14:02:01 Value ACTIVE 15673 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Anre:cation *NO Notes *NO 15673 E emption M3N1E0077815 3N 1E 07 Hardship 65 0 Property Zoning I -L Flag Address 01125 E PINE AVE MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed • • Print Key Output Page 1 5763SS1 V3R1M0 940909 51021486 12/16/96 14:02:14 Display Device . . . . . . A0027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD 01 96 M A S T E R U P D A T E 12/16/96 14:02:13 Parcel 51107417212 Code Area 03 Type Qty Value ACTIVE Name RAILSIDE DEVELOPMENT INC 010 22.929 22363 Bark Code Buyer Lien Code C/0 Prepaid Address 4414 GE-KELER LN L.I.D. Bankrapt BOISE ID Sub.Code 83716 - 5240 An ex.ation *NO Last Change : 96/06/12 By : ASR2_COMBS Notes *NO Total 22363 Legal PAP. #7212 OF NE4SE4 SEC 7 3N lE Exemption #417210-5 #9609917 M3N1E0077212 3N 1E 07 Hardship 65 0 Property Zoning I -L Flag Address 01125 E PINE AVE MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F8=Assoc Address F11=Deed PFMR02 97 N S W MASTER UPDATE TRWITT 12/16/96 Parcel 11 7 4 Code- Area 242 Type Qty. Value TI BERRY AR1110 !Z -AND 17,030 T D C/o Bank Code Lien Code Address _ PrePaid_ . L.. I. D - Bankrupt — 7 - 3623- Soae _ Last Oia_nge- 529- By : A _D-TMI Amexatiorr *NO --Total— Notes *NO Legal PAR OF E4S 4 Exemption 196036032 1 Hardship Property torr, RT Flag _ Address QGQOQ E= FRANKLIN RD KI-ERIDIAY ID D.D. SI�aceT e l REAL Ro- 2 PRIMARY e. 0 N N -OC Action: _ F2=Se-iect =Exi F5 -=Corrected Notzce F6=Lette-rs TAX -*MAIN _ TAX COLLECTION. SYSTEK 9111811aa2a DOCG MEW-ATION MCCLURE MONTE C & BEVERLY J Bank: NBK 1475 E FRANKLIN RD MERIDIAN ID. 83642595-2 aru Sub Code : Bill## 9-61196811 • (MASTER -1 12/16./96_ 23762 14-:3-5:,52 Tax Value: $2,144 HBO:. CB- Amt Ccs Area-: YFgr _BASE E Bif NET. TAX RECEIVED HALF D. _ . 4 13._44_ 13_44. 9-5 24:02 1 12.01 12-01- 2 12.0-1 12.01- 2.4_ 43s 08 1 21.54. 21.54- 2 21.54 21.54- 9-3--- 4-1.50 - - 1 20.75 20-.75- 2 2a. 75 20-.75- 92 37.36 1 18.68 18.68- 2. la -Ga 1:8--6a- *ACTION _ Print LSI 9.� Interest as of 12/16/96 000% Dail Rate. 03333% F2 -SELECT F3 -EXIT F4 -MASTER F5-CALC 242 TOTAL DDB 2.6.88 26.88 PFMDOI Parcel Name Guyer_ . Address • 0 96 M A S T R R UPDATE 12/16/96 14:35:.43 fi1.i18lID300 Code Area242-Value ACTIVE -PROPERTIES VEST INC 770 10 .5 Q 0 1 Bank. C bde Lien Code .f PAR -#-030Q a- 4JN JE "6037146- #96Q21fr;i27__ DINOIRM1300 3N Pr 1 Hardship _65 rt AKdr=ss�0000� _ FRANKLIN- A� niF RT S ce- ID # 1 PRIMARY YAC . 0 F�Se]_ec Exz ` FS=Corrected_ Notice F6=netters Prepaid _ LBankrup��t -_ CMe Annexation*NO Notes - *NO Exemption 0 83634-0000- D.Dg-=_ Action: PFMD01 96 MAS TRR UPDATE Parcel_ 51118110450 Code Area 242 Name PROPERTIES WEST INC TQTr M620 et 13 0 Address g BOISR 7 = 6869- • 12/16/96 14:35:33 Value - ACTIVE 18176 Bank- Code- 14QQ Code- 1Lien Cade Lrepaid _ .Sub. I� UUode kii�� •L�II7 Legal aEQ 18 3N 1E- 996037146 #96021627 1 4 1 i Hardship 65 Pr- ert nc Addi,ess-0-1295 .E- FRANKLIN RD MERIDI RAS—III Space # ape 1 REAL Ro 1 -MARY CC . 0 F2=Selects-- xis` F5=Correcte-d Notice 76=Letters Annexation *NO Notes *NO Exemption 0 83642-0000 D.Dg Action: _ PFMD01 36 MASTER UPDATE 12/16/36 14:42:44 Parcel_ 5111812065-Q Code A3:ea 242 TypeQty Value ACTIVE Name ABX BUILDER INC AND t-y- 92340 AMYX- JAM M Bank Code ieL Lieu - Code . - Prepaid Address L'. 1. DBlalSEy Bankrupt. 93704— g $ubr. C e _ Annexatton- *NO Last Eauge : 1 12 BY =_ Notes- *NO Legal PAR 4 0 OF NW4NE4 42241314- Exemption 1 1 Hardship 65 0 Property min RT Flag — Address tTUUO U _ E_ FRANKLIN RD- DFAN- —IIT D.D- - Snace 4- 1 REAL Ra PRIMARY OCC. 0 Action: F2 SeleC�EXz FS=Corre-cted Notice F6=Letters PFMDOI 96 MASTRR UPDATE Parte - SI -1.1 8 120 6 0 5 _ Code. Area_2-4-Z_ Qty Name STATES MARY ANN- I —1. 050 RIVERS LEROY LIFE TATR 4 . ��-- . - - • 12/16/96 14:36:36 Value ACTIVE 54§00 Bank Lien -27300 - Code Address 11757 Ti= :iii i+j� is Lash age 5 Bg GLEN Gegal PAR 605 -OF NW4NF,4- ECj I`• 995039573 Prepaid L-- D _ Bankt. Sub__rue Annexation. *NO Notes- *NO Exemption 93NOIE190605 3NPropert I I Hardship 65 0 1 Flag Acldressyarr7s E- FRANKLIN, Rir &WD RIAY III 83642-0000 a a _ e- #- 1 RFS- R4 -1 PRIMARY OCC. 0 Amt ion _ F =del;- = FS=Corrected Notice - F6.=Letters Print Key Output Page 1 5763SS1 V3R1M0 940909 51021486 12/16/96 14:05:35 Display Device . . . . . . ASO27IS!Sl User . . . . . . . . . . . ASR WENTZ PFMR 02 96 N E W M A S T E R U P D A T E ASR WENTZ 12/16/96 Parcel Code Area 242 Type Qty Value ACTIVE Name LILE JOHNNY DEAN & 120 .260 25900 Data From PATRICIA ANN 340 69800 Master Buyer 990 34900- Bank Code C/0 Lien Code Address 1095 E FRIUTKLIN RD PrePaid L.I.D. MERIDIAN ID Ba^.krupt 8364 - 5951 Sub.Code Last Change . 94/10/11 By . ASR—OTT Anre.xation *NC Total 60800 Notes *NO Legal PAR #0660 OF NW4NE4 SEC 18 3N lE Exemption #9325341 #935942 03N01E180660 3N 1E 18 Hardship Property Zoning R1 Flag Address 01095 E FRANKLIN RD MERIDIAN ID 83642-0000 D.D. Space Type 1 REAL Roll 1 PRIMARY Occ. 0 NON-OCC Action: F2=Select F3=E:,-i4--- F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed • NOTICE OF HEARING 9 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 February 4, 1997, for the purpose of reviewing and considering the Application of Builders Masonry Products, for a Variance request for land located in Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located .35 mile West of North Locust Grove Road on Franklin Road. The Application requests a variance to waive water line extension fronting 1300 East Franklin Road. A more 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 15th day of January, 1997. Orr mzp: JI WILLIAM G. BERG, JR., CI CL RK o ` SEAL O,t C INT'f � % MERIDIAN CITY COUNCIL MEETING: February 4,1997 APPLICANT: BUILDERS MASONRY PRODUCTS ITEM NUMBER; 7 REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. E p-roperz`tes wesz', i»c. 1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208)345-7523 RECEIVED January 28, 1997 JAN 3 0 1997 Meridian City Council �y�®��E��i`�l�Y;� c/o Mr. Will Berg, Jr. ��►►�rll City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Variance hearing/February 4, 1997/Builders Masonry Products Dear Sirs: I would like to submit this letter as written testimony to be considered by the City Council in the matter of the request for a variance to waive a water line extension, fronting 1300 East Franklin Road. As a neighboring property owner and developer, I am not in favor of nor can I support Builders Masonry Products request for said variance. As a local developer I have always been required to extend services, i.e. water and sewer, as a condition of approval, to any project that I have undertaken. The "Notice of Hearing" for this meeting did not mention sewer line. Does that indicate that they are extending the sewer? If not, why not? Currently I am beginning the development process on property directly across from Builders Masonry Products on East Franklin Road. Extension of the sewer and water services will certainly be conditions of approval for my development and it would be onerous and unfair to grant Builders Masonry Products a variance of this standard condition and subsequently require Properties West Inc. to stand the entire cost of extending these services. Therefore, I respectfully request denial of this variance request. If you would like to speak to me for clarification or if you have any questions please don't hesitate to contact me. 7-pLectfully submitted, . Barnes President JLB/ld ,Meridian City Council February 4, 1997 Page 27 been extremely disruptive to our business. Apparently the consultants agreed and rerouted the sewer line. Builders Masonry Products also feels the coordination of the prior sewer line installation should have no bearing on the approval of this variance. Meridian public works suggests that we be allowed to continue the use of the existing well for the protection of Masonry Products only and that we convert the office/warehouse and block plant areas to the City water system. Under this application for variance our plan was to have the office/warehouse area remain on well water and its existing septic system. Builders Masonry Products would make a decision to connect to the city water and sewer system for the office/warehouse area at a later time if that need exists. Demanding that we hook up to the city water when we already have an existing well for our facility is unreasonable and puts and undue financial burden on Builders Masonry Products for services that are not needed at this time. Their final statement, "Although Builders Masonry Products wouldn't realize a great benefit from the City's water system they would reap the benefits of the city sewer system" is accurate and the very reason that we are requesting a variance. By comecting to the sewer system we would be able to wash our trucks on site and discharge processed water through the sewer system. The alternative would be to design a treatment and disposable system on site. There would be no benefit for Builders Masonry Products to extend the water main across the property since we already have an existing on site potable water well that is in good operation and which capital investments have already been made. For Properties West Inc., Builders Masonry Products has already stated that the hook up to the city water is unnecessary for purposes at this time. I can give you a copy of this. Corrie: Council, any comments or questions of Stephanie? Thank you, is there anyone else from the public that would like to issue testimony on this variance request? Hearing none, Council, question or discussion? Morrow. Just a question, the letter from Properties West that will be entered into the public record. Corrie: Any further comments or questions? I will close the public hearing, Council? Morrow. Mr. Mayor, I would like to have Gary Smith's comments with respect to this project. Smith: Mr. Mayor and Council, the request was to hook to the sewer only I believe. Our concerns in the past in particular where just a request for sewer is made is how do we monitor the amount of material entering our sewer, quantity wise. 1 think in this particular case we suggested that they connect at least part.of this facility to the water system. Because of the ordinance requirements that are in existence today that permit the City Council to require a development or a property that is within 300 last of a City facility to connect within 15 days after notice. That is part of the ordinance. We don't have a problem with them using their well for their production water. I dorft know how Meridian City Council 'February 4, 1997 Page 28 much water they use, maybe they can give us some indication. But, under our present water demand for the City I would make the same statement, I don't remember who it was recently that was requesting to utilize or to connect to City Water, Mountain View Equipment wanted to utilize city water for only fire protection because they had an on site well and I didn't have a problem with that particular request. They are in the County. Morrow. Mr. Morrow, question Gary, I have worked on industrial projects where on the project by virtue of the special circumstances there was a flow meter station within the sewer line that monitored the actual flow or the out flow from the industrial entity and then they were billed according to that actual flow in that flow meter station and it is recorded 24 hours a day. Do we have provision in our ordinance to allow for that type of station? Smith: I don't think our ordinance is specific to the type of monitoring that would be installed but there are electronic devices that are available to monitor flow on a recorder. Morrow. And that would be maintained by the owner and read by the city if it is a normal application. Smith: We would have to make a provision, wee don't have one of those in the system at this point, none exists. So I am a little bit ignorant as to what that will actually be, what that piece of equipment looks like and how often we would have to physically read it, remove charts or whatever it might be. But I am sure that equipment is available. Morrow. I have actually worked on projects with those and it is readily available and the system seems to work pretty well, I think as we develop more of an industrial base we will have more of those site specific things if we want to have in position including pre- treatment and those other kinds of things that are designed specifically for a user. If this is a case for that. Smith: If we don't have a water metering device available that is correct. Water coming through a meter that we can relate to what is going into the sewer. Rountree: Question for Mr. Smith, do we have any numbers that relate to capacity demand from this user and the type of discharge that we would be receiving? Smith: No I don't. Churchman: According to your question we have our engineer that is representing us from Century West he can address that question if the Council allows? Corrie: Do I need to open the public hearing back up? Meridian City Council February 4, 1997 Page 29 Crookston: Yes Corrie: I will open the public hearing back up. John Schwartz, 5257 Fairview, Boise, was sworn by the City Attorney. Schwartz: There are a couple of things that I would like to mention and this is my discussion with the folks over at the sewer district. I understand what Gary's concern is, I was led to believe that the time that there were other ways to quantify the flows that are actually going to the treatment system. One would be to give our best estimate as to how much water was being generated from the industrial processes and also from the wash racks and so forth and take an average that way and be billed on that type of basis. There is the other mechanism that you mentioned that we could put in a flow meter that would measure the depth of flow over time and from that you could calculate the volume that would be going out through the lines as well. My concern is additional to that and you folks have this drawing in your package. The building that we are looking at hooking up to is the block plant building which is probably 500 to 600 feet south of where the main line runs across Franklin. The Masonry Builders Center at this point is not looking at the option of wanting to hook up the building that is up front which is where the warehouse and office facilities are located. So to best serve their needs it doesn't make a whole lot of sense to be running that water line through the full length of their property and then have to run a 500 to 600 feet to the south to run down to that block plant because they want to run a surer line to that particular facility. The sewer line itself runs if you will to the east or to the right side of that page or down along where that description of basin two is. It is about a 400 to 500 foot ran to make that connection to the building. Again to make the requirement to run that water across the full length of the facility and then all the way into the block plant to accommodate relatively small flows I think is a pretty heavy requirement on that. The estimated flows are probably going to be maybe on the order of, well they have three drains into the cure room that they want to connect and then they have to deal with the wash area. So at best you are probably going to be looking at maybe 15 to 20 gallons an hour going into that facility. I am not sure if that addresses all of your questions on volumes. So the flows themselves are pretty insignificant it is just the issue that they want to use the vehicle was rack which is shown here on that drawing as well as ran some other industrial drains into the system. In my mind I think it would be best served to allow us to estimate the flows to the system. I know it is easy to say we have a connection to the potable water line and you can put a flow meter on it. In this particular application you have a block plant that is using a lot of water into the process of batching of concrete and so forth. To be using a flow meter on the supply lines to calculate the usage of the sewer lines I think would be a major injustice as far as the actual quantity of water going back to the sewer system. So either a flow meter in line or estimating the quantities per month that would be agreeable to the sewer district I think would be the best approach for the client. Meridian City Council 'February 4, 1997 Page 30 Morrow. Mr. Mayor may I respond, the concept Mr. Schwartz in terms of the flow meter was on the sewer line not on the supply line. The flow meters that I am familiar with are actually on the sewer line. Schwartz: I understand that, but I believe Mr. Smith's comment was if you monitor the flow going into the facility then you charge that for the flow going out of the facility on the sewer lines, do I understand that statement? Smith: That is correct, that is what our ordinance requires on a commercial business. Schwartz: I don't think that is really represented here, it is not as if all of the water (inaudible) where they are going into a sanitary rest room facility where the water in pretty much matches the water going out that really doesn't apply here. Morrow. Well to take the point to clarify it a little bit more for you and my reason for discussing industrial uses and the need for us to begin to look into discharge flow meters is that in certain processing facilities they supply themselves with clean water which is well water and then they discharge major volumes of water into the sewer system and a city has now way of monitoring that except by virtue of a flow meter on the sewer line discharge side. What I am suggesting to you here is that you have the reverse where you use a lot of water if it were supplied by the City to use that water usage a means of calculating your sewage uses would be unfair. So in this case and in the former example flow meters on the sewage discharge side or the best and fairest way of monitoring that usage. Schwartz: I agree to that approach but I think to take it a step further to require a client to comply with the to and through policy and run a water line for the full length of their property because they want to make a connection to the sewer system when they are willing to pay a hook up fee of $6000 to $7000 to make the connection to the line to defray the cost of running the line and building the facilities. In addition to that to run the line through the property and make them hook up to it when they don't need to I think is a little excessive. Morrow. Another comment Mr. Mayor, I think ultimately Mr. Schwartz for purposes of corporate planning the realities are that is going to happen before very long given what we are seeing going on in the sewage treatment business. The days of individual septic systems and those types of things are rapidly coming to dose and I think that the issue here is that if it is not required at this time it will be soon so you need to adjust your plans accordingly. The two and through policy is a fair policy for land owners on down to develop. The question is that if it is paid for by somebody else then at such point in time when this facility hooks onto that water supply which is coming then they are unfairly enriched at somebody else's expense and I don't think this Council or future Meridian City Council February 4, 1997 Page 31 Council's is going to allow that to happen. So it is a question of timing as to what it is you are going to pay is what it boils down to. Schwartz: Well I worked on a similar project up in Idaho Falls, not to bring another project into this scenario, it was that same type of a situation where the City of Idaho Falls was requesting a client to bring a line up through the full length of their property which amounted to probably '/ of a mile, it was probably an $80,000 installation and they only wanted to install a fire hydrant to protect one of the petroleum tanks. The City did give them a waiver saying it wasn't necessary to run the line for. the full length of the property because it wasn't really that much of a beneficial use for the people on through on the other side of the property at that time. So it seems to me that there may be some flexibility here to either delay the requirement or to waive it altogether and that is what Builders Masonry Center is (inaudible). Morrow. I have no more questions Mr. Mayor. Corrie: Council, any further questions or discussions? Rountree: I just have a clarification I guess I need from Council. It seems to me that what is being asked for is only one part of the equation, a variance to hook up to the sewer. It seems to me that there also needs to be a variance to our existing ordinance at that their request to not hook up with City water. Isn't that a requirement of our ordinance that they do that? Crookston: If they are within 300 feet of city water they are required to hook up to both sewer and water under our ordinance. Rountree: And that is the case? Smith: Yes sir. Morrow. Did I understand you Mr. Smith that the water is at their western boundary. Smith: Yes Morrow. So to follow "up on Councilman Rountree's point, are we short a variance here Counselor or is this variance (inaudible) asking for both? Corrie: Well they are requesting a variance Mr. Morrow from the to and through ordinance. Rountree: That is the request for the variance? Morrow. For the water 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: Mayor and City Council From: Meridian Public Works Department Re: BUILDERS MASONRY PRODUCTS (Request for Variance from Ordinance 5-124) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY January 30, 1997 This application is a request for a variance from the requirements of Ordinance 5-124 to extend to the farthest boundary a 12" diameter water main across their frontage on Franklin Rd. The applicant desires to connect to the City's sanitary sewer system which traverses along the east boundary of the subject parcel. This sewer main was installed in 1995 as part of the Five Mile Trunk line extension to Saint Luke's. The applicant did not participate in the cost of the extension nor were they willing to aid in routing. Rick Clinton in our office informed the applicants representative, Mr. John Swartz, P.E. with Century West Engineering, that in order for his clients to receive sewer service from the City, they would have to extend the water main and connect to City water as well. We have reviewed the evidence presented in the application, and have weighed it against the Findings of Ordinance 2-419-C, to offer the following comments, for your information and consideration. Following is the text of the Ordinance in italics along with our comments to each section stating why we feel this application should be denied: Ordinance 2-419-C Findings A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; (Ord. 430, 4-2-84) The applicant has stated in their application that they have an existing on-site potable well that is in good operation. I would propose that the applicant be allowed to continue the use of the existing well for the production of masonry products only, and that all domestic k%BLDMASON.VAR • Mayor and Council February 4, 1997 Page 2 I* use be converted over to the City's water system. Both the office/warehouse and the block plant could be connected to the City's sewer system after appropriate applications and fees are received by the Public Works Department. As stated in their application, "a monthly sewer fee could be calculated based upon fixture counts and estimated flows from floor drains", or perhaps a metering device could be installed on the proposed sewer service line at the point of discharge into the City's sewer system. 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdtvider or developer 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 achievements or the objectives of this Ordinance; (Ord. 592, 11-17-92) • There are no physical characteristics of the subject property that would prevent compliance with the requirements of Ordinance 5-124. As stated in their application, the 12" diameter water main would need to be extended approximately 663 feet across the frontage of the Builders Masonry Products site. In terms of difficulty of construction, this would be a simple installation. There are no curbs, gutters or sidewalks across the frontage. There is only one driveway access that is approximately 55 foot wide into the Builders Masonry Products parking area. With the current horizontal alignment of the existing water main, it is quite likely that the extension would be outside of the asphalt of Franklin Rd.. The granting of this variance requiring the construction of the water main will result in inhibiting the achievements or the objectives of Ordinance 5-124. 3. That the granting of the specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, • and 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. • The granting of this variance would go against the purpose of Ordinance 5-124 and the Meridian Comprehensive Plan. The requirements of Ordinance 5-124 have worked well since implementation. The City of Meridian hasn't had to bear the cost of main line extensions that benefit new developments and business. The ones that benefit the most, are the ones that finance such extensions. Although Builders Masonry wouldn't realize a great benefit from the City's water system, they would reap the benefits of the City's sewer system. AARIMMASON. VAR 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 L. STILES, P & Z Administrator 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 (208) 888-4433 • FAX (108) 8874813 Public Works/Budding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMB RS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P ftp Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: January X 1997 TRANSMITTAL DATE: 1/20/97 HEARING DATE: 2/4197 REQUEST: Variance for BY: Builders Masonry Products LOCATION OF PROPERTY OR PROJECT: 1300 East Franklin Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 GREG OSLUND, P2(C'`°�` ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION KEITH BORUP, P2 ROBERT CORRIE, MAYOR CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT r F B 0 t 19',37 RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PREUM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAINGAS(PRELIM&FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATIONOMLIM & FINAL PLAT) SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES ^ U -/ c) - FIRE DEPARTMENT _OTHER: YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY a Nie. -e Q f ki s 4. i i j R tA. K3 CITY ENGINEER CITY PLANNER f¢ L c, o j2 SN s IF ,cam q ,Z w A Flow Zr t' r`Qw 4. tA. A P a z t It Meridian City Council 4 March 4, 1997 Page 3 Morrow: Let me ask you the question in this manner then. Are the changes of such manner that you feel that they can be handled at the staff level and the process conclude the agenda tonight and press on? Crookston: I believe that it could be. Morrow. Thank you, Mr. Mayor unless there is further discussion by Council I would like to move that we approve the CC&R's and the development agreement for Troutner Business Park by Jim Ballantyne subject to final staff resolution of the outstanding issues with Mike Ballantyne, and that upon that conclusion we authorize the Mayor to sign and the Clerk to attest those agreements. Bentley: Second Corrie: Motion made by Mr. Morrow second by Mr. Bentley, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED FEBRUARY 18, 1997: TED CUNNINGHAM: REQUEST FOR HOOK UP TO CITY SEWER AT 125 BLUE HERON LANE: Corrie: Council, I believe you have a letter from Mr. Cunningham requesting that this request be withdrawn. Bentley: Mr. Mayor, I move that we withdraw -as per Ted Cunningham's request for hook up to City sewer. Tolsma: Second Corrie: Motion made by Mr. Bentley, request by letter from Mr. Cunningham, Opposed? MOTION CARRIED: All Yea second by Mr. Tolsma that we withdraw the any further discussion? All those in favor? ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY BUILDERS MASONRY.: Corrie: Did Council all get the copy of Stephanie Churchman's letter along with, she gave us this afternoon? Morrow. Mr. Mayor, if we could I would like to have the City Attorney make a brief comment on the, for the record in terms of conversation that went on between he and Meridian City Council March 4, 1997 Page 4 Ms. Churchman that brought us to this point. I guess what it is, by withdrawing in my minds means is we no longer have a variance issue to deal with nor in terms of our proposal an agreement that was included within those findings of fact for the development of those services. Can you take it from there please? Crookston: Yes I can thank you, the findings of fact and conclusions of law that were prepared for the City Council and the City Council had as of the last meeting in my discussions with John Fitzgerald we both agreed that was something that was better done than granting the variance in any fashion even though you were going to, the proposal was to condition upon them connecting to the sewer but not connect to the water immediately. But when the property to the south or to the east needed the water that then they would have to connect to it so that those properties could have a routing of that water and sewer to their properties. We re-evaluated the findings of fact and felt that it was the same kind of situation, nothing had changed factually. We felt that those were appropriate. We also felt that it would be better rather than have a flat out denial without any kind of agreement with Builders Masonry and it was my interpretation at the last meeting that the City desired them to connect to the sewer but not connect to the water but give. In essence to grant the variance somewhat for not putting it to and through their property. I felt that the better way to do it was to have an agreement with them not to do that for a period of time and not grant the variance but just have an agreement with them that as of a certain date or whenever the City said to do it they would do it. That is the agreement that I prepared or John Fitzgerald prepared it and I faxed the findings of fact and conclusions of law and a copy of the proposed agreement to Stephanie Churchman. I faxed it to her on Friday, I got a call, and I said that I needed to talk to her about them. She did not return my call until today. In her call today, this morning she said that she would call back and tell me what they wanted to do. She called back and I was doing something, I wasn't available when she called at that time. She said that she would call back at 5:00 and she did and she said, she faxed me a copy of what you have. She faxed me a copy of that and I looked at it and I said I needed to ask her what was going on and she called back and said this is what we want to do. We just want to take it out of the hands of the City and withdraw our application for the variance. So she had all of the record that you people have now. Morrow. Question Mr. Mayor, and that means that at the present time they are not going to be hooking up to the sewer until we hear further notice, the entire issue has been withdrawn. Crookston: That is correct, I did not. have a discussion with Mrs. Churchman as to whether or not the desire to connect later. They said that they have some other options that they are considering and will be back in touch with the City when they decided what they were going to do. But I believe at this time that the request or the application for the variance is withdrawn on their part. If that is the Council's decision that is the action that you need to take is to accept that withdrawal of the application. Meridian City Council S • March 4, 1997 Page 5 Morrow. And they understand that they have to start over (inaudible) if they wish to do. Crookston: We did not talk about that. Corrie: Any further discussion? I will entertain a motion which ever way you want to go on this. Morrow. Mr. Mayor, I would move that we accept the letter of withdrawal from Builders Masonry. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that we accept the letter of withdrawal on the variance, any further, discussion? All those in favor of accepting the letter of withdrawal? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #753: LID 97-1: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO RE- ADOPTING AND REAFFIRMING FINDINGS FOR THE CREATION OF A LOCAL IMPROVEMENT DISTRICT CREATING THE LOCAL IMPROVEMENT DISTRICT 97-1 PROVIDING FOR AND SETTING FORTH THE IMPROVEMENTS TO BE MADE. SETTING FORTH THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT. SETTING THAT THE ESTABLISHED TOTAL COST OF THE IMPROVEMENTS IS $49,000 OF WHICH AMOUNT IS TO BE FUNDED BY THE ASSESSMENTS ON PROPERTY WITHIN THE BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT. THAT THE $49,000 SHALL BE ASSESSED BY THE FRONT FOOT METHOD AND SHALL BE ASSESSED ON ALL PROPERTIES INCLUDED WITHIN THE LOCAL IMPROVEMENT DISTRICT HAVING FRONTAGE ON CHERRY LANE ROAD AUTHORIZE A NEGOTIATION FOR THE APPOINTMENT OF AN ENGINEER AND AUTHORIZING THE PREPARATION AND PLANS AND SPECIFICATIONS; AUTHORIZING UPON THE COMPLETION OF THE PLANS AND SPECIFICATIONS THE ADVERTISEMENT AND NOTICE OF REQUEST FOR BIDS FOR THE CONSTRUCTION WORK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING PURSUANT TO 50-1727 IDAHO CODE FOR A PERIOD TO CONTEST THE LEGALITY OF THIS.: ORDINANCE AND THE PROCEEDINGS AND THE AUTHORITY HELD AND GRANTED UNDER THIS ORDINANCE WHICH PERIOD SHALL EXPIRE 30 DAYS AFTER PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience who would like to have Ordinance #753 LID 97-1 read in its entirety? Hearing none I will entertain a motion on Ordinance #753. • 0 MERIDIAN CITY COUNCIL MEETING: March 4.1997 APPLICANT: BUILDERS MASONRY ITEM NUMBER; 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: February 18 1997 APPLICANT: ITEM NUMBER; 8 REQUEST: FINDINGS OF FACT AND CONCLUSIQNS OF LAW FOR VARIANCE REQUEST BY BUILDERS MASONRY PRODUCTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. RUX&ERS 0 1111MASONRY PRODUCTS M A N U F A C T U R E R S & D I S T R I B U T O R S City of Meridian 33 East Idaho Meridian, ID 83642 City Attorney Wayne Crookston Re: Request for variance Dear Wayne, RECEIVED MAR - 4 1997 CITY OFM&JDIAN March 3, 1997 Builders Masonry Products would like to thank the Meridian City Council and Mayor Corrie for all their efforts and consideration of our request. Builders Masonry Products accepts your Findings of Fact that our request for a variance from the "to and through" ordinance has been denied. At this time we are reevaluating our needs and of course withdraw our request for a variance. Sincerely, &�ULACJhM,013 Stephanie Churchman Vice President cc: Honorable Mayor Corrie 1300E. FRANKLIN ROAD • MERIDIAN, IDAHO 83642 • (208) 888-4050 WILLIAM G. BERG, JR., City Clerk ,. J ICE 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF 7REMURE VALLEY r� o r M rueERe `� A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TIMMA ° � R B 33 EAST IDAHO MERIDIAIN, IDAHO 83642 P A 2 COMMISSION (208) 888-4433 • FAX (208) 8874813 Public Works/Budding Deimunent (208) 887-2211 JIM JOHNSON, Chairman KEITH BORUP Motor Vehicle/Driven License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERMU 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: January 2& 1997 TRANSMITTAL DATE: 1/20/97 HEARING DATE: Z/4/97 REQUEST: Variance for BY: Builders Masonry Products LOCATION OF PROPERTY OR PROJECT: 1300 East Franklin Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, CIC CHARLIE ROUNTREE, C/C WALT MORROW, CIC GLENN BENTLEY, C/C —WATER DEPARTMENT EWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER YOUR MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NANDA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELDW & FINAL PLAT) INTERMOUNTAIN GAS(PREIJM & FINAL PLAT) BUREAU OF RECLAMA4TION04WJJM & FINAL PLAT) CITY FILES ( % _ z If — /Z RECEWED FEB - 3 1997 CITY O" MERIDIAN CqurHEALTH CENTRAL CE DISTRICT DEPARTMENT Rezone # Conditional Use # Preliminary / Final / Short Plat V&2 r,<t,.►c,C-- DISTRICT HEALTH DEPARWENT Environmental Health Division /0'-0e2 17d1w 0/i 0 Return to: ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 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 ,910. 11wo : Runoff is not to create a mosquito breeding problem. ❑ 11. 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. ❑ 14. 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 q 15. _ i'tV d Yt �t S dS ('0L -Y3 M o S+ Qer Date: / f 117 7 _taY 'U L ,a/ iP—/C;'r_ Reviewed By: CDHO 10/91 rcb, rer. WS Revie eet Meridian City Council February 18, 1997 Page 11 of law. Have either one of you reviewed it from that standpoint to see that the two are in compliance with each other? Stiles: Councilman Morrow, Mayor and Council, I haven't specifically looked at these findings and checked whether it matched those requirements. I don't think there will be a problem with them making it does make sure it meets those requirements. But I couldn't tell you right now whether it did or not. Smith: Same comment for me. Morrow. That being the case Mr. Mayor, I would itke to move to approve the preliminary plat for the Lake at Cherry Lane No. 7 by Steiner Development subject to compliance of that plat with the just adopted findings of fact and conclusions of law for the Lake at Cherry Lane No. 7. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the preliminary plat according to the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCWSIONS OF LAW FOR VARIANCE REQUEST BY BUILDERS MASONRY: Corrie: Council you have the findings of facts and conclusions of law in front of you, any corrections, additions or alterations? Corrie: Stephanie would you like to make a comment? Churchman: Mr. Mayor and Council, I have a carrection, actually I don't know if that is proper or not. But I found fault in the findings of fact. It was my understanding that the Council approved the variance for Builders Masonry Products upon condition that we monitor the outflows and that also that we agree to connect to the City water in the future at a future time. That the variance wasn't denied out right. That was just my understanding and I need clarification on that. Corrie: I think Stephanie what the Council had meeting with Counselor and what they have put on the findings of fact and conclusions is based upon what they have come up and what they feel from the public testimony. So, I guess what they have got down here is what will have to be. Unless there is any comment from Council, Mr. Rountree? Rountree: We haven't yet acted on them. But my understanding was that the sewer hook up was not a variance issue anyway and the metering of that is again not a Meridian City Council February 18, 1997 Page 12 variance issue, but that is a condition of hooking up to the sewer. As far as the water hook up my understanding was that and you concurred that at a future date when water was extended down Franklin you would then extend which may happen in the very near future. Having said that I still think that there is no need for a variance. I suppose it is a matter of timing and I throw that out for discussion. You will have to extend the water line at a future date. Churchman: Correct, I guess my question was and I called Counsel today just to clarify if we could go ahead and hook up to sewer now and at a future date go ahead to hook up to City water. And my understanding was that it was denied out right that we were not allowed to hook up to the sewer system at this time period unless we hooked up to the City water right away. So I guess I need clarification on that. Morrow. Mr. Mayor, if I might, I think that what we were discussing when we were asked for in terms of the variance was that you wished to have a variance from the requirement of taking the water to and through your property. I like Mr. Rountree did not see that there was any conflict in terms of the sewer line subject to the monitoring conditions and all of those things that we discussed two weeks ago. It seems to me that and the other issues that we discussed with respect to the water line at this juncture I don't really see that a variance does much good because in the short tern you are going to be totally surrounded by projects and we kind of talked about it, it is going to be a matter of months before this is going to take place anyway. From my perspective what I am seeing of these findings and the counselor can correct me is that we are simply dealing with the variance of the to and through because it doesn't have enough time to apply. We currently within the system have the property across the street that we had discussed and I did go look at it, it is directly across the street from you guys. And then also we talked about the property on the east side that has worked its way through part of the process already. So in a matter of a few months you are going to be totally surrounded and carry it through. So I don't see any point in doing the variance because it is going to have a real short life. So, from my perspective what we are doing is we are denying the variance of the to and through and let you deal with that issue with your co -developers that are on the east side and the south side of you and maybe jointly have an effort there. The second issue is that the sewer thing is worked out with the City public works department. Now that is as I saw this. I would ask Wayne and Gary in case I have seen it incorrectly. Crookston: Mr. Mayor and Councilmen, I drew these on the basis that it was my understanding that it was a total deny of the variance request and I certainly have to acknowledge that there was discussion about them hooking up to the water at some time in my discussion today with Mrs. Churchman she mentioned she thought she had the right to hook up to the sewer and I said I wasn't real sure about that I looked through my notes and read some of the minutes and the minutes are not real clear as to what the Council's decision was. But there was enough comment made during that hearing as to the possibility that they would have to hook up shortly anyway to the Meridian City Council February 18, 1997 Page 13 water and the sewer. That is why the findings of fact and conclusions of law come out the way they do. Corrie: Does that answer your question? Churchman: Yes, I guess what I want to know basically is can we hook up to sewer tomorrow and wait two or four months down the line to run our line through when that time comes? Corrie: That is what I am hearing from Council, Gary? Smith: Mr. Mayor and Councilmen, it was my understanding there wasn't a problem with Builders Masonry connecting to the sewer as far as the City is concerned. They are within the City limits, the sewer is on the other side of Five Mile Creek that is available for their connection assuming they have permission from the Corp of Engineers to cross Five Mile Creek. It was my understanding that the issue concerned the ordinance requirement for a property within the city limits that is within 300 feet of a sewer or water line to connect, that is a requirement by the ordinance to connect. That was my understanding of why the variance was being requested for not connecting to the water line. As part of that discussion then the extension of the water line across the frontage of the property came up. There was discussion concerning a sharing of cost with the installation of the water line with the property to the south that is in the process of being developed. There was discussion concerning extension of the water line as construction to the east took place which is also in the process. But I thought the issue was whether or not that section of the ordinance requiring connection to the water line was to be upheld or was to be varied. Because the water line is at the southwest corner of the Builders Masonry Products which is the southeast comer of the Meridian Business and Industrial Park. (End of Tape) connect to the sewer should they also be required to connect to the water. Corrie: So I still don't think you have your answer. Rountree: (Inaudible) Morrow. I think that from my perspective as point of discussion is and that Gary is correct his point is well made, we do have the two issues with the ordinance to deal with. I guess that being the case, these in my mind these findings don't get us to where I want us to go to from my perspective. I want to see the sewer thing hooked up immediately or as quickly as possible. That does mean with respect to the ordinance that we do need to vary those two things in terms of the immediate water hook up and we need vary the to and through is that correct Counselor? Meridian City Council February 18, 1997 Page 14 Crookston: You would have to grant the variance. As far as the sewer is concerned whether or not you want to grant it for the water I have no idea. But if they are not going to connect to the sewer. Rountree: No, they are going to hook to the sewer. Morrow: The issue is that we are trying to get, at least from my perspective and if the Council concurs we are trying to get to the point of where we are allowing the connection to the sewer to take place immediately. And then we are delaying the connection to the water and the to and through the property for a short period of time in the near term to allow these other things to go on. Crookston: You still need to deal with both the water and the sewer requirement to go to and through. Corrie: So we are going to need new facts and findings. Morrow. From my perspective Mr. Mayor for point of discussion I can't support the findings of fact as they are written. Bentley: Mr. Mayor, I would agree with that, I think we are going to have to modify these to make them more (inaudible) Rountree: Well apparently we are going to have to modify them but it would be nice to get it clear what the modification is going to be. I think there are three points, one, to allow connection to the sewer and that connection be metered if I was understanding correct. Two, that there be some kind of sunseted variance for the connection to City water and likewise for the through and to extension on the water line conditioned on the development of the adjacent properties. Is that where we are trying to go? Does that help? Churchman: Yes Morrow. Mr. Morrow, that being the case I would move that instruct the City Attorney to prepare new findings of fact and conclusions of law for the variance requested by Builders Masonry. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to instruct the City Counselor to draw up new findings of fact and conclusions of law as presented by Council, any further discussion? Meridian City Council February 18, 1997 Page 15 Bentley: So we don't have to go through this again next time, what time frame are we looking at for the sunset? Morrow. Well I would think, I want to think it through a little bit and talk to Wayne about it. It seems to me like the sunset clause has got to have something that discusses the hook ups being in a timely manner with the two projects that we are dealing with now. I do not want Builders Masonry to hold either one of those projects hostage nor do I want those projects to hold Builders Masonry hostage. So whatever verbiage it takes to get to that point is how we have to get there. Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINAL PLAT: LOS ALAMITOS NO. 3 SUBDIVISION, 58 LOTS EAST OF LOS ALAMITOS NO. 2 BY FARWEST DEVELOPERS: Corrie: Is there any representative from Los Alamitos here this evening? Bowcutt: Becky Bowcutt from Briggs Engineering. Corrie: Any questions on your final plat, anything that you want to tell us? Bowcutt: We did receive the comments from the City Engineer's office, I did write out a memo to Bruce Freckleton and faxed that over to him and Shari addressing each question and item that they brought forward. Corrie: Shari did you get a copy of that, did Council get copies of it? Morrow. So far I haven't found it in my packet. Rountree: Did you get confirmation on your fax? Bowcutt: Yes 1 did, I called, I got confirmation. l was kind of late in faxing it, I have been out. I kind had what Mr. Crookston has, we have the same voice. It was faxed to my office on Friday, I was out ill on Friday, Monday was a holiday, I called and talked with Shari today and she faxed it to me immediately when we realized I didn't have it. And then I answered it, so I was late in getting my response to the City Engineer's office. If you would like to me to go through these I can address them quickly. Corrie: Council, what is your pleasure, do you want her to go through them? Morrow. Well I guess, these are technical issues that our staff needs to deal with. My preference would be to have their concurrence and have them review it and say okay it Meridian City Council February 4, 1997 Page 26 Morrow. No, the issue is that it requires a building permit to start the project. The building permit can be obtained prior to the final plat being recorded by virtue of the streets being in and the scenario that Gary painted for us. But in any event they -require that the building permit at final plat date and they have got 90 days to construct their club house and pool and if not then the bond becomes collectible on the part of the City. Rountree: I understand now. Corrie: I will call for the question, all those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #7: PUBLIC HEARING: REQUEST FOR A VALIANCE BY BUILDERS MASONRY PRODUCTS: Corrie: I will open the public hearing at this time and invite the member of the Builders Masonry Products to come forward. Stephanie Churchman, 1300 East Franklin Road, Meridian, was sworn by the City Attorney. Churchman: Builders Masonry Products is requesting a variance from the to and through ordinance. I have reviewed the comments submitted by the Meridian sewer department, the Meridian public works department and Properties West and have addressed each concern below. I will give you a copy of this when I am finished. For the Meridian sewer department to hook up to the sewer system we understand and are in agreement to pre -treat the processed water before discharging to the sewer. An oil separator tank will be utilized in according with the City of Meridian pre-treatment personnel. With the Meridian public works department in reference to the sewer main installation in 1995 as part of the Five Mile Trunk Line extension to St. Luke's the Meridian public works department stated, "The applicant did not participate in the cost of the extension nor were they willing to aid in routing." From their comment the Meridian public works department implies we should have participated in the cost of this extension. This comes as a surprise to us. Builders Masonry Products was never notified of a requirement to participate in the cost for the sewer extension. Builders Masonry Products representatives also met many times with consultants retained by St. Luke's and with the former Mayor Grant Kingsford to find the best possible solution. During one of our first meetings a consultant suggested running the sewer line directly across our property under the asphalt. After much discussion re agreed to this if the construction could be finished before the beginning of our busy season. They stated that this could not be accomplished within the set time frame. This project would have Meridian City Council February 4, 1997 Page 27 been extremely disruptive to our business. Apparently the consultants agreed and rerouted the sewer line. Builders Masonry Products also feels the coordination of the prior sewer line installation should have no bearing on the approval of this variance. Meridian public works suggests that we be allowed tD continue the use of the existing well for the protection of Masonry Products only and that we convert the office/warehouse and block plant areas to the City water system. Under this application for variance our plan was to have the office/warehouse area remain on well water and its existing septic system. Builders Masonry Products would make a decision to connect to the city water and sewer system for the office/warehouse area at a later time if that need exists. Demanding that we hook up to the city water when we already have an existing well for our facility is unreasonable and puts and undue financial burden on Builders Masonry Products for services that are not needed at this time. Their final statement, "Although Builders Masonry Products wouldn't realize a great benefit from the City's water system they would reap the benefits of the city sewer system" is accurate and the very reason that we are requesting a variance. By connecting to the sewer system we would be able to wash our trucks on site and discharge processed water through the sewer system. The alternative would be to design a treatment and disposable system on site. There would be no benefit for Builders Masonry Products to extend the water main across the property since we already have an existing on site potable water well that is in good operation and which capital investments have already been made. For Properties West Inc., Builders Masonry Products has already stated that the hook up to the city water is unnecessary for purposes at this time. I can give you a copy of this. Corrie: Council, any comments or questions of Stephanie? Thank you, is there anyone else from the public that would like to issue testimony on this variance request? Hearing none, Council, question or discussion? Morrow. Just a question, the letter from Properties West that will be entered into the public record. Corrie: Any further comments or questions? I will close the public hearing, Council? Morrow: Mr. Mayor, I would like to have Gary Smith's comments with respect to this project. Smith: Mr. Mayor and Council, the request was to hook to the sewer only I believe. Our concerns in the past in particular where just a request for sewer is made is how do we monitor the amount of material entering our sewer, quantity wise. I think in this particular case we suggested that they connect at least part of this facility to the water system. Because of the ordinance requirements that are in existence today that permit the City Council to require a development or a property that is within 300 feet of a City facility to connect within 15 days after notice. That is part of the ordinance. We don't have a problem with them using their well for their production water. I don't know how Meridian City Council • February 4, 1997 Page 28 much water they use, maybe they can give us some indication. But, under our present water demand for the City I would make the same statement, I don't remember who it was recently that was requesting to utilize or to connect to City Water, Mountain View Equipment wanted to utilize city water for only fire protection because they had an on site well and I didn't have a problem with that particular r6quest. They are in the County. Morrow. Mr. Morrow, question Gary, I have worked on industrial projects where on the project by virtue of the special circumstances there was.a flow meter station within the sewer line that monitored the actual flow or the out flow from the industrial entity and then they were billed according to that actual flow in that flow meter station and it is recorded 24 hours a day. Do we have provision in our ordinance to allow for that type of station? Smith: I don't think our ordinance is specific to the type of monitoring that would be installed but there are electronic devices that are available to monitor flow on a recorder. Morrow. And that would be maintained by the owner and read by the city if it is a normal application. Smith: We would have to make a provision, we don't have one of those in the system at this point, none exists. So I am a little bit ignorant as to what that will actually be, what that piece of equipment looks like and how often we would have to physically read it, remove charts or whatever it might be. But I am sure that equipment is available. Morrow. I have actually worked on projects with those and it is readily available and the system seems to work pretty well, I think as we develop more of an industrial base we will have more of those site specific things if we want to have in position including pre- treatment and those other kinds of things that are designed specifically for a user. If this is a case for that. Smith: If we don't have a water metering device available that is correct. Water coming through a meter that we can relate to what is going into the sewer. Rountree: Question for Mr. Smith, do we have any numbers that relate to capacity demand from this user and the type of discharge that we would be receiving? Smith: No I don't. Churchman: According to your question we have our engineer that is representing us from Century West he can address that question if the Council allows? Corrie: Do I need to open the public hearing back up? Meridian City Council February 4, 1997 Page 29 Crookston: Yes Corrie: I will open the public hearing back up. John Schwartz, 5257 Fairview, Boise, was sworn by the City Attorney. Schwartz: There are a couple of things that 1 would like to mention and this is my discussion with the folks over at the sewer district. I understand what Gary's concern is, I was led to believe that the time that there were other ways to quantify the flows that are actually going to the treatment system. One would be to give our best estimate as to how much water was being generated from the industrial processes and also from the wash racks and so forth and take an average that way and be billed on that type of basis. There is the other mechanism that you mentioned that we could put in a flow meter that would measure the depth of flow over time and from that you could calculate the volume that would be going out through the lines as well. My concern is additional to that and you folks have this drawing in your package. The building that we are looking at hooking up to is the block plant building which is probably 500 to 600 feet south of where the main line runs across Franklin. The Masonry Builders Center at this point is not looking at the option of wanting to hook up the building that is up front which is where the warehouse and office facilities are located. So to best serve their needs it doesn't make a whole lot of sense to be running that water line through the full length of their property and then have to run a 500 to 600 feet to the south to run down to that block plant because they want to run a sewer line to that particular facility. The sewer line itself runs if you will to the east or to the right side of that page or down along where that description of basin two is. It is about a 400 to 500 foot run to make that connection to the building. Again to make the requirement to run that water across the full length of the facility and then all the way into the block plant to accommodate relatively small flows I think is a pretty heavy requirement on that. The estimated flows are probably going to be maybe on the order of, well they have three drains into the cure room that they want to connect and then they have to deal with the wash area. So at best you are probably going to be looking at maybe 15 to 20 gallons an hour going into that facility. I am not sure if that addresses all of your questions on volumes. So the flows themselves are pretty insignificant it is just the issue that they want to use the vehicle was rack which is shown here on that drawing as well as run some other industrial drains into the system. In my mind I think it would be best served to allow us to estimate the flows to the system. I know it is easy to say we have a connection to the potable water line and you can put a flow meter on it. In this particular application you have a block plant that is using a lot of water into the process of batching of concrete and so forth. To be using a flow meter on the supply lines to calculate the usage of the sewer lines I think would be a major injustice as far as the actual quantity of water going back to the sewer system. So either a flow meter in line or estimating the quantities per month that would be agreeable to the sewer district I think would be the best approach for the client. Meridian City Council February 4, 1997 Page 30 Morrow. Mr. Mayor may I respond, the concept Mr. Schwartz in terms of the flow meter was on the sewer line not on the supply line. The flow meters that I am familiar with are actually on the sewer line. Schwartz: I understand that, but I believe Mr. Smith's comment was if you monitor the flow going into the facility then you charge that for the flow going out of the facility on the sewer lines, do I understand that statement? Smith: That is correct, that is what our ordinance requires on a commercial business. Schwartz: 1 don't think that is really represented here, it is not as if all of the water (inaudible) where they are going into a sanitary rest room facility where the water in pretty much matches the water going out that really doesn't apply here. Morrow. Well to take the point to clarify it a little bit more far you and my reason for discussing industrial uses and the need for us to begin to look into discharge flow meters is that in certain processing facilities they supply themselves with clean water which is well water and then they discharge major volumes of water into the sewer system and a city has now way of monitoring that except by virtue of a flow meter on the sewer line discharge side. What I am suggesting to you here is that you have the reverse where you use a lot of water if it were supplied by the City to use that water usage a means of calculating your sewage uses would be unfair. So in this case and in the former example flow meters on the sewage discharge side or the best and fairest way of monitoring that usage. Schwartz: I agree to that approach but I think to take it a step further to require a client to comply with the to and through policy and run a water line for the full length of their property because they want to make a connection to the sewer system when they are willing to pay a hook up fee of $6000 to $7000 to make the connection to the line to defray the cost of running the line and building the facilities. In addition to that to run the line through the property and make them hook up to it when they don't need to I think is a little excessive. Morrow. Another comment Mr. Mayor, I think ultimately Mr. Schwartz for purposes of corporate planning the realities are that is going to happen before very long given what we are seeing going on in the sewage treatment business. The days of individual septic systems and those types of things are rapidly coming to close and I think that the issue here is that if it is not required at this time it will be soon so you need to adjust your plans accordingly. The two and through policy is a fair policy for land owners on down to develop. The question is that if it is paid for by somebody else then at such point in time when this facility hooks onto that water supply which is coming then they are unfairly enriched at somebody else's expense and I don't think this Council or future Meridian City Council February 4, 1997 Page 31 Council's is going to allow that to happen. So it is a question of timing as to what it is you are going to pay is what it boils down to. Schwartz: Well I worked on a similar project up in Idaho Falls, not to bring another project into this scenario, it was that same type of a situation where the City of Idaho Falls was requesting a client to bring a line up through the full length of their property which amounted to probably '/ of a mile, it was probably an $80,000 installation and they only wanted to install a fire hydrant to protect one of the petroleum tanks. The City did give them a waiver saying it wasn't necessary to run the line for the full length of the property because it wasn't really that much of a beneficial use for the people on through on the other side of the property at that time. So it seems to me that there may be some flexibility here to either delay the requirement or to waive it altogether and that is what Builders Masonry Center is (inaudible). Morrow. I have no more questions Mr. Mayor. Corrie: Council, any further questions or discussions? Rountree: I just have a clarification I guess 1 need from Council. It seems to me that what is being asked for is only one part of the equation, a variance to hook up to the sewer. It seems to me that there also needs to be a variance to our existing ordinance at that their request to not hook up with City water. Isn't that a requirement of our ordinance that they do that? Crookston: If they are within 300 feet of city water they are required to hook up to both sewer and water under our ordinance. Rountree: And that is the case? Smith: Yes sir. Morrow. Did I understand you Mr. Smith that the water is at their western boundary. Smith: Yes Morrow. So to follow up on Councilman Rountreers point, are we short a variance here Counselor or is this variance (inaudible) asking for both? Corrie: Well they are requesting a variance W. Morrow from the to and through ordinance. Rountree: That is the request for the variance? Morrow. For the water Meridian City Council February 4, 1997 Page 32 Corrie: For the water, and then they are asking for variance that they don't have to hook up to the water, but they want to hook up to the sewer. That would not be a variance. But they don't want to do the to and through nor do they want to hook up to the water, is that correct? Crookston: The to and through is in both the sewer ordinance and the water ordinance. Corrie: So then counselor, if I am not mistaken they would have to get a variance both ways? Crookston: That is correct if they are within the 300 feet. Corrie: Which they are. Smith: Mr. Mayor, the sewer is already existing along their east boundary. So their only involvement in the sewer would be to construct the service line from their facility to the interceptor. So it is to and through on the water is the variance request. Morrow. And the requirement to hook up to water, it is two fold right? To and through and hook up. Smith: Correct. The connection to the sewer line is going to require crossing Five Mile Creek I believe that is going to require a corp. of engineers permit. I would also respectfully request that a metering device be required to measure the discharge to the sewer. And that our comments from our Waste Water Superintendent be required as part of the agreement if that is agreed to. Corrie: 1 have a question Counsel, if we have a development on the east side of this development, who puts in the water line to those people? Crookston: It depends on where the necessary flow would have to come from. It would be, if they put it to and through their property to the water and it goes to the edge of their line to service property to the east of their property the developer of that property has to pay for it. Corrie: If we give them the variance then the person that wants to develop next to them do we come back on the property owner of Masonry and they have to put that to and through at that time to extend water to those people so they can have water and sewer. (inaudible). Crookston: I believe that would have to be part of the agreement if that was granted. That should be part of the variance or conditions (inaudible). Meridian City Council February 4, 1997 Page 33 Morrow. Mr. Mayor, as a point of follow up, if memory serves me there is a development application before us now for the property immediately on the east side. Corrie: That was my point. Morrow. It is for that 40 acre parcel and we have approved I believe the first phase of that or are in the process of approving that first phase plat which is the northeast corner of that 40 acres that currently borders what is now called Locust Grove. Gary on that proposal where is their water coming from, do you remember? I don't remember, the presentation? Smith: The Tamura Berry project, that is coming off of Lanark and Locust Grove extension of that water line for that first phase. Eventually it would be extended down Locust Grove and Franklin and then west along Franklin. Morrow. To create the loop. Smith: Correct Rountree: So this would be the completion of the loop? Smith: Yes Rountree: Could that be a condition of the variance. Morrow. Well I think in terms of the variance is .yes it will probably be a condition of the variance but we are talking a matter of months here not years. Bentley: Mr. Mayor, in our packets there are comments from Chief Bowers on this issue, it states that we need this line to run and tie into the loop system to get the water flows brought up and in other areas. Plus we need the fire hydrant. So this line is going to have to be put in soon. Corrie: Are you following what we are saying here. If you are ready to make a motion then I will close the public hearing. Churchman: There is also another development that we have, I think it is Properties West who is directly across, the street from us on Franklin to the South of us, and I don't know how far along they are in their development process. But that would close the loop and there are options there that down the road could share the cost in an equitable manner. Corrie: Would that work Gary? Meridian City Council February 4, 1997 Page 34 Smith: Yes Morrow: Question Gary, does the Properties West proposal project go that far west, I thought the Properties West proposal was primarily the property on top of the hill to the east of this site. Smith: I think without a map in front of me I think it is just about directly south of Marketplace. Morrow: (Inaudible) part of the cemetery and a couple of hick houses and then the property west property? Smith: The houses I think are mostly across the street from the industrial park, Meridian Industrial Park. I think that Barnes' project is just about straight across the street from Builders Marketplace. Morrow.. To go back and revisit this, on the corner, the 40 acre parcel of the original parcel that McClure's had is on the corner of the southwest comer of Locust Grove and Franklin Road. Now the five acre portion or whatever it is that is actually that comer is not part of the Barnes proposal. Smith: That is correct Morrow. Then what happens is that essentially that proposal is the property on top of the hill, right? Smith: There is a narrow little strip between the five acre that. McClure owns and I think the beginning of the Barnes piece which pushes it farther to the west. Morrow. But the properties west proposal has the obligation to take the line to and through his property and his property is not in common or is in common with part of the Builders Masonry property. Smith: I think it is pretty close to being straight across, south. That is what Stephanie said that cost could be shared between the two properties. I don't recall where Mr. Barnes is in his proposal. Morrow. He is in P & Z somewhere. Smith: I don't know how fast the phasing of the Tamura -Bevy project is going to move forward, it has been quite a while getting through this first phase I know that. It could be awhile before Tamura -Berry makes the corner on Locust Grove and Franklin and heads west. I just don't know what their schedule is. Meridian City Council February 4, 1997 Page 35 Morrow: Well the loop system that Chief Bowers refers to doesn't occur until that turns the corner and gets to the west in any event. Rountree: You can close the hearing as far as I am concerned. Corrie: 1 don't know what is going on down at the end there but we will go ahead, I will close the public hearing. I guess we can entertain a motion for findings of fact or any further discussions, it is entirely up to you. Morrow. I guess for point of discussion to give the owner from my perspective where I see this thing going is that I do see a flow meter flow station mandatory to monitor the flow so it is both fair to the City and to the owners. I do see if a variance is to be granted from my perspective the requirement when the water line needs to be put in it gets put in and it doesn't hold up anybody because development is well underway in that particular area. I think those things need to be addressed so the delay is (inaudible). That is my position. Corrie: Any further comment of Council? Rountree: I would agree with that summation if we were to act favorably on the variance request those would be the minimum conditions. Morrow. Mr. Mayor with that, I would moue to that we instruct the City Attorney to prepare findings of fact and conclusions for the variance requested by Builders Masonry Products. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to direct the City Attorney to draw up findings of fact and conclusions of law for the variance request by Builders Masonry Products, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: AII.Yea ITEM #8: CONDITIONAL USE PERMIT FOR A TAEKWANDO SCHOOL BY JOHN AND BECKY SCHIEBOUT: Corrie: Would John or Becky or their representative come up first. Is there anybody from the Taekwando School here? Morrow. Mr. Mayor that being the case I would move that we table to our meeting February 18. 0 MERIDIAN CITY COUNCIL MEETING: February 4 1997 APPLICANT: BUILDERS MASONRY PRODUCTS ITEM NUMBER; 7 REQUEST: PUBLIC HEARING; REQUEST FOR A VARIANCE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. WI! LiAM 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 L. STILES, P & Z Administrator 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 (208) 888.4433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: January 28, 1997 TRANSMITTAL DATE: 1/20/97 HEARING DATE: 2/4/97 REQUEST: Variance for Builders Masonry Products BY: Builders Masonry Products LOCATION OF PROPERTY OR PROJECT: 1300 East Franklin Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 I= 8 0 ?t )fir ; NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PEAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES OTHER:! �i / ^ ` , / ` 9 n YOUR CONCISE REMARKS: 4- NJLe e Y i s 4.) Iv -e— R t'�' rJ f•d -/'r c. f ke o G k_ ** TX CONFIRMATIOFf REPORT ** DATE TIME TO/FROM 03 02/04 09:57 1 208 888 4054 OFFICIALS WILLIAM G. BERG. JR., City perk JANICE L. GASS, Clry 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 L STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS. Fire Chief W.L. "BILL` CORDON, Poll @ Chief WAYNE G. CROOKSTON, JR., Attomey AS OF FEB 04 '9:58 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS G3 --S 00'51" 001 122 OK HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 8884433 • FAX (208) 887.4813 Public WorkuBudding Department (208) 887-2211 Motor VehickMfimm Liotese 0208) 888.4443 ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P K Z COMMI SIGN JIM JOHNSON. Chairman KEITH BORUP JIM SHEAAER GREG OSLUND MALCOLM MACCOY 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: January 28, 1997 TRANSMITTAL DATE: 1/20/97 HEARING DATE: 2/4/97 REQUEST: Variance for Builders Masonry Products BY: Builders Masonnt-Products LOCATION OF PROPERTY OR PROJECT: 1300 East Franklin Road _ JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT _MALCOLM MACCOY, PIZ MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) —JIM SHEARER, P2 -----ADA COUNTY HIGHWAY DISTRICT pV ��1E1, EI� _GREG OSLUND, P2 ADA PLANNING ASSOCIATION _KEITH BORUP, P2 CENTRAL DISTRICT HEALTH FEB 0 4 1997 _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C ROUNTREE, C/C SETTLERS IRRIGATION DISTRICTCITY OF AERIDIAN IDAHO _CHARLIE POWER CO.(PRELIM & FINAL PLAT' WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT CITY FILES _BUILDING DEPARTMENT OTHER: _FIRE DEPARTMENT YOUR CONCISE REMARKS: _POLICE DEPARTMENT __,CITY ATTORNEY 2 N -.,e i s C 11-1 rJ to tl L _CITY ENGINEER _CITY PLANNER GAJ O f ke S fe..-.r 7'0 G �I F/C7V.) )Cite C 1 c, rw „> s. Post -le Fax Note 7671 Dalt l -+q 7 ���► 1 To From COJDepL CO. - Phone ar Phone It Fax tiQaryo5q Fax BUILDERS � ��`�° 1111MASONRY Py�"�,�'"N February 4, 1997 Mayor and Meridian City Council City of Meridian 33 East Idaho Meridian, ID 83642 Re: Request for Variance (Item #7) Builders Masonry Products is requesting a variance from the "to and through" ordinance. I have reviewed the comments submitted by the Meridian Sewer Department, the Meridian Public Works Department, and Properties West, Inc. and have addressed each concern below. Meridian Sewer Department: 1. To hook up to the sewer system, we understand and are in agreement to pretreat the processed water before discharging to the sewer. An oil separator tank will be utilized in accordance with the City of Meridian pretreatment personnel. Meridian Public Works Department: 1. In reference to the sewer main installation in 1995 as part of the Five Mile trunk line extension to St. Lukes, the Meridian Public Works Department stated, "The applicant did not participate in the cost of the extension nor were they willing to aid in routing." From their comment, the Meridian Public Works Department implies we should have participated in the cost of the extension. This comes as a surprise to us. Builders Masonry Products was never notified of a requirement to participate in the cost for this sewer extension. Builders Masonry Products representatives also met many times with consultants retained by St. Lukes and with the former Mayor Grant Kingsford to find the best possible solution. During one of our first meetings, the consultants suggested running the sewer line directly across our property under the asphalt. After much discussion, we agreed to this if the construction could be finished before the beginning of our busy season. They stated this could not be accomplished within the set time frame. This project would have been extremely disruptive to our business. Apparently the consultants agreed, and rerouted the sewer line. 1300E. FRANKLIN ROAD • MERIDIAN, IDAHO 83642 • (208)888-4050 • Page 2 2. Builders Masonry Products also feels the coordination of the prior sewer line installation should have no bearing on the approval of this variance. 3. Meridian Public Works suggests that we be allowed to continue the use of the existing well for the production of masonry products only, and that we convert the office/warehouse and block plant to the city water system. Under this application for variance, our plan was to have the officelwarehouse area remain on well water and its existing septic system. Builders Masonry Products would make a decision to connect to city water and to the sewer system for the officetwarehouse area at a later time if the need exists. Demanding that we hook up to the city water when we already have an existing well for our facility is unreasonable and puts an undue financial burden on Builders Masonry Products for services that are not needed at this time. 4. Their final statement, "Although Builders Masonry Products wouldn't realize a great benefit from the City's water system, they would reap the benefits of the City's sewer system" is accurate and the reason we are requesting a variance. By connecting to the sewer system we would be able to wash our trucks on site and discharge processed water through the sewer system. The alternative would be to design a treatment and disposable system on site There would be no benefit for Builders Masonry Products to extend the water main across the property since we already have an existing on-site potable water well that is in good operation and for which capital investments have already been made. Properties West, Inc. 1. Builders Masonry Products has already stated that the hook up to city water is unnecessary for our purposes at this time. Stephanie Churchman Vice President 0 0 vvesz, inc. 1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208)345-7523 RECEIVED January 28, 1997 JAN 3 0 1997 Meridian City Council \i s i Qi 1R1:�]Dj[iN c/o Mr. Will Berg, Jr. W� i City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Variance hearing/February 4, 1997/Builders Masonry Products Dear Sirs: I would like to submit this letter as written testimony to be considered by the City Council in the matter of the request for a variance to waive a water line extension, fronting 1300 East Franklin Road. As a neighboring property owner and developer, I am not in favor of nor can I support Builders Masonry Products request for said variance. As a local developer I have always been required to extend services, i.e. water and sewer, as a condition of approval, to any project that I have undertaken. The "Notice of Hearing" for this meeting did not mention sewer line. Does that indicate that they are extending the sewer? If not, why not? Currently I am beginning the development process on property directly across from Builders Masonry Products on East Franklin Road. Extension of the sewer and water services will certainly be conditions of approval for my development and it would be onerous and unfair to grant Builders Masonry Products a variance of this standard condition and subsequently require Properties West Inc. to stand the entire cost of extending these services. Therefore, I respectfully request denial of this variance request. If you would like to speak to me for clarification or if you have any questions please don't hesitate to contact me. 7R pectfully submitted, X044-0 2� J n L. Barnes President JLB/ld WILLIAM G. BERG, JR., City Clerk ,/' ICE 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • COUNCR MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA OF ID CHG RLES M. ROUNTREE CITY MERIAN ENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888.4433 • FAX (208) 8874813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 8884443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF b; ERiDUN 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: January 28,1997 TRANSMITTAL DATE: 1120/97 HEARING DATE: 2/4/97 REQUEST: Variance for Builders Masonry Products BY: Builders Masonry Products_ LOCATION OF PROPERTY OR PROJECT: 1300 East Franklin Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C W ER DEPARTMENT EWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER YOUR 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(PRE IM & FINAL PLAT) INTERMOUNTAIN GAS(PRELJM & FINAL PLAT) BUREAU OF RECLAMATIONMMUM & FINAL PLAT) CITY FILES f\.H"i _ .1 111-� RECEIVED FEB - 3 1997 CITY OF MERIDIAN 30 January 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 1,='Afol 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Variance Request - Builders Masonry Products Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT "MRt14 PC: F%le - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk ,IANICE 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney is HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: January 28, 1997 TRANSMITTAL DATE: 1/20/97 HEARING DATE: 2/4/97 REQUEST: Variance for Builders Masonry Products BY: Builders Masonry Products LOCATION OF PROPERTY OR PROJECT: 1300 East Franklin Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIO & PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: REcEWED FE B - 4 1997 CITY OF MERIDIA1,11 01/28/97 16:00 $208 345 7028 10 LB INDUSTRIES is Z002 wes�, ir�c. 1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208)345-7523 January 28, 1997 RECEIVED Meridian City Council JAN 2 8 1997 c/o Mr. Will Berg, Jr. City Clerk MY OF j EHIDIAN City of Meridian 33 East Idaho Meridian, Idaho 53642 RE: Variance hearing/February 4, 1997/Builders Masonry Products Dear Sirs: I would like to submit this letter as written testimony to be considered by the City Council in the matter of the request for a variance to waive a water line extension, fronting 1300 East Franklin Road. As a neighboring property owner and developer, I am not in favor of nor can I support Builders Masonry Products request for said variance. As a local developer I have always been required to extend services, i.e. mater and sewer, as a condition of approval, to any project that I have undertaken. The "Notice of Hearing" for this meeting did not mention sewer line. Does that indicate that they are extending the sewer? If not, why not? Currently I am beginning the development process on property directly across from guilders Masonry Products on East Franklin Road. Extension of the sewer and water services will certainly be conditions of approval for my development and it would be onerous and unfair to grant Builders Masonry Products a variance of this standard condition and subsequently require Properties West Inc. to stand the entire cost of extending these services. Therefore, I respectfully request denial of this variance request. If you would like to speak to me for clarification or if you have any questions please don't hesitate to contact me. R pectfully submitted, 6r 964�� J nL. Barnes President JLB/ld JAN 29 '97 16:02 208 345 7028 PAGE. 02