Z - 2020-09-30 Planning repy to Public Forum Question on fence City Council Meeting 9-15
Charlene Way
From:Sonya Allen
Sent:Wednesday, September 30, 2020 8:39 AM
To:Adrienne Weatherly; Charlene Way; Chris Johnson
Subject:FW: Bainbridge #7 - Noise Abatement along SH 20-26/Chinden
Attachments:17-193 Chinden Exhibit_2020-9.pdf; 2020-08-18 Regular.pdf
From: Sonya Allen
Sent: Tuesday, September 29, 2020 4:10 PM
To: citycouncil <citycouncil@meridiancity.org>; 'Robert Simison' <rsimison@meridiancity.org>
Cc: 'Caleb Hood' <chood@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Bill Parsons
<bparsons@meridiancity.org>
Subject: Bainbridge #7 - Noise Abatement along SH 20-26/Chinden
Mayor & City Council,
This email is in follow-up to Mr. Jonathan Walker’s testimony during the public forum at the Council hearing on August
th
18 in regard to the noise abatement (i.e. a berm/fence) constructed in the street buffer along SH 20-26/Chinden Blvd.
in Bainbridge Sub. #7. Mr. Walker believed the berm/fence was not constructed in accord with the standards in UDC 11-
3H-4D, which require the top of the berm/fence to be at least 10’ higher than the elevation at the centerline of the
adjacent state highway. After receiving an as-built drawing from the surveyor, it’s been confirmed that it does not meet
the minimum height requirement – it ranges from 7’ to 8.5’+/-. Staff has notified the developer (Brighton Development)
of the options to remedy this issue (see email below).
Thanks,
Sonya
From: Sonya Allen
Sent: Friday, September 25, 2020 9:43 AM
To: 'Jon Wardle' <jwardle@brightoncorp.com>; Kameron Nauahi (knauahi@brightoncorp.com)
<knauahi@brightoncorp.com>
Cc: Bill Parsons <bparsons@meridiancity.org>; Caleb Hood <chood@meridiancity.org>
Subject: RE: Bainbridge #7
Jon,
Because the berm/wall as constructed is not consistent with the approved landscape plan and doesn’t comply with UDC
11-3H-4D.2, which requires the top of the berm/wall to be a minimum of 10’ higher than the elevation at the centerline
of the state highway, you will either need to reconstruct the berm/wall to comply or apply for Alternative Compliance
(ALT) as set forth in UDC 11-3H-4D.4. If applying for ALT, please reference the specifics for such requests in UDC 11-5B-
5B.2, 3 and address how your request meets the Findings for such in UDC 11-5B-5E.
Because the non-compliance issue negatively affects adjacent residents and we’ve had several complaints, Staff will
likely not be able to make the Findings for approval of Alternative Compliance. If not, your recourse is to request City
Council review of the Director’s decision as set forth in UDC 11-5A-
7 https://codelibrary.amlegal.com/codes/meridianid/latest/meridian_id/0-0-0-8233.
1
Please let me know if you have questions or would like to discuss further.
Thanks,
Sonya
From: Jon Wardle <jwardle@brightoncorp.com>
Sent: Thursday, September 24, 2020 10:23 AM
To: Sonya Allen <sallen@meridiancity.org>
Subject: RE: Bainbridge #7
External Sender - Please use caution with links or attachments.
Sonya,
Here you go. On the lot side where we built the retaining wall, there is more than sufficient height because the finished
lot grade is much lower. The asbuilt survey shows the centerline is now higher with the completion of Chinden, so it is a
bit lower than original design. I have Kameron looking at this to see how to address, if you believe we need to. Let me
know how you want to proceed with this. Thank you for your patience.
Jon Wardle
BRIGHTON – Creating GREAT Places
O: 208.378.4000
D: 208.287.0518
C: 208.871.9361
E: jwardle@brightoncorp.com
From: Sonya Allen <sallen@meridiancity.org>
Sent: Wednesday, September 23, 2020 9:36 AM
To: Jon Wardle <jwardle@brightoncorp.com>
Subject: RE: Bainbridge #7
Sounds good, thanks
From: Jon Wardle <jwardle@brightoncorp.com>
Sent: Wednesday, September 23, 2020 9:25 AM
To: Sonya Allen <sallen@meridiancity.org>
Subject: Re: Bainbridge #7
External Sender - Please use caution with links or attachments.
Yes I got it. I have limited access to attachments, but will send it over later today when I can connect to my server.
Jon Wardle
Brighton Development, Inc.
BRIGHTON – Creating GREAT Places
D: 208.287.0518
C: 208.871.9361
E: jwardle@brightoncorp.com
2
On Sep 23, 2020, at 8:53 AM, Sonya Allen <sallen@meridiancity.org> wrote:
Have you heard back from KM on the survey yet? We really need to get this issue resolved asap please.
Thanks,
Sonya Allen | Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
<image001.gif>
Built for Business, Designed for Living
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<image006.png>
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
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Meridian City Council
Item#2. August 18,2020
Page 2 of 50
Simison: Thank you, Rabbi Fink. Appreciate it.
Fink: Thank you.
ADOPTION OF THE AGENDA
Simison: The next item is --which is not on our agenda, but is the adoption of the agenda.
Bernt: Mr. Mayor?
Simison: Councilman Bernt.
Bernt: One thing we need to do is add to the Executive Session, which is Item 10, we
need to add Idaho Code 74-206-A-(1)(a), as well as -- oh, excuse me. It's (f).
Nary: Excuse me. 74-206(1)(f).
Bernt: (1)(f). Perfect. Did we get that? Okay. And then -- what's the other thing? The
second thing is that we need to switch Item 3 before Item 2. So, we will just switch those
two items for-- for our presentations this evening. Other than that, Mayor, I move that we
adopt the agenda as amended.
Cavener: Second.
Simison: I have a motion and a second to adopt the agenda as amended. Is there any
discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay.
The ayes have it.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
PUBLIC FORUM — Future Meeting Topics
Simison: Madam Clerk, do we have anyone signed up under public forum?
Weatherly: Mr. Mayor, we have one sign up, Jonathan Walker, to speak about sound
abatement barrier on Chinden.
Simison: Okay. Is Mr. Walker here? All right. If you would come forward and you can
-- you are recognized for three minutes.
Walker: Okay. My name is Jonathan Walker and I live in northern Meridian near Tree
Farm and Chinden, with the expanding highway.
Simison: And if you could state your full -- your address for the record.
Walker: 4102 West Silver River Street.
Page 28
Meridian City Council
Item#2. August 18,2020
Page 3 of 50
Simison: Perfect.
Walker: And so she's going to pull up some pictures. I just -- my concern is, basically,
about a sound abatement wall that was supposed to be installed behind our row of homes
and I don't think it was installed according to what they were supposed to build for sound
abatement purposes. I have got a lot of help from Mr. Hood and as well as Ms. Sonya
Allen. They have kind of helped me with -- to gather a lot of information. They have been
very helpful with this, but I just kind of wanted to kind of bring this forward. I'm trying to
get done whatever we can get done as soon as possible because of the traffic noise. So,
is there a way I can put a pointer on any of this or anything? So, up near the top what
you see is -- that's Chinden Road and these houses -- these -- these plots right here that
are right next to the road, that's where our row of houses are and so our backyards back
up to -- directly to the road there and from what I understand is -- is Brighton Corp built
this neighborhood and as part of their plat agreement they were supposed to build a
sound barrier that meets City Code 11-3H-4D, which is typically supposed to be a ten foot
barrier, but there can also be alternative means and they -- that's what they submitted to
the city. Could you go to the next slide? You just click on that next one. I mean it's free.
So, this was what was presented -- what they submitted to City Council and it had the
sound professional approved, said it would have -- it would work as an alternative and
what we see is this six foot wall and, then, this large four foot tall graded berm which is
graded to three feet of length for every foot of height. There is trees on both sides and
there is a 40 foot dedicated common lot between the lot line and the end of the sidewalk
-- the far side of the sidewalk and this is what residents were under the impression was
going to be built there and it looks very good and even said in the request that it was
going to be similar to the Rambo Subdivision, which looks almost exactly like this, which
is right next door. So, that's kind of what everybody was under the impression of. And
could we go to the next slide? So, that's what was actually built. As you see there is no
-- there is no berm, there is -- I guess in the future they could put some trees there, but,
essentially, it's online with the road. There is no berm that breaks line of sight or anything
like that and I think someone that looks at this picture is like, well, maybe that berm is on
the other side of the fence, because that doesn't look anything like what they submitted.
So, important to look at here is that fence right there, just --
Weatherly: Hold on just a second.
Walker: Sorry.
Hoaglun: Mr. Mayor, my apologies, but the slides -- we saw the first slide, but nothing
was changing after that, so --
Walker: Oh.
Hoaglun: Definitely -- definitely want to see it, Mr. Mayor and Mr. Walker. Mr. Mayor and
Adrienne, yes, now -- now we can -- now it changed to the second one, so --
Page 29
Meridian City Council
Item#2. August 18,2020
Page 4 of 50
Walker: Okay. But you can see on there it basically said there was going to be a 40 foot
dedicated common lot, which the sound person said that was important, the distance.
Also the height of the berm there and that the fence would be at the top of this berm,
which would be above the retaining wall you see there on the lot line on the right. And,
then, so if you go to the next one. I said there -- you see there is no berm that goes higher
than the level of the road. There is none of that landscaping. The -- the distance I think
they said in the form was going to be 56 feet from the edge of the roadway to the lot line.
It's -- it's about 30 feet. So, it's almost half of what they said it was going to be and, then,
if you go to the next slide, just so you can see, this is from inside the yard. So, you can
see that there is no berm there that they were supposed to build on top of that and just to
be clear, where that fence line is on top, that's where the vehicles are. So, it's like they
drive by at eye level. It's not like they are on the other side of that wall right there, because
this is kind of recessed into the ground. So, the vehicles are right up against that -- will
be driving right up against that wood fence there and there is -- there is nothing blocking
them at all, but that berm was supposed to be there. And, then, I have a video next. I
don't know if you can play that or not. And that's -- that's the berm right there that was --
I mean that's all that they put there when it was supposed to be this 12 foot wide, four foot
high rolling berm with landscaping on both sides of it for sound abatement and I think that
everyone just -- we were kind of under the impression that -- that something was going to
be built similar to what's next door in Rambo and all the other -- and every other -- on the
southern side of that road every other residential area has a hardshell wall for sound
abatement and we are the only one -- it's a thousand foot stretch and we don't and we
would really like them to build it -- build a hardshell wall, because they, obviously, didn't
build what was approved by the sound engineer.
Simison: Thank you, Mr. Walker, and appreciate your help and understanding as we walk
through the technical difficulties. I think the Council understands. Unfortunately, the
public forum there is no comment or back and forth at this point in time, but, hopefully,
that was explained to you, but it's been shared and we have received it and I know staff
is aware of the issue --
Walker: Yeah.
Simison: -- and the community development.
Walker: All right. Thank you.
Simison: All right. Thank you.
Walker: Thank you for your time, everybody.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Page 30
Meridian City Council
Item#2. August 18,2020
Page 5 of 50
Cavener: I guess a question about process. I don't know if this is something that is a
potential future meeting or something that's happened -- going to be addressed more
administratively.
Nary: So, Mr. Mayor, Members of Council, I can tell you I -- I have been involved in some
of the conversations with Planning and this project hasn't been final approved yet either.
So, it's still an active construction area because of the roadway. I don't know if the
roadway impacted some of those changes or not, so we will work with Planning and
probably have to come back with you to update you on what the progress is.
Simison: And that likely would -- Mr. Nary, could be accomplished through an e-mail or
other measure.
Nary: Absolutely.
ACTION ITEMS
1. Public Hearing for City of Meridian Fiscal Year 2020 Amended Budget
Simison: If there is no Council action, which is required or available. All right. Moving on
to Action Items. We will turn to our first action item, which is a public hearing for City of
Meridian Fiscal Year 2020 amended budget and I will turn this over to Mrs. Fields if she
is with us.
Fields: Right here. Thank you, Mr. Mayor, Members of Council. Thank you for having
me on Zoom tonight. I'm going to share my screen. Let me know if you see it. Okay.
So, I'm here to present to you our fiscal year 2020 amended budget. This is our public
hearing. Tonight I am going to go over our three major funds with you. General Fund,
Capitol Improvement Fund and Enterprise Fund. We are going to stop and take any
questions and answer any questions. Our public hearing is tonight. And with the closer
of that we will ask Council to approve our fiscal year 2020 amended budget. So, that --
Borton: Jenny?
Fields: Yes.
Borton: Could I jump in with one quick question?
Fields: Of course.
Borton: Maybe a comment, but the image over your left shoulder is just outstanding.
Fields: What image? Oh, my God. Thank you.
Borton: I love it.
Page 31