2021-01-06 Tom and Diane Callison Bill Callisort
5126 N Botticelli Avenue ��ECEIVED �
Meridian , Idaho 83646 ✓(y,L�!/, e �� %�
JAN 0 6 2021
January 6 . 2021 CITY OF CME D� „I 3 zz IV, l'z��iuv s;7
CITY CLERKS OFFICEZ'r17t-j
Mr . Chris Johnson �� ��� / � c� �y � �-. _
City Clerk , City of Meridian r� 7
33 East Broadway Ave , Suite 104 �
Meridian , Idaho 83642
Subject : Proposed Vicenza North Subdivision H -202-018
Mr. Johnson :
I oppose the as-proposed new Vicenza North Subdivision . I ask that my reasons for opposition
be included as an integral part of the official record for the January 7 , 2021 hearing , and that my
recommendations be given serious consideration . Pursuant to public information law, I request a full
copy of the hearing officer's report be made available for download and public review.
i he opposition discussed in this letter is to the proposed rezoning of the 63 . 56 acres , specified in the
hearing notice . However, it also applies to the apartment complex shown in the November 30
neighborhood meeting notice .
1 . The City of Meridian proposes to rezone 63 . 56 acres to provide for the development of the
subject Vicenza North Subdivision . The proposed rezoning would provide for 169 single-family
residential building lots , six commercial building lots , and eight common lots for unspecifiea uses .
2 . On December 3 , 2020 , my wife and I received a letter from NV5 Senior Planner Bonnie Layton
announcing a virtual , Zoom "Vicenza North Neighborhood Meeting I1 . " Page 2 of the notice shows
an apartment complex on the parcel east of San Vito Way , eastward to Walmart . The number of
acres involved is unspecified . We have been apprised , however , that no specific apartment
development proposal has been submitted .
I am an interested party who definitely will be harmed should the City of Meridian approve the
currently proposed new Vicenza North Subdivision and the development of any apartment complex.
0) My home is located about 300 feet from the southern boundary of the proposed new Vicenza
North Subdivision , and not more than 100 feet away from where an apparently envisioned
apartment complex might be developed along San Vito Way .
-40 1 am not a no -growth or an anti - development proponent . And , I harbor no ilkwill for the developer
Mr . Mike McCullam , despite his apparent disrespect of the current residents who are suffering
harm from unresolved problems in his existing subdivisions .
No one is under the illusion that the proposed Vicenza North Subdivision will be stopped . However , it
is reasonable to expect that the Vicenza North Subdivision proposal be amended to consider the
concerns and objections of the current subdivision residents . Many current residents have vested
economic and life -style interests , having relied on the developer' s representations when they made
home purchase decisions . Therefore , they have a reasonable expectation that their vested interests
will not be taken away capriciously or surreptitiously .
Transparency is vital for ensuring that aggrieved parties can pursue needed and appropriate
remedies . Though governmental laws and regulations and institutional rules cannot impose moral
requirements , they can and do establish requirements and restrictions crafted to prevent harm to
others . The public has a reasonable expectation that governmental agencies will enforce the law to
ensure that the developer fully meets existing development laws and restrictions; and, that he does
everything he says he will do in his plans and as indicated in the accompanying engineering report.
7// _
Page 2-Bill Callison Testimony Re , Vicenza North Subdivision H -202-018
The City of Meridian ' s September 2020 updated Ordinance No . 20 - 1886 states : "Applicants for
applications requiring a public hearing are required to hold a neighborhood meeting to provide an
opportunity for public review of the proposed project prior to the submittal of an application , except a
neighborhood meeting is not required for city council review , a vacation , and /or short plat . "
( Emphasis added . )
The proposed Vicenza North Subdivision does require " a public hearing . " Thus , the " application "
made by WHPacific/NV5 required a neighborhood meeting "to provide an opportunity for public
review . " Interestingly , the ordinance requires the neighborhood meeting be held " prior to the
submittal of an application . "
The City 's proposed rezoning notice indicates that a "(Virtual) Neighborhood Meeting was conducted
on August 13, 2020 by Bonnie Layton .
WHPacific , now NV5 , did attempt to hold a neighborhood meeting on August 13 , 2020 . This might
have been in violation of the Ordinance , as WHPacific had already applied to the City Planning
Depart for rezoning to provide for the development of the Vicenza North Subdivision .
Prior to the August 13, 2020 `meeting, ' an email message was sent to Ms. Layton elaborating
questions that needed to be addressed. (ATTACHMENT 1 ) Regardless , that ` meeting ' was , in fact ,
not a meeting . It was a totally failed, farcical attempt.
0 There was chaos and the WHPacific representative Bonnie Layton told the residents who called
in that she would schedule another meeting . She did not do that .
ATTACHMENT 2 is the follow- up email message I sent to Ms . Layton ,
M Residents complained to the Planning Department , which then required WHPacific [ NV5] to
schedule another neighborhood meeting . That meeting was scheduled and held on December 8 ,
2020 . The City also changed its previously announced public hearing date from December 17 ,
2020 to January 7 , 2012 .
M My understanding is that the December 8 , 2020 meeting was quite contentious—and that NV5
representatives were defensive and disrespectful . Resident complaints about existing problems
and concerns about take-aways , increased traffic , swimming pool , landscape irrigation , and
increased residential density were dismissed . Residents were told that NV5 does not have a
responsibility to document resident concerns and to report them to the Planning Department .
Presumably, they will report them to themselves and the developer.
Here are my reasons for opposing the specified rezoning proposals :
1 . The existing landscape irrigation system is inadequate to meet existing residential and common
area demands .
0 Issuing more building permits to builders for lots in the developer' s already City approved
subdivisions will exacerbate the persistent irrigation system fails , including frequent system
` outages ' and low water pressure problems .
oApproving the proposed rezoning to allow the development of the Vicenza North Subdivision
will exacerbate and make intolerable the existing irrigation problems . There will be
considerable new common area lawns , shrubs , and trees ; and , every lot sold by the developer
to a builder will add landscape irrigation demand and pressure on the existing , inadequate
system .
oThe landscaping firm currently employed by the developer is inattentive to irrigation
problems, including failed irrigation (insufficient and over irrigation) and broken sprinkler heads
in the common areas . Typically , a resident must call the landscape supervisor to inform him
when the pump is off. (The following picture shows a common area where the landscaping
may have died due to several consecutive high temperature summer days . )
Page 3— Bill Callison Testimony Re , Vicenza North Subdivision H -202-018
444
he following picture shows an ornamental pear tree in the same area , which the wind
slew over after subseauent overwatering in the same common area . That overwatering
Nouid have caused water intrusion into the adjacent two rear yards . And , after several
months , nothing has been done with the tree .
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he MGM Association Management (MGM) business entity is the de facto agent of the
developer i. e. the developer is the HOA . He controls MGM . Therefore , the developer is the one
who is hiring the Landscaping firm and he is the one who has whatever control over it he
chooses to exercise .
x MGM is generally unresponsive to or dismissive of complaints by current residents . Given
that MGM is the developer' s agent , MGM ' s unresponsiveness reflects the developer' s lack of
interest . Attached is an email message personally sent to MGM regarding several consecutive
days without irrigation in a common area across the street from my house . (ATTACHMENT 3 )
oWill there be a separate HOA for any apartment complex that might be proposed ? There
should be , as the individual apartment residents should cover the complex 's landscape and
other maintenance costs . Furthermore , the high number of residents should not exercise any
influence over the residents of single-family homes now covered by the current HOA .
2 . Approval of the Vicenza North Subdivision , which includes elimination of the park lawn area east
of the irrigation reservoir, will eliminate 114 or more of the advertised, touted 10-acre `park. '
Arguably , current residents who made their house purchase decisions based on the ' park' area ,
have a vested , legal interest in the elimination of a significant part of it .
o Residents that live in homes that back up to the eliminated park area will lose the quiet , privacy ,
and views they currently enjoy .
M. Furthermore , it would negate construction of a second large swimming pool in that area .
Page 4—Bill Callison Testimony Re . Vicenza North Subdivision H -202-018
oThe single tiny swimming pool is inadequate to meet the needs of current residents. Just to
satisfy the needs of the current residents , a second , large swimming pool should be constructed .
oThe proposed development will add upwards of 500 more residents who may wish to use the
existing poo !,
i his December 31 , 2020 email message was sent by NV5 Senior Planner Bonnie Layton :
Vicenza North - Neighborhood Meeting #2 Follow Up
" Thank you for your participation in the neighborhood meetings we have had regarding
Vicenza North . As a follow up from our last meeting held on December 8 , 2020 we are writing
to let you know that we summarized your comments and provided them to the owner . We also
let the city planning department know that there were a number of comments raised about the
50 ' wide lots instead of 70 ' wide lots . We let the owner know that there were concerns about
open space and the size of the existing pool . He notified us that , since the first neighborhood
meeting , one of the residents had reached out to him and that he was working to finalize plans
for a second pool . To address these concerns the owner has informed us that a second pool
will be built . "
Current residents are pleased that NV5 says that the " owner" will build a second pool . However ,
NV5 does not control the "owner" and the stated commitment is considerably lacking in specifics
as to pool location , size , parking , and other amenities . The "owner" should be required to submit
to the Planning Department a clear commitment to build a second large swimming pool and to
work with current residents in the location and design of the pool.
3 . Documented high ground water levels in some areas, combined with low water percolation rates
and overwatering in common areas has caused swampy yards and subfloor water ponding for
several current residents.
m The same problems will exist in areas of the proposed Vicenza North Subdivision .
o The proposal states that the developer will establish sumps or reservoirs into which excess
water can be drained . Drainage solutions absolutely should be required in any areas where high
around water levels and low percolation rates have been documented .
o The only ' sumps ' are the drain grates along the paver covered streets and small drain strips
along subdivision peripheral streets . The residential street ' sumps ' are not connected to any
drainage system . They only allow water to move from streets to a void , where it is expected to
percolate into the ground below . ( Picture below)
a On West Milano Street 'drain ' are placed on the high side of the street where they are only
slightly effective as a pick- up point for water drainage . The picture below shows an area in front
of 3801 West Milano Street where water piles up from runoff and rain . The same thing happens
in front of 3933 West Milano Street . To date , the problem persists. The developer has been fully
aware of this infrastructure problem since 2017 . He , not the Ada County Highway Department
should be responsible for correcting it .
Page 5—Bill Callison Testimony Re . Vicenza North Subdivision H -202-018
® Overwatering in common areas creates swampy conditions in residential rear yards and
runoff water collects into the small drain strips along San Vito Way where it stands the for
several hours . ( Picture below)
4 . Currently, there is a single cement truck washout site , located at the point where San Vito
Way currently terminates and at its junction with N Gondola Street. Thus , cement trucks are
traveling from work sites south of McMillan and from west down Gondola near Black Cat for
washout . Current residents along the west side of San Vito Way have been subjected to the
noise and cement truck traffic from early in the morning until late evening for the past five years .
It is long past time for the addition of a washout site near Black Cat , and for the existing washout
site to be moved to the development south of McMillan .
5 . The new Vicenza North Subdivision and any future multi-level apartment complex between
Walmart and San Vito Way will extend and exacerbate the traffic and associated nuisances,
likely for another four to five years. As it is , heavy truck and vehicle traffic is noisy and dust
generating .
* Patio furniture gets dirty , and the privacy and peaceful use of patios is disturbed . Two years
ago , the rumbling of heavy trucks eventually caused one of our expensive crystal keepsake
wine glasses to fall off its rack and break .
* Some traffic noise and nuisance was expected and acceptable while construction was taking
place on nearby lots , but it now has migrated to areas where access to construction sites could
be made from Black Cat .
. If, over the objection and opposition of current residents , the proposed Vicenza North
construction project is approved : ( 1 ) Street access for construction traffic should be limited to N
Vicenza Way and ( 2 ) Tall evergreen trees such as arborvitae trees should be planted
sufficiently close together along the east side of San Vito Way to create a sound wall.
Page 5-13ill Callison Testimony Re . Vicenza North Subdivision W202-018
OVERARCHING RECOMMENDATIONS .
; . Make available a cony of the hearing officer's report available for download and public review.
2 . Require the developer to post a five-million-dollar ($5, 0002 000) performance bond. This bond
would be to ensure proper resolution of the high ground water level , water percolation , and drain
water problems identified in the engineering report ; and , that he will do everything he says he wiii
do in his Vicenza North Subdivision application .
3 . Amend the City of Meridian 's September 2020 updated Ordinance No . 20- 1886 to establish
i neighborhood meeting requirements that are practical and that benefit all the interested and affected
parties, including residents, the developer, and the City Planninq Department. Improved
neighborhood meeting requirements might facilitate the resolution of development concerns and
problems , thus reducing the number of hearings . Likely , neighborhood meetings and public hearings
would run more smoothly .
* Ostensibly , the City' s ordinance requiring a neighborhood meeting is to provide for public review
? nd input . However , it is not functioning as valid and reliable planning tool . It does not require
applicants to collect , document , and report- back concerns and impacts , either to the interested and
affected persons or to the Planning Department .
* In addition, the Ordinance only requires the applicant to notify "property owners of record within
500 feet of the boundary of the application property. " In the case of the proposed Vicenza North
Subdivision , every resident currently living in one of the developer' s existing subdivisions is affected .
SECIFIC CONCLUSIONS AND RECOMMENDATIONS .
1 . There are persistent, serious irrigation infrastructure, and irrigation and landscape
management problems.
* The developer is aware of but has not corrected these problems .
* Existing problems will be exacerbated by further house building in already approved subdivisions
and by approval of additional development projects .
RECOMMENDATIONS .
( 1 ) Inform the developer that the issuance of additional building permits will be halted on July 1 ,
2021 unless the existing irrigation and landscape management problems are fully corrected by
June 30, 2021 . [This might require that the developer obtain the services of a new landscape
contractor who can and will perform the needed landscape watering and maintenance services . ]
( 2 ) Require the developer to correct, by June 30, 2021 , the persistent drainage problems on the
south side of West Milano Street at 3801 and 3933 West Milano Street. Otherwise, by the same
deadline, the ACHD should correct the West Milano Street drainage problems and bill the developer
for its costs.
2 . Current residents along San Vito Way and West Gondola Drive are suffering noise and dust
created by heavy equipment and worker traffic, and concrete truck cleanout operations related
to new construction in the developer's already approved subdivisions.
RECOMMENDATIONS .
(a ) Require the developer to eliminate the cement truck cleanout area at the end of San Vito Way
and create a new cement truck cleanout either in his subdivision south of West McMillan Road OR
in his subdivision south of West Gondola Drive, near North Black Cat Road.
( b ) Restrict the proposed new Vicenza North Subdivision construction traffic to N Vicenza Way.
(c) Plant golden arborvitae or similar columnar trees not more than five feet apart along the east
side of San Vito Way to create a sound dampening wall.
Page 6—Bill Callison Testimony Re . Vicenza North Subdivision H -202-018
3 . Current residents have vested interests in the existing amenities of the subdivisions
within which they live . Current resident vested interests in the swimming pool and 10 -acre park
will be exacerbated by approval of the Vincenza North Subdivision and the development of an
apartment complex behind Walmart .
o The existing swimming pool is too small to meet the use needs of existing residents .
o Approval of the Vincenza North Subdivision will take away part of the lawn area in the park .
o Current residents are pleased that NV5 says that the "owner" will build a second pool . However ,
NV5 does not control the "owner" and the stated commitment is considerably lacking in specifics
as to pool location , size , parking , and other amenities .
RECOMMENDATION.
1 . Require the " owner" to submit a letter to the City of Meridian ' s Planning Department agreeing :
(a ) to build a large swimming pool and
( b ) to work with current residents as to the pool ' s location , parking , size , design , and amenities ; and ,
as to the size and amenities of its clubhouse . Otherwise , the " owner" should not be allowed to
remove any part of the park area around the existing pool .
Hopeful for favorable consideration ,
Bill Callison
Mobile phone : ( 916 ) 276 -6443
Email . cconsultations@comcast . net
. c
The Honorable Robert Simison
Mayor , City of Meridian
33 E Broadway Avenue
Meridian , Idaho 83642
ATTACHMENTS
Page 7— Bill Callison Testimony Re , Vicenza North Subdivision W202-018
ATTACHMENT 1
8/ 12 /20 Email re . New Ten Mile Road Subdivision August 13 Neighborhood Meeting
to : blayton ( whpacific . com /cc : tobrien whPacific . com
This is Bill Callison . My wife Renee and I live in the Bridgetower West ( Bridgetower
Estates ) subdivision , which is adjacent to the proposed new Ten Mile subdivision . We
have a number of relevant ., significant questions :
1 . Who is the developer?
2 . What will be the source of irrigation water for the home landscaping ?
3 . What road will be used for construction equipment , workers , and other construction
traffic? Where will cement truck drivers clean out after pours ?
4 . Will the park off San Vito way be impacted ?
5 . Is a swimming pool be included on the subdivision , or is it contemplated that new
residents will have access to the existing Bridgetower swimming pool at the park?
ATTACHMENT 2 ( Bracketed [ ] material has been inserted at the time of this writing . )
Ms . Layton , this is a follow up to the pre - meeting message I sent to you on August 12 .
Here is my telephone number : ( 916 ) 216 -6443 .
Just to be perfectly clear , the current residents of the various phases of
the Bridgetower West ( Bridgetower Estates ) development by Mr . Mike McCullam dba
Bridgetower Investments , LLC are thoroughly disgusted with the deceptive and
irresponsible way he is managing his business . He is the developer and de facto HOA .
The current residents are ready to petition the City of Meridian to put a moratorium
on the issuance of new building permits until Mr. McCullam resolves all the current
issues .
The questions in my August 12 email relate mostly to the poor maintenance of the
common areas , unreliable and low irritation water pressure , the lone , tiny swimming
pool , and the largely incompetent MGM property management company he [the
developer] is using .
To illustrate the unacceptable common area maintenance and incompetent MGM
property management , the lawn , shrubs , and trees in the common area across the
street from my home were dying this past week due to a lack of water . Several
neighborhood residents notified MGM . The only response was that they were again
working on what has been a chronic and persistent 4-year long water supply and
pressure problem . I , a 79 -year- old man , had to take a hose across the street to water
the trees . A neighbor who is a recent open - heart surgery patient finally discovered that
the batteries in the timer [ controller] were dead . He purchased and installed new ones .
In the meantime , we manually opened and closed the irrigation valves to save the
lawn , shrubs , and trees . [The landscaper' s supervisor admonished us for manually
operating the system , disputed our assertion that the landscape materials were dying ,
and threatened to stop conversing with us if we didn ' t stop disputing his conclusions .
Incidentally , I suspect that I have forgotten more than he ' s ever known . ]
Page 8— Bill Callison Testimony Re . Vicenza North Subdivision H -202-018
New homes are being built at a rapid pace , putting additional demand and pressure
on the inadequate and unreliable irrigation system . Now , approval is being requested
for another development that apparently will rely on the same irrigation water system .
Presumably , the eventual residents of the proposed new subdivision also woula nave
the use of the single tiny swimming pool . Minimally , just to satisfy the needs of the
current residents , a second , large pool must be constructed .
Finally , a more competent and effective management must be acquired and held
accountable .
These issues must be appropriately addressed before the City of Meridian puts its
imprimatur on and further development .
ATTACHMENT 3
7/31 /20 email to MGM Management Association
This is Bill Callison . I live at 5126 N Botticelli Avenue , Meridian . I ' m in the Bridgetower
West subdivision ( Bridgetower Estates ) . I consider your 7/31 /20 irrigation update to be
flawed and misleading . First , the water source is the pond behind the swimming pool
on W Gondola Drive .
The low pressure problems emanate from mechanical , water level maintenance . and
management problems at the pond .
1 . The water level is low and apparently not been maintained by supplying water from
Settlers Irrigation . Someone needs to be responsible for monitoring the pond water
level and ordering water as needed .
2 . There are is no aeration system in the pond . This results in the growth of algae and
other system clogging aquatic plant life . This can cause pumping failsafe shutdowns ;
and , it might eventually even damage the pumps themselves .
3 . Your ` Separate Note ' concludes stating : " This time of year , filters need to be cleaned
once a week because of debris in the ditches . " Who ' s kidding whom ? There are no
ditches . Water is pumped direct from the pond ( reservoir ) . Any junk in water lines
comes from inadequate water management . It is irresponsible for such poor
management to create a need for weekly filter cleaning . There should be no need for
more than a fall shutdown and spring start- up filter cleaning for homeowner irrigation
systems .
I