Myall, Tom~ . -
MERIDIAN CITY COUNCIL MEETING: JUNE 6.1995
APPLICANT TOM MYALL ITEM NUMBER; 8
REQUEST; REQUEST FOR A WATER HOOK UP
AGENCY ~ COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR: Td
~~
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:
All Materials presented at public meetings shall become property of the City of Meridian.
~~~~~~~
Barbara & Thom Myall ~GIT~' ~F l~fF~ll~lA~i~
6227 Marlborough Dr.
Goleta, CA 93117
805-683-1771
June 2, 1995
Grant P. Kingsford, Mayor
Attention: William G. Berg, Jr., City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Dear Mr. Berg:
As required by city ordinance, we are requesting pre-approval to connect city
water to our residence at some time in the future, if necessary. The residence is
located in Ada County at 1470 North Locust Grove Road, Meridian, Idaho. A
Meridian City Water Meter attachment is in place on our property.
Thank you for considering our request.
Barbara C. Myall
%~
Thom E. Myall
.~ .. `. SUMMER ...
~T 1 LD WY. ly }
a` - - SUMMER ~~ -? r '°'~4j ::x v; ~ ~ *''n .~~ ~. _-..
U RD. USTI RO.~~•~L • i ~ PLACE CT'! ~7w! 1 ~ ~ .. ~y •~ t+~ ~' jBitO
EASTBRQp( CT. ~ ~~ NECK C
• ~
< sHA~~ T. ~ J g I1T xs ~' _ `~ ~~ `f,~~ s '~ ~'~ 4
3r eLflRMY DR. W a ~ y.;~ ~ ~ ~ ~ e ~+';~; ~ n a
'_ l.~y COUGAR 5~ uWi •{ irks -.v~+ s~ t~ ,~+z,.r ~' ~r, ~
_ ` ~ /yqy1~,,,,~ yy,~~Q~`1~ CREEK OR. ~ F~ -'1K` J ;. ~ ~ "" ' ,r ~" ~ Paz„ rc P
i CUIRE ST. W ~ ~ E STQOy~ ` J ,yJ ~i yZ' ~ EGE v • ~.r 'W' ~ ~ _F~ ~~„ -i ~~• a
?Y ° ~ . -
>~SS . PQ v a~ QY~ F. 0~ P~ ~ . ~ _~ -, ~tESLIE Q9 ~Y.
^~"+~ ~ < a GROUSE DR, v ~ RAS$<< >. .Z '` ~' atF ~ '~
WOOD 9 BURY OR. . OODB(/ Y < ~ Q ST. :~ '= I o,~o- a w
y~ <
.Q '` DR. ~' ?< BROWN BEAR oo m ~ ~ Ji O~ W W "..It•4 ~~ !sue ~ if -±; ~ fir, ~ •
W C 7, 2 HUNTER ~ DR. < ~ OJ. ~ L '~ ~"
< WATERBURr DR. BLUE HERON LN BLUE HERON SST. TOURMALINE ST. ~ L ~ ¢ a KATEL ~~ ~ ~ ~~ ~c # 4,.~~,^=
CHRISFIELD DR. 6 x > ST. SAPPHIRE RE MEA t m g' ; ' ~~ *~'> t t ~',~~.~ ~~:,,
3C ¢ < ~ JOSF~HSCH.PER ~ CT. > > >• I ?' n~'
~ gFFKVjF V P~Cf~i~ d > AU OR. ST. S p < w ~~~ r "e~ K' ya?k X ~~ ¢ .~'r.~~ct ~ -
117< WOq 0 ~ ~ < rgOG J M ,~ CHATEAU~3. ~~: ~, k' .~ . 7s d,~; ~~ ...~, ~'~~"tb"~' _ -
FFINY ~Ok'BR OR. JAMES COURTQR. < o m 9 ~'Z ~~ ~a < ST SE'PL ui > MEADOW +WO00~ ~ .~ a~~g ~y~~} ~
DR. CRAMER OR. ~< EL <F WILL N0. . ~ ~ < 3•' ~ • =~ ~` ~' "" ~' -
LDRGH~rD ¢ LLBRI~ E'3 ?BABA 09 ~CLAAENF' :- ST r- ~ 'CREST <. > ~ W 4 2 ~ ..+. - ~ ~- :~ ~•{~ ?~
Z W H N ~ Q ~ 7//~~ W ~;, <
9^ b ~ O i J GR W < < a ; ¢ ° H 8 ~ T DR. gPgICOTCT, + ti.~ ~ ' ~
p. ~'~` ¢ ~ ~ ~' 7AMMV ~ ~ U J J 2 GRAPE ti/ ~. - " ~ ~. ~ ~
C?W ?:Z DP. ~ `.g~ ST sT w CAROL ST. ~ x (~ WOOD DR. ryy 49L "dt+ rr, o ;.y `~, ~>~#`,'
FAIRVIEW AV. ~ O
OAIE FAIRVIEW AV `~ - ~ ^ '~~ ,
CHERRY LN. FAIRVIEW AV
~' PACK H 3 ¢ W ¢ WILSON IN ~ ~ ~J
~~3zZZ 2 W ~ J
PJO~~9c~ Ay' F O v~ EL ~ CROSSBILL STONEHE O > EWEI ST
P q+ O ~ ~ NO GRUBER AV q -
O'~ g MAPLE H V. BRADLEY AV 2 > ¢ F n Q~ ~if'(' ~ 2 TREASURE VALLEY t N~ `T~
9~ CHEA RY AV I¢NN MOTEL ~~ Z < -~ y~ H ~ ~v~w • ~ O BUSINESS CTR SUe_'
ul ~ rn W 41~~+QL ORUCKER 7L ~ ~L ~_ 1 j ST
= O _ ~~~~,,.,~p DR•
r = WASHINGT N ST.^ WASHI NGT N AV Fec ~ ~ K ~ ~
rn Ay ~ r WINSLOW HELlnBRCU ` PRES ~ E1SE~^'•"-
`^ ~ a AgITON w Ay Z _ ST. z p BU MAN CT.
MERIDIAN ~ pSHFOR ~ -
PLEGA PRIMARY C > SL DR ziy r _ i DR. YPRE 1
w SCH j STAT AV. W W y ~ a ~ ~ i3 ? 3 .. p _ ¢ 4C~f'
ITERION ST: SCH ADM ~ BLDG. C ~- r- S U Q~ uai O C ~ w _ ¢ ~ FILLMOi~ ~y
PINE Av. N rn y „~-, pINE Av ~ ¢ rn < a z 'PINE AV 8 ,, ~ W ~ i
WY. C7
IDAHO AV u-i ; ; IDAH AV ~ e IDA O AV 7 ~ ~ H ~ -
m~ .i
ROADWAY AV ¢ h y ~{ ~ BR DW Ar AV QW Y ~ ¢ '~ ,~,~'~~,
N N W j .- COMMERGAL CT ..~ ....-
RAIL ROAD ST, y UNION PACIFIC RAILROAD ~ tl ~ + ~ =::~
~ k
BOWER 3T. m 'W BONIER ST ~~. ~ ~'~ ~`~_.
ApA gT vi MERIDIAN LANARK ST xti ~°°Y
~UNARK ST r ;~
TArIOR AV y ~ KWG ST. a ..~ ~,~,;! ~., , -.
KING ST N O S - AGO MY !
N MERIDIAN ~ ~ _ ~ '- - - -
f, WILL TAMS ST. INDUSTRIAL < - ~ Tom. ~ -
FRANKLIN RD m 90 PARK m FRANKLIN D. ~ FRANKUN RO w ~ ~~¢ ~ '~ t " 3300 ~ ~ FRM
. `~ • 1800 ~- Q ~ = ~:: O a9 ~ STARDUST
S" = W
ARRETT ST T Gip ° z ~~ ¢ SPRING WOOD OR• ~ SPRING ~ ~ ; ~a O ~ STBA(
ULMER HOPE ARMS ~ ~i O ~ ~ ~ v~ QQ G
CT lN. ~~ ~) ¢ AUTUMNYW W AUTUMN ~ O
y ST >~ . ATERTOWER W .__.._ o g- m g
' ~ ~ a W g ~ e •, wr ` ~MO~NTVU~ - -Y WFMTE RIYf
ENNWOOO Pl. Z W - "'W ~j C O •
< ~ CENTRAL VALLEY _ ~ _ -
a ¢a ¢ ~ CO CORPORATE PARK o¢ O ~ M,1G~C x MAGIC VIEW pR I W ~~~~C
> ~ y RPORATE DR O OQ ~ C7 - Wp - _~
Qlu' $ o F cj~~ ~n 'l z W SS
~W y ¢ O f~ ,. q ~ GENTRY Wr
WHITMAN LN CF T aQ. qN4~ m y ~8 ~_~~(~ . J ~'T y~W ~-~ <
qq~ Oq ~ CENTRAL \~ i GDILUC DR ai '~"~ :. ~ ~-
~~,, DR BENTLEY AV ¢~ BENTLEY ~ < •
•~ f g C ~Ti,~, ~ MGR '. fr~~~ /
7 tiP
. '
ONrx ST
U
~••g//A~~NpMAN.. 6Y ¢ 3i W ~; - ~ .) ¢ _ pW
f. 1••~' ~' a7 OVERLAND RO ~ ~ • ~ ~ OVERLAN $0~ . ~~ • ~ ~ -
J
~~ Z r °zr t , WYa ; HE ~~
3 m3~S '1'Tj~ yQf ~+ R20 ST. ~ -
DAVENPORT DR, y9 ti?- ST. ~ ~ ~,~. _...
~. > = pUeP~ ~ O ~9S SMITH ~ PEACO = ST. ~•>\ •
G ¢~ U a r~oPCt ~ ~ y ,~NH~(T~FFIN STIF ~I' i CHAROLIAS OR
° sT `rj +~-c: ~F ~ Y ~ Tom Myall
LDERWOOD ~ o a CALDERWCOD OR T $I.Oq ~~pPt~ ~, vp I++= BE AGLE ST. •
Q 1470 N. Locust Grove
• ~ m W HRISTOPHERT° ~~~} 'y o~i~ A'9~F BLUE TICK ST.
1 m ~ p ST A,9 09 99f ~i ?' '9 W
< O q0 ~'O O ~'ii C1 a,9 9 GRIFFON ST Q I
J Sq( ti•N rr CT GP0 OG ~9 WEIMARANER a i
?~ ~ ~ Q •• <
? f95-E , ~JC;+A OR ~rti^rv w Z~I w
4taLtE CT - ~ _ n-
_ 1 •~ t'~I- - ~~~
~~
~c~nVo
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary
September 29, 1995
William F. Gigray III, Esq.
104 Ninth Avenue South
P. O. Box 247
Nampa, ID 83653-0207
Re: D & B Supply Co., Inc.
Dear Mr. Gigray:
I write as Attorney for the Ada County Highway District in
response to your letter of September 13, 1995, addressed to Larry
Sale. Please address any further communications regarding this
drain ditch problem to my attention.
ACHD's policies require that all developers of a particular
site locate all irrigation delivery and waste-water facilities
out of the public right-of-way as a condition of development of
the site.
In this case, the ditch in question served to drain irriga-
tion waste-water not only from several adjoining parcels, but
also from the parcel developed by D & B Supply Co., Inc. There-
fore, in accordance with ACHD's development policies, it was the
obligation of D & B Supply to relocate this ditch out of the
public right-of-way.
Rather than complying with this condition, D & B Supply
chose to relocate the ditch from the northern part of the right-
of-way of Wilson Lane to the southern portion of the same right-
of-way. This was done without any permission, authorization, or
even discussion with ACHD. The new location of the ditch unilat-
erally chosen by your client creates an unacceptable safety haz-
ard. It is ACHD's position that since your client created the
hazard, it is your client's responsibility to correct the hazard.
D & B Supply defends its actions on the basis that its plans
and specifications, "...clearly showed that the waste ditch was
proposed to be moved from the northern part of the right-of-way
of Wilson Lane to the southern part." Unfortunately, this is
simply not the case. A couple of the plans faintly indicate a
depression at the former location of the ditch. These plans do
not specifically call out that an irrigation ditch is present.
Further, the symbols used to show the ditch do not comply with
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7b80
~,
Letter to Wm. Gigray III
Re: D & B Supply Co., Inc.
September 29, 1995
Page 2
the legend symbols for a ditch. Also, the faint symbols are
almost entirely covered up by the bold new construction plans.
From these plans it is ,s imply not reasonable to expect a plans
reviewer to identify that an irrigation facility existed at this
location.
More significantly, there is absolutely no indication on the
plans of a proposed relocation of the ditch. The developer had
an obligation to show the proposed relocation on the plans.
Accordingly, even if the plans reviewer had noticed the inade-
quate markings for the ditch, the appropriate conclusion to draw
would have been that the developer intended to simply fill in the
ditch in that it was no longer necessary.
In short, there was no approval by ACHD or Meridian for the
ditch relocation and so your client's actions in relocating the
ditch were totally unauthorized and in violation of ACHD's and
Meridian's policies.
Based upon the above, ACHD renews its
gation waste-water facility be relocated at
Supply out of the public right-of-way.
complied with, ACRD will continue to recotru
Meridian that the occupancy permit not
advise the City by a copy of this letter.
demand that this irri-
the expense of D & B
Until this demand is
Wend to the City of
be issued and will so
Sincerely,
,ADA COUNTY HIGHWAY DISTRICT
i ~ i
i
4 ~
David E. Wynkoop,v Attorney
DEW:as
cc: Larry Sale
City of Meridian, Attn: Shari Stiles
Daniel V. Steenson
,~ . RINGERT
CLARK
LAWYER
ll
RECE~~E~
5 t f [ / ~yy~ William F. Ringen
D. Blair Clark
CITY OF MERIDIAN Je trek R. Chr stenson
lames P. I:au(man
Laura E. Burri
.911~•n L. S~~~eener
Patrick D. Fure~~
Michael 1. Doolinle
Da~~id Hammerquisl
September 2 6 , 19 9 5 Daniel v. Steenson
Sle~~en C. Maha((y
Samuel Kau(nlan 1192 I-19A6i
BY FACSIMILE AND MAIL
Mr. Will Berg
City Clerk
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: D & B Supply development - construction and
activity adversely impacting the property of Tom
and Barbara Myall at Wilson Lane
Dear Mr. Berg:
As we discussed by telephone today, this is to request that
the above-referenced matter be scheduled for consideration by the
City Council at its next regular meeting on Tuesday, October 3rd,
1995 at 7:3.0 p.m. at the Meridian City Hall.
Barbara and Tom Myall request that the City Council review
this matter and take appropriate action to correct certain
aspects of the D & B Supply development which are having a
detrimental impact on the Myalls' property located south of D & B
Supply on Wilson Lane. The following aspects of D & B Supply's
development continue to impact the Myall property and violate the
conditions of approval and Meridian's ordinances:
1. D & B's unauthorized relocation of an open irrigation
drainage ditch from the boundary of the D & B property and
the ACHD right of way for Wilson Lane to the frontage of the
Myall's property to carry irrigation drainage water and
storm water drainage off Wilson Lane;
2. D & B's refusal to pipe or the the ditch;
3. D & B's excavation and depositing of dirt on adjacent
lots, leaving a large unsightly area of exposed dirt which
has, on occasion, blown into the Myall's residence;
4. D & B's failure to provide adequate screening along the
southern boundary of its development, leaving the back of
the. building exposed to full view from the Myall's
residence;
455 South Third Street • P.O. Box 2773 • Boise. Idaho 83701 • 208/342-4591 FAX 342-4657
Mr. Will Berg
September 26, 1995
page 2
5. D & B's failure to enclose its trash bin located along
the south wall of its building and exposed to view from the
Myall's residence; and
6. D & B's storage of commercial materials in its parking
lot in open view from the Myall's residence.
I will appear on behalf of the Myalls, and will deliver to
you no later than Thursday of this Week ten copies of a letter
with documentation to be considered in connection with the
Myall's request. I have discussed this matter with Sherry Stiles
and Gary Smith, who have been involved in the City's review of
the D & B Supply development.
I am faxing a copy of this letter to William Gigray, the
attorney who represents D & B Supply, and to Larry Sale of ACHD,
to ensure that they have notice of our presentation to the City
Council.
Please contact me if you have any questions or require any
further information.
Yours very truly,
--.
Daniel V. Steenson
cc: Barbara Myall
William F. Gigray III
Larry Sale
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary
Jim Merkle, P.E.
Hubble Engineering, Inc.
9550 Bethel Court
Boise, Idaho 83705
West Valley Builders
P.O. Box 1056
Caldwell. Idaho 83606
Re: D&B Supply
Wilson Lane
Gentlemen:
July 19, 1995
After reviewing the situation regarding the reconstruction of Wilson Lane in conjunction with the
D & B Supply project, the following items must be corrected immediately:
1. Relocate the irrigation ditch out of the right-of--way of Wilson Lane.
2. Regrade the borrow ditch along the south side of Wilson Lane to District standards.
3. Provide an adequate driveway to the Myall shed.
4. Reconstruct the irrigation wasteway to the drain ditch across Locust Grove/Wilson Lane.
Do not cut the pavement of either street.
These items must be completed within ten calendar days. If they are not completed, I am
recommending by copy of this letter to the City of Meridian that the final occupancy certificate
for D & B not be issued.
Sinc ely,
L~~
~ S e
Development Services Supervisor
cc: Chron Barbara Myall
Project File Sheri Stiles
Engineering Services Gary Smith, P.E.
Director
Attorney
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
MERIDIAN CITY COUNCIL MEETING: OCTOBER 3.1995
APPLICANT: ITEM NUMBER; 15
REQUEST; BARBARA MYALL: CONCERNS ABOUT D 8: B SUPPLY DEVELOPMENT
AGENCY COMMENTS
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:
All Materials presented at public meetings shall become property of the City of Meridian.
' RINGERT
HARTT?RI?
LnWYR1~S
September 26, 1995
1+ rtl++v t'Imk
~:nt+t•~: u. wa+l
.4nlx•c 1 •. KHtln+.ui
1.1111'il 1:. Itllnl
Atlvn 1. ti'wconty
1'.ilrk'K IL 1'turv
AMt'I lix•1 1 I'ax)Ih Ik•
I$n1r) 1 kutu+x•rrpuw+
I ka+i+'I\' Vu rrtW n+
:ua•. a•n t. IH.d,,ul.
BY FACSIMILE AND MAIL
Mr. Will Berg
City Clerk
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: D & B Supply development - construction and
activity adversely impacting the property of Tom
and Barbara Myall at Wilson Lane
Dear Mr. Berg:
As we discussed by telephone today, this is to request that
the above-referenced matter be scheduled for consideration by the
City Council at its next regular meeting on Tuesday, October 3rd,
1995 at 7:30 p.m. at the Meridian City Hall.
Barbara and Tom Myall request that the City Council review
this matter and take appropriate action to correct certain
aspects of the D & B Supply development which are having a
detrimental impact on the Myalls' property located south of D & B
Supply on wilson Lane. The following aspects of D & B Supply's
development continue to impact the Myall property and violate the
conditions of approval and Meridian's ordinances:
1. D & 8's unauthorized relocation of an open irrigation
drainage ditch from the boundary of the D & H property and
the ACRD right of way for Wilson Lane to the frontage of the
Myall's property to carry irrigation drainage water and
storm water drainage off Wilson Lane;
2. D & B's refusal to pipe or tale the ditch;
3. D & B's excavation and depositing of dirt on adjacent
lots, leaving a large unsightly area of exposed dirt which
has, on occasion, blown into the Myall's residence;
4. D & B's failure to provide adequate screening along the
southern boundary of its development, leaving the back of
the building exposed to full view from the Myall's
residence;
4:'ii5tiu1111-•1•IIiIt1;Ut•t•1 • 1'.t).I;uX.;i7;i • litq:~t•.Itk11N-ti'i71)I •..'t-ti/:t~F'.!•1~~5)1 1~~1X.i4_--i(i5i
SEP 26 '95 16 43
12083424657
PAGE.02
03i26i95 17:36 '8` 4 4 RINGERT CLARK @l003i003
Mr. Will Berq
September 26, 1995
page 2
5. D & B's failure to enclose its trash bin located along
the south wall of its building and exposed to view from the
Myall's residence; and
6. D & B's storage of commercial materials in its parking
lot in open view from the Myall's residence.
I will appear on behalf of the Myalls, and will deliver to
you no later than Thursday of this week ten copies of a letter
with documentation to be considered in connection with the
Myall's request. I have discussed this matter with Sherry Stiles
and Gary Smith, who have been involved in the City's review of
the D & B Supply development.
I am faxing a copy of this letter to William Gigray, the
attorney who represents D ~ B Supply, and to Larry Sale of ACRD,
to ensure that they have notice of our presentation to the City
Council.
Please contact me if you have any questions or require any
further information.
Yours very truly,
Daniel V. Steenson
cc: Barbara Myall
William F. Gigray III
Larry Sale
SEP 26 '95 16 44
1208342465?
PAGE.03
wHiTE. PETERSON. P8US5. MO$BOW & GI(~RAY. P. A.
ATTORNEYS AT LAW
wM. F, GIGRAV, ~ 106 NINTH AVENUE SOUTH
OANIEL R. NAROEE POST OFF~C6 BOX 2a7
wILL1AM q, MORROW
CrIRtGTODMEA 9
NYE NAMPq, IDAHO 83 6 53-0 247 WiiJ1 offic6s also in
•
OMILIP A, PETEr+SON (208) '-a6-9272 (20 A) ggg.lag2 C;ALDWEL~, IOAMO
STEPMCN L. pRU59 FAX (209) a66-aap5
(20g) 654-8990
ERIC'S. RO55 MA N
TOOD q.ROSSMAN
TERRENCE R. WHITE
September 28, 1995
FA,CSIMILl3 TR~iNS1KISSION
208-887-4813
Mr. Will Berg
City Clerk
City of Meridian
33 E. Idaho
Meridian, ID 83642
Re: D & B Supply Co., Inc. Development Agreement with
the City of Meridian/Tom and Barbara Myall Request
Dear Mr. Berg:
The purpose of this letter is to follow up my telephone
conversations, as attorney for D & B Supply Co., Inc., with Gary
Smith and Will Berg which contact was in response to a copy of a
letter I received from Daniel V. Steenson dated September 26, 1995
requesting an audience with the City Council for his client
regarding the above-referenced natter.
Please be advised that D & B Supply Co., Inc.'s position
concerning the matter is set forth in my letter to Mr. Larry Sale,
Development Services Supervisor, Ada County Highway District, dated
September 13, 1995, a copy of w'llich is enclosed. I am also
enclosing a copy of a letter which Richard J. Tomlinson wrote to
Larry Sale dated July 17, 1995 which concerns the drain ditch along
Wilson Lane for your review.
Please be advised that my client's position is that they
are in full compliance with their development agreement and
conditional use permit. Because the Myall request involves matters
of a contractual relationship between my client and the City and
may also involve matters of the conditional use permit, these
questions invoke certain due process rights. It is my client's
position that these matters are more appropriately handled at a
staff level first. Please be advised that we request a copy of the
agenda for the Tuesday evening meeting and do hereby give notice
that any determination or predetenaination by the Council that
would affect any due process rights of my client will be noted for
future reference.
SEP 28 '95 09=48
SEP 28 '95 09:51
Mr. Will Berg
September 28, 1995
Page 2
on the other hand, my client wishes to be cooperative
with the city and is presently reviewing and will be responding
shortly to the letter dated September 12, 1995 received from Shari
L_ Stiles which concerns some of these matters.
If you have any questions or comments, please advise.
vm
cc: Wayne Crookston
Daniel V. Steenson
Richard Schrandt
West Valley Builders,
James Merkle
Richard Tomlinson
Rod Snyder
~9ib/OYty.1tR
SEP 28 '95 09:48
Ver ly yours
. Gi ay II
Inc.
12084664405
PAGE.03
SEP 28 '95 09:52
RINGERT
.......
LAWY
IJHIT PETERSON ET AL
054 P04
September 26, 199b
wr ~vrr~„
-- 1/4Nr < xlnt
Autx•~ ~.. lw~lll
.knllt•~ 1• KIlIIf11ur1
IIMw•11; fhMff
AIn11 ( `\WMAC1
-41NN'k ! 1 1lNi1'
Mlt'II:K~ ~.IkAdlllk'
I M1\711111u l lu r•1\ p ltltl
IAM.tl1 \' :illtl IIM NI
;(h •t•IN\ 1 hftI 1.111\
111111M/Ill III1~IIkNI 11!tij {• 1! W1.
HY FACSIMILE ANp ZIAtL
Mr. Will Hexq
City Clerk
City of Meridian
33 Bast Idaho
Moridian, 2daho 83642
Ro: D 4 8 supply development -
activity adversely impacting the
and Barbara Myail at Wilson Lane
Dear Mr. 8srgs
co>RS~ruction and
property of Tom
As we diacusaed by telephone today, this is to request that
the above-referenced matter be scheduled Yor consideration by the
City Council at its next regular meeting on Tuesday, bctobar 3rd,
1995 at ?:3o p.m. at the Meridian city Mail.
Barbara and Tom Myall request that the City Council review
this matter and tak® apps-opriate action to correct certain
aspects of the D & B Supply development which are having a
detrimental impact on the Myallc' property located south oP D & B
Supply on S9ilson Lane. The rollowing aspects of D & H Supply's
dsv®lopment continue to impact the Myall praFarty and violate the
conditions of approval and M®ridian's ordinances:
1. D & B's unauthorized relocation of an open irrigation
drainage ditch from the boundary of the D & H property and
the ACRD right of way for Wilson Lane to th• frontetga of th®
Myall's property to carry irrigation drainage water and
storm water drainage off wilsvn Lanes
2. D & 9'g retuaal to pipe or times the ditch;
3. D & 8'r excavation and depositing of dirt on adjacent
lots, leaving a large uprightly area of exposed dirt which
has, on occasion, blown into tt'.e Myall's residence;
4. D it H's failure to provide adequate screening along the
southern boundary of its development, leaving the back of
the building exposed to full view from the Mynil's
rao i dolnce t
;Z~,till\n1' ;Illf(1`:U't`(•t • 1`.O I;11\.G'/'i.S • liO1~1'.1<k)~`t1l:lilli • __><ti;,;.l._-.(..;t)I 1•.\.~.:1•G I:e:l~•
12084664405
PAGE.04
Mr. Will Berg
6eptembar 26, 1995
page Z
5• D & H's failure to enclose its trash bin lmcated along
the south wall oP itsa building and rYpoaed to view Prom th®
Myall's residence: and
6• D & 8'~ mtoraga of ccmrnercial materials in its parking
lot in open view from the Myall's residence.
I will appear vn behalf of th~r Myalls, and will deliver to
you no later than Thursday of this Week ten copies of a letter
with documentation to be considered in connection aith the
Myall's request. I have di9cuared this matter with 6h®rry Stiles
and chary Smith, who have been involved in the City~s review or
th® D & H supply d®v®lopment.
Y am taxing a copy of this letter to William ~igray, th®
attorney who repraerents D & B Supply, and to Larry Sale OF ACRD,
to ensure that they hav® notice of our presentation to the City
Council.
Please contact me if you have any questions yr require any
Further information.
Yours very truly,
Daniel V. 8t~anson
cc: Barbara Myall
William F. ~igray III
Larry Sale
12084664405
PAGE.05
SEP 28 '95 09:53 LJHIT PETERSON ET RL 4
~~
. ~ ,
WHITE. PETEBSON, p$IISS. MO$80W & GIO$.A,y, P. d.
AITORN[Y9 AT LAW
WM. F. GIGRAr, ~
DANIEL R• I'IAROEE
WILLIAM A. MORgOW
CHtf15TOPH6R 3. NYE
PHILIP A. PLTER90N
9Tt!•-IEN L. PRUES
gRIC 3. R098MAN
TODD A.AOIS$MAN
T6iiRBNCE R. WHITE
104 NINTH AVENUE SOUTH
POST ORFICC ®Ox 247
NAM PA.IDANO A96®3~02~7
(aoa> ~e-9asa (soe) eea-I.aaa
eAx (aoaa) wee-..os
September I3, 1995
Mr. Larry Sale
Development Services Supervisor
Ada County Highway District
318 E. 37th
Boise, ID 83714
q7~ oJriou alao is
GLOWELL. 1 OANO
(aoe) ss-es9o
Re: D & H Supply Co., Inc. Development Agreement
w/City of Meridian - Wilson Lane Matter
Dear Mr. Sale:
Please be advised that I represent D ~ B Supply Co. , Znc.
and the Schrandt Family Partnership, an Idaho partnership regarding
the above-reference matter. I wish to state the position of my
client concerning the requests that have been made by yon as set
forth in your letter to Jim Merkle and West valley Builders dated
July 19, 1995.
With regards to that letter, it is my understanding that
a meeting has been held on site which meeting included yourself and
representatives of the Ada County Highway District, representatives
of the engineers, Jim McGarvin representing West Valley Builders,
and Daniel steensen representing Barbara Myall property owner to
the south of Wilson Lane. It is my understanding that requests 3
and 4 of your letter of July 19 have been complied with, and that
West Valley Builders has agreed that they will regrade the barrow
ditch along the south side of Wilson Lane in accordance with
District standards once the water is out of the ditch which will
occur this fall.
As to the request to relocate an irrigation ditch (this
ditch was and is a waste water ditch) "out of the right-of-way of
Wilson Lane," it is my client's position that in accordance with
the provisions of the "Developmtent Agreement" dated November 1,
1994, between the City of Meridian and the Schrandt Family
Partnership, my client in conjunction with its engineers caused to
be prepared and modified, various plans and specifications for the
improvements on the real property. The plans and specifications
included ail irrigation ditches and waste water ditches and
drainage affected by the development. This included all matters
relating to Wilson Lane. My client's engineers worked with the
SEP 28 '95 09:50
Mr. Larry Sale
September 13, 1995
Page 2
City of Meridian and the Ada County Highway District in obtaining
their approval of the plans and specifications for the development.
We understand that Item 1 of your letter actuali
concerns the waste water ditch which serves as a drain for waste
water from two fields to the past and southeast of my client's
property. That prior to the development of my client's property,
the subject waste water ditch was already within the Highway
Districts right of way. The plans and specifications for mY
client's development clearly showed that th® waste dutch was
proposed to be moved from the northern part of the right of way of
Wilson Lane to the southern part. This was accomplished because
the development plan called for my clients property to retain all
drainage on site and therefore eliminated the need for any drainag®
from the site into the old waste aster ditch that used to traverse
the northern portion o! the Wilson Lane right of way. This plan
was approved by the Ada County Highway District as well ss the City
of Meridian Engineering Department in accordance with th®
D®velopment Agreement:`
As a result and with reliance upon the approval of the
plans and specifications, my cllent•s development was constructed
in accordance with the approved plans, those approved plans
provided for pavement, curbing, and landscaping in areas adjacent
to where the waste ditch used to be. Because the improvements have
been constructed, the installation of a waste water line within and
across the southern portion of my client's property would be
extremely costly and a great deal more costly than it would have
been had a requirement been made, at the time that the plans were
considered for approval. My client and its agents have completed
their obligations and are now entitled to the issuance of the
occupancy permit.
very truly yours,
~~.~
Wm. F. G a II
vm
cc: James C. Merkle, P.E.
.Dick Schrandt
Jim McGarvin
Daniel V. steenson
SEP 28 '95 09 51
12084664405
PAGE.O?
`" HU6BLE ~NGiNEERING, INC.
h 9850 eetAel Court • 8olse, IQahO 83709
~ _~.._..c'~p~ Z08I322~892 • Fax208I3T8-03?.9
tiny I7, 1995
l~L~. Larry Sale
Ada County Highway District
318 N. 37th St.
poise, ID 83714
RN 941$900
I~.E: Drainage Ditch along Wilson Lane
I?ear Larry:
Ads per our conversation oa July 14,1995, regarding the drain ditch along the Myau property on the sauth sick of
Wilson Lase, the ditch comes from the South and is apparently as overflow ditch when landowners to the south
attd east are not diverting water for irrigation The ditch also picks up waste water from the 5eld adjacent to the
east.
Before development of the D~:B site, the ditch was piped in 12"RCP from the south to the north side ofthe existing
gavel road at the east end of Wilson Lase. Fmm there it ran to the west and. picked up waste water from. the D &
B'parcel. At the intersection of Wilson Lane and Locust Grove, the ditch ended at another 12" RCI'that brought
water back to the south side of Wilson Lane where it flows along Locust Ci~rove to NamparMeridian Iaigation
D~Strict's drain.
The ditch came from and went to the south of Wilson Lane and the only apparent reason it ran 41ong the north side
oi:the gravel road in Wilson Lane was to pick up drainage from the field where the D 8t B Supply now sits.
Upon development of the D 8t B Supply site, we were required to retain all our drainage on site and improve the
ncbrth side of Wilson Lane wide a 12.0 & lane on the south. Because tine D tit B site did not dtann off site, the ditch
w~,s not needed on the north side of Wilson Lase. Instead it was kept along the south sick of tha asphalt in the
b~now where it also picks up the rtm-offfrom the sotithside of Wilson Lane.
In regards to Jon Thompson's letter dated June 30, 1995, we have spoken with Jim McGarvia of West Valley
Builders and he says that he has no problems doing the work mentioned and it will be done as sAOa as they can get
into do the work. If you need to have a meeting on site, please let us know when so we can schedule with Tim
M~Crarvin.
Sincerely,
,~--
Ri~hard J. Tomlinson
R~a'I'Ivw/2432.1tr
cc; !im McGarvin, West Valley Builders
SEP 28 '95 09 51 12084664405 PAGE.08
RINGERT
~~ CLARK
CHARTERED
LAWYERS
RE~EI~IE~
S EP 2 9 1995
September 29, 1995
~~~illiam F. Hui>;eri
D. f3lair Clark
James G. Reill
Jeltrev R. Chrisienc~ri
Jarnes N. I~ilUln lan
I-aura E. E3urti
:Ulpn L. S~cerne)~
Patrick D. Pure•c
Michael J. Uatlinle
David Hanunerrµlisl
Daniel V. 5teenson
Steven C. ~lahalh•
Mr . Wl i 1 Berg Samuel Kaufman t 1921- I9Al>i
City Clerk
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: D & B Supply development - construction and activity
adversely impacting the property of Tom and Barbara
Myall at Wilson Lane
Dear Mr. Berg:
This letter and enclosed documentation are submitted on
behalf of Barbara and Tom Myall to request the City Council's
attention and response to certain aspects of the D & B Supply
development which are having a detrimental impact on the Myalls'
property located south of D & B Supply on Wilson Lane.
The Myalls property is approximately 16 acres within
Pleasant Valley Subdivision and includes irrigated fields for
agricultural production. The property was the home of Mrs.
Myall's late parents for over thirty years and is presently rural
residential. The home is a viable residence which is currently
leased. The Myalls do not know at this time how the land will be
developed in the future.
The following aspects of D & B Supply's development continue
to impact the Myall property and violate the conditions of
approval and Meridian's ordinances:
1. D & B's unauthorized relocation of an open irrigation
drainage ditch from the boundary of the D & B property and
the ACHD right of way for Wilson Lane to the frontage of the
Myalls' property to carry irrigation drainage water and
storm water drainage off Wilson Lane;
2. D & B's refusal to pipe or the the ditch;
3. D & B's excavation and depositing of dirt on adjacent
lots, leaving a large unsightly area of exposed dirt which
has, on occasion, blown into the Myall's residence;
4. D & B's failure to provide adequate screening along the
southern boundary of its development, leaving the back of
the building exposed to full view from the Myall's
residence;
455 South Third Street • P.O. Box 2773 • Boise. Idaho 83701 . 208/342-4591 F.~X 342-4657
Mr. Will Berg
September 29, 1995
page 2
5. D & B's failure to enclose its trash bin located along
the south wall of its building and exposed to view from the
Myall's residence;
6. D & B's storage of commercial materials in its parking
lot in open view from the Myall's residence; and
7. D & B's construction of a trespass ditch on the NW
corner of the myall property and related property damage.
These conditions violate ACRD requirements, the City's
Findings of Fact and Conclusions of Law, D & B's Development
Agreement with the City of Meridian, the City's Ordinances and
Comprehensive Plan. These conditions impose a "hardship" on the.
Myalls. As defined by the Ordinances, a hardship is:
An unusual situation on the part of an individual
property owner which will not permit him to enjoy the
full utilization of his property as is enjoyed by
others in the community. A hardship can exist only
when it is not self-created. 11-2-403B.
With this cover are the following to be considered in
support of this request:
1. photographs showing the impacts to the Myall property
during various phases of the development;
2. letters from Barbara Myall and John Anderson;
3. a diagram of the drainage ditch prior to its relocation
and the irrigation systems from fields located to the
east of the Myall's property with an irrigation
schedule identifying water users in the area;
4. a Timeline of the City's review and approval of the
project, D & B construction activities, and attempts to
resolve these problems through staff and D & B, and
correspondence relating to the negative impacts to the
Myall property which have been caused by the D & B
Supply development; and
5. a summary of pertinent provisions of ACHD conditions of
approval, the City's Findings of Fact and Conclusions
of law in approving the annexation and zoning, the
Development Agreement, and City Ordinances.
As the photographs and the Timeline show you, the Myalls
have endured numerous impacts to their property which they have
attempted to resolve through staff and discussions with
Mr. Will Berg
September 29, 1995
page 3
representatives of D & B. After four months of discussions,
letter writing, and requests by City and ACHD staff to correct
these problems, D & B continues to refuse to take corrective
action. This is why the Myalls are bringing this matter before
the Council.
D & B's relocation and inadequate construction of the
irrigation ditch impact the users of the ditch and ACHD, as well
as the Myalls. ACRD is faced with an open irrigation ditch
within their right of way, which their policies forbid and which
must be relocated or piped when the road is completed. John
Anderson, Water Superintendent of the Nampa & Meridian Irrigation
District, reviewed the ditch as a favor to the Myalls, not as a
representative of the District. In Mr. Anderson's opinion, the.
ditch imposes an increased maintenance burden on the ditch users,
as well as an unacceptable burden on ACHD and the Myalls. In his
letter included in this packet, Mr. Anderson wrote.
Already, by August 30, 1995, the downstream end of the
pipe in front of the Myall's residence was half filled
with dirt.
The present configuration and grading of the ditch
creates problems in operating and maintaining the
ditch, as demonstrated already by the silting in of the
downstream outlet. At some point, water will very
likely back up in the ditch and flood the Myall's front
yard. I can tell you that this situation would be
unacceptable to the District and would be unacceptable
to me if it were my ditch or if I owned the Myall
property.
You can see from the photographs taken on September 6, 1995
of the downstream end of the outlet Mr. Anderson mentions that
this outlet is nearly completely covered with silt.
Mr. Gigray's September 13, 1995 letter to Larry Sale claims
that D & B submitted plans and specifications which "clearly
showed that the waste ditch" was to be relocated and that "[t]his
plan was approved by [ACHD] as well as the City of Meridian
Engineering Department in accordance with the Development
Agreement." I have reviewed ACHD's files and Sherry Stiles'
files and discussed this matter with Shari, Gary Smith, and
Larry Sale of ACHD, and found nothing which indicates any plan
to relocate the ditch. The site plans do not even clearly show
the prior location of the ditch.
I have also found no document approving the relocation of
the ditch, nor any request or approval for a waiver or variance
of the explicit requirement that "all ditches, canals, and
Mr. Will Berg
September 29, 1995
page 4
waterways shall be tiled." This requirement is unambiguously and
repeatedly stated as a condition of the development. Sherry
Stiles' Comments submitted to the Council for its August 16, 1994
hearing advised "that a development agreement is necessary prior
to annexation addressing * * * tiling of ditches * * *."
The Council's Findings of Fact and Conclusions of Law state:
That the development of annexed land must meet and
comply with the Ordinances of the city of Meridian and
in particular * * * Section 11-9-605., which pertains
to the tiling of ditches and waterways.
[A]11 ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the
property shall be subject to de-annexation.
The Development Agreement requires D & B to plan and perform
the piping of the ditch:
4. That DEVELOPER will file or cause to be filed with
the City Engineer a complete set of Improvement Plans
showing * * * tiling and piping of irrigation ditches
* * drainage * * * and other such improvements
contemplated within the development."
5. That DEVELOPER will at its own expense, construct
and install all * * * storm drains * * * tiling and
piping of irrigation ditches * * * cross drains
in strict accordance with tiled and approved
Improvement Plans, and the City Standard Engineering
Drawings and Standard Engineering Specifications."
7. * * * The Improvement Plans of the proposed
improvements shall be "corrected" to show the actual
constructed location [of] * * * tiled and piped
irrigation ditches * * *.
These requirements are reiterated in the Development
Agreement's Special Conditions:
4. * * * Developer shall, at its cost and expense, do and
perform the following * * *:
m. Canals, Ditches and Waterways. Tile all
canals, ditches and other waterways which are to be
preserved and submit evidence of appropriate approvals
from the irrigation district and/or downstream water
users.
Mr. Will Berg
September 29, 1995
page 5
These requirements are based on Section 11-9-605M, which
recognizes the importance of maintaining the integrity of
irrigation ditches with comprehensive requirements for tiling
ditches in and adjacent to new developments. This section
applies equally to irrigation delivery and drainage ditches.
D & B's failure to obtain the consent and approval of the
ditch users and ACHD to relocate and reconstruct the ditch, its
trespass upon the Myall property, and its strident refusal to
remedy the problems it has created, should not be countenanced by
the Council. Apparently D & B's development philosophy is to
garner annexation and zoning for a vaguely defined project,
ignore explicit requirements which D & B finds trifling or
expensive, and then take issue with anyone who dares to enforce
such requirements. This situation puts the City in the unusual
position of having to either force D & B to comply with the clear
and explicit Ordinances and conditions of approval, or abdicate
its authority to control development within the City of Meridian.
The City designed the ordinances and conditions of approval
which D & B has ignored and refused to comply with to insure that
new development does not unnecessarily diminish the character and
value of surrounding land uses or impose unnecessary hardships on
the City's residents. The Myalls request that the Council
preserve its authority to enforce its ordinances and conditions
of approval by taking appropriate action to remedy the violations
and adverse impacts discussed in this letter. The summary of the
FF & CL, Development Agreement, and City Ordinances, cites some
of the enforcement options which may be appropriate under the
circumstances.
In response to Mr. Gigray's September 28, 1995 letter to Mr.
Berg, D & B's due process rights are in no way threatened by the
Myalls' request for your attention issues which the Myalls, the
City, and ACRD discussed with D & B several times over several
months. D & B has had notice of these issues and will have an
opportunity to explain and defend its activities to the Council.
Staff has attempted to address these matters as Mr. Gigray
suggests in his letter. Because these efforts have been
unsuccessful, we believe it is necessary for the Council to be
apprised of the situation so that it may determine how to
proceed, either through staff or its own action.
Yours very truly,
+-..
Daniel V. Steenson
Enclosures
r
-, // / i
~.. ~. ~_. ~W._. ~,_ _ .~. ~. _....~... ~ ,_~...._..~"~ ~/IOTOa'~4/~ Lt,s cSLt OW % ~~
i
f
i
~~a~ /1'lY 4 !~
2 ~p~i,~ ~ndcrsart !
Sots ~
p~.•..-
Sc~cclkle
~o~.~(
~ a<<~~
-~, /'tlxc~4b~
i ol~~~ ~r'~f
pw~ciS
tSct.~ i+~- a~S
-,Qc~,i~d Co,~cl~ f. a•~s
PF d CL
READY INCEY", ';AiDEXtNG SYSTE1
f ~'F
Barbara Myall
6227 Marlborough Dr.
Goleta, CA 93117
805-683-1771
Local Phone (208) 323-8171
June 8, 1995
Shari L. Stiles
Planning and Zoning Administrator
City of Meridian
33 East Idaho
Meridian, Idaho 83642
RE: Development Agreement between City of Meridian and Schrandt Family
Partnership.
Dear Shari:
I am writing in hopes that the City of Meridian, through their Development Agreement with
the Schrandt Family Partnership for the development of D&B Supply on Fairview Avenue
can correct the problems created by development and impacting our property and
residence at 1470 N. Locust Grove.
Problem:
Water from irrigation and Wilson Lane runoff has been diverted and is flowing
down a newly constructed ditch on the south side of Wilson Lane within 10 feet of our
domestic well and entering our field. Wilson Lane is from 5 feet to 1 foot higher than it
was on June 7, 1995 and I do not have ingress and egress from our shed for farm
equipment. D&B trespassed onto our property and constructed ditches and disposed of
material from the sewer line construction.
Historic background:
The irrigation water serving D&B land and our land has always gone under
the east end Wilson Lane in a concrete culvert and run down the north side of Wilson
Lane, as shown on Aerial Photo Flights, (APF). The irrigation ditches were constructed
prior to 1948 on the land, APF, 6/15/49 -DHT-4F-94,95,96. Wilson Lane was
constructed without engineering by Harby King after 1949, APF 7/8/57 -DHT-5T-121,122
and verbal statement of Ray Tuckness, owner of Lot 7, Pleasant Valley Subdivision.
Current Background:
We have never been contacted by D&B Supply or their developers for any
information or permissions.
Barbara Myall - ].470 N. Locust Grove and D&B Supply - 6f8/95
r ~
I find two sections in the Idaho Code, Chapter 43 that 1 believe pertain to
this, and there may be more, they are 18-4306 - Injuries to ditches and appurtenances
and 18-4308 -Change of lateral ditch or buried irrigation conduit.
I also believe that the Development Agreement between the City of
Meridian and Schrandt Family Partnership also pertain, they are:
Page 2 - [3] filing of plans
Page 2 - [4] at developers expense construct tiling and piping of irrigation ditches
Page 3 - [7] "corrected" original drawings
Page 4 - [14J City shall have right to withhold the issuance of any Certificates of
Occupancy
Page 5 - [15] Exhibit "B" attached is made a part hereof
The items in Exhibit "BA that I believe pertain are:
Page 1 of 4 - (4j at developers expense do the following
Page 3 of 4 - [4 I ]Compliance with ACRD Conditions of Approval
Page 3 of 4 - [4m] Canals, Ditches and Waterways. Tile all canals, ditches and _
re to be preserved and submit evidence of appropriate
approvals from the irrigation district and/or downstream water users.
The items in Ada County Highway District conditions I believe pertain are:
Standard Requirements:
[1 & 2j Street and drainage improvements
[4] Provide written approva! from irrigation/drainage district for runoff into their
system.
[5) Locate irrigation and drainage appurtenances outside of street improvements.
Authorization for relocation shall be obtained from the appropriate entity.
[6] Continue existing irrigation and drainage systems across parcel.
Solutions-
[1] Have D&B tile, for its total length, the new ditch they made on the
south side of Wilson Lane.
(2] Have D&B end the tiled ditch with a drop inlet into the culvert that
goes under the west end of Wilson Lane.
[3] Have D&B provide ingress and egress to our shed.
[4] Have D&B repair their trespass damage to our land in the NE comer
of Lot 20 and the NW comer of Lot 18.
of Lot 19.
[5] Have D&B remove the sand from my irrigation ditches on the N side
Barbara Myall - 1470 AI. Locust Grove and D&B Supply - 618/95
2
s
[5] Have D&B immediately remove their trash dumpster to inside the
store, to stop their trash from blowing onto our front yard.
Thank you, Shari, for your anticipated cooperation in resolving these problems. As
always, I appreciate the help you have given me in the past and look forward to your
reply.
Sincerely,
Barbara C. Myall
cc: Ada County Highway District -John Thompson
Barbara Myall - 1470 N. Locust Grove and D&B Supply - 6/8/95
1' & B Myal I - 805-683-1771 -Created: Thursday, September 28, 1995 2:46 PM - Page 1 of 3
Barbara C. Myall
622? Marlborough Drtve
Goleta. C~ 93117
805-683-1 ?71
September 18, 1995
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Meridian City Council
Grant P. Kingsford, Mayor
Ronald R. Tolsma
Max Yerrington
Robert D. Corrie
Walter Morrow
Gentlemen:
Planning and Zoning Commission
Jim Johnson, Chairman
Jim Shearer
Mohmmad Alidjani
Charles Rountree
Tim Hepper
This letter is to inform you of ongoing problems adversely impacting our property at
1470 N_ Locust Grove Read, resulting from the development of Q~E~ Su~aply.
During the past fifteen months we have been proactive in expressing our concerns to
the City of Meridian. Based on the information we had about the development, we
presented our concerns during the approval process at public hearings before the
City Council and the Planning and Zoning Commission in the attempt to avert
potential adverse impacts to our property. Our concerns were to insure that
development be compatible with the current residential and agricultural uses and with
any future development, whether it be high density housing, limited office or
commercial. We requested that adequate screening and buffering be required to
screen current use as well as future development and to insure neighborhood
compatibility, as called for in your Comprehensive Plan.
As we testified before the Planning and Zoning Commission orl October 11, 1994, the
residence has been leased. As a lessor we have the responsibility to provide to
ensure a safe, secure and maintained residence. We were concerned that the
tenants' rights to peaceful enjoyment of the residence not be interrupted or
unnecessarily disturbed during construction. Unfortunately, commencing with
8ar6ara C..Mya11.
Seprem6er 18.1995
T & B Myal I - 805-683-1771 -Created: Thursday, September 28, 1995 2:46 PM - Page 2 of 3
construction during November 1995, our former tenants were beset by intolerable
conditions: an impassable road, the front yard excavated without permission, a brick
planter demolished, theft of well water by the construction company, blowing trash
from construction site and exposed dumpster, predawn garbage collection, and a
hastily constructed open ditch in the public right-of-way carrying diverted irrigation
drainage and road run-off water not more than thirty feet from the front door and
draining into a trespass ditch in our NW field, to name but a few.
I requested that my property manager contact Meridian P and Z with the tenants'
complaints, which she did, but she never received a reply. Not surprisingly, these
discouraged tenants vacated on May 2, 1995. With these adverse conditions visibly
present, the residence remained vacant until August 19, 1995, resulting in
considerable financial damage to us, as well considerable stress from the worry
about the security of the property. Currently, a family with three small children is
leasing the residence. The open ditch in front of the house continues to present a
potential hazard to small children. The tenant reports that her toddler is attracted to the
murky water. The open ditch serves, as well, as a collector of debris and a breeding
ground for mosquitoes.
This past summer was consumed by our attempt to resolve this situation. When we
arrived in Meridian on May 27, 1995, we discovered that the historic irrigation waste
water ditch, that has drained four properties east of us as well as D&B land, had been
hastily relocated by D&B from the north side to the south side of Wilson Lane and was
draining into a trespass ditch, constructed by D&B, in our NW field. Further proof is
that aback-hoe was still parked in front of our house. The damage to our NW field has
not been repaired to this date. We were later told by a neighbor immediately east of
D&B, Ray Tuckness, that when eastern property owners commenced irrigating this
spring, the eastern D&B storage yard was flooded with their irrigation run-off water.
Hence, D&B hastily relocated the ditch to the S side of Wilson Lane. We were
immediately concerned about the integrity of our well. We were outraged that D&B
had moved the ditch, without consulting anyone, when their Development Agreement
clearly requires the tiling of all ditches on their property. We immediately notified
ACHD and the City of Meridian Engineering and P and Z staff. Larry Sale, ACRD,
scheduled two meetings with D&B, City of Meridian, our attorney and us. He stated
ACHD's position, suggested three options and told D&B to contact us to resolve this
problem and notify him of possible options. We were never contacted by D&B with a
response or a proposal regarding the tiling of the ditch. Now ACHD has been notified
by D&B's attorney that they intend to do nothing. Obviously, D&B has demonstrated
Llldl LIICy dIC IIVI Wlllllll,~ LV l.VV1.JCldlti.
We observed and expressed our concern to the City about the inadequate screening
provided by several small arborvitae planted on the north side of Wilson Lane, several
of which are dying. We are concerned about the recently excavated dirt from the
8ar6a~a G. ,~(yall,
September 18.1995
________ & B Myal I - 805-683-1771 -Created: Thursday, September 28, 1995 2:46 PM - Page 3 of 3
-------- -------------------------------------------------------------------------
construction site that was spread on the undeveloped portion of D&B land and is
blowing onto our property. We also object to the unscreened outdoor storage of
materials in the western parking lot, which is clearly not meant to be a storage yard
and is a very unsightly view from our residence.
We strongly feel that the City of Meridian has a responsibility to protect our property
rights and to insure that new development is not detrimental to our property. Our
attempts to resolve these problems with the City of Meridian staff and with D&B have
come to no resolution. For this reason we request that the City of Meridian take the
appropriate actions under the Development Agreement and Zoning and Subdivision
Ordinances to address and remedy the aforementioned damages and adverse
impacts imposed on our property by the development of D&B Supply.
Sincerely,
/S/ 8a~td aaa e. 71l~yall
Barbara C. M yal I
Barbara G. ,~Zlyall,
September 18.1995
,.~c~av~
15 September 1995 StP ~ 9 1995
"G
.i~Y iPl~.~... ^. ~!; ri .~
Daniel Steenson
Ringert Clark Chartered
455 South Third Street
P.O. Box 2773
Boise, Idaho 83701
Re: Myall Property in Meridian/Relocated Drainage Ditch
Dear Dan:
On August 17, 1995, I met with you and Barbara and Tom Myall at
their property on Wilson Lane to review the relocated ditch along
the front of the Myall's property. I did this as a personal favor
to the Myalls, not in my capacity as Water Superintendent of the
Nampa & Meridian Irrigation District. It is important for me to
clarify that the comments in this letter are not made on behalf of
the District.
My knowledge of the Myall's property and the waste water ditch
comes from personal observation, from having known and worked with
Andy Wolfe, Mrs. Myall's step-father who owned the Myall property
and maintained the irrigation delivery system for the Pleasant
Valley Subdivision, and from Bill Henson of the District, who
frequently observed the ditch. The drainage ditch, which is now
located on the south side of Wilson Lane, was originally located
somewhere in the vicinity of the sidewalk and the planter area on
the north side of Wilson Lane. The ditch carries waste water from
four fields to the east of the Myall's property and eventually
discharges this water to the Jackson Drain.
It is apparent that the inlets and pipe installed in the relocated
ditch in front of the Myall's property are undersized and inade-
quate to carry the waste water, and certainly inadequate to carry
waste water and storm water drainage from Wilson Lane. I under-
stand that the pipe and inlets were installed sometime in July of
this year. Already by August 30, 1995, the downstream end of the
pipe in front of the Myall's residence was half filled with dirt.
The present configuration and grading of the ditch creates problems
in operating and maintaining the ditch, as demonstrated already by
the silting in of the downstream outlet. At some point, water will
very likely back up in the ditch and flood the Myall's front yard.
I can tell you that this situation would be unacceptable to the
District if this were a District facility and would be unacceptable
to me if it were my ditch or if I owned the Myall property.
15 September 1995
Daniel Steenson
Page 2
In my opinion, the ditch must be either moved to a different
location if it is to continue to be an open ditch or placed in pipe
if it is to remain in its present location. I understand that the
Myalls do not intend to grant any easement across their property
for the ditch. In my opinion, this leaves three options for the
ditch.
First, the ditch could be restored to its original channel on the
north side of Wilson Lane. This would involve removing some of the
sidewalk and possibly part of the planter area. The sidewalk and
planter area could be replaced after the ditch was located in the
same channel as it coursed in the past.
Second, if the drain or waste ditch is to remain in its present
location on the south side of Wilson Lane within the Ada County
Highway District right-of-way, it should be placed in 18-inch
concrete pipe along the full length of the frontage of the Myalls'
property. If the drain had clean-out boxes every 200 feet and if
it continued on past the Myalls' property, I believe the mainte-
nance problems would be eliminated. Placing the drain under the
street right-of-way is a common practice in other areas. One
example is Nampa & Meridian Irrigation District's Atkins Drain in
Danbury Fair Subdivision. This is the new subdivision located
directly west of this piece of ground. Ada County Highway District
maintains the drain under the roadway.
A third option would be to relocate the ditch along the east
property line of the Myall's property to deliver the waste water
back to a Settler's canal. Although this would require obtaining
an easement from the owner of the property, it would have the
advantage of moving the ditch to a location where it could remain
as an open ditch without affecting the roadway or the Myall's
property.
If you feel that we need to discuss this matter further, please
feel free to contact me.
Sincerely,
U~
John P. Anderson
n«<~ cis /'v~~/
. Seers Irrioaaon Ois;ricz
1310 N. Garden
P. 0. Sox 7571
' 6oise.l0 837Cc
202~c -~.?a71
M=JV-F gam ~ 3om
~eaogaca-3~3 X271
II~RIG~'~IOY SI;IIFllULF
.V G:.. _..~ ~ .~ -
v. VV "1-.'.vim
Ste: 1n.,.~ ?7.v - A.v _ ~.v:r1.'~ ?~~-=,I __
~i .....y2 , . r~ ~_ 3ngMl
~.. ~ -•~ 'T~~:N ~ ~~.C CG ~~ -v- .L:C.f~~JJ J -=vii ~-!-S~ ~ J-.a
-C ~.. --
.. ./ -
^ ? ? ? = 3 ±=-,'_ew o/28/94 ,-neec with ArC. He does not make up schedule as not many peapie
usino +aacar. Thinks only Hoppe, Himsalf. Snodgrass and Tuckness ors using. Said 1 could usa what I wancad. I
said I +nrould use i`or ~8 hr (2 Oays }and turn over to .-fcppe. Said people on other side of ~ airriew also wens
=ntitled to wacrr, but their ditch under +~aicview was plugged and so couidn't get +roater. No one is really
maintain ditches since Andy Vb'oife quit doing it.
:J .~..Q -Ci- =~= ~:.... -;3,iV = - - -_- `w JZ~ ..GJ vGZ.3 :Q(^,.J? yy ~~.. ~~/ .~f ,^,. ~~/ nv .~ ~.~. ...J -~ lry .~ i i .
-.-r ... -...-_ . _ '.N _._ .~ JG-
_ J'
? ^nn` CC"?" ~". 3C~3e - ~~`: ^c~= ~e us.^y L39~
-7..r .~. ~~--'I ~~rN
¢.~ 3,?.3?~J.
~r-
J
393-?`~~-
n,~..^.Ii:s 3a_~e_ a u~; a__) pn 6/29/941 gave John VanderStaft the Phone Number oT Steve
Hoppe and Ray Tuc!cress. saying mat Tuckness +NOUid Gail VanderSteit when he was done with the
water and that they ;houid call I-ioppe when done and tt-at they have the warar Tor 48 hours ( 2
Days ). I gave the schedule to John alter talking to Dar~rin, who was spraying the garden with
Insecticide.
o/c9/G4 talked with Vic:cie. She wasn`t sur= but thought that PVS was entit+ed to 47.52 inches.
but that Troy Upshaw would tail to connrm and about the Easements.
TIMELINE
1. June 9, 1994 - ACHD staff Preliminary Report with conditions
of approval and required street improvements.
2. June 14, 1994 - Planning & Zoning hearing on NEB-I Company
request for annexation and commercial zoning of a 9 acre
parcel owned by Roger Crandlemier, Jim Merkle, Hubble
Engineering, appeared for NEB-I.
3. June 15, 1994 - ACHD Commissioners approved conditions of
approval and street improvements for D & B's annexation/
zoning request.
4. July 12, 1994 - Planning & Zoning approved the Findings of
Fact and Conclusions of Law (FF & CL) for annexation/zoning,
which express concern that NEB-I had not identified its
development intention, states that the parcel will not be
annexed if NEB-I fails to meet the FF & CL conditions,
requires execution of a development agreement, .and
specifically requires that all ditches must be tiled or the
parcel will be subject to de-annexation.
5. August 16, 1994 - City Council hearing on NEB-I request for
annexation and zoning, Jim Merkle, Hubble Engineering,
appeared for NEB-I. The Myalls appeared, requesting that
their property the impacts to their property be considered.
6. September 6, 1994 - City Council approved the FF & CL for
annexation/zoning, which was amended to reflect additional
testimony, again expressed concern that NEB-I had not
identified the proposed use of the property, states that the
parcel will not be annexed if NEB-I fails to meet the FF &
CL conditions, and specifically requires that all ditches
must be tiled or the parcel will be subject to de-
annexation.
7. Conditional Use Application filed by "NEB-I (D & B Supply
Company, Inc.)" of Caldwell for a "general merchandise
retail store." "Plans will be following soon."
8. October il, 1994 - Planning & Zoning hearing on D & B
Supply's conditional use permit application, Dick Schrandt
appeared for D & B. The Myalls appeared, requesting that
their property be protected through adequate buffering and
screening.
9. Planning & Zoning approved the FF & CL, which were amended
to reflect additional testimony and specifically screening
of the Wilson Lane side of the development.
10. November 1, 1994 - City of Meridian and the Schrandt Family
Partnership (D & B) executed a Development Agreement, which
required D & B to the or pipe all irrigation ditches at is
own expense, and provided for withholding Certificates of
Occupancy and water service and foreclosure of posted
security for failure to construct improvements, and de-
annexation of the parcel for failure to comply with the
City's Ordinances, Comprehensive Plan, and the FF & CL,
11. November, 1994 - D & B began construction of its retail
store.
12. May 2, 1995 - The Myalls' .tenants, discouraged by the
conditions at the Myall residence as a result of the D & B
construction, vacate the residence. The residence remained
vacant until August 19, 1995.
13. May and June, 1995 - The Myalls discovered that D & B had:
1. Relocated an open irrigation drainage ditch from the
boundary of the D & B property and the ACHD right-of-
way for Wilson Lane to the south side of Wilson Lane
along the frontage of the Myalls' property, within 10
feet of their domestic well and 30 feet of their front
door (the ditch had been in its prior location from
some time during the 1950s, if not earlier, and drained
fields located to the east of the D & B property and
the Myall property);
2. trespassed onto the NW corner of the Myall property
with a backhoe which left deep ruts and constructed a
ditch which diverted drainage water from the new
drainage ditch onto their property;
3. filled one of the Myall's irrigation ditches with sand;
4. placed a trash dumpster in the D & B parking lot with
no screening in open view and left it open so that
debris blew into the new ditch and onto the Myall's
front lawn (the dumpster has been moved to a different
location in the back of the building, still open to
view and unscreened);
5. destroyed one of the Myall's brick planters at the
entry of their driveway (later reconstructed by D & B);
and
6. placed dirt excavated from the store site onto adjacent
lots to the west, which blew into the Myall's residence
in high winds;
7. planted only small arbividae, three feet tall and
widely spaced, for screening of the back of the D & B
building.
14. June, 1995 - the Myalls advised Shari Stiles and the Ada
County Highway District of the problems with the ditch and
requested that the drainage ditch be tiled and the damage to
their property be repaired.
15. July 19, 1994 - Larry Sale letter to D & B's contractors,
stating that "the following must be done immediately":
1. Relocate the irrigation ditch out of the right-of-way
of Wilson Lane.
2. Regrade the borrow ditch along the south side of Wilson
Lane to district standards.
3. Provide an adequate driveway to the Myall Shed.
4. Reconstruct the irrigation wasteway to the drain ditch
across Locust Grove/Wilson Lane.
16. July, 1994 - D & B installed and covered an 8" pipe plastic
with a drop inlet in the new ditch in front of the Myall's
house and shed to provide access to the shed, and a drop
inlet and pipe to connect to the culvert and pipe at the
west end of Wilson Lane. The remainder of the new ditch
remained open.
17. July 27, 1994 - Meeting with Larry Sale, the Myalls, Daniel
Steenson, D & B contractors to discuss D & B's relocation of
the open drainage ditch. Topics during the meeting:
1. Larry Sale stated that relocation of the ditch was an
error and was not shown on the plans submitted to ACHD,
nor approved by ACHD, and reiterated the requirements
he stated in his letter.
2. D & B contractors asked if it was feasible to pipe the
ditch in its new location along the south side of
Wilson Lane. Mr. Sale stated that this option would be
considered if there were no other alternative, and
would require a payment to the Myalls or ACRD to cover
future relocation of the ditch.
3. The possibility of obtaining and easement from the
Myalls to relocate the ditch to their property was
discussed. The D & B contractors stated that they
would contact Mr. Steenson if they wished to pursue
that option.
4. Mr. Sale instructed the D & B contractors to submit a
proposal to ACRD no later than August 2, 1995.
18. July, 1995 - D & B begins storing commercial materials
outside on their parking lot, in direct view from the Myall
residence.
19. August 2, 1995 - Steenson letter to Larry Sale, informing
him that D & B had made no contact to discuss options.
20. August 4, 1995 - Larry Sale Letter to Daunt Whitman and
Shari Stiles, advising them that D & B had not submitted a
proposal to rectify the problems caused by relocation of the
ditch, and request that the City of Meridian "refuse to
issue the Final Certificate of Occupancy to D & B Supply
until their contractor has rectified the identified problems
to the satisfaction of the Highway District and the City.
21. August 10, 1994 - Meeting at Wilson Lane with Larry Sale,
Dave Weincoup (ACHD), Shari Stiles and Gary Smith (City of
Meridian), D & B contractors, and Jim Merkle (Hubble
Engineering, to discuss proposals for correcting the ditch.
Mr. Merkle and D & B contractors asserted that relocation of
the ditch had been approved as is, that it was not an
irrigation ditch, and therefore D & B would not move or the
the ditch. After response and discussion, Mr. Merkle agreed
to submit a proposal to address the problem by the end of
the month.
22. August 17, 1995 - The Myalls, Daniel Steenson, and John
Anderson (Water Superintendent of the Nampa & Meridian
Irrigation District) met at Wilson Lane to discuss the
ditch. Mr. Anderson did this as a favor to the Myalls in
his private capacity, not as a representative of the
Irrigation District. Mr. Anderson found the inlets and
pipes D & B installed to be undersized and inadequate, and
that construction of the ditch poses a maintenance problem
for those who use it. The downstream end of the pipe in
front of the Myall house was already half filled with sand.
Mr. Anderson advised that water would backup the upstream
end of the pipe. He also advised that piping the ditch in
its present location is an option, with appropriately sized
and constructed pipe.
23. August 25, 1995 - Steenson letter to Larry Sale, advising
him of Mr. Anderson's comments, that having considered the
matter and heard nothing from D & B, and that the Myalls
would not grant an easement for relocation of the ditch on
their property.
24. September, 1994 - many of the arbividae planted as screening
for the back of the D & B building are dying.
25. September 7, 1994 - Shari Stiles letter to Mr. Schrandt,
requesting that D & B address the problems with the outdoor
storage of materials, inadequate screening provided by
undersized and dying plants, exposed trash area, blowing
dirt, and the problem with the drainage ditch.
26. September 13, 1994 - William Gigray, D & B attorney, letter
to Larry Sale asserting that the relocation of the open
ditch in the ACRD right of way was approved by ACRD and the
City, and demanding issuance of the occupancy permit.
27. September 26, 1994 - Steenson letter requesting the matter
be placed on the City Council's agenda for hearing.
28. September 28, 1994 - Gigray letter to Will Berg reasserting
D & B's position.
SEP 28 '95 10:2E WHIT PETERSON ET AL
' WM. F GIGR4T, $
'~OANIgI R. N4WOlrE
t wIlLI4M 4. MORROW
~C>,RISTO~MER 3•NT[
~1.1lltr A. RETCR3iON
~ STC PMEN ~. PRU4$
}CRIC 3• RO$$MAN
~TQD O: 4. RO$$MAN
}•TCRR F.NCC R. WHITE
059 P02
WHITE. PETEBSON, P8US5. MORROW & GIGBaY, P. A.
ATTORNEYS AT L,AW
104 NINTH 4VENUE $OUTM
p0$T OFFICE BOX 247
NAMDn, IOANO A36$3-0247
(ao6) 46e-9272 (2oa) ~6a•14az
FAX (Y06) 466-4x0$
September 28, 1995
Wit11 orJic~i a1~o i,<
GALDWELL. IDAf10
;206} x54-SD90
FACSIiIIILE TRANS2~ISSION
208-887-4813
Gary Smith
Public WorJ~s Director
33 E. Idaho Avenue
Meridian, ID 83642
Shari Stiles
Planning & Zoning Administrator
33 E. Idaho Avenue
Meridian, ID 83642
Re: D & B Supply Co., Inc. Development Agreement with
the City of Meridian/Tom and Barbara Myall Request
Dear Mr. Berg:
The purpose of this letter is to follow up my telephone
conversations, as attorney for D & B Supply Co., Inc., with Gary
Smith and Will Berg which contact was in response to a copy of a
letter I received from Daniel V. Steenson dated September 26, 1995
requesting an audience with the City Council for his client
regarding the above-referenced matter.
Please be advised that D ~ B Supply Co., Inc.'s position
concerning the matter is set forth in my letter to Mr. Larry Sale,
Development Services Supervisor, Ada County Highway District, dated
September 13, 1995, a copy of which is enclosed. I am also
enclosing a copy of a letter which Richard J. Tomlinson wrote to
Larry Sale dated July 17 , 1995 which concerns the drain ditch along
Wilson Lane for your review.
Please be advised that my client's position is that they
are in full compliance with their development agreement and
conditional use permit. Because the Myall request involves matters
of a contractual relationship between my client and the City and
may also involve matters of the conditional use permit, these
questions invoke certain due process rights. It is my client's
position that these matters are more appropriately handled at a
SEP 2E '95 10:29 WHIT PETERSON ET AL 059 P03
Gary,Smith
Shari Stiles
September 28, 1995
Page 2
staff level first. Please be advised that we request a copy of the
agenda for the Tuesday evening meeting and do hereby give notice
that any determination or predetermination by the Council that
would affect any due process rights of my client will be noted-for
future reference.
On the other hand, my client wishes to be cooperative
with the City and is presently reviewing and will be responding
shortly to the letter dated September 12, 1995 received from Shari
L. Stiles which concerns some of these matters.
If you have any questions or comments, please advise.
very ruly yours,
Wm. F. Gigr, , I
via
cc: Wayne Crookston
Daniel V. Steenson
Richard Schrandt
West Valley Builders, Inc.
James Merkle
Richard Tomlinson
Rod Snyder
esD/aa~E11.1lr
WHITE. PETERSON. PRUSS. MOEROW & GIGRAY. P. A.
ATTORNEYS AT LAW
104 NINTH AVENUE SOUTH
wM. F. GIGRAV. III POST OFFICE BOX 247
DANIEL R. HAROEE NAMPA, IDAHO 836530247 w{Ih OrriC23 x190 f76
WILLIAM A. MORROW
(208) 466-9272 (208) 889-1492 CALDWELL. IOAHO
CHRISTOPHER 5. NYE (2O8) 454-8990
oHILIP A. PETERSON FAX (208) 466-4405
STEPHEN L. PRU55
ERIC 5. ROSSMAN
TODD A. ROSSMAN
TERRENCE R. WHITE
September 13, 1995
k.~CEiV~D
StP 1 4 1995
Mr. Larry Sale
Development Services Supervisor f~:.~lGc~fT ~iAPK r~ AL
Ada County Highway District
318 E. 37th
Boise, ID 83714
Re: D & B Supply Co., Inc. Development Agreement
w/City of Meridian - Wilson Lane Matter
Dear Mr. Sale:
Please be advised that I represent D & B Supply Co . , Inc .
and the Schrandt Family Partnership, an Idaho partnership regarding
the above-reference matter. i wish to state the position of my
client concerning the requests that have been made by you as set
forth in your letter to Jim Merkle and West Valley Builders dated
July 19, 1995.
With regards to that letter, it is my understanding that
a meeting has been held on site which meeting included yourself and
representatives of the Ada County Highway District, representatives
of the engineers, Jim McGarvin representing West Valley Builders,
and Daniel Steensen representing Barbara Myall property owner to
the south of Wilson Lane. It is my understanding that requests 3
and 4 of your letter of July 19 have been complied with, and that
West Valley Builders has agreed that they will regrade the barrow
ditch along t.,a soutY, side of Wilson Laae in accordance with
District standards once the water is out of the ditch which will
occur this fall.
As to the request to relocate an irrigation ditch (this
ditch was and is a waste water ditch) "out of the right-of-way of
Wilson Lane," it is my client's position that in accordance with
the provisions of the "Development Agreement" dated November 1,
1994, between the City of Meridian and the Schrandt Family
Partnership, my client in conjunction with its engineers caused to
be prepared and modified, various plans and specifications for the
improvements on the real property. The plans and specifications
included all irrigation ditches and waste water ditches and
drainage affected by the development. This included all matters
relating to Wilson Lane. My client's engineers worked with the
.~-.
. •~ t 7 .:...`~ jh
;,s
Mr. Larry Sale
September 13, 1995
Page 2
City of Meridian and the Ada County Highway District in obtaining
their approval of the plans and specifications for the development.
We understand that Item 1 of your letter actually
concerns the waste water ditch which serves as a drain for waste
water from two fields to the east and southeast of my client's
property. That prior to the development of my client's property,
the subject waste water ditch was already within the Highway
District's right of way. The plans and specifications for my
client's development clearly showed that the waste ditch was
proposed to be moved from the northern part of the right of way of
Wilson Lane to the southern part. This was accomplished because
the development plan called for my client's property to retain all
drainage ~on site and therefore eliminated the need for any drainage
from the site into the old waste water ditch that used to traverse
the northern portion of the Wilson Lane right of way. This plan
was approved by the Ada County Highway District as well as the City
of Meridian Engineering Department in accordance with the
Development Agreement.
As a result and with reliance upon the approval of the
plans and specifications, my client's development was constructed
in accordance with the approved plans, those approved plans
provided for pavement, curbing, and landscaping in areas adjacent
to where the waste ditch used to be. Because the improvements have
been constructed, the installation of a waste water line within and
across the southern portion of my client's property would be
extremely costly and a great deal more costly than it would have
been had a requirement been made, at the time that the plans were
considered for approval. My client and its agents have completed
their obligations and are now entitled to the issuance of the
occupancy periuit .
very truly yours,
/ ~, /)~
Wm. F. G' ray II`~
vm
cc: James C. Merkle, P.E.
Dick Schrandt
Jim McGarvin
Daniel V. Steenson
dibl/snl~.ltr
SEP 07 '95 12 51 FR CITY OF MERIDIAN 208 887 4813 TO 3424657
~~ ~ nFF'-~~.l,~e,L'G NUE OF TREASURE VALLEY
WILLIAM G. BERG. JR., Clty Clerk
JANICE L. GABS, ClryTreasttrer
GARY D. SMITFI, P.E, Clry Engu+eer
BRUCE D. STUART, Wat®r Worka Supt.
JOHN T. SHAWCROFT, Waste Wator Supt.
DENNIS J. SUMMERS. Parks Supt.
$HARI S. STILES, P i Z Adrtl.
PATTY A. WOL~KIEL. DMV Suparv{sor
KENNETH W. BOWffRS, Flre Chlef
W.L. 'BILL` OORDON, PdlCa Chfof
WAYNE G. CROOKSTON, JR.. Attomay
A Good Place co Live
CITY OF MERIDIAN
33 EAST IDAHO
MExIDrAty, IDAHO s36aa
Phone (208) 888-4133 • FAX (208) 887.4813
Publie Wotica/Bnilding Deputmen[ (208) 887-2211
Motor vehieleJDrivees Lio:tise (208) 888~4d3
GRA*1T P. IQNGSFORD
Mayor
September 7, 1995
Mr. Dick Schrandt, General Partner
Schrandt Family Partnership
3303 East Linden
Caldwell, ID 83b05
Dear Mr. Schrandt:
P.01~02
rr~ lwnn urrluraaee
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
wat,T w; Moaaow
P & -nMAAl6etpN
JIM JOHNSON, Chslman
MOE AUDJANI
JIM SHEARER
CHARLIE ROUNTREE
T1M HEPPER
It has come to my attention that there are several items that need tv be addressed at your
new facility on Fairview Avenue in Meridian. Most of these items are included in the
devElopment agreement which has been recorded in conjunction with your annexation.
Stab should be placed in the fencing along the south side of the property to screen these
materials from view. Although landscaping has been provided, it will be many years
before the plantings will have any impact toward providing a screen. The existing plant
da not appear to be receiving adequate water, as some aze dying. Planting of larger,
more closely spaced arborvitae in this area or construction of a slatted fence along the
southern boundary would take care of this.
All outdoor storage of equipment and materials are to be adequately screened with a
sight-obscuring fence. The materials on the west side of the building are not screened,
and apparently debris from theme stockpiles blows into adjacent properties.
During the conditional use permit process, no outdoor trash areas were shown, and I was
told all garbage would remain indoors and a trash compactor would be used. There has
been, for some time, a large garbage bin parked in the loading bay that is usually
overflowing and is unsightly. Please immediately move this trash receptacle back in the
building or provide a sight obscuring fence around same.
Complaints have also been received about dirt and dust blowing from the vat:ant parcel
to your weft. W bile C don't lrnow of any resolution to this problem besides a constant
watering down of the site or planting ground cover, I would like to know if you have any
plans for this parcel and if you have any ideas m help alleviate this problem.
Lastly, the problem with the drainage being moved to the south side of Wilson Lane
remains. Little action has been taken by your engineer to resolve this problem. While
I understand this issue is being worked out with the Ada County Highway District, I urge
you to come to a quick resolution to this problem for the sake of all parties concerned.
SEP 07 '95 12 51 FR CITY OF MERIDIAN 20E EE? 4E13 TO 3424657 P.02i02
Mr. Dick Schrandt, General Partner
September 7, 1995
Page 1'wo
Please contact me at your earliest convenience to let me know how you intend to comply
with the Zoning and Subdivision Ordinance and your development agreement. If you
would prefer that I work with your Meridian store manager on these issues, please let me
how. Thank you.
Sincerely,
CITY OF MERIDIAN
~.,.~~~
Shari L. Stiles
Planning & Zoning Administrator
cc: Wayne G. Crookston, Jr.
Dan Steenson
l
RI~rGERT
-~~ CL
H.',K l tt-tt
L:~~VYERS
august 25, 1995
aunGdn r :<u rcn
I1 Hl. df 1 N~rK
I;x nc~ P Vid llf ll. Nl
l.u Na ii. SI Ifn
lsurrk U Ifr1a.:rc•s
\IK'fl:kt 1 1.n N 1111tf['
t•L'1\':ll kl}HI1f11Hff111l1
11:N 11!!) \• ~Irrrl`1 NI
¢ircc'11 t:. ~411L'KIv
\IIf1Utt !V1111n 1i 1111 f 11;.11 w;~
BY cACSIMILE AND MAIL
Larry Sale
Ada County Highway District
318 East 37th Street
Boise, Idaho 83714
Re: D & B Supply relocation of drainage ditch in Wilson
Lane right of way
Dear Larry,
After the meeting at Wilson Lane regarding D & B Supply's
relocation of the drainage ditch on Tuesday, August 25th Barbara
and Tom Myall and I met to furtzer discuss the problem and
potential solutions.
At my rec;uest, John Anderson, the Water Superintendent of
Nampa & Meridian Irrigation District, met with us at the Myall
property. John and Bill Hensen of the District hays beer.
familiar with tze property for many years and John consented to
give us his impressions regarding the situation. John and Bil 1
have provided their input to the Myalls because they knew Andrew
Wolfs as a fo rner employee of the District. Mr. Wolfe, Mrs.
Myall's step-father, owned the Myall property and maintained the
irrigation delivery system for Pleasant Valley Subdivision until
1986. John and Bill have provided their input in their private
capacities as a favor to the Mya11s, not as agents or employees
of the District.
Mr. Mya11 clarified what wastes avatar did not drain from the
Myall property into the drainage ditch in its prior location, and
that he retsrns unused irrigation water back to Settler's
irrigation ditch my means of a ditch along their east property
line. As you know, the drainage ditch provides drainage for four
properties located to the east of the Myall's property. The
Myall's have no independent or commu-~ity interest in the drainage
ditch, and, therefore, no obligation to provide for its location,
relocation, or maintenance.
1j•j `txtrn Thirst ~treec • P.U. 30X 3i-3 • t3171Sf°. I(1811U i3~inl • 30ti/„~,~i-~?-•+:i91 F.~\ 3-E2-Lfi:~i
Larry Sale
August 25, 1995
page 2
D & B Supply's response to this problem has been thoroughly
discouraging. Instead of moving the ditch out of the Wilson Lane
right-of-way and the Myali's front yard, as you required in your
July 19, 1995 letter, D & B fortified it by installing $" Pipe in
the ditch in front of the Mya11's home. Mr. Anderson found the
inlets and pipes D & B installed in response to your June 30,
1995 letter to be undersized and inadequate. The downstream erd
of the pipe in front of the Myall house is already half filled
with sand. Sooner than later, water will back up at upstream end
of the pipe.
The D & B representatives at the July 27th and Rugust 15th
meetings argued that RCHD was responsible for the problem, and
were unprepared to discuss or propose any solution other than
leaving the ditch in its current location and condition. D & B
has not made any effort to contact the Myal is to discuss options
to remedy the problem now, or address future impacts. This is
one of the reasons we are taking this opportunity to advise you
of what we believe is necessary to remedy this problem.
As stated in my August 2nd letter to you, we continue to
believe that the only acceptable solution is for D & 8 Supply to
return the ditch to the north side of Wilson Lane.
The Myalls will not agree to grant an easement across their
property for the drainage ditch either now or in the future. The
Myalls cannot envision circumstances which would induce them to
grant such an easement, partic•11ar1y after their experience with
D & B. Therefore, relocating the ditch to cross the Myalls'
property is not an option.
We recognize that D & B will continue to press for leaving
the ditch on the south side of Wilson Lane. We believe this can
only be per.nitted with the following conditions:
1. D & B must pipe and bury the entire length of the ditch
along Wilson Lane. John Anderson recommended that the entire
length of the ditch should be piped, in part, to avoid the
problem which is now occurring at the east end of the undersized
pipe D & B installed in front of the Myall's rental home, and to
reduce the maintenance burden on the landowners who depend on the
ditch. John advised us that the pipe for permanent installation
should be a minimum of 13" reinforced concrete with access for
maintenance provided ever'/ 200 to 30o feet. The size of the pipe
should be determined by flow calculations and, of course, must be
installed at the proper grade.
2. D & B must bear the entire cost of piping the ditch.
3. The problems we have discussed regarding future
development could be handled in either of two ways. First, and
preferably, as is done in numerous subdivisions such as the
Danbury Subdivision, the pipe could be installed permanently as
described to provide access from the road as the road is
completed when future development occurs. One of the reasons
this approach would be preferable is because it does not involve
the expense and ot:Zer complications that 'rill attend relocation.
Second, if the pipe is installed with the expectation that
the ditch will be relocated in the future, it must be made clear
that the Myalls will not grant an easement across their property
for this purpose, either to D & B or the land owners who use the
ditch. This leaves t'~+o possible locations for the ditch: the
north side of Wilson Lane within the D & B property or to the
east of the Mya11 property to deliver irrigation return back to
Settler's irrigation canal. John Anderson informed us that.
latter option was feasible.
The Myalls and their successors in interest cannot be
required to bear any of the costs of such relocation. The
somewhat complicated issue of proposed compensation to the Myalls
for relocating the ditch becomes moot if the and lcandbenreso~ved
to grant an easement across their property,
by simply requiring those who benefit from and/or are responsible
for the relocation of the ditch to bear the cost of relocation at
the ti.~ne it becomes necessary.
I am preparing a memorandum to explain further the position
stated in this letter and will send you and the City of Meridian
a copy next week when it is completed.
Yours very truly,
aniel V. Steenson
cc: 3arbara Mya11
Sherry Stiles
Dave Weincoup
_ ,
~G11G
JAMES E. BRUCE. Presiaenr
SHERRY R. HUGER, :ice Presiclenr
SUSAN S. EASTLAKE. Secrerary
Daunt Whitman and Shari Stiles
Citv of Meridian
33 E. Idaho
Meridian. ID 83642
Re: D & B Supply Store
Fairview/Locust Grove/Wilson Lane
August 4. 1995
Please review the attached correspondence regazding this application. In the memo from me to
the file describing the meeting with the contractor for D & B, you will note that they agreed to
submit a proposal to me by close of business August 2, 1995 describing how they planned to
rectify the construction problems caused by the relocation of an irrigation ditch from the north
side of Wilson Lane to the south side in the right-of--way.
This is to advise you that as of this date, West Valley Builders has not communicated with me to
make such a proposal, nor as of August 2, 1995, had they contacted the property owners to the
south to determine if the irrigation ditch could be located on their property. Therefore, the
purpose of this letter is to request the City of Meridian to refuse to issue the Final Certificate of
Occupancy to D & B Supply until their contractor has rectified the identified problems to the
satisfaction of the Highway District and the City.
If you have any questions or if you wish to discuss the matter in more detail, please call me at
345-7680.
Sincerely,
arty S e
Devel pment Services Supervisor
cc: Chron.
Project File
Engineering Services
Traffic Services
Director
Attorney
Dan Steenson, Attorney
Gary D. Smith, P.E.
ada county highway district
318 East 37th • Boise. Idaho 83714-6499 • Phone (208) 345-7680
Ada County
Highway District
Development Services Division
Memorandum
Date: July 28, 1995
to: File, D Sup y
From: L a
D op nt Services Supervisor
subject: Correction of Faulty Construction along Wilson Lane
On July 27, 1995, I met with Rob McGarvin and another gentleman from West Valley Builders (D
& B's contractor), Mr. and Mrs. Myall and their attorney Dan Steenson. At the meeting, I explained
the violation of District policy that occurred when the irrigation ditch that was located on the north
side of Wilson Lane prior to the construction of the D & B store was closed and the irrigation water
was allowed to run in the borrow ditch along Wilson Lane.
We discussed some options to resolve the problem, amounting to the following:
• relocate the irrigation ditch out of the Wilson Lane right-of--way
• reconstruct the borrow ditch to conform with District standards
• reconnect the irrigation ditch to the Jackson Drain south of the Myall's property
• correct the driveway entrance to the Myall's shed
• do not cut the new pavement in Wilson Lane, except at the very eastern end where it stops
at the propem fence.
After discussion of various methods of attaining these corrective options, I asked Rob McGarvin to
submit a proposal to me by close of business August 2, 1995 describing how .the contractor was
going to rectify the problems. Mr. McGarvin agreed to do this.
I advised those present that the District would request the City of Meridian to not issue a final
Certificate of Occupancy for the D & B store if the situation is not resolved in a reasonable period
of time.
cc: Attorney
Shari Stiles, City of Meridian
Daunt Whitman, City of Meridian
Gary Smith, P.E., City of Meridian
RI~'GERT
~• CLAF
CH.'~RTER
L~~~VYER
August 2, 1995
BY ~acsIMIT,~ AND MAIL
Larry Sale
Ada County Highway District
318 East 37th Street
Boise, Idaho 83714
o sklr r:;.vx
J.li rc•5 r, Rrlu
J:u nc•> P wiuun:ul
L.ilua _. Burn
.UP-:1 L..:wrrnry
F <fInCK U h'urr~~
~IICl1.•irl J. OW)IIItiC
~\'K1 Ms11r1f11rrr~Ut)1
oallla ~' Sleertsufl
glc.m C. >k'uwur
ur1 I:awnwn ~ 193 1.1 ~:
Re: D & B Supply, construction of ditch on Wilson Lane
right of way and Myal 1 property
Dear Larry:
This letter summarizes our westing of Thursday, July 27,
1995, in which you, contractors for D & B Supply, the Myalls and
I discussed the ditch which D & B Supply constructed within
ACHD's right of way on the south side of Wilson Lane, and
apprises you that D & B Supply has not contacted us to pursue an
easement for relccation of the ditch across the Myall's property.
Therefore, we are requesting that ACHD require D & B Supply to
reconstruct the ditch on the north side of Wilson Lane and repair
the ditch on the south side of Wilson Lane to conform to ACHD
standards and the needs of the Myalls, including repair of
certain damage and intrusions on the Myall's property.
We discussed what you described as a decision error in
eliminating an irrigation drainage ditch from its location on the
north side of Wilson Lane and relocating the ditch to the south
side of Wilson Lane within ACHD's right of way. Copies of
portions of the plat for Pleasant Valley Subdivision are enclosed
which show ACHD's 60 foot right of way and the Certificate of
Owners which dedicates the use of the streets to t.'~e public.
You inforaed us that the relocation of the ditch was not
shorn an the plans submitted by D & B Supply to AC:iD, and roes not
approved by ACHD. The former ditch carried irrigation drainage
from lands located to the cast of the Myall's property and t,~e
present terminus of Wilson Lane. Drainage from those lands
enters a ditch on the east end of the Myali's property and enters
t.'~e culvert which previously crossed under the east end of Wilson
Lane. This ditch existed and served these lands from some time
during the 1950s, if not earlier, until this year.
:.55 South Third Stree; ~ P.O. Box 3 ~ T3 Boise. Idaho 33 ~ O ~ 308/3-~3-.~59 i ; •~%< 3~2--wS7
Larry Sale
,August 2, 1995
Page 2
D & B Supply eliminated the prior ditch and the culvert
which crossed under the east end of Wilson Lane, constructed the
ditch an the south side of Wilson Lane, and rerouted the
irrigation drainage thrcugh the new ditch without any prior
consultation with or consent from ACHD, the Myalls, and the other
ditch users. In the process of constructing tze new ditch, D &. B
Supply eliminated the Myall's access to their shed, and
constructed a ditch and left vehicle ruts intruding into the
northwest corner of their property.
Apparently in response to your letter of June 30, 1995, D &
B Supply installed and covered a pipe with a drop inlet in the
new ditch in front of the Mya11's house and shed and provided
gravel access to the shed. D & B Supply also installed a drop
inlet and pipe to connect with the culvert and pipe at the west
end of Wilson Lane.
During the meeting, you informed the contractors for D & B
Supply that, to correct this error, 0 & 3 Supply must (1)
relocate the ditch out of ACHD's right of way, (2) construct or
reconstruct a ditch in the right of way to conform to ACHD
standards for purposes of drainage off of Wilson Lane, and {3)
reconstruct the connection at the west end of Wilson Lane
adequate for the irrigation drainage. The representatives of
contractors for D & B Supply asked if it was feasible to pipe the
new ditch in the ACHD right of way south of Wilson Lane. You
informed us that ACHD would require calculations and plans to
show that such facilities will be adequate for the drainage, and
would require D & B Supoly to make a payment to the Myall's or
ACHD for the future relocation of the piped ditch. ACHD's
position would be that this is not the preferred solution and
would only be considered if them is no other alternative. The
possibility of D & B Supply obtaining an easement to Locate the
ditch on the Myal1's property was discussed.
At t.`~e close of our meeting, you advised D & B Supply to
submit a proposal or proposals to correct the situation by no
later than today. I understood that t.`:e action you would take
action =egardinq D & B Supply's occupancy permit would depend on
whether ACHD would accept D & B Supply's proposal. D & B
Supply's contractors said that they would contact me if they
wished to pursue that option.
D & B Supply has not contacted me as of the writing of this
lettsr. I interpret this to mean that D & B is not interested i;.
discussing the possibility of an easement for t.'~e ditch across
the Myall's property. The possibility of piping the ditch on the
south side of Wilson Lane does not seem viable or prudent because
this would require provisions for the future relocation of the
ditch, as you discussed. The only options fcr.~ditch iz the
~",.
Larry Sale
August 2, 1995
Page 3
future, as now, are to either move the ditch back to its prior
location on the north side or Wilson Lane, or reloc to it
somewhere across the Myall's property. This latter opti d ~ s °no~
require executior, of an easement, which D & B Supply
appear willing to discuss. A payment to the Myalis or ACHD for
future relocation is meaningless if there is nowhere for the
ditch to go, and there is no reason to pipe the ditch on the
south side of Wilson Lane while anticipating that it will be
relocated to the north side of Wilson Lane in the future.
We believe the only logical and acceptable solution is for D
& B Supply to reconstruct the ditch on the north side of Wilson
Lane and the culvert under the east end of Wilson Lane, and all
related facilities, pursuant approved engineer's plans and
calculations which show that the ditch will be adequate for the
delivery of irrigation drainage from the lands located east of
the Mya11's property. In addition, as you discussed, the ditch
on the south side of Wilson Lane must be reconstructed to meet
ADHD's requirements and the needs of the Niyalls, which includes
access to their shed. The ditch and the vehicle ruts intruding
onto the northwest portion of the Myalls property must also be
repaired.
Please inform me of D
it. I would appreciate an
it on behalf of the Mya11s.
& B's propvsai today, and
regard to their occupancy
reviewed the proposal.
~ B Supply's proposal when you receive
opportunity to review and respond to
I understand that you will receive D
that you will not take action with
permit until you have received and
we appreciate you attention to this matter and look for*~rard
to hearing from you this week..
yours very truly,
Denial V. Steenson
Enclosures
cc: Shari Stiles
Gary Smi ~"i P • E -
;~,vCw ~L_ u.v 3" T~+cSc ?4 _Scv'3, ;n,.% ~~cnard f. i+/i/son vnd Flyc~'r~ a.
i~/i~/ton, i7vo.^.o'~d an C' ril+-, cnd G°.v~;1 C. r~:i- ?nd ~?vCy i% ~r__r; isc%3COnd
,end iviTC, ?i'? 7yc a.vncrJ or 1rie fo//o.+••n9 dc~.:crv:oCJ ii1 cT' or /Cnd, 771 w.!'
,~n ir:-_ v/or ,7-r-T' i~ ;hc i'/c.1: i~c/r ~i'/. ~/?f ~r ..Sr-/ion 3. To.+ii,.ti~~~o .j
N:.~1ri ~T..9 ~`/ ~. .r^n~ : / = o.~T ~.?. / -~ J. Go i:i a ~Nsr~ d i On ~~ . ~~1. J, dCJC r-i~b C'~
~/ /"7.'i83 and Gx~nds O'J To//OAS
G.~~iinn~n~ Q% T.no Carte: r-1 0>' JccTi cns S, o, T :nd d , i. 3 N., ~ ! . !j. M.
Th+•nC_ ^/. ~ 8 • SS ~ ~ . ?/~•~ 1T~! No/'rn oou~'d0~~ cT .:CiG~ .J co. d , ~ eS ~. ~ %.: 7`
~a The //~ ~•C'iiOn Coi'ncr' GeTiveen ~~ec.s. Sand d
1YfCisC ~ 3. O ~ .~T ~. C/Onr~ ?~! //O~,'17 ?/~ .sOt~T7~ ~ f77~r /iisG T .1Cid ~:CC ~ ,
/TT/. ,j r..T' :o Cn iron min;
ti,~r~cc v . dT' .j.3 ~ i+! d dd. Q lcsT /a o~- iiyn ~~is;
~7n~ncc /% $.3' 06 ~ i/. ~ .J J' O r:±T' Ja .n ii~n r,iis ;
i?fanc_ N• o ' ' ?~ ~ %y. S8d . O r; -T io ?n ~i'avs ~,iin ;
~7fene.s N. S'' =/'i~/. 9Zd. O ."eol' To ois irois ~~ on Cn: ~/_sl' ooundOry or
sc~o' Sic. 8 ;
Tns~,:= //. O' s/'N. c'~ ~. ? i-s~r rb n~ ,.71cC~ or ~a9iinn.n~, TO~afh+.r' .viC
Q// rra~1'~r- ~'i~isrt, dimscs o'nd di'17..~s ruin/? or :voy rher~/a ndois~ii~st.
and luojecr ~o cr~:rTi.9 di rri 0•nd rood ri~is:.t or ivOy.
.;~ r'i-e/ ner_~y p/oT~v.~' r~:~-r.i„o /ots os Tf~s P__AS~v ~ v,~`__'' 3tJ8-
i v ! 3 t C ,v , and c nC/"may de':~/C?rte 1a i7f~ 'J?G ?l i1'7G rOf/O//C TOr!Y~~ %/7G JT/',~C%v'
?J J/fo~n O/1 ltfis !,?/Cr
~ .v 'y ~ ; .v .33 w rt E.~ enr F , fey iscYr ire:unlb seT r}!ri- ~.rds cad 1M/~ TYs.s
•
7
/r
~
~~11+~
i / ~~~~~
/ 1
~.~
I
~ '
. .~.~~
,
,~
sec.
r1 ~ i ~1
f
c ~ n~c
JAMES E. 3RUCE. PresiCent
SHERRY R. HUGER, Vice President
SUSAN S. EASTLAKE. Secrerary
Jim Merkle, P.E.
Hubble Engineering, Inc.
9»0 Bethe! Court
Boise, Idaho 8370
West Valley Builders
P.O. Box 106
C.'.aldwell, Idaho 83505
Re: D&B Supply
Wilson Lane
Gentlemen:
July 19, 199
After reviewing the situation regazding the reconstruction of Wilson Lane in conjunction with the
D & B Supply project, the following items must be corrected immediately:
1. Relocate the imgation ditch out of the right-of--way of Wilson Lane.
2. Regrade the borrow ditch along the south side of Wilson Lane to District standards.
;. Provide an adequate driveway to the Myall shed.
4. Reconstruct the irrigation wasteway to the drain ditch across Locust Grove/Wilson Lane.
Do not cut the pavement of either street.
These items must be completed within ten calendaz days. If they are not completed, I am
recommending by copy of this letter to the City of Meridian that the final occupancy certificate
for D & B not be issued.
S inc ly,
~~
~~. ,
S, e
Development Services Supervisor
cc: Chron Barbara Myall
Project File Sheri Stiles
Engineering Services Gary Smith, P.E.
Director
Attorney
add county highway district
318 Ecst 37th • Boise, Idaho 83714 • Phone (2C8) 345-7680
-~.,- ~~,
f
~9 ~
/y
URV ~i
July 17, 1995
RUBBLE ENGINEERING, INC.
9550 Bethel Court .Boise, Idaho 83709
Mr. Larry Sale
Ada County Highway District
318 N. 37th St.
Boise, ID 83714
PN 9418900
RE: Drainage Ditch along Wilson Lane
Dear Larry:
208/322-8992 Fax 2081378-~
~ECEIV
JUL 1 9 ~
ACHD ADM
c.1 (~Y1
~,~,~-- ~:C,-
As per our conversation on July 14, 1995, regazding the drain ditch along the Myall property on the south side
Wilson Lane, the ditch comes from the South and is apparently an overflow ditch when landowners to the sou:
and east are not diverting water for irrigation. The ditch also picks up waste water from the field adjacent to tl_
east.
Before development of the D&B site, the ditch was piped in 12"'RCP from the south to the north side of the existir
gravel road at the east end of Wilson Lane. From there it ran to the west and picked up waste water from the D
B parcel. At the intersection of Wilson Lane and Locust Grove, the ditch ended at another 12" RCP that broug
water back to the south side of Wilson Lane where it flows along Locust Grove to Nampa-Meridian Irrigatic
District's drain.
The ditch came from and went to the south of Wilson Lane and the only apparent reason it ran along the north sic
of the gravel road in Wilson Lane was to pick up drainage from the field where the D & B Supply now sits.
Upon development of the D & B Supply site, we were required to retain all our drainage on site and improve tr
north side of Wilson Lane with a 12.0 ft. lane on the south. Because the D & B site did not drain off-site, the ditc
was not needed on the north side of Wilson Lane. Instead it was kept along the south side of the asphalt in d
borrow where it also picks up the run-off from the southside of Wilson Lane.
In regards to Jon Thompson's letter dated June 30, 1995, we have spoken with Jim McGarvin of West Valle
Builders and he says that he has no problems doing the work mentioned and it will be done as soon as they can g
in to do the work. If you need to have a meeting on site, please let us know when so we can schedule with Ji:
McGarvin.
Sincerely,
Richazd J. Tomlinson
RJT/vw/2432.1tr
cc: Jim McGarvin, West Valley Builders
U
Q
(~ ~
=1 ~ 1
L
F-
7
Z
n
S
i11 ~ Ur
Q
~
~
-
3
a
i~ W
fn
~
m
m
o ~ v z~ m
e E z ~ w ~ G tn LL ~ uSW ~ ~t ~
O
C
¢
Ca
~
6
Z
~
~
~
~
.
o
~
a
~
~ ~~
io
T
~
yGq ..
~ d
.c
_ _ Q y L L ~ F c 1-•r~ h~ ~ 2(~ U W
OV WG,.IVp~~V vvi .-r -
RE: Wiisor. Lane - .• .. - . , _ ~ .
Dear Mr. Sales:
This letter is to advise you of two major problems, resulting from the Wilson
Lane road construction, that adversely impact my property located at 1470
North Locust.Grove Road,,Meridian Idaho.
1. Irrigation and road run off water is being diverted into a new, open
ditch, located on the south side of Wilson. Lane, in the county right-
of-way, that flows into a trespass ditch, located on my property.
The water is not entering the culvert, located under the. west end
of Wilson Lane, as it has done, historically:
2. The new, open ditch carrying the diverted water is within 10 feet
of my domestic welt. ~. ~.
On June 8, 1995, I sent a letter to John Thompson, Development Analyst,
ACRD, and Shari Stiles, P & Z ~ Administrator for the City of Meridian,
outlining these problems (copy enclosed). As of this date, I have -not
received a reply from Mr. Thompson and several telephone calls I have made
to him, have not been returned.. ~. ~ ~~ ~ ~ _
I ask that you investigate this mater and notify me, via letter, of your
determination. I am currently in Boise and can be contacted by mail ~at 2724
Alamo Road, Boise, ID~ 83704, .or telephone at 208/323-8171.
Sincerely,
~G~~~'~-~ ~ ~~
6arbara C. Myall
Enclosure
Barbara Myall
6227 Marlborough Dr.
Goleta, CA 93117
805-683-1771
Local Phone (208) 323-8171
June 8, 1995
Shari L. Stiles
Planning and Zoning Administrator
City of Meridian
33 East Idaho
Meridian, Idaho 83642
RE: Development Agreement between City of Meridian and Schrandt Family
Partnership.
Dear Shari:
I am writing in hopes that the City of Meridian, through their Development Agreement with
the Schrandt Family Partnership for the development of D&B Supply on Fairview Avenue
can correct the problems created by development and impacting our property and
residence at 1470 N. Locust Grove.
Problem:
Water from irrigation and Wilson Lane runoff has been diverted and is flowing
down a newly constructed ditch on the south side of Wilson Lane within 10 feet of our
domestic well and entering our field. Wilson Lane is from 5 feet to 1 foot higher than it
was on June 7, 1995 and I do not have ingress and egress from our shed for farm
equipment. D&B trespassed onto our property and constructed ditches and disposed of
mate~al from the sewer line Construction.
Historic background:
The irrigation water serving D&B land and our land has always gone under
the east end Wilson Lane in a concrete culvert and run down the north side of Wilson
Lane, as shown on Aerial Photo Flights, fAP~. The irrigation ditches were constructed
prior to 1948 on the land, APF, 6/T5/49 - bHT-4F-94,95.96. Wilson Lane was
constructed without engineering by Harby King afEec 1~ APF 7/8/57 • DHT-ST-121,122
and v rhal statement of Ray Tuckness, owl of Lot 7, Pteasant Valley Subdivision.
- t
Current Background:
We have never been contacted by D&B Supply or their developers for any
information or permissions.
Barbara V[yail - 1.470 v. Locust Grove and D&Ssu~uiy - 613/99
I find two sections in the Idaho Code, Chapter 43 that I believe pertain to
this, and there may be more, they are 18-4306 - Iniuries to ditches and aoourtenances
and 18-4308 -Change of lateral ditch or buried irrigation conduit.
I also believe that the Development Agreement between the City of
Meridian and Schrandt Family Partnership also pertain, they are:
Page 2 - [3] filing of plans
Page 2 - [4] at developers expense construct tiling and piping of irrigation ditches
Page 3 - [7] "corrected" original drawings
Page 4 - [10] City shall have right to withhold the issuance of any Certificates of
Occupancy
Page 5 - [15] Exhibit "B" attached is made a part hereof
The items in Exhibit "B" that I believe pertain are:
Page 1 of 4 - [4] at developers expense do the following
Page 3 of 4 - [4 I ]Compliance with ACHD Conditions of Approval
Page 3 of 4 - [4m] Canals, Ditches and Waterways. Tile all canals, ditches and _
nthar ~ti~^tan~~~~c ~e~t~irh are to be preserved and submit evidence of appropriate
approvals from the irrigation district and/or downstream water users.
The items in Ada County Highway District conditions I believe pertain are:
Standard Requirements:
[1 & 2] Street and drainage improvements
[4] Provide written approval from irrigation/drainage district for runoff into their
system.
[5] Locate irrigation and drainage appurtenances outside of street improvements.
Authorization for relocation shall be obtained from the appropriate entity.
[6j Continue existing irrigation and drainage systems across parcel.
Solutions:
[1 ] Have D&B tile, for its total length, the new ditch they made on the
south side of Wilson Lane.
[2] Have D&B end the tiled ditch with a drop inlet into the culvert that
goes under the west end of Wilson Lane.
[3] Have D&B provide ingress and egress to our shed.
[4] Have D&B repair their trespass damage to our land in the NE comer
of Lot 20 and the NW comer of Lot 18. '
[5] Have D&B remove the sand from my irrigation ditches on the N side
of Lot 19.
Barbara ~Iyall - 1470 ~I. Locust Grove and D&B Supply - 6i8l9
Thank you, Shari, for your anticipated cooperation in resolving these problems. As
always, I appreciate the help you have given me in the past and look forward to your
reply.
Sincerely,
,~ CJiv~~ ~-a~" ~-- ~ r~! -~
l~
Barbara C. Myall ~ '
-'`;:
c~~: Ada County Highway District -John Thompson
Barbara Vtyail - 1470 N. Locust Grove and D&B Supply - 6/8/95
A. ACRD Commission's June 9 June 15 and October 3. 1994
General Information and Site Sgecific Requirements
Wilson Lane is at the property's southern boundary. Staff
recommends Wilson Lane be constructed as a 41-foot back-to-back
street section with vertical curb, plus 12-feet of paving and 5-
foot sidewalks along the parcel being developed. Wilson lane
shall be improved with 24-feet of paving from the west end of
this development to Locust Grove. Full roadway improvements
will be required when the parcel to the west of the subject
parcel is developed.
Standard Requirements
1. Street and drainage improvement required in the public
right-of-way shall be designed and constructed in conformance
with District standards and policies.
5. Locate obstructions (utility facilities, irrigation and
drainage appurtenances, etc.) outside of the proposed street
improvements. Authorization for relocation shall be obtained
from the appropriate entity.
6. Continue existing irrigation and drainage systems across
parcel.
7. Submit three sets of street construction plans to the
District for review and appropriate action.
8. Submit site drainage plans and calculations for review and
appropriate action by ACRD. The proposed drainage system shall
conform to the requirements of Meridian and shall retain all
storm water on-site.
Public street drainage facilities shall be located in the public
right-of-way or in a drainage easement set aside specifically for
that use. * * * Drainage easement and their use restrictions
shall be noted on the plat.
13. A right-of-way permit must be obtained form ACRD for all
street and utility construction within the public right-of-way.
14. A request for modification, variance or waiver of any
requirement or policy outlined herein shall be made, in writing,
to the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
1
B. City of Meridian's Findings of Fact And Conclusions of Law
1. June 14 1994 FF & CL• Planninci & Zoninct hearing for
annexation and zoninct
FINDINGS OF FACT
3. [N]o specific use for the property was presented but a
letter accompanying the application stated that the proposed use
was for general commercial. (p. 2.)
8. Ada County .Highway District (ACHD) submitted comments
and such are incorporated herein as if set forth in full. (p. 2.)
10. * * * Shari Stiles' submitted comments and they are
hereby incorporated herein * * * that no development proposal has
been received; that [the legal description [of the parcel to be
annexed needed to include] all the area to the centerlines of
adjacent roadways; that a development agreement is necessary
prior to annexation addressing * * * tiling of ditches, * * * and
other City goals and requirements * * *. (p• 3•)
18. The FF & CL cites several "pertinent statements" from
the Comprehensive plan (pp. 4-7). Among these:
1.3 The character, site improvements and type of new commercial
or industrial developments should be harmonized with the natural
environment and respect the unique needs and features of each
area.
4.7U Community shopping centers must be planned for future
integration of adjoining residential uses.
5.16U All development requests
review and conditional use
neighborhood compatibility.
will be subject to development
permit p rocessing to ensure
5.18U Existing residential properties will be protected from
incompatible land use development in this area. Screening and
buffers will be incorporated into all development requests in
this area
6.4U Limit the conversion of predominantly residential
neighborhoods to nonresidential uses, and require effective
buffers and mitigation measures through conditional use permits
when appropriate nonresidential uses are proposed.
21. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states as follows: "Existing rural
residential land uses and farms/ranches shall be buffered from
urban development expanding into rural areas by innovative land
use planning techniques." (p. 8.)
2
28. Citing section 67-6513 of the Local Planning Act,:
'Each such ordinance may provide for mitigation of the effects of
subdivision development on the ability of political subdivisions
of the state, * * * without * * * imposing substantial additional
costs upon current residents to accommodate the subdivision.' (p.
9.)
30. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial or
industrial uses to screen the view from residential properties."
(p. lo.)
36. The Comprehensive Plan, recently adopted, does state
that in the Mixed-Use Area at Locust Grove Road and Fairview
Avenue development requests will be subject to development review
and conditional use permit processing to ensure neighborhood
compatibility. (p. 12.)
CONCLUSIONS OF LAW
9. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian and in
particular Section 11-9-616, which pertains to development [of]
time schedules and requirements, and Section 11-9-605M., which
pertains to the tiling of ditches and waterways * * *. (p. 13.)
11. * * * the City may impose restrictions that are not
otherwise contained in the current Zoning and Subdivision and
Development Ordinances. (p. 14.)
12. The Applicant has not stated or represented its
intention as to development, which is of concern to the
Commission; it is therefore concluded, as a condition of
annexation and zoning, that any use or development of the
property shall only be allowed as conditional uses. (p. 14.)
14. * * * all development requests will be subject to
development review and conditional use permit processing to
insure neighborhood compatibility, and since the City should
have control over any uses that are to be placed on the land
The FF & CL requires D & B to enter a development agreement
with the City:
16. [T]he Applicant shall be required to enter into a
development agreement as authorized by 11-2-416 L and 11- D;
that the development agreement shall address, among other
things, the following:
3
6. Appropriate berming and landscaping.
7. Submission and approval of individual building,
drainage, lighting, parking, and other development
plans under the Planned Development guidelines.
9. Harmonizing and integrating the site improvements with
the existing residential development (pp. 15-16.)
17. [Citing section 11-2-417 D]: [T]he above section
states that the development agreement shall take effect upon the
adoption of the ordinance annexing and zoning the parcel and
since no development agreement has been agreed on, or even
discussed, it is concluded that the development agreement is
information that the City Council needs prior to the final action
on the annexing and zoning applications * * *. (pp. 16-17.)
18. [T]here shall be no annexation until the requirements
of these Findings of Fact and Conclusions of Law are met and the
annexation and zoning is conditioned upon meeting the
requirements of these Findings of Fact and Conclusions of Law.
(P. 17.)
19. That the requirements of the Meridian Police
Department, Meridian City Engineer, Ada County Highway District,
Meridian Planning Director, Central District Health Department,
and the Nampa & Meridian Irrigation District, shall be met and
addressed in the development agreement. (p. 17.)
20. That all ditches, canals, and waterways shall be tiled
as a condition of annexation and if not so tiled, the property
shall be subject to de-annexation. (p.17.)
21. [T]he development of the property shall be subject to
and controlled by the Subdivision and Development Ordinance and
the development agreement. (p. 11-18.)
22. That these conditions shall run with the land and bind
the applicant and its assigns. (p. 18.)
23. With compliance of the conditions contained herein,
[annexation] would be in the best interest of the City of
Meridian. (pl. 18.)
24. That if these conditions of approval are not met, the
property shall not be annexed. (p. 18.)
4
2.
The City Attorney added the following to the FF & CL
pursuant to the Council's direction to prepare additional
findings incorporating testimony at the hearing.
FINDINGS OF FACT
The Myalls requested that the Council consider the impact
of the proposed annexation on adjoining property, and "have the
development agreement address how the property is going to impact
the adjoining property owners for a comprehensive plan of
development of the entire corner, * * *." (para. 12, pp. 4-5.)
CONCLUSIONS OF LAW
Pursuant to the City's authority to annex land, the FF & CL
state:
8. [T]he City may, as part of the annexation, and as a
condition of the annexation, place conditions of approval on the
annexation, which must be met prior to the adoption of an
annexation or ordinance, or which may be allowed to be met after
annexation and if not met the parcel shall be de-annexed. (pp.
15-16.)
12. That the Applicant's proposed use of the property is
not known and therefore it is not know whether the application is
in compliance with the Comprehensive Plan, and therefore the
annexation and zoning should be conditioned on the City
determining what the proposed uses are and whether the proposed
uses are in conformance with the Comprehensive Plan, or the
property should be subject to de-annexation if the uses and lay-
out of uses are not in compliance with Meridian Comprehensive
Plan. (p. 17.)
13. Additionally, the Applicant has not stated or
represented its intention for development, which is of concern
to the Commission and the City Council; it is therefore
concluded, as a condition of annexation and zoning, even if some
uses are revealed and those uses are determined to be in
compliance with the Comprehensive Plan, any use or development of
the property shall only be allowed as a conditional use with
design review. (p. 17.)
3. October 11 1994 FF & CL• Planning & Zoning hearing for
t_he Conditional Use Permit
The City Attorney added the following to the FF & CL
pursuant to the Commission's direction to amend the FF & CL to
"reflect the testimony tonight and specifically addressing the
5
screening of the Wilson Lane side of the development."
FINDINGS OF FACT
8. * * * Dick Schrandt, of D & B Supply * * * stated
that there would be screening to Wilson Lane, that a development
agreement had been submitted, that they had no problem with
complying with the Meridian staff comments, * * * that they would
add to the landscape on the south * * * that there would be
fencing and landscaping around the building, and that they would
do the screening necessary." (pp. 3-4.)
9. [Tom Zabala testimony on behalf of the Myalls:J
conditions should be required so that development would be done
in accordance with the Ordinances and the Comprehensive Plan;
that the landscaping on the south shown on the plans was
inadequate; that the Myall's property would probably be developed
into office or high density residential; that there should be a
condition that the south should be landscaped and there should be
protection of the property to the south that relate to noise,
refuse, lighting and debris; * * * that there should be a five to
six foot solid screen of the property to the south; that there
should be five to six foot planters for conifer and deciduous
trees * * *. (pp. 4-5.)
11. Execution of the development agreement "was a condition
to passage of an annexation ordinance." ( pp. 6-7.)
13. [ACHD comments-] * * * Construction of Wilson Lane must
be one-half of a 41-foot back-to-back street section with
vertical curb. plus 12-feet of paving and 5-foot concrete
sidewalks along the subject parcel, * * * and Wilson Lane must be
constructed * * * with 24-feet of paving and that * * * there
must be coordination of the design and location with ACRD
development staff. (p. 7.)
CONCLUSIONS OF LAW
4. * * * [T]he City of Meridian has authority to place
conditions on a conditional use permit and the use of the
property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-
418(D) of the Revised and Complied Ordinances of the City of
Meridian, Idaho. (p. 7.)
Applying the standards of 11-2-418(C), the Council found
that:
5. (b) The use should be harmonious with and in accordance
with the Comprehensive Plan but the Findings of Fact and
Conclusions of Law on the Annexation require a conditional use
permit to allow the use.
6
(c) The use apparently would be designed and constructed,
to be harmonious in appearance with the intended character
of the general vicinity.
(d) That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses. (pp. 10-
11.)
6. That all ordinances of the City of Meridian must be met
* * *. (P. 11)
7. All requirements of the Findings of Fact and
Conclusions of Law adopted for the annexation and zoning of the
property and of the annexation and zoning ordinance that will be
adopted must be met, including entering into a development
agreement; that the development agreement must meet the
requirements outlined in the Findings of Fact and Conclusions of
Law adopted on the annexation of the property * * *. (pp. 11-
12) .
8. [Since the City Council also concluded that the
property should be subject to de-annexation if the uses and lay-
out of uses are not in compliance with the Meridian
Comprehensive Plan, it did not intend to require total
disclosure of all development and uses before a single use was
allowed under the conditional use process; this is so concluded
because the Council stated that the land could be de-annexed if
the use did not comply with the Comprehensive Plana (p. 12.)
9. It is further concluded that the Applicant shall meet
all of its representations made at the public hearing, shall meet
the requirements and comments of the City staff, particularly
those of Shari Stiles, and of the Nampa & Meridian and Settlers
Irrigation Districts. (p. 13.)
10. * * * the development agreement is concluded to be a
condition of a conditional use permit * * *. (p. 13.)
C. Developer's Representations to the Council and Commission
1. Auciust 16 1994 Hearing before the City Council
Jim Merkle: * * * We have met with the highway district are in
accordance with their requirements for this parcel. It is in
conformance with your new comprehensive plan that you spoke of.
Regarding staff's comments, Mr. Smith's comments are more just
informational 3 items and I think we are in agreement with those.
Shari's comments are also can be met * * *. (p. 36.)
7
2. October 11 1994 Hearing before the Commission
Dick Schrandt: At this point in time we have met all the
requirements required by the City without any significant
deviation including some additions to the drawings that you have
already been given. * * * We have provided more screening on the
south side of the property on Wilson Lane. We have also met with
ACRD and have met all of their requirements as well. * * * We
have reviewed all the City department comments that have been
given to us so far and we have no problems complying with any of
those. * * * From the drawings that we have given you we hope we
have convinced you that this is going to be a very attractive
store. We think it is going to be a very good addition to the
City of Meridian. (pp. 50-51.)
* * * we are not going to be sloppy at all when it comes to
the landscaping. As you have seen in that design we have, there
is a lot of screening all around that property.
Hepper: Could you comment about any fencing or anything on the
back of the property. There is a residence back there that faces
directly into the back of the store, is there any possible thing
that can be done to that. I don't know put in some trees or
shrubs to help the view of the back of the store.
Schrandt: We are going to be continuing in providing landscaping
across the back of the store as well. That was a comment made by
Shari and we don't have any problem providing that as well. It
is not (inaudible) but that was one of the new requirements that
she talked to use about and we don't have any problem with that.
Hepper: Will you guys be improving Wilson Lane?
Schrandt: Yes, we are meeting ACHD requirements and improving
that lane, where we do our half whether the paving. (p. 52.)
(After comments by Tom Zabala and Thom Myall.)
Schrandt: Just to answer some of the comments that were made by
Mr. Zabala we have already addressed that there will be
additional landscaping provided on the south side of that
building. * * * As far as contamination due to water, I am not
sure where that would come from, again our products are not
contaminated, not toxic. All water run off will be contained on
the property according to code and arrangements that we have
already made.
Hepper: Would you address the fencing that they mentioned?
Schrandt: We have fencing all the way around our yard, our
property in our design. In addition to the fencing there is
screening from trees and shrubbery all the way around the
8
property too.
Hepper: Would this include that strip across the back of the
building that didn't show on the map?
Schrandt: Yes, the fencing comes around part way and then like I
mentioned before we will be providing more landscaping across the
back of that store.
Hepper: Would the fencing be included with that landscaping
across the back of the store?
Schrandt: No fencing, I am not sure what the fencing would
accomplish.
Hepper: More or less a screen for the residents, I assume the
residence is just opposite the store.
Schrandt: No, the residence is off (inaudible) there is nothing
behind the store itself.
Hepper: Although someday there could be, the general ideas that
it would probably be high density housing that would be normal
transition from commercial to residential. Whether it happens or
not we don't know. I don't know, I don't personally feel that a
6 foot fence across the back of there is not an unreasonable
request.
Schrandt: If the requirement is that there be some screening we
will provide whatever screening is necessary. (pp. 56-57.)
Rountree: Mr. Chairman, I make a motion that the preliminary
findings of fact and conclusions be amended to reflect the
testimony tonight and specifically addressing the screening of
the Wilson Lane side of the development.
MOTION CARRIED: All yea. (p. 57.)
D. Other Comments
1. Central District Health Department's comments dated
10-13-94
"Groundwater can be as shallow as 5 feet below grade. See
attached recommendation for stormwater management to prevent
ground water degradation. Use grassy swales in the design."
2. Nampa & Meridian Irrigation District's comments dated
9-16-94
"All laterals and waste ways must be protected."
9
E. Development Acreement between the City of Meridian and D &
B dated November 1, 1994 recorded December 30, 1994
The Development Agreement requires D & B Supply to:
3. File a complete set of Improvement Plans "showing
tiling and piping of irrigation ditches * * * drainage * * * and
other such improvements contemplated within the development."
4. & 5. "[A]t its own expense, construct and install all
[storm drains, tiling and piping of irrigation ditches] as well
as any and all other improvements * * * in strict accordance with
filed and approved Improvement Plans, and [City standards]."
6. Give the City Engineer at least fifteen days advance
notice of the improvements it intends to complete.
7. Correct the original Improvement Plans to show the
actual constructed location of "the * * * tiled and piped
irrigation ditches * * *." After inspecting the construction of
the improvements, including piped and tiled irrigation ditches,
an engineer must certify the corrected Improvement Plans and must
certify that the materials for and installation of the
improvements conform to applicable City standards.
8. Notify the City Engineer immediately upon the
completion of any improvement and request that he inspect and
give written acceptance of the improvement.
9. Upon a finding by the City Council that an improvement
must be completed, construct the improvement within a reasonable
time. If D & B does not construct the improvement within a
reasonable time after notice, the City may make the improvement
and D & B must pay for its construction. Such finding must be at
a regular or special meeting of the City after notice to D & B.
10. "[D & B] agrees that upon its having received written
notification from the City Engineer, that any of the requirements
herein specified have not been complied with, that the CITY shall
have the right to withhold the issuance of any Certificates of
Occupancy within such annexed area and/or shall have the right to
withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all
requirements specified herein have been complied with."
11. If any of the improvements required in the Development
Agreement are not timely installed the City may, after ten days
notice, foreclose any posted security or pursue any other remedy
available under the agreement or otherwise.
12. To insure installation of the improvements, D & B must
provide security as allowed under 11-9-6060.
10
14. "[N]o Certificates of Occupancy will be issued until
all improvements are completed, unless the City and [D & B] have
entered into an addendum agreement stating when the improvements.
will be completed in a phased development; in any event, no
Certificates of Occupancy shall be issued in any phase in which
the improvements have not been installed, completed, and accepted
by the CITY."
20. D & B must "abide by all ordinances of the CITY of
Meridian and the property shall be subject to de-annexation if
the owner or his assigns, heirs, or successors shall not meet the
conditions contained in the Findings and Conclusions of Law, this
Development Agreement, the Ordinances of the CITY of Meridian,
and the Comprehensive Plan of the City of Meridian which was
approved and adopted on January 4, 1994."
Exhibit A - Lecjal Description
The legal description of the parcel subject to annexation,
the Development Agreement, and conditional use permitting
includes Wilson Lane, from the centerline to the north.
Exhibit B - Special Conditions
3. D & B must comply with the requirements of the Ada
County Highway District, Central District Health Department and
the Nampa & Meridian Irrigation District.
4. D & B must, at its cost and expense:
j. obtain the City's approval of a subdivision plat
which conforms with the requirements of the City's Ordinances and
the Idaho State Code;
k. obtain the City's approval of all drainage and
grading plans, landscaping plans, and other plans relating
to the development of the property;
1. comply with the conditions ACHD's approval of the
annexation and zoning of the property in the ACHD Staff Report,
"or as may be required by ACHD with respect to the approval by
ACHD of the Conditional Use Applications to be filed by [D & B];
m. "Canals. Ditches and Waterways. Tile all canals,
ditches and other waterways which are to be preserved and submit
evidence of appropriate approvals from the irrigation district
and/or downstream water users;" and
r. prevent all construction debris from migrating to
adjacent properties during construction.
11
F. MERIDIAN CITY ORDINANCES
The following ordinances apply generally to D & B's
development, to the specific aspects of the development which
adversely impact the Myalls' property, and provide a variety of
enforcement mechanisms to remedy the problems.
1. GENERAL
No building, structure or land shall be used or occupied and
no building or structure or part thereof shall be erected,
constructed, reconstructed, moved or structurally altered except
in conformity with all of the regulations herein specified for
the district in which it is located. 11-2-407.
The purpose of the City's review and approval of D & B's
plans is to "ensure that development and construction occurs as
it is represented it will occur." 11-2-410C. "Any violations of
the representations or conditions of approval shall be violations
of this Ordinance or the Subdivision Ordinance." 11-2-410C.
The City's Ordinance containing Performance Standards For
District Uses, unambiguously state that its "provisions shall be
adhered to." For commercial and industrial uses, the standards
require that:
1. No land or building in any district shall be used or
occupied in any manner creating * * * noxious, or otherwise
objectionable conditions which could adversely affect the
surrounding areas or adjoining premises except that any use
permitted by this Ordinance may be undertaken and maintained if
acceptable measures and safeguards to reduce dangerous and
objectionable conditions to acceptable limits * * *. 11-2-413B.
The SUBDIVISION AND DEVELOPMENT ORDINANCE, Title 9, Chapter
600, applies to "the development of all land within the legally
defined Meridian City limits." 11-9-601C. Among the objectives
of the ordinance are:
4. To encourage orderly growth and development, thereby
avoiding scattered development of land that results in * * * a.
The lack of * * * drainage
5. To protect residential * * * areas from the intrusion
of incompatible uses;
10. To specify the requirements as to the extent and manner
in which: a. Roads and streets shall be created and improved
12. To encourage the proper distribution and compatible
integration of neighborhood commercial uses into all residential
areas of the City;
12
20. To secure equity among individuals in the utilization
of property. 11-9-602
Preliminary plats must contain:
m. Any proposed or existing utilities, including, but not
limited to, storm and sanitary sewers, irrigation laterals,
ditches, drainage, bridges, culverts,
q. A statement as to whether or not a variance will be
requested with respect to any provision of this Ordinance
describing the particular provision, the variance requested, and
the reason therefor;
r. A statement of development features. 11-9-604
11-9-605 DESIGN STANDARDS
All plats submitted pursuant to the provisions of this
Ordinance, and all subdivisions, improvements and facilities
done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth
hereinafter in this Section; provided, however, that any higher
standards adopted by any Highway District, State Highway
Department or Health Agency shall prevail over those set forth
herein. 11-9-605A.
When reviewing a request for approval of a conditional use,
the City must "find adequate evidence showing that such use at
the proposed location:
2. Will be harmonious with and in accordance with the
Comprehensive Plan and this Ordinance;
3. Will be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the existing
or intended character of the general vicinity and that such uses
will not change the essential character of the same area;
4. Will not be disturbing to existing or future
neighboring uses. 11-2-418C.
2. D & B's RELOCATION OF THE IRRIGATION DRAINAGE DITCH
The detailed provisions of City Ordinance 11-9-605M protect
the integrity of irrigation and drainage ditches by requiring
that they be tiled in new developments.
11-9-605M TILING OF DITCHES
Tiling of irrigation ditches, laterals or canals. All
irrigation ditches, laterals or canals, exclusive of natural
13
waterways, intersecting, crossing or lying adjacent and
contiguous, or which canals, ditches or laterals touch either or
both sides of the area being subdivided, shall be covered and
enclosed with tiling or other covering equivalent in ability to
detour access to said ditch, lateral or canal. The City may
waive this requirement for covering such ditch, lateral or canal,
if it finds that the public purpose requiring such will not be
served in the individual case.
In the tiling of any irrigation or drainage ditch not within the
jurisdiction of an irrigation or drainage district shall be
completed so as not to impede the movement of the amount of water
crossing the property in the open ditch prior to development and
the tiling of the ditch or canal. The pipeline shall have a
sloped bar-grated inlet structure and access/clean out boxes at a
maximum of four hundred feet (400') spacing and at all angle
points of the pipeline.
Where the ditch under consideration is on the boundary between
the land being developed and adjacent land not owned by the
developer or the owner of the land being developed, or is in fact
the boundary, the ditch shall still be tiled. The developer
shall attempt to obtain the permission of the adjacent land owner
to the the ditch and attempt to have the adjacent land owner
share in the cost of the tiling. If the adjacent land owner is
unwilling to cooperate in sharing the cost of the tiling but
willing to allow the use of his land for tiling, the developer
shall the the ditch at his sole cost. If the adjacent land
owner is unwilling to allow his land to be used for purposes of
tiling the ditch, the developer may request the City to condemn
that part of the adjacent land necessary to the the waterway but
the developer shall be required to pay all of the cost of
condemnation and pay all of the costs of obtaining the adjacent
land and all of the cost of tiling the ditch, lateral or canal.
3. STORM WATER DRAINAGE
The City's Design Standards For Off-Street Parking require
that D & B submit a "drainage plan designed by an architect or an
engineer" to be approved by the City Engineer. 11-2-414 D
(2) (d)
11-9-606B IMPROVEMENTS, PUBLIC
Every subdivider shall be required to install at his own
expense the following public and other improvements in accordance
with the conditions and specifications, as follows:
7. Storm Drainage: An adequate storm drainage system
shall be required in all subdivisions. * * * Construction shall
follow the specifications and procedures established by the
Council, and management practices outlined in the Urban Runoff
14
Control Handbook of the area-wide water treatment management
(208) plan;
4. THE EXPOSED DIRT IAT WHICH D & B EXCAVATED
The Performance Standards require that: "No erosion by man,
wind, or water shall be permitted which will carry objectionable
substances onto neighboring properties." 11-2-413 B.
Filling, grading, and other earth-moving activity" are
recognized as "unique land uses [which] pose special problems
that may have detrimental influences on surrounding land uses."
The City's performance standards require that earth-moving
activity be performed so that it:
a. Will result in the smallest amount of .bare ground
exposed for the shortest time feasible;
b. Will provide temporary ground cover such as mulch;
c. Will use diversions, silting, basins, terraces, and
other methods to trap sediment;
f. Will construct and stabilize sides and bottom of cuts,
fills, * * * to prevent erosion or soil failure. 11-2-413 C
(9) .
5. INADEQIIATE SCREENING
The City's Design Standards for Off-Street Parking require
screening "[w]henever a commercial off-street parking area is
located in or adjacent to a Residential District, * * *." 11-2-
414 D (2)(c). The residential district must be:
effectively screened on all sides which adjoin or face any
property used for residential purposes by a wall, fence, or
planting screen that is not less than four feet (4') in height
plus a planting strip of four feet (4') minimum width or in an
alternate arrangement as approved by the Commission.. Id.
6. D & B'S EXPOSED TRASH BIN
The City's Performance Standards require that:
All trash and/or garbage collection areas for commercial,
industrial, and multi-family residential uses shall be enclosed
on at least three (3) sides by a solid wall or fence of at least
four (4) feet in height or within an enclosed building or
structure. 11-2-413 A (3).
15
7. COMMERCIAL MATERIALS WHICH D & B SUPPLY STORES OUTDOORS
The City's performance standards require that the outdoor
storage of commercial materials be:
screened from view from any existing adjoining residence or
residentially zoned area whether or not such property is
separated by an alleyway or street. 11-2-413 C (12).
8. ENFORCEMENT
There are numerous provisions for enforcement of the
requirements of the ordinances, the Development Agreement, and
the Findings of Fact and Conclusions of law.
a. Termination of the Development Agreement
Idaho Code section 67-6511A provides that:
A commitment may be terminated, and the zoning designation
upon which the use is based reversed, upon the failure of the
requirements in the commitment after a reasonable time as
determined by the governing board or upon the failure of the
owner * * * to comply with the conditions in the commitment and
after complying with the notice and hearing provisions of section
67-6509, Idaho Code. I.C. §67-6511A.
b. Conditional Use Enforcement
In approving and Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds and safeguards in
conformity with this Ordinance. Violations of such conditions,
bonds or safeguards, when made a part of the terms under which
the Conditional Use is granted, shall be deemed a violation of
the Ordinance and grounds to revoke the Conditional Use. The
Commission and Council may prescribe a set time period for which
a Conditional Use may be in existence. 11-2-418D.
"All conditional use permits are subject to revocation by
the City Council." 2-418E.
c. Certificate of Zoning Compliance
A Certificate of Zoning Compliance is required for the
construction of any building or structure or any change in the
use of land. The Certificate expires and is revoked if the work
described in it is not begun within one year of its issuance.
11-2-4208.
16
d. Certificate of Occupancy
D & B must obtain a Certificate of Occupancy from the City
Building Inspector, "stating that the proposed use of the
building or land conforms to the requirements of this Ordinance
and with all conditional provisions that may have been imposed."
Failure to obtain a certificate is a violation of the ordinance.
11-2-421 A, C.
"[N]o occupancy permit shall be issued until all
requirements of the City of Meridian have been met." 11-2-421E.
e. Penalties
Pursuant to Idaho Code, 67-6527, a violation of this
Ordinance is hereby declared to be a misdemeanor and the violator
may be punished by a fine or up to three hundred dollars
($300.00) for each such violation and may be imprisoned for each
violation for a maximum of six (6) months in jail. In addition,
whenever it appears to the City Council that any person has
engaged or is about to engage in any act or practice violating
any provision of this Ordinance, the City Council may institute a
civil action in the District Court to enforce compliance with
this Ordinance. Upon a showing that a person has engaged or is
about to engage in an act or practice constituting a violation of
this Ordinance, a permanent or temporary injunction, restraining
order or other such relieve as the Court deems appropriate may be
granted. The governing board shall not be required to furnish
any bond in said civil proceeding.
In addition to the above penalties for violation of this
Ordinance, the City may also enforce the provisions of this
Ordinance with the enforcement and penalty provisions of the
Subdivision and Development Ordinance contained in 11-9-613.
f. Guarantee of Completion of Improvements
The owner of the property being subdivided shall grant to
the City a lien to secure the placement and construction and
completion of all improvements required. under subsection 9-
6068, or any other requirements made by the Council prior to
final plat. The lien shall be granted by the owner of the
property and shall be filed with the Administrator prior to the
City's approval of the final plat. If the owner and/or
developer do not complete the required public improvements, the
City may do so and foreclose its lien given by the owner. The
City may, if it sees fit, require the owner and/or developer to
provide financial guarantees in one, or a combination, of the
following arrangements for those requirements which are over and
beyond the requirements of any other agency responsible for the
administration, operation and maintenance of the applicable
public improvement:
17
'1. Suretv Bond
2. Cash Deposit, Certified Check, Neaotiable Bond, or
Irrevocable Bank Letter of Credit 11-9-606 C.
q. The Building Permit
A building permit for the construction of a dwelling or
building or structure may be allowed prior to completing of all
improvements required by Sections 11-9-605 and 11-9-616 only upon
providing a guarantee of completion of improvement as authorized
by section 11-9-606C, * * *, all of which must be acceptable to
the City. 11-9-606 D.
h. Detection of violations, enforcement, and
penalties
1. Enforcement: No subdivision plat required by this
Ordinance or the Idaho Code shall be admitted to the public land
records of the County, or recorded by the County Recorder, until
such subdivision plat has received final approval by the Council.
No public board, agency, commission, official or other authority
shall proceed with the public improvements required by this
Ordinance until the final plat has received the approval of the
council. The City Attorney shall, in addition to taking whatever
criminal action deemed necessary, take steps to civilly enjoin
any violation of this Ordinance.
2. Penalties: Penalties for failure to comply with the
provisions of this Ordinance shall be as follows:
Violation of any of the provisions of this Ordinance or
failure to comply with any of its requirements shall constitute a
misdemeanor. Each day such violation continues shall be
considered a separate offense with a three hundred dollar
($300.00) per day fine. The fine may be collected civilly or
criminally including cost of attorney fees upon collection.. The
landowner, tenant, subdivider, builder, public official or any
other person who commits, participates in, assists in or
maintains such violation may each be found guilty of a separate
offense. Nothing herein contained shall prevent the Council or
any other public official or privata citizen from taking such
lawful action as is necessary to restrain or prevent any
violation of this Ordinance or of the Idaho Code.
3. In addition to the enforcement and penalty provisions
above, the City may withhold, and elect not to issue, building,
electrical, or plumbing permits, zoning certificates, or
certificates of occupancy, due to any in violation of the
provisions of this Ordinance or the Zoning Ordinance. The
violation may pertain to the property or to an individual or
entity. 11-9-613.
18