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Hollows Subdivision VAR 00-021MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211- Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 13, 2000 Transmittal Date: August 31, 2000 Hearing Date: September 19, 2000 File No.: VAR 00-021 Request: Variance request to not pipe an open ditch that borders the subject parcel on the west boundary By: Bond and Shelli Campbell Location of Property or Project: north of Ustick Road approximately 1/2 mile east of Meridian Road Sally Norton, P/Z *" Kent Brown, P/Z ** Thomas Barbeiro, P/Z Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Meridian School District ** Meridian Post Office (FP/PP) * Ada County Highway District Community Planning Assoc. Central District Health Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 '* no FP Your Concise Remarks: Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) a NAME: Bond Campbell (Owner or holder of valid option) ADDRESS: 1150 E. Ustick Road, Meridian, ID 83642 R . D AUO 16 2000 Vim* &* FILE VAK-00- O V Phone: 863-2663 GENERALLOCATION:_North of Usti ck Road approximately 1/2 mile east of Meridian Road, Meridian, Idaho. LEGAL DESCRIPTION OF PROPERTY: Attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: VICINITY SKETCH: A vicinity map and/or site. plan at a scale approved by the City showing property lines, streets eaasting and proposed zoning and such other items as the City may require. DESCRIPTION OF PROPOSED VARIANCE: To not pipe an open ditch that borders the subject parcel on the west boundary. I hereby certify that the information contained herein is true and coma SIGNATURE: CITY COUNCIL RECORDS Date Received City Council Hearing Date PINNACLE Engineers, Inc. TO: Shari Stiles Meridian City Planning & Zoning Administrator 33 E. Idaho Ave. Meridian, ID 83642 DATE: August 15, 2000 RE: The Hollows Subdivision Dear Shari: On behalf of Bond and Shelli Campbell, we are submitting this application for a variance for a 12 single-family residential subdivision on 5.60 acres located on the north side of Ustick Road approximately 1/2 mile east of Meridian Road, Meridian, Idaho. The variance would allow for The Hollows Subdivision to not pipe an open irrigation ditch on the west boundary line of the parcel. The property line of the subject parcel lies in the middle of the open ditch. The bordering property owner currently irrigates his fields out of this ditch. If the ditch is piped he can no longer flood irrigate. The developer has to fence off the ditch as a condition of the preliminary plat. This would prevent access to the ditch from the subdivision. The current layout of the irrigation ditch to the subject property is not a result of the developer's actions. The developer had no say in the design of the ditch. The variance does not conflict with the Meridian Comprehensive Plan. The developer does not expect to profit in any way from the granting of this variance other than the cost of the pipe subtracted from the development costs. Profit and convenience are not the sole reason for this variance request, supplying irrigation water to the adjacent property owner is. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sincerely, Jeffrey L. Manship Land Use Planner cc: File #C006076 870 NORTH LINDER SUITE B s MERIDIAN, IDAHO 83642 1 (208) 887-7760 , FAX (208) 887-7781 Imo - 00 o z ULLI V/ Ucr- Z) O J` a a y0 ` ) (N ,cr 0 Z) �a J LU 0 QUNpy W -LL. W V a a LL LL wco OQXO2 z 1 Ln m¢a�� ru m O x � � l 1 ■• Ln Ln Ln 'a O Z ry C `� -• J N Om� U��s eia�o� CC M Lo _. cc F u~,o�O i O Q(nLd<co cit wLLI mr ,Q v J UJ =W a �. 0oo RUG -11-2000 13:46 PIONEER TITLE CUST SERVIC j PIONEER TITLE COMPANY OF ADA COUNTY ADA COUNTY (�ECOROER DAVID NAVARRO 821 West State Street / Boise, Idaho 63702 1-199 A 12 PN 1; 4 0 (208) 336.6700 206 373 3675 P.02iO3 RECORDED -AEOUEST OF FEE 1� DEPUTY 990680 8151 W. Rillcman Street / Boise, Idaho 83704 PIONEER TIT' E (208) 377-2700 3FACe ANOVE FOR RECORDING DATA ibld0EZ6i16t1d136430s�i63U6J6iiDt 1A➢t'.bL�LTO[1mtJbi�7ail0t1�1i 41Di10t70juaAmmulaim1tild8la1(11!OiuA,i0ut&W2 QUITCLAIM DEED FAR VALUE RECEnTO CAMPBELL CONTRACTORS, INC., AN IDAHO CORPORATION do hereby wnn:y, tdraee, rtmlee and Coma quittWm uato SHELLI M. CAMPBELL, A MARRIED WOW AS HER SOLE AND SEPARATE PROPERTY wtme address a: 1150 E. USTICX, HERIDIAN, ID. 83642 the foWwiae dembed priftwit, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF - - - w4cha with thdr appur ens . D—d: June 11, 1999 CA10EELL CONTRACTORS, NC. ACKNOWLEDGMENT - Corporate STATE OF d3 County of -AI)R sa, On this enh da in the year of Rq 9 before me a notary public. personally appeared known or identified to me to be the of the corporation that executed the instrument or the person_ who executed the instrument on behalf of said corporation. and acknowledged tome that such co oration executed the same. rKAYWpp Notary ub' STAIV (W IdI4W Residing at: AUG -11-2000 13:46 PIONEER TITLE CUST SERUIC 208 373 3675 P.03iO3 EXIII0I1 A / PARCEL I 1110M '1'11E COMMON CORNEA Of SUCTIONS 5 AND 6, TOWN51I1P 3 Nbflllf, IIANI;Ii 1 EAST, AND SV(',I'ION 31 AND 32, TOWNSHIP 4 N011111, RANGI1FAST, ROISF MI -1111)'A DISTANGt OF' 1320 FEET ON A NEARING OF SOUTII OU' DEGREES .50107^ WGsI TO 1.111_ I'l.Al:f OF OEuINNINO, THENCE SOU111 119 DEGREES 58'07' WEST A 1)TSTANCE OF 610 FUEr, 11rCN(;L NO11111 A DTSFANOF. OF 715 FEET, TIICNCE NO11111 RD DEI.;flEES 511'07• EAST A nISTANCI's OF 610 FEET, 'rm-Nu Slll►III A I11S)ANCE OF 715 FEET 'I'0 THE PLACE OF BEGINNING. I:KI:I IlUlllli 1111=IH:FIIDM A PANI:LI. 1411iVIOUSLY (:UNVE'YED 1") ';(IPC 01011 Illi; 1.11MPAN'1 av A WAIIIIANIY IWLV RECORDED JANIIAHV 2(1, 1071, IN 1111: UF1:I1& 111; 1111. AOA I:uHNIY 111`.001111L11, WflICH IS Df:S(:RI000 A5 FOI.LDWS: FROM 1111- GAMMON COONER OF SECTIONS 5 AND 6, TOWNSHrP 3 NO11111, IIANI;h' I t-.At;1, ANl► SECTIONS 31 AND 32, TOWNSIIIP 4 NORTH, IIANGE I EAST, 8019F. MWIDIA)1, A DIS'1ANCE OF 1686 FEET ON A OFARING OF SOU(11 00 OEUIIEES 50'07' lVl!i'l '10 1,11 PLACE OF YFGINNING, THENCE SOUTH IIJ Ut'GllfifS 50'07' WEST A DISTANCE OF 244 FEET, THENCE tlfllllll A UINIANI:F OF 715 FEET, IllFNCE NOfl'Ill OU OL'GlIVES 5(1'07' EAST A DISTANCE OF 244 fk T, THENCE 4011111 A 1113IANCE OF 715 FEET TO THE PLACE OF BEGINNING. ALSO EKI:EMI' A 1'Ofll')ON OF A PARCEL OF GROUND PREVIOI)SI.Y CONVEYED TO COPE. 111111 INI; COMPANY, 'b1' A WAARAN'IY DEED (IECORDEO JANIIAIIY 20, 1971, IN 111L 011 ll:r UI 1111. AIM Clilli11Y 10-l'OR0E1, AND AlAO Rf.FERREI TO IN INSIllUMENT NO. Arlu72%t1, 11000110t; Or ADA COUNTY, IDAIIO, LOCATED IN 1111E 81)UI4IF:AST (JUAR'IT1t ur acC1IUH :11, 11►Wb:11111' 4 NUR111, RANGE I WEST, DOISE ME11tD1AN, AND MUIu 17111111:111 AHLY )IL'JGI11111:11 AS 1'UI LOWS: (31MMIJIGII11; Af THE COMMON CORNER OF SE14IONS 5 AND 1;, T(1WNS1111' :1 111)11111, )1AUOU I CA51', BOISE MEDIDTAN, AND SEC110PIS 31 AND 32, TOWN51111' d Ill lltlll 11AN01: 1 VAtir, RHISE MERIDIAN, ADA COUNTY, IDA110, AND P110C('I:HI'NG n ItlJ:uNUEU OISYANr,E Dr• 1,320 FEET ON A OFAHING OF SOUI-Il NJ OEC,REGS 5(1'1)%' tvlr:il IU I'lll: POINT OP YEGINNING, T11ENGE CONTINUING s4HnH 101 OFGIIEES 96'07' WEST A DISTANCE OF 211) DELT TO A P01111, Illt'Nt;1i 11011111 A III:iTANGE OF 2OU FEET TO A POINT, TIIENIa rii10111 119 lit-1111EES 50'07" FAST A DISTANCE (IF 210 FLET TO A I'Mill, IDI:HCE ;.1111111 A 11WAKE OI` 2011 FEET TO 111E POINT OF BEGINNING. TOTAL P.03 AFFIDAVIT OF PROPERTY POSTING I, Bond Campbell , 1150 E. Ustick Rd, Meridian, ID 83642 , being first duly sworn upon oath, deposed and say: 1. That I will post the subject property 1 week before the public hearing. Dated this — 1 S day of A u Gu%T , 2000. Bond Campbell \ SUBCRIBED AND SWORN to before me the day and year first above written. y m as aIaaop�rr. 7e,• Notary Public f r (State W :� � Y 000 � '1' AIZ : to M : Residing at �1.��°UBL •�`�.10 ,��` My Commission Expires: ` OF rrrrrrnrrr�� THE HOLLOWS (VAR) PROPERTY OWNERS WITHIN 300' BODES PAUL M & BODES STEPHANIE A 3400 N PRIVATE LN MERIDIAN ID 83642-5567 MARTIN WENDELL D & HUTCHINSON ANNE 3404 N PRIVATE LN MERIDIAN ID 83642-5567 JOHNSON C LEON JOHNSON LARUE S 1570 E USTICK RD MERIDIAN ID 83642-0000 E USTICK RD FERGUISON ERROL & FERGUISON CHRIS 964 E USTICK RD MERIDIAN ID 83642-5504 SWANN STEVE & TAWNI 1042 E USTICK RD MERIDIAN ID 83642-0000 PIRC BARBARA L 1370 E USTICK RD MERIDIAN ID 83642-5554 HEPPER TED G & WANDA L 43 E FAIRVIEW AVE MERIDIAN ID 83642-1722 1440 E USTICK RD SWANN STEVE & TAWNI 1042 E USTICK RD MERIDIAN ID 83642-0000 N USTICK CIR CAMPBELL BOND G CABA SHELLI M 1150 E USTICK RD MERIDIAN ID 83642-5554 MEUSER GARY L & CAROLYN MAY 965 E USTICK RD MERIDIAN ID 83642-5505 RIVERA JOSE L ETUX 1135 E USTICK RD MERIDIAN ID 83642-5556 PRESTON FRANK PRESTON CYNTHIA D 8960 CRAYDON DR BOISE ID 83704-0000 1165 E USTICK RD STEELE ROBERT E & NORMA J RT 1 BOX 1199 HOMEDALE ID 83628-0000 1001 E USTICK RD GRANITE CREEK HOMEOWNERS ASSOC 9550 BETHEL CT BOISE ID 83709-0000 E USTICK RD PHEASANT POINTE NGHBRHD ASSOC 9550 BETHEL CT BOISE ID 83709-0569 E RINGNECK CRT HOWELL KEVIN A & IRENE K 3451 PLANTATION RIVER DR BOISE ID 83703-3002 3151 N BOULDER CREEK PL LEWIS JOHNNY M & LEWIS K DEANN 3150 N BOULDER CREEK PL MERIDIAN ID 83642-0000 DUNCAN ANGELA K 1238 E RINGNECK CT MERIDIAN ID 83642-3489 WASDEN JOHN R WASDEN DEBORAH J 4844 N CRESTHAVEN CIR BOISE ID 83704-3009 1250 E RINGNECK CRT n MANN KEVIN L & MANN VIVIAN L 1264 E RINGNECK CT MERIDIAN ID 83642-3489 EARNEST KIRK G & EARNEST DAWNETTA L 1272 E RINGNECK CT MERIDIAN ID 83642-3489 PENA ROSE E 3149 N BOULDER CREEK PL MERIDIAN ID 83642-0000 MURRAY EDWIN P & MURRAY MARGARET D 1241 E RINGNECK CRT MERIDIAN ID 83642-0000 SANTOS JEFFREY A & SANTOS DIANNA M 3127 N BOULDER CREEK PL MERIDIAN ID 83642-0000 �i ;:-tr-�GTT� m: �("\, D-�pf 4, 0, E 1�'60 N- 1pcjt.-f--6vv(f, p4- FREMiO'VV NER A [)S ADD'STNMI CiTY STS ZIFCODE GRANITE CREEK HOMEOWNERS ASSOC 9550 BETHEL CT BOISE 1D 83709-0000 PHEASANT POINTE NGHBRHD ASSOC 9550 BETHEL CT BOISE ID 83709-0569 PRESTON FRANK & 8960 CRAYDON BOISE ID 83704-0000 STEELE ROBERT E & NORMA J RT 1 BOX 1199 HOMEDALE ID 83628-0000 LEWIS JOHNNY M & 3150 BOULDER CREEK MERIDIAN ID 83642-0000 DOTY HOLLIS WADE & 1298 RINGNECK CT MERIDIAN ID 83642-3489 MANN KEVIN L & 1264 RINGNECK CT MERIDIAN ID 83642-3489 EARNEST KIRK G & 1272 RINGNECK CT MERIDIAN ID 83642-3489 WASDEN JOHN R & 4844 CRESTHAVEN CIRCLE BOISE ID 83704-0000 MEUSER GARY L & CAROLYN MAY 965 USTICK MERIDIAN ID 83642-5505 HOWELL KEVIN A & IRENE K 3451 PLANTATION RIVER BOISE ID 83703-3002 DUNCAN ANGELA K 1238 RINGNECK CT MERIDIAN ID 83642-3489 PENA ROSE E 3149 BOULDER CREEK MERIDIAN ID 83642-0000 RIVERA JOSE L ETUX 1135 USTICK MERIDIAN ID 83642-5556 SANTOS JEFFREY A & 3127 BOULDER CREEK MERIDIAN ID 83642-0000 DERISIO JOHN M & 1269 RINGNECK CT MERIDIAN ID 83642-3489 MURRAY EDWIN P & 1241 RINGNECK MERIDIAN ID 83642-0000 BOTTS GARY K 1257 RINGNECK CT MERIDIAN ID 83642-3489 STEWART WANDA L 2061 STEWART BOISE ID 83716-0000 �("\, D-�pf 4, 0, E 1�'60 N- 1pcjt.-f--6vv(f, p4- u t 0,18!1 v, E-R OVv"INI,ADD3 O ftf1�iRcIi Y Ott ",t :'i�PRG{r BODES PAUL 10 & STEPHANIE A 3400 N PRIVATE LN 1IERIDIAN ID 836425567 MARTIN WENDELL D & 3404 N PRIVATE LN MERIDIAN 1D 836425567 JOHNSON C LEON & LARUE S 108 OAKHURST WAY BOISE ID 837090531 FERGUISON ERROL & CHRIS 964 E USTICK RD MERIDIAN ID 836425504 SWANN STEVE & TAWNI 1042 E USTICK RD MERIDIAN ID 836420000 HEPPER TED G & WANDA L 43 E FAIRVIEW AVE MERIDIAN ID 836421722 HEPPER TED G & WANDA L 43 E FAIRVIEW AVE MERIDIAN ID 836421722 HEPPERrTED G & WANDA L 43 E FAIRVIEW AVE MERIDIAN ID 836421722 SWANK STEVE & TAWNI 1042 E USTICK RD MERIDIAN ID 836420000 u t PIZ, M r VICNI'l " /kl �� - YH E HOLLOWS S :n �l 300 0 300 600 900 1200 1500 Feet Unlep PINNACLE ENGINEERS, INC. 0 Stegv 870 N. LINDER RD, STE B, MERIDIAN, ID 83642 Unle37 PH: (208) 887-7760 FX (208) 887-7781 S3nleO6 PROJECT # C006076 DATE: 4125/00 I❑ a I I 1 l 1 1 I I 1 Yid 94:91:101 )/c,,0 I�=• ® \ 3107NNld I�1' i ---_ �Pa g 'Re—g Z 9 rnQ$D� AIO b\:d 5-----------� t I n D D NS gall z 11-10 R .i q jig vxin I • ,aaa�i v F5 Lo 11 \ I I SUMMERFAUS ST. 9 r � 1 s — — — — — — — — — — F I --_ 0 I ` 1 Y§ C R• no U] 4 Oft. G nW�f(up cn b al I 17M T 1 o 0 t J m N13,43 \ G C 7 1 �___ ►at I ages s L---- ----- 1--�--__--------- I x ----------------- - ------ ----- -`-_ ---�_ — .� , m• ¢, USTICK ROAD 71 6 51 ail JP 1311 All 7' s € a a Eami= cars, Ino. TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by. September 13, 2000 Transmittal Date: August 31, 2000 Hearing Date: September 19, 2000 File No.: VAR 00-022 Request: Variance request to use Meridian City water for irrigation in The Hollows Subdivision BY. Bond and Shelli Campbell Location of Property or Project: north of Ustick Road approximately 1/2 mile east of Meridian Road Sally Norton, P/Z " Kent Brown, P/Z Thomas Barbeiro, P/Z " Richard Hatcher, P/Z *' Keith Borup, P/Z " Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District " Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department'* Ada County Annexation) Your Concise Remarks: - / ,)' U f Gen - 26 PP/FPIPFP - 24 AZ - 27 " no FP PCEIVEJ) �. _ SEP 2 0 2000 CITY OF MERIDIAN HUB OF TREASURE VALLEY 1 -ft, LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robcrt D. Corrie PUBLIC �b'ORKS CITY OF MER '' � IST CITY COUNCIL MEMBERS D[NG DEPARTMENT 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Ron Anderson _ MERIDIAN, IDAHO 83642 _ { ��' Keith BirdC1,3.�J Tammy deWeerd (1-08) 888'`3433 'Fax (208) 887-4 13 PLANNING AND ZONING DEPARTMENT Fax 888-DATY OF M ER I D IAL* Cherie McCandless City Clerk Office (ZO8) , Fax 388-6854 CITY CLERK OFFICE TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by. September 13, 2000 Transmittal Date: August 31, 2000 Hearing Date: September 19, 2000 File No.: VAR 00-022 Request: Variance request to use Meridian City water for irrigation in The Hollows Subdivision BY. Bond and Shelli Campbell Location of Property or Project: north of Ustick Road approximately 1/2 mile east of Meridian Road Sally Norton, P/Z " Kent Brown, P/Z Thomas Barbeiro, P/Z " Richard Hatcher, P/Z *' Keith Borup, P/Z " Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Meridian School District " Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department'* Ada County Annexation) Your Concise Remarks: - / ,)' U f Gen - 26 PP/FPIPFP - 24 AZ - 27 " no FP PCEIVEJ) �. _ SEP 2 0 2000 CITY OF MERIDIAN TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 13, 2000 Transmittal Date: August 31, 2000 Hearing Date: September 19, 2000 File No.: VAR 00-021 Request: Variance request to not pipe an open ditch that borders the subject parcel on the west boundary By. Bond and Shelli Campbell Location of Property or Project: north of Ustick Road approximately 112 mile east of Meridian Road Sally Norton, P2 ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P2 ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen .26 PP/FP/PFP - 24 AZ - 27 " no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) g,ECE�D SEP - 7 2000 CITY OF MERIDIAN HUB OF TREASURE VALLEY LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS CITY 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Ron Anderson MERIDIAN, IDAHO 83642 PLANNING AND ZONING Keith Bird (208) 888-4433 • Fax (208) 887-4813 DEPARTMENT Tammy deWeerd City Clerk Office Fax (208) 888-4218 (208) 884-5533 •Fax 888-6854 Cherie McCandless TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: September 13, 2000 Transmittal Date: August 31, 2000 Hearing Date: September 19, 2000 File No.: VAR 00-021 Request: Variance request to not pipe an open ditch that borders the subject parcel on the west boundary By. Bond and Shelli Campbell Location of Property or Project: north of Ustick Road approximately 112 mile east of Meridian Road Sally Norton, P2 ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P2 ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen .26 PP/FP/PFP - 24 AZ - 27 " no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) g,ECE�D SEP - 7 2000 CITY OF MERIDIAN Meridian City Council Meeting September 19, 2000 Page 75 Corrie: Motion made and seconded to approve the final request of 00-016 of Packard Subdivision No. 4 and have the attorney draw up the proper orders and put the staff comments of approval. Any further comments? Discussion? Okay. Roll -call vote, Mr. Berg. Roll -call: Bird, aye; McCandless, aye; Anderson, aye; De Weerd, aye. MOTION CARRIED: ALL AYES. Item 18. Public Hearing: VAR 00-021 Request for a variance to not pipe an open ditch that borders the subject parcel on the west boundary in The Hollows Subdivision by Bond and Shelli Campbell — north of Ustick Road '/2 mile east of Meridian Road: Corrie: Item No. 18 is a public hearing on a variance request to not pipe an open ditch that borders the subject parcel on the west boundary in the Hollows Subdivision by Bond and Shelli Campbell — the variance number 00-021. At this time I'll open the public hearing and staff comments first. Stiles: Mr. Mayor and Council, this is for a property that's currently zoned R-3 in the City. They are proposing not to pipe the ditch that runs adjacent to the west property line. Apparently, the property owner here uses that ditch for irrigation. I'm not sure if it's irrigation or drainage. I'd like Gary to address some of the concerns that we have with that in regard to moving it onto the adjacent property. There is a requirement on this subdivision to have a 15 -foot wide berm completely surrounding the property and the adjacent property owner was here earlier. I don't know if he's still here. Jeff, is he here? Is he here? The adjacent property owner was here. I'm not sure if he is aware of all the implications of not piping this ditch. He was a little concerned because he says he has sprinkler system running all the way up nearly to his property line, so maybe Mr. Manship can address that a little more fully, but since these were conditions of the plat, and they are ordinance requirements, we didn't prepare a staff report for you, but I would like Gary to address the issue of the implications of not piping that ditch. Smith: Thank you, Mayor and Council. The Preliminary Plat shows the property line for this subdivision down the center of that ditch and as you know, the ordinance requires that a ditch — all ditches crossing a property are immediately adjacent there too are to be piped. That's the reason for this variance request. I am not sure how this ditch is utilized by the adjacent property owner. If the ditch is piped, and he uses this as a live -water ditch, and it appears from the photograph that that's the case, then there are pertness (sic) that can be attached to pipes to allow irrigation from the pipe, such as an Orchard Valve — or Orchard Valves. The other issue that — if this ditch is moved off the property line onto the property to the west, or to your left as you look at the photograph, then there would need to be an approval by the property owner to go to the left side Meridian City Council Meeting September 19, 2000 Page 76 for that move. It would also encumber the property owner to the left to pipe at some future date if he so decided to develop or someone else decided to develop — that requirement would then be with that property owner. So there are a couple of implications with this ditch. I don't know how much water that ditch is carrying. It looks like a pretty good size ditch, but it's not large enough to not pipe as required by the ordinance, which we've said is a 48 -inch. If it exceeds 48 -inch, then its excepted. Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: I guess I have got to ask the obvious question here. What's the problem with piping the ditch? Manship: Jeff Manship, Pinnacle Engineers, 870 North Linder Road. This request is by the adjacent property owner. He wants to continue doing that. Another reason for him not wanting to pipe it is apparently he has sprinkler lines running right up to the lip of the ditch on the left side and believes if it was piped and equipment was in there, it would ruin it and he doesn't want to deal with that. He likes to continue to flood irrigate with open water like that. Currently, like I said, this is a request by the property owner to keep that open. I did get a com back from Nampa Meridian Irrigation District. "Dear Commissioners, the above mentioned lateral or irrigation ditch would not exceed the 48 -inch maximum pipe size under the City of Meridian's present ordinance." That's the only comment they had on that. Anderson: I guess I'm confused. You said he has sprinkler heads run right up to the edge of the ditch but then you were saying he flood irrigates. Is there a sprinkler system or a flood irrigation? Manship: I'll let the developer answer that question for you. Campbell: I'm Bond Campbell, 1150 East Ustick Road in Meridian, property owner to what would be the east of this property. He flood irrigates this portion which is basically pasture, but he irrigates with sprinklers the portion from the front to the back of the house to the fence. So he's got sprinklers on a portion of it, but he flood irrigates this front and he flood irrigates a portion of the back out of this ditch. Bird: Okay. He's got a pump down there? Campbell: No pump. He just basically ferules the embankment wherever he wants the water to come out. Meridian City Council Meeting September 19, 2000 Page 77 Bird: But how does he sprinkler? He's got to have some kind of a pump set up back there. Campbell: Yes, off of his well for his sprinklers for his house. Bird: Oh. It's not coming off the ditch? Campbell: No. Anderson: And how many feet a yard is that back there at the end that he's doing with the sprinkler system? Campbell: There's probably 100 feet there and there's probably another 100 or more feet of pasture behind that and this is probably — deceiving from this picture but this is probably maybe 600 feet from the edge of the grass to the front. It's a combination of yard and pasture split up into three sections. Anderson: And what size pipe would it take to pipe that or tile that ditch? Campbell: I believe, in our original Preliminary Plat, it was 12 -inch pipe. Does that show on this plat? I believe it was 12 -inch pipe. Maybe 14. Bird: That's an awful large — Anderson: You can move a lot of water through a — Campbell: This ditch is deceiving because of it's width / depth ratio. It's a fairly shallow ditch compared to its width. Bird: Now tell me — I'm being dense, which isn't uncommon, but why by tiling that ditch is going to hurt his sprinkler system if he sprinkles off his well? Campbell: Again, I don't know all of his reasons for recommending to us that we not tile that ditch. Obviously, if it were you or me, we probably appreciate that improvement to our property. I really don't understand his — that's one of his explanations but I don't know if that's all of his reasoning. All I can say is we're just trying to take care of all the property owners on this ditch situation. Bird: Where is that ditch originally from? Campbell: It originates from the corner of South Locust Grove and Ustick Road and it runs — Bird: Does it come across Dr. Johnson's on the corner there? Meridian City Council Meeting September 19, 2000 Page 78 Campbell: It goes across — it goes north on Locust Grove to the back of Dr. Johnson's. Then it comes across the back of Doc Johnson's, across the back of Pepper's onto my property. Bird: Then it starts to slow down there. Campbell: And then it actually goes north again a little ways all the way across the northern boundary of my property and then all the way back to Ustick Road. Bird: What about silt and stuff, Gary? Smith: I don't know if there's a silt problem in the ditch or not, Councilman Bird. I think that silt problem we had was the type of soil that they had and the type of crop that they had — that they were irrigating and they were just running a lot of water. In looking through the file on some of the letters that came in, there was some concern expressed by downstream water users on the headgate area, the northeast corner of this project, also that they were concerned that they had the right headgate ultimately constructed and that they had access to that headgate. I know that doesn't really deal with this request, but it's the same ditch. Just listening to what Bond had to say, if the property owner to the west of this — I mean the reasoning for not piping the ditch — I don't know what they would be. If he flood irrigates, the Orchard Valves can be installed in that pipe and then he can flood out of those Orchard Valves. If they've got a berm scheduled for along this west side anyway, that ditch is either going to have to be moved or piped. It certainly can't stay in it's present location just because the property line is down the middle of the ditch. Corrie: Is the Hollows willing to give up that? It looks like the Hollows will be giving up that eventually. Campbell: I'm not opposed to keeping the ditch where it is and moving my fence basically where the fence line is now. My only question is then, if there's property on the opposite side of the fence, that I'm basically letting him use — If the City doesn't have a problem with that, I don't have a problem with that only because my lots are all over 100 feet deep. Actually, the shallowest one — I believe those lots average about 146 feet deep, so I thought about that and I'm not opposed to that — if we can leave the ditch where it is, keep him happy, satisfy the requirements of the City and just construct a new fence where the existing fence is, I'm not opposed to giving up that two to three feet of property. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I think Council just brought up a good point. You can't put a fence over a pipe to irrigate a pipe anyway, so — Meridian City Council Meeting September 19, 2000 Page 79 Corrie: You'd have to put the fence on that side anyway. Anybody else in the public? I don't think there is. Any other comments or questions of Council and the applicant and staff? De Weerd: No. Corrie: Hearing none. I'll entertain a motion to close the public hearing on Item 17, the variance. Bird: So moved. De Weerd: Second. Corrie: Okay. Motion made and seconded to close the public hearing on the Variance No. 00-2021. All those in favor, say aye. MOTION CARRIED: ALL AYES. Corrie: Council. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: A comment. As I understand it from Mr. Campbell, with the blessing of our department, if our staff, we could — he's willing to just go down that existing fence line with his property and just leave that open and — I don't know from legalities what you have to do. Would you have to — What would we have to do for legalities on that? It probably wouldn't be anything to us, anyway. It would be between him and the owner to that. It would affect the plat, though, wouldn't it? Yes. Stiles: They'll have to increase their easements on the exterior boundary because they'd still have to have 10 foot. Bird: Can that be done within the staff level or can it be done when we approve the plat? Stiles: It could be when you do approve the plat. I would just ask that you do one thing if you're going to approve this variance. Since the property owner adjacent was here wanting to testify and left — not that I'm not saying Bond's not telling us what's right, but since he's not here, could this approval be contingent on receiving a notarized approval from that property owner to leave it open — that it's at his request and that he realizes that if he re -subdivides or redevelops his property, he will have the sole responsibility for paying for that ditch. Just Meridian City Council Meeting September 19, 2000 Page 80 because he's not here — and he may not realize what the implications of not piping that ditch are. No, we can't do that. Nichols: Mr. Mayor, members of the Council. Councilman Bird asked me if the public hearing had to be reopened and I don't believe so. I think it's been stated that the reason for the variance, and it's in the record already is that the neighbor requested and so if you wanted to make a condition of granting the variance that Council — or excuse me — staff received a notarized statement to that effect, we can write it in that way. So we'll go ahead and (inaudible) Anderson: Mr. Mayor. Corrie: Mr. Anderson. Anderson: We have these City Ordinances and the ordinance clearly states that either you tile a ditch this size or you make it an amenity and the prerequisite for doing away with that is if it creates a hardship. To me, nobody has shown that it creates a hardship here. It's just a matter of personal preference. Yes, if you have a choice to spend the money and tile a ditch, no, you aren't going to do it. I don't see where the hardship has been shown in this case and I guess it would be my recommendation that we not grant a variance here. De Weerd: Mr. Mayor. I agree with Councilman Anderson. There is no proven hardship and that's what our ordinance and variances are for. Corrie: Any other discussion? Let's close the public hearing. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I also agree that it's in the ordinance, but when you got the guy that owns half of that ditch that the property line is running right down the half and he don't want it tiled, I don't know — maybe if they don't want to tile it, maybe Mr. Campbell ought to go out and deed that two or three foot of that over to him. But, I agree if the ordinance — you know — when you don't own the whole property and it's a boundary line and stuff and the guy that — I know if I was that property owner and have that nice house sitting out there and even if I wanted to flood irrigate, I wouldn't want the thing piped either. Anderson: But we're not eliminating that. They can still have access to it by putting the gates in the pipe and still flood irrigate. Bird: Oh. I realize that, but Meridian City Council Meeting September 19, 2000 Page 81 Anderson: And it's pretty clear to me Nampa / Meridian's suggestion is that they think it ought to be piped. Mr. Mayor. Corrie: Mr. Anderson. Anderson: Just to move things forward, I would make a motion that we instruct the City Attorney to draw up Findings of Facts and Conclusions of Law denying this variance — that hardship has not been shown for the Hollows Subdivision by Bond and Shellie Campbell. McCandless: I'll second that. Bird: Motion made and seconded to deny the variance request and have the attorney draw up the Findings of Facts and Conclusions of Law to that denial. Any further discussion? Hearing none. Roll -call vote, Mr. Berg. Roll -call: Anderson, aye; De Weerd, aye; Bird, aye; McCandless, aye. MOTION CARRIED: ALL AYES. Item 19. Public Hearing: VAR 00-022 Request for a variance to use Meridian City water for irrigation in The Hollows Subdivision by Bond and Shelli Campbell — north of Ustick Road '/2 mile east of Meridian Road: Corrie: Item No. 19 is a public hearing on the variance request to use Meridian City water for irrigation in The Hollows Subdivision and variance number 00-022. At this point I'll open the public hearing with staff comments first. *** End of Side 6 *** Smith: - basis and that's the reason for the request to utilize city water for sprinkler irrigation of the lots. These lots are 12 — 13,000 square feet. They're probably similar in size to a lot of the lots in Meridian Greens Subdivision. Apparently, they have indicated that they're going to have a pressurized irrigation system. I'll ask the developer, I guess, to address that, but if that's the case and City Water is used as the principal source, then there would be a single point connection and back-flow device at that point of connection. With the availability of ditch water, we've got to address it or may have already addressed this same matter on Ted Hepper's subdivision just — Is that just to the east of you Bond? Yes. It's the same ditch. So I've got a similar situation there with just intermittent water flow. The alternative and the reason that I mentioned this pressurized irrigation system for the subdivision is that someday, there could be water available for this subdivision and for Hepper's subdivision. The only issue with that is how the distribution system is sized and laid out and where the point of October 13, 2000 IMM11111A MERIDIAN CITY COUNCIL MEETING October 17, 2000 APPLICANT Bond and Shelli Campbell ITEM NO. I REQUEST Tabled from October 3, 2000 - Findings of Fact and Conclusions of Law - Request for variance not to pipe the ditch that borders the subject parcel on the west boundary in The Hollows Subdivision - n/o Ustick Road 1/2 mile e/o Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See Previous Item Packet 'M Q,1 �"Ff,rl J Contacted: &Ka (,k"yell Date: ( Phone: Materials presented at public meetings shall become property of the City of Meridian. PINNACLE Engineers, Inc . TO: Will Berg, Meridian City Clerk C/O Mayor Corrie and City Council Members 33 E. Idaho Ave. Meridian, ID 83642 DATE: October 12, 2000 RE: Hollows Subdivision Dear Will, GIS n"-tT [0-11--00 �6w (\�d T PxCF'1V1E]) 0 C T 12 2000 CITY OF MERIDIAN On behalf of Bond and Shelli Campbell, I am writing to request that we could be heard at the October 17, 2000 City Council meeting regarding the Hollows Subdivision. The two issues that we would like to discuss are about the pressurized irrigation system and the well development fee. Both of these issues are related to the variance that was passed about using Meridian City water for irrigation. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sincerely, GAS /! 1�� Jeffrey L. Manship Land Use Planner cc: File #0006076 870 NORTH LINDER SUITE B , MERIDIAN, IDAHO 83642 a (208) 887-7760 ■ FAX (208) 887-7781 September 28, 2000 MERIDIAN CITY COUNCIL MEETING October 3, 2000 VAR 00-021 APPLICANT Bond and Shelli Campbell ITEM NO. I REQUEST Request for variance to not pipe an open ditch that borders the subject parcel on the west boundary in the Hollows Subdivision - n/o Ustick Road 1/2 mile e/o Meridian Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: Contacted: 6 p t ( �lolxt� — -►`� Date: Phone: T Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichol ) Subject: Bond & Shelli Campbell Hollows Subdivision (VAR -00-021) Date: September 29, 2000 Will: qc M tix [W- J?BCE1VE]D SEP 2 9 2000 CITY OF MERIDIAN Pertaining to the above file, please find attached the original FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING VARIANCE request for Bond & Shelli Campbell for the property located at the Hollows Subdivision, Meridian, Idaho. This matter is to be heard at the Council meeting on October 3, 2000. If you have any questions please advise. Z:\Woik\M\Meridian 15360M\Hollows Subdiv\BeigVAR021.memmpd Ey/Z:\Work\M\Meridian 15360M\Ho11ows S1tbdi1\BergVAR021.mem.wpd BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF BOND & SHELLI CAMPBELL, FOR A VARIANCE NOT TO PIPE AN OPEN DITCH LOCATED ON THE WEST BOUNDARY OF THE HOLLOWS SUBDIVISION, MERIDIAN, IDAHO VAR -00-021 FILE COPA FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION DENYING A VARIANCE The above entitled matter coming on regularly for public hearing before the City Council on September 19, 2000, and a representative of the Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Bond Campbell, and appearing and testifying on behalf of the Applicant was Jeff Manship, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 1 of 5 ORDER OF DECISION DENYING A VARIANCE / VAR -00-021 BOND AND PINNACLE ENGINEERS, INC. and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 —January 4, 1994 and Maps. 2. The requirements of Idaho Code H 67-6509, 6516 and Meridian City Code H 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant and Owner are Bond & Shelli Campbell. 4. The location of the subject property is the west boundary of the Hollows Subdivision, Meridian, Idaho. 5. The legal description of the property appertains to the real property that is included within the Vicinity Map as appears in the record of proceeds of this matter. 6. The present land use of subject property is presently zoned as R-3. 7. The proposed land use of subject property is to develop the subject property in the following manner: residential subdivision. 8. That a vicinity map, attached hereto as Exhibit "A", consisting of four pages, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been f m— ished. ditch. 9. The Applicant seeks a variance of the requirement to pipe the irrigation 10. All property owners within three hundred feet (300') of the external boundaries have been notified by mail, and their mailing addresses may be obtained from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 2 of 5 ORDER OF DECISION DENYING A VARIANCE / VAR -00-021 BOND AND PINNACLE ENGINEERS, INC. the list on file with the Planning and Zoning Department. 11. The characteristics of the subject property which the applicant cite which Prevent compliance with the requirements of the ordinance are that the piping of the ditch will prevent flood irrigation to the bordering property owner. 12. The Council considered that the applicant did not provide sufficient evidence to support his inability to comply with the ordinance. 13. A literal interpretation of the provisions of the ordinance would not deprive the Applicant rights. 14. The applicant paid the fee established by the City Council for application variance. CONCLUSIONS OF LAW The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 11-18. 3. That the requirements for the processing of a variance request are set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 3 of ORDER OF DECISION DENYING A VARIANCE / VAR -00-021 BOND AND PINNACLE ENGINEERS, INC. Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § 11-18-2, and the findings which are required are set forth in Meridian City Code § 11-18- 3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives of the ordinance, and that the granting of a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 4 of 5 ORDER OF DECISION DENYING A VARIANCE / VAR -00-021 BOND AND PINNACLE ENGINEERS, INC. Order and this does Order: 1. Pursuant to § 12-4-13 of the Meridian City Code, the- Applicant he Applicant is hereby denied the variance as per the decision of the City Council at their September 19, 2000, meeting, for the real property located at The Hollows Subdivision. By action of the City Council at its regular meeting held on the1-7 ,day of .2000. ROLL ALL: COUNCILMAN RON ANDERSON VOTED—,� COUNCILMAN KEITH BIRD VOTEDw (V—X COUNCILPERSON TAMMY deWEERD VOTED4,u� COUNCILPERSON CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 4�--" l 7 — a® MOTION: APPROVED. --DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. yi`141i11Mot lfitlf<</ of By Dated: ity Clerk � SEAL � ey/ZAWorkWMaidim 15360M\Hollows Subdi%AFfr_bD®yVarianoewpd 1010 IUt1 t/i7 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND -- Page 5 of ORDER OF DECISION DENYING A VARIANCE / VAR -00-021 BOND AND PINNACLE ENGINEERS, INC. F F, iT k,7 L 12 ; �L '17 H-4. E2 H F --, Q. 1 s Summem NO. 02 600 0 600 1200 1800 2400 3000 Feet r--1 7,,,9.. PINNACLE F:Mr-.INI—P:Rcz, INC -r. Subdfv 870 N. LINDER RD, STE B, MERIDIAN, ID 83642 Stseg S4nle3l PH: (208) 80877-7760I- '908) 887-7781 S3nle06 A: � — PROJECT# C006076 DATE: 4/25/00 rMa 1-1 MERIDIAN CITY COUNCIL MEETING September 19, 2000 APPLICANT Bond and Shelli Campbell ITEM NO. 00 REQUEST Public Hearing - Variance request not to pipe an open ditch that borders the subject parcel on the west boundary AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ' OTO COMMENTS See Attached G. Contacted: h�?(� Date:' Phone' Materials presented at public meetings shall become property of the City of Meridian. September 8, 2000 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 - � RF"TvED SEP 1 1 2000 CITY OF MERIDIAN all 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: Var 00-021 Variance request to not pipe an open ditch that borders the west boundary of The Hollows Subdivision Dear Commissioners: The above-mentioned lateral or irrigation ditch would not exceed the 48" maximum pipe size under the City of Meridian's present ordinance. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT ('_08)288-2499 • Fax 288-2501 CITY OF MERID PUBLIC CORKS E T C Tg NG DEPARTMENT 33 EAST IDAHO 1 �/(2 ll Fax 887-1297 MERIDIAN, IDAHO 83642 rr� PLANNING AND ZONING (208) 888-4433 • Fax (208) 887-4813 �t 1 6 20 DEPARTMENT City Clerk Office Fax (208) 888-4218 CITY OF ME[#r'D)XI 533 •Fax 888-6854 SMITTALS TO AGENCIES FOR TRAN WITH THE CITY OF MERIDIAN CITY rl.ERK OFFICE COMMENTS ON DEVELOPMENT PROJECTS To insure that your comments and recommendations will considered onster Meridby ian Meridian Hall City Council, please submit your comments and recommendations Attn: Will Berg, City Clerk, by: September 13, 2000 tember 19, 2000 August 31, 2000 Hearing Date: Sep Transmittal Date: 9 File No.: VAR 00-021 i e an open ditch that borders the subject Request: Variance request to not p p parcel on the west boundary By. Bond and Shelli Campbell approximately 1/2 mile east of Location of Property or Project: north of Ustick Road app Meridian Road Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z *' Keith Borup, P/Z ' Robert Come, Mayor Ron Anderson, C/C —Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Meridian School District *_ Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department" Ada County (Annexation) % Building Department R marks Fire Department _ Police Department _ City Attorney _City Engineer City Planner Gen - 26 PP/FPIPFP - 24 AZ - 27 •• no FP Your Concise e CENTRAL CENThAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division qgff HEALTH ❑Return to: DEPARTMENT ❑ Rezone # ❑ Conditional Use # M1 Preliminary /Final /Short Plat � �� j—�-nlLoL��S �'��6��eS�i>-rJ X1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: / / // / OO Reviewed By: CDHD 10191 rcb, rev. 7/97 Review Sheet MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208)_88-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by. September 13, 2000 Transmittal Date: August 31, 2000 Hearing Date: September 19, 2000 File No.: VAR 00-021 Request: Variance request to not pipe an open ditch that borders the subject parcel on the west boundary By Bond and Shelli Campbell Location of Property or Project: north of Ustick Road approximately 1/2 mile east of Meridian Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C -� Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 — no FP Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District. Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: 411rd A&11. 1"kff REcEIvED S E P 15 2000 CITY OF MERIDIAN RECEIVED SEP 0 6 2000 Meridian City Water Superintendent NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on September 19, 2000, for the purpose of reviewing and considering the application of Bond Campbell for a variance to not pipe an open ditch that borders the subject parcel on the west boundary; Furthermore, the applicant requests a variance to use Meridian City water for irrigation in The Hollows Subdivision generally located north of Ustick Road approximately one-half mile east of Meridian Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this August 29, 2000 WILLIAM G. BERG, JR., IT CLERK 1Ott[Jttt1J1////�f'�,r PUBLISH September 1St and 15th, 2000 r y SEAL