HomeMy WebLinkAboutGeoffrey M. WardleSP�NK EIBUTLER-,
ATTORNEYS AT LAW
GEOFFREY M. WARDLE
208.388.3321
G WARDLE@SPIN KBUTLER.CO M
Via Email (chood@nwridiancity.org)
August 8, 2018
Caleb Hood, Planning Division Manager
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
RE: Application for Owyhee High School AZ, CUP H-2018-0075
SB Matter No.: 23133.0
Dear Caleb,
Woodside Avenue Investors, LLC ("Woodside"), owns approximately 40 acres at the north east
corner of McDermott Road and Ustick Road, adjacent to the property that the West Ada School
District("WASD") seeks to annex into the City of Meridian. We seek to provide the City of
Meridian, its Staff, its Planning and Zoning Commission, and ultimately the City Council a clear
outline of our client's concerns with the foregoing application.
Woodside is well aware of the process, requirements, and costs associated with greenfield
development. Woodside has met with representatives of the WASD as well as City of Meridian,
ITD, and ACHD. Woodside has been consistent in its concerns: (i) the public agencies do not
recognize the impact that their proposed public improvements, including both the high school
and the extension of SH -16 through Woodside's property, will have adjoining parcels, and (ii)
equity requires that WASD extend necessary and appropriately sized infrastructure through its
parcel to adjoining parcels as required of other developers.
The WASD has been dismissive of these concerns, claiming Woodside seeks a public subsidy.
That is not the case. ITD's plans for SH -16, the resulting modification to Ustick Road, and the
WASD's application will directly affect the ability of Woodside and other property owners to
access infrastructure necessary for the development of their properties. It is appropriate for all
of the public entities, City of Meridian, WASD, ACHD, and ITD, to jointly evaluate now, how
best to provide future access and utility services to the larger area.
MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER MATTHEW J. MCGEE
251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE, IDAHO 83701 • 208.388.1000 • FAX 208.388.1001 • SPINKBUTLER.COM
August 8, 2018
Caleb Hood
Page 2
It is therefore imperative that WASD's annexation application and implementing development
agreement include the following obligations as conditions of approval:
WASD construct a 50' wide access road provide the WASD surplus parcel, the
Flower property, and the Woodside property access to the western collector
across its southern boundary, consistent with Section 11-31-1-4 of the Meridian
City Code for the future requirements necessitated by the future SH -16.
WASD extend mainline sewer service through its property to the adjoining
Flower property and the Woodside property, with adequate capacity to serve
those properties consistent with Section 5-3 of the City of Meridian Public
Works Department, 2016 Design Standards.
WASD extend and loop water service within existing public right of way
accessible to the neighboring properties.
In approving WASD's application, the City of Meridian must ensure that the same
requirements imposed upon other developments under its codes and standards are applied to
the WASD. The fact that WASD elected to build a high school at this site, years before public
services are present, is a decision that has financial consequences. It is not one, however, forced
up on it by the City of Meridian or Woodside.
We first met with the WASD on June 4, 2018. We have had ongoing communication regarding
its application since. Some progress has been made, but to ensure that the complete scope of
these discussions are considered in this annexation application, we provide the following:
Exhibit A - June 13, 2018 Email from Matt Addams to Woodside with attachments
Exhibit B - June 20, 2018 Letter from Geoffrey Wardle to WASD with attachments
Exhibit C - June 22, 2018 Letter from Geoffrey Wardle to Amy Revis, ITD District 3
Exhibit D - July 10, 2018 Letter from Mark Freeman on behalf of WASD to Woodside
Exhibit E - August 7, 2018 Letter from Geoffrey Wardle on behalf of Woodside to Mark
Freeman with attachments
As set forth in the attached, the public will be best served by planned and coordinated
infrastructure improvements that minimize future condemnation requirements and
appropriately extend other infrastructure. The relevant agencies do not appear willing to truly
explore and evaluate the collective impact of their independent actions and decisions on private
landowners.
Fundamentally, the City of Meridian has a choice: it can act now to address the cumulative
future impacts impact of various public projects on Woodside's property and others in the
vicinity or it can guaranty that the impact of uncoordinated public projects will result in greater
August 8, 2018
Caleb Hood
Page 3
future cost to the public in the form of just compensation awards and duplicative public
infrastructure systems. These issues can and should be addressed now. Woodside's requests
are equitable and consistent with Meridian's existing codes and standards.
Sincerely,
Geoffrey M. ar le
GMW:dw
cc: James Hunter
Becky McKay
Mark S. Freeman
Mindy Wallace, ACHD
Amy Revis, ITD
Enclosure
EXHIBIT A
Geoffrey M. Wardle
From: Matthew Adams <matt@thelandgroupinc.com>
Sent: Wednesday, June 13, 2018 4:29 PM
To: Geoffrey M. Wardle; 'James Hunter'; Yochum Joe; 'Bill Hamlin
(bhamlin@designwestid.com'; Trey Crookston (treyc@cmcompany.com)
Cc: Tamara Thompson; exline.eric@westada.org
Subject: Owyhee HS - WASD/Hunter Homes Utility and Access Coordination
Attachments: D 180613 WASD-Hunter Infrastructure&AccessMap 118001.pdf
Everyone —
In response to our meeting on June 4 and the discussion topics raised by the team from Hunter Homes, the West Ada
School District would like to present the response below. All of these discussion points and proposed solutions are
conceptual in nature and subject to change. Many of them, if determined to be a preferred option, are subject to agency
comment and approval and/or WASD School Board comment and approval.
Below is an outline of the WASD strategy to address utility connections and access to adjacent parcels to the east of the
new Owyhee HS. I have also attached a site plan graphic that depicts this information. Please look this over when you
have time and let us know if you have any comments or questions. We are confident that the proposed new high school
project and the investment that WASD is prepared to make in public infrastructure will be a benefit to all of the high
schools neighbors.
Utility Infrastructure —Sewer:
The WASD intends to gravity flow sanitary sewer from the school site to the existing Oaks Lift Station. This will require
that WASD construct the 36" sewer trunk line south approximately 1,800 LF from the lift station south to and through
the Spriggel parcel. Then construct an 8" sewer main line west through the Spriggel Parcel and into the school site. The
WASD proposes the following options for sanitary sewer availability to the adjacent parcels to the east of the school site:
1. Option 1: Stub 8" sewer main to the Spriggel / Acclima property boundary. Hunter Homes parcel to sewer
through Acclima parcel when future development occurs.
2. Option 2: Install 8" gravity sewer main east from high school site to the Hunter Homes parcel. Hunter Homes to
reimburse WASD for construction of this section of sewer main.
Option 3: WASD constructs 36" sewer trunk line south Ustick (+/- 4,440 LF) and construct 8" sewer main west
from McDermott to the high school site on the north edge of the Hunter Homes parcel. Hunter Homes
reimburses WASD for 2,640 LF of the 36" trunk (and associated roadway restoration) and grants the required
easement for the 8" sewer main.
Utility Infrastructure —Water:
The WASD intends to connect to City of Meridian Water for domestic water and fire protection. This will require that
WASD construct a 12" water main south from the City Well to and through the Spriggel parcel, west to the mid -mile
collector, south to Ustick Road, and east to Christian Way (+/-13,510 LF). The WASD will also be required to construct on
site 8" water mains to service the high schools needs. The WASD constructed water infrastructure provides for domestic
water availability to the adjacent parcels to the east of the school site by stubbing the 12" water main to the Spriggel
and Acclima parcels on the north east corner of the high school site and to the Hunter Homes parcel from the 12" main
in Ustick Road. The WASD constructed water infrastructure also provides connectivity to parcels to the north and west
from the 12" main in the mid -mile collector. No additional work is proposed to provide connectivity.
Roadway Access:
The WASD intends to construct a north/south mid -mile collector road on the west edge of the high school site and a
east/west mid -mile local road on the north edge of the high school site in compliance with the ACHD master streets
plan. The mid -mile collector will provide access to the high school and future development to the north and west of the
high school project. The mid -mile residential collector road will provide access to the high school site and future
development to the east of the high school project on the Spriggle and Acclima parcels. The WASD will also participate
with ACHD on improvements to the Ustick/McDermott, Ustick/Star, and McMillan/Star intersections. The Hunter Homes
parcel can currently take access from both McDermott Road and Ustick Road. WASD has confirmed that ACHD would
allow access to the Hunter Homes parcel from Ustick Rd. under today's conditions. WASD has also confirmed that if ITD
were to construct the planned HWY 16 extension, and the Hunter Homes parcel access were impacted, that this Ustick
Rd. access would be allowed to remain in a restricted condition (the restriction is unknown at this time but assumed to
be right in / right out limits) and ITD would be required to work with the property owner to restore access and
connectivity that is lost as a result of the HWY 16 extension. The WASD proposes the following options for future access
to the east of the school site:
1. Option 1: Hunter Homes works with ACHD and ITD to ensure adequate access is provided to the planned use of
the parcel.
2. Option 2: WASD is open to the idea of granting a permanent easement on the south edge of the high school
parcel for future roadway development by others. The easement would be 47' wide to allow for the future
development of an ACHD local road section. WASD does not control all of the land on this proposed alignment
and cannot guarantee all land owners will participate or what costs may be incurred by the participating parties.
Upon a thorough analysis, it is clear that the WASD high school project has a positive impact on future development of
the adjacent parcels discussed above. In an effort to have a complete understanding of the concerns raised by the
Hunter Homes team, we evaluate the development of the Hunter Homes parcel independent of the WASD high school
and the HWY 16 extension. If Hunter Homes were to seek annexation and develop as medium residential in the City of
Meridian for the 40 acre parcel they would need to complete the following infrastructure improvements:
• Sewer: Construct 36" trunk line from the Oaks Lift Station in McDermott Road, south to Ustick Road. The WASD
high school project relieves Hunter Homes of at least the construction of 1,800 LF of this sewer trunk and
possibly 4,440 LF of this sewer trunk if they sewer to the high school site. The WASD high school by submitting
the first application will also carry the burden of the $250,000 lift station upgrade fees that will benefit the
future adjacent development.
• Water: Construct 12" water main from the City of Meridian Well in McDermott Road, south to Ustick Road and
east to Christian Way. The WASD high school project relieves Hunter Homes of the construction of
approximately 10,650 LF of this water main.
Roadway: Improve McDermott and Ustick frontage, construct access to McDermott Road and Ustick Road, and
possibly provide improvements at the Ustick/McDermott, Ustick/Star, and McMillan/Star intersections. The
WASD high school will, through participating with ACHD on intersection improvements, reduce the overall cost
to Hunter Homes on intersection improvements.
The WASD high school project will effectively relieve development of the Hunter Homes of approximately $2,000,000 to
$3,500,000 in infrastructure improvements. This investment by the WASD in infrastructure will have a positive and
lasting impact on the future development of adjacent parcels. The WASD high school project also creates a path to
annexation for the Hunter Homes parcel.
Thank you,
principal I landscape architect
matthew t. adams
208.939.4041 1 p
208.921.4757 1 c
462 e shore dr, ste 100
eagle, idaho 83616
matt@thelandaroupinc.com
THE LAND GROUP I thelandgroupinc.com
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EXHIBIT B
SPINK IN
-,
ATTORNEYS AT LAW
GEOFFREY M. WARDLE
208.388.3321
G WAR D LE@SPI N KB UTLE R. COM
Via Email and Certified Mail
June 20, 2018
Joe Yochum
West Ada School District
1303 E Central Drive
Meridian, ID 83642
Matt Adams
The Land Group
462 E Shore Drive, Suite 100
Eagle, ID 83616
RE: McDermott and Ustick Improvements and Access
SB Matter No.: 23133.0
Gentlemen,
I wanted to follow up on our meeting of June 4, 2018 and your communication dated
June 13, 2018. We appreciate your time and willingness to meet and your response.
As we discussed, our client, Woodside Avenue Investors, LLC ("Woodside"), is
concerned that the cumulative impacts of the future development plans and
requirements of the West Ada School District, the City of Meridian, the Ada County
Highway District, and the Idaho Transportation Department will significantly impact
its property located at the northwest corner of McDermott Road and Ustick Road.
Upon the final construction of State Highway 16, our client will be left with two
remnant parcels, one that is 15 acres west of the highway and one that is 8 acres east of
the highway. These two parcels will be configured in such a way that their value and
development potential will be limited and there will be significant damage to our
client's reasonable investment backed expectation.
MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER MATTHEW J. MCGEE
251 E FRONT ST - SUITE 200 • PO BOX 639 • BOISE, IDAHO 83701 • 208.388.1000 • FAX 208.388-1001 • SPINKBUTLER.COM
June 20, 2018
Joe Yochum
Matt Adams
Page 2
As we discussed, there are solutions that should be explored by all of these entities and
Woodside now. We appreciate the fact that you have proposed some potential
solutions related to the issues that we raised, and we will discuss them further below.
We have heard the concern expressed by staff and consultants for the WASD that the
future highway plans are not germane to the current development plans of the WASD
however, they are. The agencies and property owners can either work jointly to
address future issues now or, if they elect not to, face them after when solutions will be
more expensive, painful, and impactful on their properties, operations, and customers.
Evaluation and resolution of these issues at the commencement of the development of
this area is necessary to minimize the cost and conflict that will result in the future in
the resolution of access and establishment of just compensation when ITD's project
moves forward.
It is also clear that the WASD has become aware of the costs associated with greenfield
development. While greenfield properties are less expensive, the costs associated with
extending necessary infrastructure are high, in part because, as WASD is learning,
jurisdictions with responsibility for infrastructure frequently require the extension of
backbone infrastructure and its oversizing to serve future development, not just what
the first applicant proposes or desires or can afford to construct.
As we discussed on June 4, there are solutions that my client believes appropriate,
including the following:
Construction of the collector ITD contemplated in its original EIS for State
Highway 16 at the quarter mile west of McDermott as depicted on the City of
Meridian's Future Land Use Map. Currently, the collector is being proposed at
the half mile, which severely impacts access to Woodside's property.
Reconfiguration of the school site and an exchange of property between
Woodside and the WASD. One possible example that would help avoid negative
impacts would be to locate those facilities that do not require direct vehicular
access to the 15 acres immediately adjacent to the future State Highway 16 right
of way. Woodside, which requires access so as to ensure the viability of
development of its property, would obtain 15 acres to the south of the school site,
adjacent to Ustick Road.
Conveyance of the WASD surplus property and the acquisition rights that the
WASD has in the Flower property to Woodside, who will then facilitate
June 20, 2018
Joe Yochum
Matt Adams
Page 3
development and access of those parcels as a larger project consistent with the
requirements of the Meridian Comprehensive flan. Exploration of this option
necessitates the WASD communicating how such a conveyance could be
accomplished in accordance with its governing statutes and what considerations
would be required.
Constructing a public street along the southern boundary of the school site, north
of the WASD's future surplus property adjacent to Ustick Road, so as to facilitate
shared commercial access to all of the parcels that are south and east of the
school site. This scenario would recognize that these parcels will be denied
direct access to Ustick Road and that future access at an intersection at the
quarter mile will be restricted. A proposed configuration of such roadway has
been designed by our consultant and is attached for your review. You will note
it is similar to what you have proposed.
While ACHD may be willing to provide temporary access to Woodside's property at
Ustick Road and McDermott Road, the reality is that the proposed highway alignment
severely limits the ability Woodside to develop its property and the extension of
services that would otherwise be economical if it retained its total area. Even temporary
access will be lost or severely restricted by ACHD in the future.
Additionally, as we discussed, ITD has indicated that it is unwilling to allow multiple
sewer connections to be constructed under the State Highway 16 right of way. In light
of the engineering challenges and costs associated with extending sewer along
McDermott Road, and the significant future impact that the alignment of State Highway
16 will have on our client's access to and ability to extend sewer service.
We have reviewed the suggestions that you have proposed, and we now turn to those
suggestions.
Sewer:
It is reasonable and appropriate that current development plans take into consideration
how most efficient sewer service to all parcels west of the State Highway 16 right of
way. Before addressing the options that you have proposed, we believe that the WASD
needs to confirm and the City of Meridian needs to approve the service of the WASD
property, Acclima, and Woodside properties from an 8 inch service line. If they can,
then that should be explored. However, we do not believe that the 8 inch service line
proposed for the WASD property will be sufficient to serve the other properties in the
vicinity. It is appropriate for utilities to be extended across the proposed State Highway
June 20, 2018
Joe Yochum
Matt Adams
Page 4
right of way at this time, with enough capacity to serve all of the properties west of the
State Highway right of way and north of Ustick Road, to a location accessible by all of
the properties located west of the State Highway right of way.
With respect to Option 1, stubbing an 8 inch line to the Spriggel/ Acclima property
boundary, that is not reasonable or acceptable. It is appropriate for the WASD to
construct the service line in a location that can be reasonably accessed by all the
properties. Requiring my client to arrange access and extend the line more than 1300
feet is unreasonable in light of the availability of Option 2 and what appears to be the
preferred alignment of the WASD.
As to Option 3, as we discussed at our meeting, the impact of the State Highway 16
right of way take on Woodside's property changes the economics of extending sewer to
and through the site. Woodside will be deprived of the development capacity of more
than 15 acres. With the development potential of the eastern 8 acre remnant being
significantly limited, the cost of such main extension renders it unfeasible. In light of
the impact that the proposed condemnation will have on the larger area and
McDermott, significant and serious discussions will need to be held with the City of
Meridian on the viability and feasibility of this extension in the future. We question the
need to extend it 2600 feet at this time to Ustick. It is worth exploring the extension of
the main to the Acclima and Woodside boundary and then providing service to the
WASD site at that common boundary, as it appears that such a configuration would
significantly shorten the currently proposed design, however it is unreasonable to
suggest that Woodside be responsible in the manner Option 3 suggests.
With respect to Option 2, that is more promising, however, in reviewing the proposed
location that the WASD has identified, it would reduce costs for all parties if the WASD
in fact located the main service line along the properties' common boundaries to permit
service to each property from such common line. An alternative alignment could be
considered that we believe would be cost neutral to the WASD and minimize cost to
Woodside as well. We do not reject this out of hand, however, we encourage WASD to
further explore how to do this in a more cost effective manner.
Option 2 is only acceptable if there would be sufficient capacity to serve a mixed use
project on Woodside's property, together with whatever development density and
intensity the Spriggel/ Acclima properties can be developed at. We agree that this may
be acceptable if acceptable to the City of Meridian and the adjoining properties and if
there is technical confirmation that is viable.
June 20, 2018
Joe Yochum
Matt Adams
Page 5
Our initial concerns regarding access were discussed above. I can assure you that with
respect to the proposed Option 1, we will be working with those agencies, however, we
have already been told that access at Ustick Road will be significantly limited in the
future. That affects the surplus property of the WASD as well. So temporary solutions
now, that fail to contemplate the reconfigured circulation that ITD previously
identified, do nothing but ensure a future conflict and expense.
As to Option 2, it appears that we are both of the same mindset as to the need and
benefit for a "backage road." That is consistent with the requirements of the Meridian
Unified Development Code. In light of the anticipated access control ACHD will
impose upon properties fronting on Ustick Road, the surplus property that the WASD
contemplates selling will require this type of road to be built for those properties to be
developed. Based upon the concerns we have heard from both ACHD and the WASD,
access along Ustick Road will at best be limited to right in and right out at a few
locations and entirely eliminated at most other locations.
The WASD has the relationship with Flower, the WASD will be required to address the
issues associated with the ditch or irrigation facility that is within that alignment for its
project, and the WASD has the power to effectuate this acquisition. It is not
unreasonable to expect that the WASD will not only fully acquire the required right of
way for such a roadway, but also that it will construct it in conjunction with its
development of the school site. Again our clients regularly are required to extend
access to adjoining properties and through their own properties as part of their
development requirements. This backage road will provide benefit to the WASD and is
not an unusual or extraordinary development requirement.
Water:
We agree that the water service loop you are being required to construct to serve the
WASD school site likely solves the problem of extending the presently nonexistent
service through the larger neighborhood. The connectivity to our client's property can
be addressed in the future at the time of development application.
With respect to the options WASD proposed in its June 13, 2018 email, we appreciate
your efforts to be creative and the thought that was put in. As you know, in the private
development realm, our clients are frequently required to extend utilities and roadways
through their property to adjoining properties or upsize those to their ultimate
configuration as a condition to development. This is especially true for the first party to
develop in a greenfield area. While it is frustrating and it adds expense, this is the cost
June 20, 2018
Joe Yochum
Matt Adams
Page 6
and consequence of being the first to develop in an area that is underserved or unserved
by necessary public facilities and systems.
These are the concerns that we have. We appreciate the thought and sincerity that has
gone into the solutions that you have proposed. Additional evaluation and
consideration of some of the options are merited and with further refinement and
modification may be acceptable to our client.
Again, it is our client's desire to resolve these issues now, to avoid the future acrimony
that will necessarily arise if and when roadway improvements sever its property,
render it inaccessible, and undevelopable. We invite solutions from the WASD and the
other agencies. We are willing to work for positive outcomes for all parties, however,
private property owners absolutely must protect their interests when the actions of
governmental entities effectuate the taking of their property interests. We would invite
further communication regarding these issues.
Sincerely,
GMW:dw
c: Woodside Avenue Investors, LLC
Enclosures
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WOODSIDE AVENUE INVESTOR LLC
SOLUTIONS
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LOCATED IN THE SE 1/4 OF SECTION 32
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ADA COUNTY, IDAHO
1029 N. ROSARIO ST.. STE. 100
MERIDI+N, IDAHO 83642
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EXHIBIT C
bP�NK EIBUTLERI
ATTORNEYS AT Lei
GEOFFREY M. WARDLE
208.388.3321
GWARDLE@SPI N KBUTLER.COM
Via Email (amlt.revis@itd.idaho.gov) and Certified Mail
June 22, 2018
Amy Revis
Idaho Transportation Department - District 3 Headquarters
8150 Chinden Boulevard
Boise, ID 83714-1367a
RE: Woodside Avenue Investors, LLC
McDermott and Ustick Improvements and Access
SB Matter No.: 23133.0
Dear Ms. Revis,
We represent Woodside Avenue Investors, LLC ("Woodside") which is the owner of
approximately forty (40) acres at the northwest corner of McDermott Road and Ustick
Road. We understand that you have discussed this site, the pending development
applications of the West Ada School District ("WASD"), and the Idaho Transportation
Department's ("ITD") future plans and alignment of the extension of State Highway 16
("SH -16) with James Hunter, the manager of Woodside. As you know, Woodside will
be the most impacted property at this intersection as ITD moves forward with its plans
for SH -16.
Woodside is concerned that the cumulative impacts of the future development plans
and requirements of the WASD, the City of Meridian, the Ada County Highway District
("ACHD"), and ITD will have a significant and an unreasonable impact upon its
property. Based upon ITD's plans for the alignment of State Highway 16, Woodside
will be left with two remnant parcels, one west of SH -16 and one east of SH -16. More
than 15 acres is proposed to be taken for ITD's project to construct SH -16, to construct
an interchange, and to improve Ustick Road. The size and configuration of Woodside's
remnant parcels will significantly reduce if not limit their capacity for development in
the future. Woodside's investment in this property will be damaged.
MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER MATTHEW J. MCGEE
251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE. IDAHO 83701 , 208.388 1000 • FAX 208.388.1001 • SPINKBUTLER.COM
June 22, 2018
Amy Revis
Page 2
The City of Meridian has recognized the future impact of IITD's proposed extension of
SH -16 and has incorporated the proposed interchange in its comprehensive plan when
it included the necessary access roads identified in ITD's prior survey and EIS in its
Future Land Use Map. However, we are conserved that neither the WASD nor ACHD
appear to have committed to ITD's projected alignment by incorporating these
necessary access roads in their development plans. No one seems to seek to minimize
takes or to ensure that the properties that will be most directly impacted by the current
and future development plans of ITD, ACHD, and WASD will be ensured reasonable
future access to Ustick Road and other local access roads under their plans for the the
properties that will be most directly impacted by ITD's extension of SH -16.
Although ITD's power is generally limited, it has clear authority in the area of aligning,
constructing, and managing state highways. The extension of SI1-16 falls within ITD's
express authority. ITD should act now to minimize future conflicts and future expenses
associated with condemnation of real property for SH -16. Based upon your
conversations with representatives of Woodside and statements by ITD Staff in our
meeting with the City of Meridian, we respectfully request that ITD take the following
actions consistent with those conversations:
• Providing specific direction to the City of Meridian, ACHD, and the WASD to
coordinate the creation and preservation of the access roads consistent with the
original plans included in ITD's EIS and early survey work;
Requiring the realignment of the proposed collector to the west of the WASD
school site to the east side to conform with ITD's plans, ITD's EIS, ITD Staff's
recommendations, and the City of Meridian's adoption of such;
• Providing express direction to these jurisdictions as to where future utility
extensions across the future SH -16 right of way should be located; and
+� Engaging with all of these jurisdictions to ensure that properties that ITD will be
taking in the future are not damaged in such a manner as to unnecessarily
increase ITD's future condemnation costs in the future.
We expect that as ITD reviews and opines on the WASD's application that it will
exercise the authority it possesses to address the foregoing.
Failure to act now ensures that unnecessary cost and conflict will be incurred and will
occur in the future when ITD's project moves forward. ITD's cost to re-establish access
for payment of just compensation to all affected property owners, most critically,
Woodside will only increase in the future if inadequate action is not taken now.
June 22, 2018
Amy Revis
Page 3
ITD's project will result in the taking of more than 15 acres of Woodside's property.
The cumulative impacts of the uncoordinated actions of WASD, ACHD, and ITD may
result in a complete taking of Woodside's property, if action is not taken now by ITD,
to better coordinate the transportation system at this future interchange. We await your
action.
Sincerely,
4ff. ar le
GMW:dw
cc: Woodside Avenue Investors, LLC
Caleb Hood, City of Meridian
Mindy Wallace, ACHD
Joe Yochum, WASD
Matt Adams, The Land Group
EXHIBIT D
FOLEY FREEMAN, PLLC
ATTORNEYS AND COUNSELORS AT I.AW
953 S. INDUSTRY WAY
P.O. BOX 10
MERIDIAN, IDAHO 83680
HOWARD R. FOLEY
MARK S. FREEMAN
PATRICK J. GEILE
LEAH F. SHOTWELL
MATTHEW G. BENNETT
LINDA E. WELLS
July 10, 2018
Geoffrey M. Wardle
Spink Butler, LLP
PO Box 639
Boise, ID 83701
Re: Owyhee High School Site
Client No. 1000-059
Dear Mr. Wardle:
TELEPHONE: (208) 888-9111
FACSIMILE: (208) 888-5130
WEBSITE: wwwfol90eman.com
I represent the West Ada School District ("WASD") regarding the parcel of land
located on Ustick Road west of McDermott. I am in receipt of your letter dated June 20,
2018, and I have some concerns with your assessment of the situation.
As I am sure that you are aware, a comprehensive plan reflects the desirable goals
and objectives, or desirable future situation of use of land. Krempasky v. Nez Perce
County Planning & Zoning, 150 Idaho 231, 235 (2010). It is not considered to be a
legally controlling zoning law; rather it is a guide to "advise the various governing bodies
responsible for making zoning decisions." Bone v. Lewiston, 107 Idaho 884 (1984).
I understand your concern with the proposed construction of Highway 16 across a
parcel of land owned by your client. Although the construction of this road is speculative,
your client will be compensated by ITD for any taking of land under Idaho's eminent
domain laws. However, WASD's plans to build a high school to the west of your client's
parcel is not a taking, and it will only benefit your client.
WASD's development of its parcel, has nothing but a positive impact on the parcel
owned by your client. Not only are water and sewer lines being extended to a place
where your client will be able to easily access them for future development, but the new
high school and roads will significantly increase the value of your client's property.
Geoffrey M. Wardle
July 10, 2018
Page 2
As set forth in the June 13, 2018 email from my client's consultant, Matt Adams
with The Land Group, WASD has made a good faith effort to address the concerns raised
by your client in WASD's plans for the development of its property. These proposals
addressed methods whereby your client could obtain access to sewer, water, and roads to
its parcel. Your client has apparently rejected these efforts and has insisted that WASD
spend taxpayer funds to assist in the development of your client's parcel. This is neither
my client's obligation nor is it appropriate.
WASD has constructed numerous school sites in greenfield developments and is
fully aware of the costs associated therewith. It will spend considerable resources in
order to bring water and sewer to and through the school site, and to obtain roadway
access. However, it would be inappropriate for WASD to expend public funds to run
sewer and water lines to all of the surrounding parcels. Instead, WASD has
communicated its willingness to provide easements across its property in order to
accommodate the construction of water, sewer, and roadway improvements to serve your
client's property. Your client, however, must be responsible for the cost of extending
these services to its parcel.
1. Roadway Access:
With regards to your concerns over future road access, please keep in mind that
the proposed highway has not even been funded, and your client currently has access to
its property from both Ustick and McDermott roads.
WASD has no desire to exchange its current surplus frontage on Ustick Road for
your client's parcel.
WASD plans on constructing a road on the western boundary of its property, but
this in no way results in substantial prejudice to your client. The location of this road on
the western boundary is necessary for traffic flow from and to the high school.
If the Highway 16 is ultimately funded and constructed, WASD is not opposed to
the construction of a road a quarter mile west of McDermott on the properties to the east
of the school site. In fact, the future land use plan contemplates that a road will be
constructed at this quarter -mile mark where your client would have access should
Highway 16 be constructed. Regardless, WASD is not obligated to pay for the
construction of an access road along the west boundary of your client's property.
As set forth in Matt Adams' email referenced above, one of the options for
roadway access to your client's parcel is the grant of a 47' permanent easement between
the proposed access road to the school site and your client's parcel, through the southerly
Geoffrey M. Wardle
July 10, 2018
Page 3
portion of the WASD parcel. My client will consider shifting its proposed high school
development somewhat to allow for this entire easement to be located on the WASD
parcel. Although my client appears willing to provide the easement for this future road,
your client will need to pay for the design and construction of this road.
2. Water Access:
WASD's proposal to connect to City of Meridian water for domestic and fire
protection provide for the construction of a 12' water main in the right-of-way of Ustick
Road along the entire southern boundary of your client's parcel, so your client will have
direct access to water.
3. Sewer Access:
WASD is not obligated to expend public funds to extend sewer lines to a parcel
that is not impacted by its development. If your client would like to have sewer lines run
to its parcel, then it needs to pay the cost of extending them. Again, as set forth in the
email from Matt Adams, WASD is willing to cooperate by granting your client an
easement to allow your client to construct a sewer line extension during WASD's
construction of the high school. Otherwise, your client can deal with the property owner
to the north of your client's parcel (Acclima) to obtain sewer access from the north. That
is your client's choice, but WASD will not expend public funds for your client's benefit
when there are reasonable alternatives for your client to obtain sewer access to its parcel
in the future.
Again, Highway 16 has not been constructed, and there is no definitive guideline
on when it will be constructed. ;is a result, the assumptions being made here are all
speculative and may never actually occur. Should the construction of Highway 16 occur
and result in a "taking" of your client's property, it will not result in a total take given the
access that your client will have to construct roads and connect utilities.
In summary, the easements that WASD is willing to consider granting address any
reasonable issues that your client has with access to roads, water and sewer to its parcel;
however, WASD is not willing to, nor is it obligated to, "foot the bill" for extending
access and services to your client's parcel to make it development -ready. Obviously, the
proposals set forth herein and in the June 13, 2018 email from Matt Adams are subject to
agency comment and approval and are also subject to the approval of my client's board
of trustees.
If our clients can reach a mutually acceptable arrangement that will not result in
additional expense to WASD, I suggest that we attempt do so as soon as possible. Please
Geoffrey M. Wardle
July 10, 2018
Page 4
let me know if your client is interested in obtaining these easements for the construction
of its future development. I look forward to hearing from you,
Sincerely,
FOLEY FREEMAN, PLLC
Mark . Freeman
mfreeman@foleyfreeman. com
MSF/klh
cc: Client
EXHIBIT E
'INK MBUTL
ATTORNEYS AT LAW
GEOFFREY M. WARDLE
208.388.3321
GWARDI F@SPINKBUTLER.COM
Vin email
August 7, 2018
Mark S. Freeman
Foley Freeman, PLLC
953 S Industry Way
PO Box 10
Meridian, ID 83680
RE: WASD Annexation Application
SB Matter No.: 23133.0
Mr. Freeman,
I am writing in response to your letter dated July 10, 2018. My client Woodside Avenue
Investors, LLC (dba Boise Hunter Homes) has reviewed your response on behalf of your client.
We have also reviewed the City of Meridians file regarding this matter and are pleased to see
that the West Ada School District ("WASD") has taken steps to communicate with Mr. Flower
as evidenced by Mr. Flower's July 18, 2018 letter to the City of Meridian.
While we are certainly encouraged by the fact that the WASD is taking the concerns of
neighboring property owners seriously, we remain concerned that the WASD seems to dismiss
the concern of neighboring property owners by claiming that they are "insist[ing] that WASD
spend taxpayer funds to assist in the development of" adjoining properties. That is not the case.
Meridian and other jurisdictions have historically required the first developed property to
extend infrastructure "through and to", meaning that adjoining undeveloped properties be
provided reasonable access to and adequate capacity in the infrastructure that is necessary to
serve the larger area in the future. This is equitable and it is efficient.
MICHAEL T SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER MATTHEW J MCGEE
251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE IDAHO 83701 • 208.388.'1000 , FAX 208.388 1001 • SPINKBUTLER COM
August 7, 2018
Mark S. Freeman
Page 2
We are not seeking a subsidy, we are not seeking a handout, we are requesting that the WASD's
development activities do not adversely affect our client's future ability develop or impose
unnecessary future expose on our client. Both my client and Mr. Flower, only seek that the
WASD meet the same standards that any developer who develops a greenfield site must meet.
I will turn to the items you have addressed.
Roadway Access - Based upon our review of the application that WASD submitted to
Meridian, it appears from Mr. Flower's July 18, 2018 letter, that WASD has approached him
regarding the location of this future backage road. We are appreciative of the WASD initiating
those discussions.
However, the WASD's site plan on file with Meridian does not depict the location of this
proposed easement for the backage road and the area that appears to be contemplated in your
letter, WASD depicts on its site plan as a 50' easement in favor of NMID.
We have taken the liberty of having our client's consultant depict where we think this roadway
should be located. Backage Road "A" depicts the configuration that would be required if Mr.
Flower did not make access available. Backage Road "B" depicts the configuration that would
be appropriate if Mr. Flower did cooperate. Regardless of configuration it is imperative that the
location be established in a manner that does not conflict with the proposed NMID easement.
One other point that we would like to make regarding this backage road is the fact that the
WASD's retained property fronting on Ustick Road will benefit from this facility. This is
reaffirmed by COMPASS's communication to the City of Meridian regarding the WASD's
application about that Ustick Road's critical role in the Treasure Valley's transportation system.
Under ACHD's existing policies, it is unlikely that permanent direct access to Ustick Road will
be granted to this property and future platted lots. With WASD's construction of the collector
on its west boundary, ACHD's policies would dictate that this property access Ustick Road via
the new collector.
As has been noted, it is the future modification to Ustick Road and McDermott Road that will
fundamentally change access in this neighborhood. No property between the interchange and
the collector the WASD is constructing will have anything other than shared access that is
limited to right in right out at best. As such, futureproofing access is beneficial to all of the
property owners, including WASD, as WASD contemplates what it will do with its surplus
property. This is consistent with Section 11-3H-4 of the Meridian City Code regarding the
future network requirements in the vicinity of the future SH -16.
My client is not adverse to participating in the cost of the backage road, but it needs to be
reasonable and reflect the overall requirements that will be imposed upon each of the property
August 7, 2018
Mark S. Freeman
Page 3
owners. My client will be required to extend this road through its property in the future, likely
stubbing it through and to the Acclima property to the north. Acclima will likely be required to
make a further connection to access the northern road WASD proposes to get to the collector as
well.
WASD's appropriate course of action to resolve access is as follows:
• WASD acquire the rights for the backage road to cross Flower's property to permit the
preferred straight alignment, if it is unable to do so, then create an alignment that
avoids the Flower's property as depicted on the attached map
• The backage road location be coordinated with the NMTD drainage easement to
minimize future conflicts and construction expenses
® 50' right of way for the backage road be created by WASD for the benefit of the
Flower's parcel and my client's parcel, recognizing ITD's future need to potentially
use it to address access if SH -16 is constructed
■ The backage road be configured to access the WASD surplus, the Flower property,
and my client's property
• WASD construct the backage road when it develops its property with my client
responsible for 10% of the cost, and Flower responsible for 10% of the cost, if access
across that property is provided
Sewer Location -As we stated before, our concerns regarding sewer are that there is reasonable
access to and there is adequate capacity to serve our client's property. As noted in Section 5-3 of
the City of Meridian Public Works Department, 2016 Design Standards ("Design Standards")
sewer capacity should address "the entire tributary area" not just the use described in a
development application.
With the significant impact that a future construction of SH -16 will have on the entire
neighborhood and the long anticipated McDermott Road sewer extension, the WASD's
application should afford the City together with all property owners, an opportunity to
evaluate how best to serve the future development in this area in a manner that is cost effective
and adequate. We further note that in Mr. Flower's July 18, 2018 letter that he too requests that
adequate mainline sewer capacity be ensured and that in constructing this line that WASD
"stub sewer to and through their project to my parcel."
In reviewing the proposed sewer alignment and your letter, we believe that a slight
modification to the sewer alignment can address the collective interests of all property owners.
We believe that the interests of all parties can be met and the cost to the WASD be minimized by
realigning the main sewer extension from the center of its site, to its eastern boundary and
extending it south. It would appear that this would not impose any additional cost to the
August 7, 2018
Mark S. Freeman
Page 4
WASD, as the total linear length of sewer mainline would be the same as what it had proposed
running it to the center of its property.
This alignment is depicted as the "Potential Sewer Route" on the attached site plan and we have
confirmed that this results in no additional linear length of sewer main. Although this design
was prepared before we became aware of Mr. Flower's July 18, 2018 letter, we agree with his
sentiments that it makes sense to extend the sewer mainline "to and through" the WASD site,
Extending it along the eastern boundary of the WASD site to the backage road alignment
discussed above, would be an appropriate solution, and not likely impose significant additional
cost.
We recognize that Section 5-6 of the Design Standards requires that "All sanitary sewer
mainlines shall be placed within public street rights-of-way unless the use of easements is
specifically approved through Development Services." However, from our review of the
WASD submittals to date and the map provided by Matt Adams previously, it appears that
WASD is already seeking relief from this requirement as it is proposing constructing its
mainline extension through the center of the high school campus, outside of public street rights
of way ostensibly within an easement. It does not appear that WASD is dedicating the internal
drive aisles as public streets.
Alignment of this mainline along the eastern boundary of the WASD property would be
appropriate in this instance because none of the concerns that generally exist with sewer mains
outside of the public right of way in easements are present. The eastern boundary of the WASD
parcel does not pose any of the "backyard" conflicts that the Design Standards seek to avoid
because it would align with the open areas buffering the site's activity fields and sporting
facilities.
In fact, from looking at the currently proposed site plan, placement of the mainline along the
eastern boundary of the WASD parcel could address all of the parties' concerns. Minor
modifications to placement of improvements and irrigation easements can occur now to avoid
future issues. This alignment would benefit WASD, its surplus property on Ustick Road, the
Flower property, and my client's property by facilitating reasonable future extension to serve
these other properties.
An eastern alignment of the sewer mainline, and its extension south to provide service to the
WASD surplus property and the Flower's property in addition to my client's property will not
implicate any of the prohibited locations identified in Section 5-6F of the Design Standards
F. Prohibited Locations - Construction of sanitary sewers
shall be prohibited in the following locations unless
otherwise approved by the City Engineer;
August 7, 2018
Mark S. Freeman
Page 5
• Within the 100 -year floodway
* Within jurisdictional wetlands
* Parallel and underneath roadway landscaped medians,
however crossings are acceptable
• Within railroad rights-of-way unless a separate
easement or license agreement is acquired
* Within "backyard" and "side -yard" easements
• Areas inaccessible to equipment or personnel
Within 10 feet of any building or structure. If the sewer
depth is greater than 10 feet, this distance may have to
be greater depending on the soil conditions.
None of these conditions are present here. This alignment is not prohibited and is consistent
with the exception that WASD is already seeking from the Design Standards for placement in
an easement.
WASD's appropriate course of action to resolve the sewer alignment is as follows:
WASD design and construct the mainline sewer extension so that it is located along
its eastern boundary, appropriately sized for the development of the immediate area
The mainline sewer extension be extended to and through the site to a southern
location that provides reasonable access to the Flower's parcel, the WASD's southern
surplus property, and my client's parcel
Every property owner is responsible for their own future costs of connection to the
mainline
Water — Based upon your letter and the commitments that have previously been made it does
not appear that there is any dispute or disagreement as to the configuration or extension of
water service.
We appreciate your response and the efforts of the WASD reaching out to us, and also reaching
out to Mr. Flower. To reiterate, the issues we have raised have been focused upon ensuring that
the proposed development by the WASD does not unfairly limit the development capacity of
our client's property or impose unreasonable additional costs on our client when it develops its
property. Again, as noted above, all we are seeking is consistency and equity in the imposition
of infrastructure requirements upon new development.
August 7, 2018
Mark S. Freeman
Page 6
Sincerely,
Gc�o reY M a le
GMW:dw
cc: Woodside Avenue Investors, LLC
Becky McKay
Caleb Hood, City of Meridian
Matt Adams
Enclosure
SCALE
1 "=500'
DWG.DATE
07/27/18
PROJ. NO.
180426
SHEET
1 OF 2
180426—EXBT.DWG bkb
SITE EXHIBIT
WOODSIDE AVENUE INVESTOR LLC
LOCATED IN THE SE 1/4 OF SECTION 32
T.4N., R.11W., B.M.
ADA COUNTY, IDAHO
ENGINEERING
SOLUTIONS
1029 N. ROSARIO ST., STE. 100
MERIDIAN, IDAHO 83642
Phone (208) 938-0980 Fax (208) 938-0941