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Home My WebLink AboutCC - Spink Butler Letter to Caleb HoodSPMK EIBUTLER-. ATTORNEYS AT L A W HETHE CLARK HCLARK@SPI N KBUTLER.COM October 9, 2018 Via electronic mail (chood@meridiancity.orQ) Meridian City Council c/o 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 REQUESTED CONDITIONS OF APPROVAL Dear Mr. Hood: Thank you for your staff's efforts in connection with the planned Owyhee High School and related applications (the "Project") by West Ada School District ("WASD"). As you know, we represent Boise Hunter Homes and Woodside Avenue Investors, LLC ("BHH Woodside"). We understand City Staff is currently considering potential conditions of approval for the Project and will be meeting with WASD to discuss those conditions shortly. In connection with these discussions, BHH Woodside urges the City to impose two conditions for the benefit of area properties: (1) a requirement that WASD construct an east/west local street at the south boundary of the Project site to provide public street access to the north/south collector street at the half mile for the BHH Woodside property (Parcel #SO432429350); and (2) a requirement that WASD permit access to a sewer connection point so that properties north of Ustick and west of new SH -16 can be served. Given the City Engineer's comments regarding sewer, we believe the sewer connection piece is straightforward and should be required as a condition of approval to promote the orderly development and use of an important City resource. With regard to the road connection, Staff's recommendation contained in the Staff Report correctly reflects City ordinance requirements and its past treatment of private and public development applications. The language proposed by Staff should be retained. Additional detail for each of these requests is below. MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER 251 E FRONT ST • SUITE 200 - PO BOX 639 - BOISE, IDAHO 83701 • 208 388 1000 • FAX 208.388.1001 • SPINKBUTLER.COM Roadway Connection to BHH Woodside Property BHH Woodside continues to be very concerned that the actions of ITD and WASD will leave its property landlocked. The time is now to identify a joint solution. We were disappointed at the presentation made on October 2, 2018, during which time Mr. Allen showed a right-of-way easement that connected only to the Flower property from the half -mile north -south collector street. While it would be in WASD's power to do so, WASD chose not to connect to the BHH Woodside property and passed that buck to Mr. Flower. In addition, it seems no thought has been given to the existence of the irrigation drainage easement in that location. The proposed easement simply does not address the impact of this Project and SH -16. WASD should provide public right-of-way and construct a local road that: (1) actually connects to the BHH Woodside property, and (2) is not compromised by the irrigation easement in this location. We also heard WASD indicate that WASD does not wish to build the east/west local street, nor will it contribute anything to that cost. Instead, WASD is proposing that the road be built only as part of a "phased" development. Of course, this begs the question of what is being "phased." WASD has been clear that it will not be the party developing this outparcel. Only a high school is being built, meaning the only "phase" occurs now. Once the school is constructed and a certificate of occupancy has issued, WASD will have no further incentive to do anything, and the BHH Woodside property will be landlocked for an indefinite and perhaps extended period of time. This is why the City typically requires these roadway improvements up front. Staff was quite right when answering the Council and indicating that if this were a residential development, a fully constructed stub street would be required up front. A similar requirement was recently imposed on Compass Charter School (H-2018-0048) by the Meridian City Council. Every other development application requires a constructed roadway connection to preserve connectivity. We see no reason why this situation would be treated differently. Sewer Connection Once SH -16 is constructed, the portion of the BHH Woodside Property west of Highway 16 will be down to approximately 15 acres. Mr. Flower will be down to less than five acres. Neither is large enough to support an expensive extension from McDermott and across SH -16. As you know, the City has an ordinance that requires connections be made to and through. This addresses just this situation: The owner or developer of a new subdivision or development whether subdivided or not shall, at his expense, construct the necessary extensions of the public sewer system to provide public sewer facilities for each lot or building area in his subdivision. Additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line to the boundary in his development which is farthest away from the point at which initial connection is made to the existing city sewer main. (Meridian City Code, 9-4-8). WASD is bringing sewer to this site and should be required to permit adjoining property owners to connect into the City's sewer system. At the very least, providing for easement access should be a condition of approval. Conclusion Again, BHH Woodside wants to be clear that we are not opposed to this application. We believe these matters can and should be resolved directly. If they cannot be, we believe the conditions of approval identified above appropriately protect the BHH Woodside property and respect both City ordinance requirements and the City's typical treatment of development applicants. We would appreciate the opportunity to sit down and discuss these conditions prior to hearing on October 23, 2018. Sincerely, Hethe Clark cc: Sonya Allen (sallen@meridiancity.org) James Hunter (jameshhunterl@hotmail.com) Todd Tucker (ttucker@boisehunterhomes.com) Becky McKay (es-beckym@gwestoffice.net) Mark S. Freeman (mfreeman@foleyfreeman.com) Mindy Wallace, ACHD (mwallace@achdidaho.org) Amy Revis, ITD (amy.revis@itd.idaho.gov)