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HomeMy WebLinkAboutSpink Butler 1019181 Chris Johnson From:Sonya Allen Sent:Friday, October 19, 2018 4:41 PM To:City Clerk Subject:Owyhee High School - Public Testimony Attachments:Letter to Sonya Allen Final (10-19-18).pdf Please include in the public record. Thanks From: Geoffrey M. Wardle [ mailto:GWardle@spinkbutler.com ] Sent: Friday, October 19, 2018 4:01 PM To: Sonya Allen Cc: James Hunter; Todd Tucker; Hethe Clark; mfreeman@foleyfreeman.com Subject: WASD Application Sonya, Please see the attached letter on behalf of our client Woodside Avenue Investors. We remain concerned that the proposed condition does not prevent our client’s property from being landlocked in the future and request the original proposed condition be included. I have included the letter and images we have forwarded to the WASD. We have invited them to meet with us on Monday to discuss further in advance of the hearing. Please let me know if you have any questions. Also, please provide the final staff report as soon as it is available. Geoffrey M. Wardle, Partner 251 E Front Street, Suite 200 | PO Box 639 | Boise, Idaho 83701 gwardle@spinkbutler.com | Fax: 208.388.1001 | Direct: 208.388.3321 | Mobile: 208.867.9778 CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential, and/or protected from disclosure under applicable law including, but not limited to, the attorney-client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. THIS E-MAIL IS NOT AN OFFER OR ACCEPTANCE: Notwithstanding the Uniform Electronic Transactions Act or any other law of similar import, absent an express statement to the contrary contained in this e-mail, neither this e-mail nor any attachment are an offer or acceptance to enter into a contract, and are not intended to bind the sender or any other person or entity . ATTORNEYS AT L A W GEOFFREY M. WARDLE 208.388.3321 GWARDLE@SPI N KBUTLER.CO M Via Email (swatters@meridiancihj.org) October 19, 2018 Sonya Allen City of Meridian 33 E. Broadway Ave., Suite 102 Meridian, ID 83642 RE: WASD Annexation Application for Owyhee High School SB Matter No.: 23133.0 Dear Ms. Allen, We are in receipt of the revised site plan and the revise conditions of approval. We continue to visit with the West Ada School District. Please see the enclosed letter to Mark Freeman with our response to the WASD's proposal. The revised condition of approval regarding the extension of a local street only to the Flowers parcel is not acceptable. We remain willing to discuss participation with the WASD for this road, however, the alignment they have proposed is poorly thought out and unnecessarily creates future issues for both Flowers and Woodside. A slight realignment to the north of the existing NMID facility would resolve this matter. As such, we request that the WASD Application be approved with the original proposed condition: h. An east/ west local street shall be constructed at the south boundary of the high school site and shall extend to the east boundary of the school site with a temporary turnaround for future extension to the east. This street will provide access to the north/ south collector street at the half mile for Parcel #SO432429350 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 October 19, 2018 Sonya Allen Page 2 (Woodside Avenue Investor, LLC) when SH -16 is extended and access is no longer available via N. McDermott Road. Also, I believe the sewer issue is resolved from our discussions with the WASD. If WASD provides an easement my client will construct or pay the cost of extending the sewer line. We would request an additional condition be included as follows: An easement for extension of the sewer distribution line to the properties to the east be granted by the applicant in the corridor south of the stadium and north of the main baseball diamond and the applicant work with the adjoining property owners to define the scope of the easement and to coordinate the scope of the work. We believe that resolution is at hand if the City of Meridian consistently applies its existing policies and standards. We will continue to work with the WASD up to the hearing to resolve this. Sincerely, - eof Y Ward e GMW:dw J1�^- cc: Woodside Avenue Investors Mark Freeman Enclosure SP I ATTORNEYS AT L A W GEOFFREY M. WARDLE 208.388.3321 G WARDLE@SPI NKB UTLER.CO M Via Email (mfreeman@foleyfreeman.com) October 19, 2018 Mark Freeman Foley Freeman, PLLC 953 S. Industry Way PO Box 10 Meridian, ID 83680 RE: WASD Annexation Application for Owhyee High School SB Matter No.: 23133.0 mark, Thank you for communicating the West Ada School District's proposed site modifications. I have visited with my client Woodside Avenue Investors, LLC (dba Boise Hunter Homes). We have reviewed the revised site plan and the proposed conditions of approval that we understand the WASD and City of Meridian Staff have discussed and drafted. In the interest of quickly responding to your client's offer, I have taken the liberty to mark up and attach pages from the revised site plan. First, on the attached document labeled EX1, Woodside is amenable to the WASD's offer to provide a sewer easement for service to the Woodside parcel. To confirm, I have marked the approximate location of the sewer easement in the location note as "Sewer Easement" on EX1. Woodside will construct or pay for the cost of constructing the sewer extension within the easement at that location. We will work with WASD to define the scope of the easement and work. We believe this resolves any dispute. Second, with respect to the southern access road, we acknowledge that the WASD has reconfigured the ball fields and parking lots to provide for a local street. We 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 • SPINKSUTLER COM October 19, 2018 Mark Freeman Page 2 understand WASD is proposing to construct approximately 900' of the local street to its boundary with the Flowers Parcel. These modifications do not to adequately address, and in fact exacerbate, certain conditions we have previously raised for both WASD and Meridian staff, ultimately leaving the Woodside property landlocked. Our client's request remains the same: WASD should be required to 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 Woodside property (Parcel #SO432429350). The proposed design and the proposed conditions do not satisfy this requirement and may actually exacerbate access for adjoining properties, in particular the Woodside property which will be landlocked with the construction of SH -16. This would have been avoided if WASD and Meridian staff had engaged my client and Flowers in their discussions and had reasonably considered our request for a three way participation agreement. However, to move this forward, we want to be clear with our concerns as noted below and as noted on the attached document, EX3. 1. The proposed local street is generally located where Woodside had suggested for its western 800 feet, but it then veers south of the NMID facility, which is problematic. The appropriate future alignment is the area identified in blue on the attached document. This is consistent with our prior request. 2. WASD is now showing two proposed local streets on its southern surplus parcel. The configuration of the these streets if constructed as proposed, across the Flowers Parcel, result in an intersection at the Woodside property that is not consistent with ACHD policy, will render a significant portion of the Flowers Parcel undevelopable, and will adversely impact Woodside's property. 3. The dead ending of the local street at the Flowers Parcel does not solve or address the larger issue of access to the Woodside property, which will be left landlocked in the future. As it appears that WASD is proposing some type of basin on the Flowers Parcel, it is not clear why this issue of access across the Flowers Parcel cannot be revised now. October 19, 2018 Mark Freeman Page 3 4. As the WASD is going to file a portion of the existing NMID facility for its parking lot, it is appropriate to address the larger issue of the additional area that needs to be tiled and the license agreement needs to reflect that. The NMID facility should be tiled some additional distance with its headgate or culvert located approximately where we have placed the red dot. I believe that this can be resolved and that we can finalize an agreement, if the WASD will acknowledge my client's legitimate concerns regarding access. WASD has agreed to stub access to the Spriggel property, the Acclima property, and the Flowers property, with very slight modification, it can do the same for the Woodside property. As such, I suggest that we have our clients meet and Flowers be invited to participate. We will make ourselves available Monday late morning or early afternoon to meet and discuss. Sincerely' offre dl GMW:dw CC' Woodside Avenue Investors, LLC Caleb Hood Sonya Allen oUePl'Alunoo epd a al 3uowieOow I 'PH 4311sn 'M Ueld IXBIu03 GMS La, s1 1,41 Io49S 461H MON OSVM All �° as i Y 4 S it x_ c3 , ' b. 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