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Home My WebLink AboutZ - Request for ReconsiderationSPMK EdBUTLER-. ATTORNEYS AT L A W T. HETHE CLARK (208) 388-3327 HC LARK@SPI N KB UTLE R.CO M Via U.S. Mail and electronic mail (chood@meridianciti .oEg November 26, 2018 Meridian City Council c/o Caleb Hood, Planning Division Manager City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Re: REQUEST FOR RECONSIDERATION Findings of Fact, Conclusions of Law for Owyhee High School (H-2018-0075) SB File No. 23133.0 Dear Mr. Hood: Please consider this letter a request for reconsideration pursuant to Meridian City Code 1-7-10 and Idaho Code Section 67-6535. Before making this request, we want to be clear again in our support for West Ada School District ("WASD") and its mission. We would like to see the high school project go forward and accordingly request that this reconsideration be narrowly construed to address only Condition of Approval 1.1.8. The above-mentioned application has been one of great public interest. As you know, we have been in consistent contact for months with WASD and City staff regarding our two concerns, which included: (1) connection to sewer and (2) preventing the Woodside Avenue Investors, LLC and Boise Hunter Homes ('BHH") property from being landlocked. With regard to the sewer connection, Meridian City Code requires that sewer connections be "to and through" (see City Code Section 9-4-8). BHH has, however, compromised and agreed to accept an easement and to pay the cost of extending the sewer line. We consider this issue resolved. This was done in good faith and out of respect for WASD and this project. The second issue—preventing the BHH property from being landlocked—has not been resolved in a manner that is either logical or practical. We understand that the Council considered itself bound to the wording employed in the actual motion, which after exhaustive review resulted in a condition of approval that requires WASD to provide an easement that does not provide a connection to the BHH property; instead, it leaves a gap with no obligation on the part of WASD - the applicant for the approval granted by the City - to actually resolve the situation. This gap is shown 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. IDAFIO 83701 • 208 388 1000 • FAX 208,388 1001 • SPINKBUTLER COM _ �Ii Si€8 s LANDLOCKED 3=a m OVERS " PARCEL " O Y100090E _ = / tMrtutcrt=Rm PARCEL I-7777-1-771 - +Jl� Conceptual Roadway Plan The only reason to impose the easement requirement was to prevent the BHH and Flowers properties from being landlocked. As the map above illustrates, Condition 1.1.8 is only a piecemeal solution to that problem. The deliberation on November 6 and 13, 2018 seems to illustrate Council was not comfortable with this outcome. At least one Council member disagreed that this was the understood intent of the motion at the time. Perhaps Council assumed that there will be a negotiation with Mr. Flowers, who owns the "gap" parcel. Flowers sold the high school property to WASD and it is our understanding that WASD continues to have a right of first refusal in the Flowers property. It is appropriate that the party requesting City approvals be the party negotiating this easement—this is particularly true in this case given the existing relationship. To date, those negotiations have gone nowhere, as evidenced by the communication shared with City staff and attached as Exhibit A. The fact that there has been no progress only emphasizes the need to modify this condition. The solution to this matter has been on the record from the beginning. It was set forth on the attached map that we provided in our comments to the Planning and Zoning Commission (attached as Exhibit B). WASD should be required to negotiate an easement with Flowers. If on its own property. BHH is not asking for special treatment. Again, BHH has offered to pay for sewer construction that in all other development projects in Meridian would have been borne by WASD. Unfortunately, the Council's current access condition places BHH in a position where reconsideration is necessary to address an incomplete solution that leaves the BHH property landlocked in the future. Accordingly, BHH respectfully requests that Condition 1.1.8 be reconsidered. The alternative language identified by Staff at the November 6, 2018 hearing is an appropriate resolution that would be acceptable to BHH. Very truly yours, cp_ T. Hethe Clark he/bdb c: Client Mark Freeman (mfreeman@foleyfreeman.com) Gary Allen (gaiyallen@&ivensl2ursley.com Bill Nary, City Attorney (bnary@meridiancity.org) Exhibits Exhibit A - Email correspondence regarding Flowers negotiations Exhibit B - Depiction of acceptable easement configurations Exhibit A Hethe Clark From: Geoffrey M. Wardle Sent: Tuesday, November 06, 2018 4:12 PM To: Sonya Allen Cc: James Hunter, Todd Tucker, Hethe Clark Subject: RE: CNryhee HS TimeMatterslD: M5083A9ACF6EC497 TM Contact: 8HH Investments 1, LLC TM Contact No: 23133 TM Matter No: 23133.0 TM Matter Reference: General Matters Sonya, To follow upon our discussion Woodside Avenue Investors is supportive of the condition 1.1.8 that Staff has proposed. The proposed revision proffered by the WASD is not acceptable to Woodside. While we have again requested that WASD arrange a meeting with the Flowers, representatives from the School District, and my client, that has not yet happened. On October 30, 2018, the WASD's representatives informed us that they had reached out to the Flower's representative, but that they were not able to schedule a meeting. On Friday November 11, 2018, counsel for the WASD indicated that they had requested such a meeting and had provided the Flower's representative with the draft findings and conclusions, but that Flower's representative responded as follows: Just a quick update on the Flower ROW. The City of Meridian is working on a sewer analysis to the Flower parcel. They mentioned that this sewer line could potentially service all or part of your remainder residential parcel. Therefore benefiting WASD as well. In addition, he is still waiting far thefinal written conditions of approval. He will need these items prior to any discussions Thanks - Fred DePold Silvercreek Realty Group I would remind staff that in our original submittal to the City on August 8, 2018, we had proposed two alternatives, A and B, to address this situation, with Scenario A, avoiding this problem and the participation of Flowers and Scenario 8, reflecting what the District now wants, but with the Flower's participation. While we hoped that a resolution involving Flower's property would happen, this reaffirms the concern we expressed with the fact that the solution that the WASD proposes and the revision they have requested to your language is not actually a solution. As such, we have not reached any agreement with WASD or Flower. We request that the language staff has drafted be presented to City Council as proposed. Please call if you have any questions. Geoffrey M. Wardle, Partner 251 E Font Street. Sv?e 200 1 PO Box 639 1 Boise. Ido" 83701 Exhibit B Access Option 2 Add a condition of approval requiring the West Ada School District to construct a local street along the southern boundary of the school site. The street should stub to Parcel #SO432429350 and not cross Parcel #SO432438800. Access Option 3 MD _ MMES KKNI-tl-Yr MA 0 T Xiq% 9R I ''�` _ [1 I wmro�r n.xf. � ACK�AGf KOAD ' I I I, I 1I� I 1 I £F I W 1 1 I vq :rl m I r 1 1 1 I gCKgGf l0A0 ' 1 I UNDtOCKID 1 1 I 1 I I I I 1 I Add a condition of approval requiring the West Ada School District to construct a local street along the southern boundary of the school site. The street should stub to Parcel #SO432429350 and not cross Parcel #SO432438800. Access Option 3 BOISE HUNTER HOMES Add a condition of approval requiring the West Ada School District to construct a local street along the southern boundary of the school site. The street should stub to Parcel #S0432429350. BOISE HUNTER HOMES #JDtl-WV F"'.)SDgCL LR I I I r I u.ev.vic mnl. I I I 'I I II� r ACK�AGf KOAD ' t B LLHDICCKlD I I 1 I vq :rl m ueu 1 I 1 1 1 I BOISE HUNTER HOMES Add a condition of approval requiring the West Ada School District to construct a local street along the southern boundary of the school site. The street should stub to Parcel #S0432429350. BOISE HUNTER HOMES 1 C.Jay Coles From:Hethe Clark <hclark@spinkbutler.com> Sent:Monday, December 10, 2018 3:50 PM To:C.Jay Coles; Stacy Wardein Cc:Bill Nary; Geoffrey M. Wardle; Jeffrey W. Bower; Gary G Allen Subject:RE: H-2018-0075 - Applicant Response to Request for Reconsideration (14408-2) [IWOV-GPDMS.FID849294] Mr. Coles: In response to the below-mentioned letter from counsel for West Ada School District, we’d ask that the following points be submitted to the Council for their review prior to tomorrow’s meeting: 1. Our request for reconsideration is made both on Idaho Code 67-6535 and Meridian City Code 1-7-10. As discussed in our letter, the deficiency in this case is a condition that is an incomplete solution. It places the burden on Woodside Avenue Investors, LLC / Boise Hunter Homes (BHH) to solve a problem that is not of its making and threatens to landlock BHH’s property. 2. ITD representatives met with BHH last week and informed BHH that its access will be negatively affected with the SH16 construction. The impact of loss of access by the actions of ITD, the City of Meridian, and WASD has not been adequately considered by any of the involved agencies, including ACHD. The issue is certainly not resolved with this condition. 3. BHH has reached out to Flowers and attempted to buy the piece of property in question at a price of $141,000 per acre. During an in-person conversation late last week, the offer was rejected with no counter-offer. We understand Mr. Flowers believes he needs to be negotiating with WASD. WASD is supporting the current condition, which lets it off the hook. BHH meanwhile is left with a problem it cannot solve on its own. We are asking that the City Council resolve this matter by imposing the language identified by Staff at the November 6, 2018 hearing. Thank you. Hethe Clark 251 E Front Street, Suite 200 | PO Box 639 | Boise, Idaho 83701 hclark@spinkbutler.com | Direct 208.388.3327 | Fax 208.388.1001 From: C.Jay Coles [mailto:cjcoles@meridiancity.org] Sent: Thursday, December 06, 2018 2:16 PM To: Stacy Wardein Cc: Bill Nary; Hethe Clark; Geoffrey M. Wardle; Jeffrey W. Bower; Gary G Allen Subject: RE: H-2018-0075 - Applicant Response to Request for Reconsideration (14408-2) [IWOV-GPDMS.FID849294] This will be entered into the record. Thanks, C.Jay Coles City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjcoles@meridiancity.org 2 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Stacy Wardein [mailto:stacywardein@givenspursley.com] Sent: Thursday, December 6, 2018 1:24 PM To: City Clerk <CityClerk@meridiancity.org> Cc: Bill Nary <bnary@meridiancity.org>; 'hclark@spinkbutler.com' <hclark@spinkbutler.com>; 'gwardle@spinkbutler.com' <gwardle@spinkbutler.com>; Jeffrey W. Bower <jeffbower@givenspursley.com>; Gary G Allen <GaryAllen@givenspursley.com> Subject: H-2018-0075 - Applicant Response to Request for Reconsideration (14408-2) [IWOV-GPDMS.FID849294] Good afternoon, Please ensure that the attached correspondence is delivered to the Mayor and City Council members. Thank you! Best, Stacy ______________________ Stacy Wardein, Legal Assistant GIVENS PURSLEY LLP 601 W Bannock St, Boise, ID 83702 direct 208-388-1249 fax 208-388-1300 stacywardein@givenspursley.com www.givenspursley.com ______________________ CONFIDENTIALITY NOTICE: This communication is confidential and may contain privileged information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.