The URL can be used to link to this page

Home My WebLink About2020-09-15 Christina Morrow Charlene Way From:Chris Johnson Sent:Tuesday, September 15, 2020 2:36 PM To:Christina Morrow Cc:Charlene Way Subject:RE: Comments/Opposition for July 16, 2020 hearing Christina, Thank you for your email. We will add your additional comments to the record. Have a great afternoon. Chris Johnson City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjohnson@meridiancity.org 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: Christina Morrow <CMorrow@parsonsbehle.com> Sent: Tuesday, September 15, 2020 2:31 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: RE: Comments/Opposition for July 16, 2020 hearing Hello Chris. I see that the applicant has submitted a revised plat for the property addressing my initial Comments/Opposition below. I would like to add additional comments, if possible. The City of Meridian Future Land Use Map adopted by the City of Meridian on December 17, 2019 – less than one year ago – does not anticipate the area that this property is located within being zoned higher than Medium Density Residential. The change in zoning requested by the applicant from R-4 to R-8 is not in line with the future use plan of the City. As sated within the City’s Comprehensive Plan “\[h\]igh density housing must be strategically located to public transportation, community services, and employment areas.” As further recognized by the Comprehensive Plan within the housing goals and objectives, higher density housing should be “. . .near corridors with existing or planned transit, Downtown, and in proximity to employment centers.” The property owned by the applicant is not within the areas designated for high-density housing and the City’s Future Land Use and Comprehensive Plan should not be changed to accommodate this single application. Thank you again Chris. Kind regards ~ Christina From: Chris Johnson <cjohnson@meridiancity.org> Sent: Thursday, July 16, 2020 7:33 AM To: Christina Morrow <CMorrow@parsonsbehle.com> Subject: RE: Comments/Opposition for July 16, 2020 hearing Christina, 1 I also wanted to let you know that the applicant has requested a continuance to a new hearing date of August 20. Ultimately, the commission decides if they will grant that request, but I do believe they will. The meeting is streamed live at meridiancity.org/live so you can follow the process if you choose. Have a great day. Chris Johnson City Clerk | City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cjohnson@meridiancity.org 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: Christina Morrow <CMorrow@parsonsbehle.com> Sent: Wednesday, July 15, 2020 7:39 PM To: City Clerk <CityClerk@meridiancity.org> Subject: Comments/Opposition for July 16, 2020 hearing RE: Opposition to application for Horse Meadows Subdivision RZ, PP H-2020-0060 Hearing Date and Time: July 16, 2020 6:00 p.m. Applicant: Riley Planning Services Project Location: 710 N. Black Cat Project Request: Rezone and Preliminary Plat City Clerk: My husband and I, own, and along with the rest of our family, live on the property located at 630 N. Black Cat Rd. The Applicant's proposed development abuts our property to the north. I am writing to oppose the application for the issuance of a Preliminary Plat for Horse Meadows Subdivision. We oppose the application because the proposed preliminary plat would encroach on and use part of our of property that my husband, and I, and our predecessor owners, have been exclusively using and improving. Our rights extend to all of the property south of the existing fence line. Therefore, we have ownership of it by adverse possession as our occupancy and that of the prior owners has existed for more than 30 years. This exceeds the 20 year requirement for adverse possession stipulated by Idaho Code § 5-210. The Applicant has not sought to purchase any portion of our property and we are not willing to sell it. Our adverse possession of the property at issue is also documented by the Record of Survey No. 1655, recorded as instrument number 9031964 on June 18, 1990, and Record of Survey No. 9481, recorded as instrument number 113068085 on June 19, 2013. Both of these Records of Survey establish that this long-existing fence line along the north border of our property actually occupies a portion of the Applicant's tax parcel no. S1210325602. The Preliminary Plat for Horse Meadows Subdivision ignores that portion of the tax parcel that is south of the fence line and which is our property. The fence has existed in the same location at least since the June 18, 1990 Record of Survey and the prior owners of our property advise that the fence was likely in place since the early 1970’s. The adversely possessed property has been 2 protected by the enclosure of the established fence line and has been cultivated and improved, as evidenced by the established and large trees (planted in the early to mid-1970’s), shrubs and lawn, as well as the established underground sprinkler system which resides within the property the entire length of the our fence line and the adversely possessed property. Therefore, any Preliminary Plat which contemplates the use of our adversely possessed property should be denied. Please confirm your receipt of this email. Kind Regards, Christina Morrow Christina Morrow • Paralegal Parsons Behle & Latimer 800 West Main Street, Suite 1300 • Boise, Idaho 83702 Main +1 208.562.4900 • Direct +1 208.562.4869 • Fax +1 208.562.4901 A Professional parsonsbehle.com • CMorrow@parsonsbehle.com • vCard Law Corporation CONFIDENTIALITY NOTICE: This electronic mail message and any attachment(s) are confidential and may also contain privileged attorney-client information or work product. The message is intended only for the use of the addressee. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, you may not use, distribute, or copy this communication. If you have received the message in error, please immediately notify us by reply electronic mail or by telephone at 801.532.1234, and delete this original message. 3