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Email from David KleinerPage 1 of 1 Tara Green From: David Kleiner [davidkleiner00@gmail.cvm] Sent: Tuesday, April 22, 2008 3:21 PM To: Tara Green Cc: Ballantyne Michael Subject: comments for Bach Homes City Council hearing Attachments: Kleiner Family Comment to Bach Homes City Council Hearing 04_22_08.doc Tara, I would appreciate it if you would include the attached comments on behalf of the Klciaaer Family Trust, as provided in the attached file, in the record for the Rach Homes C',ity r'ouncil hea.rin.g this evening. Please confir-x~ receipt to me and to Mike. Thank you. David. Kleiner Y.S. I sent this message to Sonya as well. 4/22/2008 Kleiner Famil Comment to Bach Homes Cit Council Hearin A ri122 2008 This comment is made by David Kleiner, Trustee on behalf of the Kleiner Family Trust, which owns aone-half interest in the land immediately south of the Bach Homes development site. We da not object to the Bach Hornes development. We du ask the City Council to impose the following conditions on approval of the Bach Homes application. Request: (1) As a condition to approval for annexation and zoning, Bach Hornes shall contribute one-half of the right-of--way and pay one-half of the construction cost for the extension of E. River Valley Road from Eagle Raad to Records Road. In the event ACHD requires a road alignment or curvature that requires Kleiner to dedicate more than one-half of the total square footage ofright-of--way for the E. River Valley road extension, Bach Homes shall reimburse Kleiner for the fair market value of land dedicated by Kleiner that exceeds one-half of the total land required by ACHD. Supporting. Explanation: By its October 1, 2007 letter to the City, Bach Homes asked the City to insure that Bach Homes would have access to Eagle Road through the Kleiner property: "Therefore we are requesting that the annexation application of CenterCal include a provision that allows 2 access points and allows far the Regency at River Valley to construct 50% (at our expense) of the roadway when necessary for our development. We also request that East River Valley be dedicated to the public in Phase 1 of CenterCal's proposed development. We are willing to provide 50% of the right-oaf-way for East River Valley Street if the alignment is acceptable to ACHD and ITD." In further support of this request, Bach Homes' engineer testified at the January 8, 2008 City Council hearing far Meridian Town Center, again asking the City to insure access for Bach Hornes tlu-ougli the Kleiner property. Tlie City Council did impure road dedication requirements on the Kleiner Family, of benefit to Bach Homes, as part of the development agreement applicable to Kleiner land. We note that Bach Homes acquired its property without access to Eagle Road and has sought to enhance the value of its investment by obtaining access through a neighbor's property. It is appropriate and customary for Bach Homes to equally share the road dedication and construction cost, and we ask that Bach be required to provide a 50/50 sharing of land dedication and construction costs as offered in its October 1, 2007 letter. Based on a March 2008 discussion with Lars Anderson, of Bach Homes, it appears that ACHD may require all of the right-of--way for E. River Valley east of Eagle Road to be placed on Kleiner land so as to insure alignment of the intersection of River Valley Road east of Eagle Road with the existing River Valley Road west of Eagle Road. We have not confirmed this information, but if this is required by ACRD, it would be required for engineering reasons rather than any policy favoring one landowner. Accordingly, we ask that Bach Homes be required to honor the 50/50 sharing provided in its offer, and to provide reimbursement to Kleiner, as necessary to insure a SO/50 sharing of the road dedication expense, in the event ACRD conditions require location of more than one-half of the right-of way for E. River Valley Road on Kleiner property. Zn fiirther support, we note that the value of the land required for the E. River Valley extension is considerably more than the current cost of construction for the roadway. Allowing Bach Homes to share only the construction cost would be highly inequitable to Kleiner, as it would limit Bach Homes' share of the total expense to approximately 20% of the total cost, for a road with immediate benefit to Bach Homes and no immediate application to the adjoining Kleiner property, which will remain undeveloped. Request: (2) Defer final approval of the Bach Homes site plan until the boundary line between the Kleiner property and the park property is finalized. This boundary line will determine the alignment of Records Road as it applies to the Bach Homes site plan. (3) Yrior to City approval of its site plan, require Bach Homes to discuss with the Kleiner Family the location of access drives into the Bach Homes development so as to minimize any adverse impacts on both the Bach Homes a~~d the Kleiner properties. If the parties cannot reach an understanding as to drive locations, Kleiner should be free to present alternative locations to City staff and City Council. Supporting Explanation: The Kleiner Family Trust is one party to a three party complex land transaction that must come to fruition before the Bach Homes development may obtain the access it needs to proceed. The family's efforts are focused on the CenterCal transaction and helping to make that development possible. One matter that has not been finalized is the location of the boundary between the park and the Kleiner retained land. While the details remain confidential, we do point out that the location of Records Road shown on the Bach Homes site plan is currently not accurate and the final location of the boundary and the road will affect the site plan. Finally, we note that the location of the access drives from E. River Valley Road is important both to Bach Homes and to the fiiture development of the adjoining land, including cross-access to the CenterCal development, and ask that Bach. Homes work with Kleiner as requested to consider alternate drive access locations.