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Home My WebLink AboutLetter from Givens PursleyPage 1 of 1 Tara Green From: Tamara Thompson [tthompson@landmarkdevgroup.com] Sent: Thursday, August 28, 2008 4:47 PM To: Tara Green; Sonya Watters Subject: City Council Letter - Overland Village Follow Up Flag: Follow up Flag Status: Green Attachments: Letter to Meridian City Council - GGA.PDF Fyi — I believe the attorney sent this directly to the Mayor's office. landmark M'In,�,rzenC f]ragp, LIC Tamara L. Thompson Landmark Development Group, LLC tthomgson0landmarkdevaroup.com 2462 East Sunshine Drive Boise, ID 83712 208.342.4516 208.342.4515 fax 8/29/2008 GIVEIRPSLEY LLP LAW OFFICES Gary G. Allen Debora K. Kdstensen Kelsey J. Nunez 801 W. Bannock Street Peter G. Barton Anne C. Kunkel W. Hugh O'Riordan. LL.M. PO Box 2720, Boise, Idaho 83701 Christopher J. Beeson Jeremy G. Ladle G. Andrew Page TELEPHONE: 208 388-1200 Clint R. Winder Michael P. Lawrence Terri R. Pickens FACSIMILE: 208 388-1300 Edit J. Bolinder Franklin G. Lee Angela M. Reed WEBSITE: www.givenspursley.com Jeremy C. Chou David R. Lombardi Scott A. Ta hirgi, I.L.M. William C. Cole John M. Marshall J. wig Varity EMAIL:GatyAllen@givenspursley.00m Michael C. Creamer Kameth R. McClure Conley E. Ward Amber N. Dine Kelly Greene McConnell Robert a. V to Kristin Bjorkman Dunn Cynthia A. Melillo Thomas E. Dvorak Christophar H. Mayor RETIRED Jeffrey C. Faraday L. Edward Miller Kenneth L. Pumley Justin M. Fredin Patrick J. Miller Reymond D. Givens Martin C. Hendrickson Judson B. Montgomery James A. McClure Steven J. Hippter Deborah E. Nelson August 28, 2008 Mayor Tammy DeWeerd & Meridian City Council City of Meridian City Hall 33 East Idaho Street Meridian, ID 83642 Re: Overland Village/AZ-08-001/VAC-08-01 Our File: 7592-5 Dear Mayor DeWeerd & Council Members, This law firm represents Cameron Investments L.C. ("Cameron"), the property owner of the above referenced application at the corner of Eagle and Overland Roads (the "Project'). As you know, the Meridian Planning and Zoning Commission (the "P&Z") recommended approval of the Project, which action we support and appreciate. Cameron is willing to accept all of the conditions of approval imposed except for Section 10.a. Lk. which requires Cameron to place half of the cost of a possible future bridge spanning Eight Mile Creek into the ACHD road trust. A bridge spanning 80 feet would cost approximately one million dollars. This amounts to a cost to the Project of $500,000. Section 10.a. Lk. must be removed because it is unnecessary and makes the Project uneconomical. Let me explain. As set forth in the map attached as Exhibit "A", the Project encompasses only 4,77 acres surrounded by approximately 80 acres of undeveloped land. The floodway for Eight Mile Creek constrains access from the Project to the east. Rackham Way, a public road, runs through the property parallel to Eagle Road, including a crossing of Eight Mile Creek. Rackham Way thus provides access to Cameron's property as well as the properties to the north. Rackham Way currently intersects Overland Road only 195 feet from the Eagle intersection, a distance well below ACRD standards. To address this shortcoming, Cameron has agreed to ACHD's condition to relocate Rackham Way, at its sole cost and expense including necessary right-of-way Mayor Tammy DeWeerd & Meridian City Council August 28, 2008 Page 2 to intersect with Overland Road at a location that meets ACHD standards for a full -access intersection, along with a right -in only driveway at the current location of Rackham Way. ACHD reserved the right to restrict access to Rackham Way in the event the property to the east provides access to the stoplight opposite Silverstone Way, and in the event of a substantial health and safety concern. In any case, ACHD agreed to preserve a left -in access or mountable curb to preserve left -in fire access at Rackham Way. Cameron was required to provide a stub street to the property to the east. ACHD approved this access configuration, which is acceptable to Cameron, notwithstanding the fact that Cameron is required to dedicate right-of-way and construct roadway at the northern end of the property that improves access for other properties but does not serve Cameron's project. Cameron had several meetings with the Meridian Fire Department (the "Fire Department") and city staff prior to the P&Z hearing, and believed it had worked out an acceptable access scheme. However, Cameron was surprised to learn immediately prior to the P&Z hearing that the Fire Department was not satisfied. Apparently, the Fire Department wants an additional access to this property at the stoplight at Silverstone Way. Since Cameron does not own the property adjacent to Silverstone Way, and no development is proposed for that property at this time, an access cannot be provided at this time. In addition, Cameron has already agreed to fulfill the standard condition for future access, in that (1) Rackham Way currently extends from Cameron's northern property boundary to properties to the north and (2) Cameron has agreed to construct a stub street to its eastern property boundary. Nonetheless, the Fire Department requested the inclusion of Section 10.a. l.k.to require Cameron to pay for one-half of the construction of a bridge across Eight Mile Creek to the east to be completed at the time that property develops. For several reasons, Section 10.a.1.k.is unnecessary and unreasonable. First, let me set the stage by explaining the basis of the Fire Department's comments and the City's authority, which is the International Fire Code of 2006 (the "2006 IFC"). The 2006 IFC requires only one "Fire Apparatus Access Road" to a project of the size that Cameron proposes. 2006 IFC § 503.1.1 & Appendix D, § D102.1. Usually, multiple access roads points are required for commercial projects only in significantly larger projects (2006 IFC Appendix D, § D104.2 (projects over 62,000 square feet or 124,000 square feet if sprinklers are provided). This project is planned for approximately 30,000 square feet and even if its size increases it would not approach the two -access threshold. Arguably, Cameron already provides two access roads as defined in the 2006 IFC in Rackham Way and right -in driveway off of Overland. Nonetheless, the Fire Department apparently seeks yet another access pursuant to Section 503.1.2 of the 2006 IFC, which states: The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 2006 IFC, § 503.1.2 (emphasis added). Mayor Tammy DeWeerd & Meridian City Council August 28, 2008 Page 3 In this case, the Fire Department is concerned about the potential for congestion on Overland Road in the areas of the driveway and the Rackham Way intersection. We agree the Overland traffic is a legitimate concern, although we struggle to understand how, with two access points from Overland, access is limited to a "single road."' Setting the technical point aside, we acknowledge it is important that all the properties in the area of this corner have access to the light at Silverstone Way when the area is fully developed. However, an additional access is not possible today because the surrounding properties have not proposed to develop. Normally under these circumstances, Cameron would be required only to stub to the neighboring property boundaries, which it has agreed to do. The Fire Department asks Cameron to agree to the additional burden of paying for half a bridge on another's property that may or may not ever be built. We believe the Fire Department's request is disproportionate, unduly burdensome, unnecessary and unworkable. Let me explain why. First, Cameron has already offered to do its proportionate share to provide connectivity. Cameron (1) has agreed to realign Rackham Way at a cost of over $100,0002' benefiting the properties to the north (and potentially the property to the east) by creating an ACHD-compliant access to which those properties can connect, and (2) will provide cross -access and a stub street to the east, to provide connectivity in the event the eastern property requires that access. Given that Cameron's property comprises only slightly more than five percent of the total undeveloped acreage on this corner, we believe Cameron has done its proportionate share. If any additional contribution is required, it should be proportionate to Cameron's impact on the road system in the area (i.e. in the range of five percent). Second, this is a relatively small part of the property that would be served by the ultimate bridge crossing and there are already significant constraints on its development, including the relocation of Rackham Way. At $500,000 this would add $100,000 per acre to the cost which makes this development uneconomical and is a very unfair transfer of this huge financial burden to this property from the much larger neighboring properties that will benefit the most from the connectivity to be provided by the potential future bridge. In addition, a bridge to the east may be completely unnecessary. As shown in Exhibit "B", the connection to Silverstone Way will most likely be provided by crossing Five Mile Creek rather than Eight Mile Creek. After crossing Five Mile Creek from Silverstone Way, the road will travel west to connect to the existing Rackham Way to the north of Five Mile Creek. This configuration likely will provide adequate access both for the northern properties and for the 1 Note that under the 2006 IFC, drive aisles, such as provided from the right -in driveway, are considered to be roads. 2006 TFC § 502.1 (definition of "Fire Apparatus Access Road" includes a "fire lane, public street, parking lot lane and access roadway"). 2 This cost does not include the useable land lost because the portion of the right-of-way for the current alignment of Rackham Way that will be vacated cannot be used for structures because a fiber-optic line is buried there. Mayor Tammy DeWeerd & Meridian City Council August 28, 2008 Page 4 eastern property without building another bridge across Eight Mile Creek. We see no benefit to committing funds to a bridge to cross Eight Mile Creek that likely will never be built. Finally, Section I O.a.1.k. simply does not work as a practical matter. Funds deposited in ACHD's road trust account typically are for projects that are certain to be built (or the funds returned) in a limited period of time. The condition provides no deadline for when the bridge must be built, no provision for when the funds must be returned if it is not, and no provision to pay interest to Cameron if the funds are returned. In summary, Section IO.a.l.k.is unfair and unduly burdensome, it is unnecessary and it does not work. Cameron has already agreed to build road improvements that satisfy its proportionate share of the access requirements for the area. If any additional commitment is required, it should be a small percentage (no more than about five percent), reflecting Cameron's percentage of the overall undeveloped property in the area. For these reasons, we request that the City Council approve the Project, but delete Section 10.a.1.k. Sincerely, -AV-Nd- Gary G. Allen GGA:slc Enclosure cc: Sonya Watters Rick Clark Ken Pursley Pat March Tamara Thompson S:ICLIENM759215%DRA" LETTER TO MERIDIAN CITY COUNCIL - GGA.DOC EXHIBIT "A" 3------- --------- � 3 � 3 � .... .... 3 ....... .. - ......... �— -------- --•------ 3 ---- — 3�3 �r --------- � �j-•------- ---- — ---- i . 3—----- --i ------ — i s 3 i ------3 ---- � f ._... ....... _ ...... i } 9 , EXHIBIT "B" t ` h Page 1 of I Tara Green From: Tamara Thompson [thompson@landmarkdevgroup.com] Sent: Thursday, August 28, 2008 4:47 PM To: Tara Green; Sonya Watters Subject: City Council Letter - Overland Village Follow Up Flag: Follow up Flag Status: Green Attachments: Letter to Meridian City Council - GGA.PDF Fyi — I believe the attorney sent this directly to the Mayor's office. landmark Tamara L. Thompson Landmark Development Group, LLC tthomps_on@a landmarkdevroukcom 2462 East Sunshine Drive Boise, ID 83712 208.342.4516 208.342.4515 fax 8/29/2008 GIVE SLEY 1,LV LAW OFFICES 601 W. Bannock Street Gary G. Allen ry Debora X. Kristensen Kelsey J. NU110Z PO Box 2720, Boise, Idaho 83701 Peter G. Oarlon Christopher J. Beeson Anne C. Kunkel W. Hugh O'Nordan. U-M. TELEPHONE: 208 38 00 Clint R. Bolinder Jeremy G. Ladle G. Andrew Page FACSIMILE: 208 388-1300 30 Michael P. Laurence Terri R. Pickens WESSITE: mvw.givenspursley.com Erik J. Bolinder Franklin G. Lee Angela M. Reed Jeremy C. Chou David R. Lombardi Scott A. Tschirgi, LL,M. EMAIL:GaryAllen@givenspursley.com William C. Cole John M. Marshall J. will varin Michael C. Creamer Kenneth R. McClure Conley E, Ward Amber N. Dina Kelly Greene McConnell Robert B. White Kristin Siorkman Dunn Cynthia A. Melillo Thomas E. Dvorak Christopher H. Meyer RETIRED Jeffrey C. Fereday, L. Edward Miller Kenneth L. Pursley Justin M, Fredin Patrick J. Miller Raymond D. Givens Martin C. Hendrickson Judson B. Montgomery James A. McClure Steven J. Hippler Deborah E. Nelson August 28, 2008 Mayor Tammy DeWeerd & Meridian City Council City of Meridian City Hall 33 East Idaho Street Meridian, ID 83642 Re: Overland Village/AZ-08-OO1NAC-08-01 Our File: 7592-5 Dear Mayor DeWeerd & Council Members, This law firm represents Cameron Investments L.C. ("Cameron"), the property owner of the above referenced application at the corner of Eagle and Overland Roads (the "Project"). As you know, the Meridian Planning and Zoning Commission (the "P&Z") recommended approval of the Project, which action we support and appreciate. Cameron is willing to accept all of the conditions of approval imposed except for Section I O.a. Lk. which requires Cameron to place half of the cost of a possible future bridge spanning Eight Mile Creek into the ACHD road trust. A bridge spanning 80 feet would cost approximately one million dollars. This amounts to a cost to the Project of $500,000. Section I O.a.I A. must be removed because it is unnecessary and makes the Project uneconomical. Let me explain. As set forth in the map attached as Exhibit "A", the Project encompasses only 4,77 acres surrounded by approximately 80 acres of undeveloped land. The floodway for Eight Mile Creek constrains access from the Project to the east. Rackham Way, a public road, runs through the property parallel to Eagle Road, including a crossing of Eight Mile Creek. Rackham Way thus provides access to Cameron's property as well as the properties to the north. Rackham Way currently intersects Overland Road only 195 feet from the Eagle intersection, a distance well below ACHD standards. To address this shortcoming, Cameron has agreed to ACHD's condition to relocate Rackham Way, at its sole cost and expense including necessary right-of-way Mayor Tammy DeWeerd & Meridian City Council August 28, 2008 Page 2 to intersect with Overland Road at a Iocation that meets ACHD standards for a full -access intersection, along with a right -in only driveway at the current location of Rackham Way. ACHD reserved the right to restrict access to Rackham Way in the event the property to the east provides access to the stoplight opposite Silverstone Way, and in the event of a substantial health and safety concern. In any case, ACHD agreed to preserve a left -in access or mountable curb to preserve left -in fire access at Rackham Way. Cameron was required to provide a stub street to the property to the east. ACHD approved this access configuration, which is acceptable to Cameron, notwithstanding the fact that Cameron is required to dedicate right-of-way and construct roadway at the northern end of the property that improves access for other properties but does not serve Cameron's project. Cameron had several meetings with the Meridian Fire Department (the "Fire Department") and city staff prior to the P&Z hearing, and believed it had worked out an acceptable access scheme. However, Cameron was surprised to learn immediately prior to the P&Z hearing that the Fire Department was not satisfied. Apparently, the Fire Department wants an additional access to this property at the stoplight at Silverstone Way. Since Cameron does not own the property adjacent to Silverstone Way, and no development is proposed for that property at this time, an access cannot be provided at this time. In addition, Cameron has already agreed to fulfill the standard condition for future access, in that (1) Rackham Way currently extends from Cameron's northern property boundary to properties to the north and (2) Cameron has agreed to construct a stub street to its eastern property boundary. Nonetheless, the Fire Department requested the inclusion of Section I O.a. l .k.to require Cameron to pay for one-half of the construction of a bridge across Eight Mile Creek to the east to be completed at the time that property develops. For several reasons, Section 10.a.1.k.is unnecessary and unreasonable. First, let me set the stage by explaining the basis of the Fire Department's comments and the City's authority, which is the International Fire Code of 2006 (the "2006 IFC"), The 2006 IFC requires only one "Fire Apparatus Access Road" to a project of the size that Cameron proposes. 2006 IFC § 503.1.1 & Appendix D, § D 102.1. Usually, multiple access roads points are required for commercial projects only in significantly larger projects (2006 IFC Appendix D, § D104.2 (projects over 62,000 square feet or 124,000 square feet if sprinklers are provided). This project is planned for approximately 30,000 square feet and even if its size increases it would not approach the two -access threshold. Arguably, Cameron already provides two access roads as defined in the 2006 IFC in Rackham Way and right -in driveway off of Overland. Nonetheless, the Fire Department apparently seeks yet another access pursuant to Section 503.1.2 of the 2006 IFC, which states: The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 2006 IFC, § 503.1.2 (emphasis added). Mayor Tammy DeWeerd & Meridian City Council August 28, 2008 Page 3 In this case, the Fire Department is concerned about the potential for congestion on Overland Road in the areas of the driveway and the Rackham Way intersection. We agree the Overland traffic is a legitimate concern, although we struggle to understand how, with two access points from Overland, access is limited to a "single road."' Setting the technical point aside, we acknowledge it is important that all the properties in the area of this corner have access to the light at Silverstone Way when the area is fully developed. However, an additional access is not possible today because the surrounding properties have not proposed to develop. Normally under these circumstances, Cameron would be required only to stub to the neighboring property boundaries, which it has agreed to do. The Fire Department asks Cameron to agree to the additional burden of paying for half a bridge on another's property that may or may not ever be built. We believe the Fire Department's request is disproportionate, unduly burdensome, unnecessary and unworkable. Let me explain why. First, Cameron has already offered to do its proportionate share to provide connectivity. Cameron (1) has agreed to realign Rackham Way at a cost of over $100,0002, benefiting the properties to the north (and potentially the property to the east) by creating an ACHD-compliant access to which those properties can connect, and (2) will provide cross -access and a stub street to the east, to provide connectivity in the event the eastern property requires that access. Given that Cameron's property comprises only slightly more than five percent of the total undeveloped acreage on this corner, we believe Cameron has done its proportionate share. If any additional contribution is required, it should be proportionate to Cameron's impact on the road system in the area (i.e. in the range of five percent). Second, this is a relatively small part of the property that would be served by the ultimate bridge crossing and there are already significant constraints on its development, including the relocation of Rackham Way. At $500,000 this would add $100,000 per acre to the cost which makes this development uneconomical and is a very unfair transfer of this huge financial burden to this property from the much larger neighboring properties that will benefit the most from the connectivity to be provided by the potential future bridge. In addition, a bridge to the east may be completely unnecessary. As shown in Exhibit "B", the connection to Silverstone Way will most likely be provided by crossing Five Mile Creek rather than Eight Mile Creek. After crossing Five Mile Creek from Silverstone Way, the road will travel west to connect to the existing Rackham Way to the north of Five Mile Creek. This configuration likely will provide adequate access both for the northern properties and for the l Note that under the 2006 1FC, drive aisles, such as provided from the right -in driveway, are considered to be roads. 2006 IFC § 502.1 (definition of "Fire Apparatus Access Road" includes a "fire lane, public street, parking lot lane and access roadway"). 2 This cost does not include the useable land lost because the portion of the right-of-way for the current alignment of Rackham Way that will be vacated cannot be used for structures because a fiber-optic line is buried there. Mayor Tammy DeWeerd & Meridian City Council August 28, 2008 Page 4 eastern property without building another bridge across Eight Mile Creek. We see no benefit to committing funds to a bridge to cross Eight Mile Creek that likely will never be built. Finally, Section 10.a. Lk. simply does not work as a practical matter. Funds deposited in ACHD's road trust account typically are for projects that are certain to be built (or the funds returned) in a limited period of time. The condition provides no deadline for when the bridge must be built, no provision for when the funds must be returned if it is not, and no provision to pay interest to Cameron if the funds are returned. In summary, Section 10.a.1.k.is unfair and unduly burdensome, it is unnecessary and it does not work. Cameron has already agreed to build road improvements that satisfy its proportionate share of the access requirements for the area. If any additional commitment is required, it should be a small percentage (no more than about five percent), reflecting Cameron's percentage of the overall undeveloped property in the area. For these reasons, we request that the City Council approve the Project, but delete Section 10.a.1.k. Sincerely, Gary G. 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