CC - Short Plat Legal Opinion Email
Charlene Way
From:Alan Tiefenbach
Sent:Wednesday, October 20, 2021 10:34 AM
To:Adrienne Weatherly; Charlene Way; Chris Johnson
Subject:Intermountain Wood Projects Short Plat LEGAL OPINION
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
From: Alan Tiefenbach
Sent: Wednesday, October 20, 2021 10:33 AM
To: 'kent brown' <kentlkb@gmail.com>
Cc: Bill Parsons <bparsons@meridiancity.org>; Kurt Starman <kstarman@meridiancity.org>
Subject: FW: Intermountain Wood Projects Short Plat LEGAL OPINION
Hi Kent,
I discussed with legal.
In theory, your idea might work if you eliminated the “covered loading area,” deeded the planting strip back to the HOA
to remedy the improper subdivision, and obtained an access easement from the HOA in lieu of fee simple. With that
said, however, we believe that is poor planning. There is no reason to retain the planting strip if the City agrees to a DA
modification and annexation. The reality is that the planting strip is going away and the area in question is an integral
part of your overall project. Thus, it makes sense to process a short plat and clean-up the situation. Because you are
requesting a DA modification and annexation (both discretionary actions), we believe it reasonable for the City to
require a short plat in order to develop the property in a logical manner.
If you are really being quoted $20-$30k as you mentioned for a short plat, I recommend you find a different surveyor
because that is absolutely outrageous since it’s already been platted and they can use the previous plats to ascertain the
bearings and legal descriptions.
The applicant does have the ability to request this condition be removed by the Council, but a short plat is staff’s
recommendation.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
1
thank you
Kent
On Tue, Oct 19, 2021 at 8:14 AM Alan Tiefenbach <atiefenbach@meridiancity.org> wrote:
I haven’t forgotten about your question. I have been out the last four days. I’m going to start the dialogue with Legal
today.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
From: kent brown <kentlkb@gmail.com>
Sent: Monday, October 11, 2021 12:36 PM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>; Brad Banks <brbanks@intermountainwood.com>
Cc: Bill Parsons <bparsons@meridiancity.org>
Subject: Re: Intermountain Wood Projects Short Plat
External Sender - Please use caution with links or attachments.
But we are not building on it. We can not build on it because it has public utilities and irrigation easement and there is
nothing on the existing plat that calls it out as a landscape buffer. The landscape buffer is a DA requirement which I
new DA handles . Even then the DA states it is to buffer residential uses and when this becomes industrial the DA would
not require a buffer anyway.
My issue there is no added value to my client to own this strip of land. So if he has a cross access over it and the HOA
agrees to allow him the do that. Why is the city requiring a short plat if there are no illegal land issues.
If we had originally come to the city with agreement from the Stonebridge Owners Association to access the property
to the east and the Owners Association agreed to lets us take down the trees once approved by the city you would be
fine with let's us do that. So if we can go back to that state with Stonebridge and we have an agreement from
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Stonebridge to do what we are proposing in that agreement. Why is my client spent 20 to 30 thousand dollars to do a
short plat.
Kent
On Mon, Oct 11, 2021 at 12:15 PM Alan Tiefenbach <atiefenbach@meridiancity.org> wrote:
Even with building over the lot lines, which you can legally do but not preferred by building, the common lot is an
issue. This is an unbuildable lot which is for the purpose of a landscape buffer. We cannot change that lot to a
buildable lot without some type of replat. Unfortunately, there is not an easy way to do this.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
From: kent brown <kentlkb@gmail.com>
Sent: Monday, October 11, 2021 12:13 PM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>
Subject: Re: Intermountain Wood Projects Short Plat
External Sender - Please use caution with links or attachments.
thank you
On Mon, Oct 11, 2021 at 12:10 PM Alan Tiefenbach <atiefenbach@meridiancity.org> wrote:
Let me discuss
3
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
From: kent brown <kentlkb@gmail.com>
Sent: Monday, October 11, 2021 12:08 PM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>
Cc: Bill Parsons <bparsons@meridiancity.org>
Subject: Re: Intermountain Wood Projects Short Plat
External Sender - Please use caution with links or attachments.
Alan in the light industrial zone you can build over a lot line.
Kent
On Mon, Oct 11, 2021 at 11:46 AM Alan Tiefenbach <atiefenbach@meridiancity.org> wrote:
You are still going to have the issue of having the building over the internal lot line.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
4
Built for Business, Designed for Living
From: kent brown <kentlkb@gmail.com>
Sent: Monday, October 11, 2021 11:45 AM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>
Cc: Bill Parsons <bparsons@meridiancity.org>
Subject: Re: Intermountain Wood Projects Short Plat
External Sender - Please use caution with links or attachments.
Alan and Bill what if we just quick claim the property back to the HOA and just have a easement over it. Can we drop
the SHORT PLAT?
Kent
On Fri, Oct 8, 2021 at 3:29 PM Alan Tiefenbach <atiefenbach@meridiancity.org> wrote:
Unfortunately, no. I’m not sure where you got that exhibit, but I’ve attached the recorded Plats for Filing 1 and
Filing 2. The parcel extends much more than that. Filing One shows the actual alignment. The parcel is being
merged into the annexed parcels, but then it is two more pieces. One to the north of the annexed lots, one to the
south of the annexed lots.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
From: kent brown <kentlkb@gmail.com>
Sent: Friday, October 8, 2021 2:32 PM
To: Alan Tiefenbach <atiefenbach@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>
Subject: Re: Intermountain Wood Projects Short Plat
5
External Sender - Please use caution with links or attachments.
yes sorry
On Fri, Oct 8, 2021 at 2:29 PM kent brown <kentlkb@gmail.com> wrote:
Alan is the highlighted area the area I need to include in the plat ?
On Fri, Oct 8, 2021 at 12:15 PM Alan Tiefenbach <atiefenbach@meridiancity.org> wrote:
Kent, I discussed this with Bill.
What I told you was correct. The short plat needs to merge the landscape strip into the lots. Because the
warehouse will be overlying the lots to be annexed, you can’t straddle the lot line anyway and will have to merge
those together. We recommend the landscape strip be merged into 255 and 335 S. Locust Grove. I do not see
any benefit to keeping it separate.
The lot configuration also changed the boundary for the landscape lot to the north and south. You mentioned it
did not go south beyond the Intermountain Lots, but I’m looking at the GIS and it does extend to the south west
of 385 S. Locust Grove.
The short plat needs to show the new configuration for the landscape parcel all the way to the southern
boundary at 385 S. Locust Grove, and all the way north to where it ends east of Parcel R5652600900 (adjacent to
and south of E. Franklin). It also needs to merge the landscape parcel into 255 and 335 S. Locust Grove and
merge those two lots together. The annexed area and the landscape lot should all be one lot.
Also, the Stonebridge Owners Association is the owner of the landscape lot. They need to be party to this
agreement and must have a signature block on the plat for their authorized representative to sign.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
6
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
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--
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
P: 208-871-6842
--
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
P: 208-871-6842
7
--
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
P: 208-871-6842
--
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
P: 208-871-6842
--
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
8
Meridian, ID 83642
P: 208-871-6842
--
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
P: 208-871-6842
--
Kent Brown
Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, ID 83642
P: 208-871-6842
9