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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 2 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 regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. -- 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