PZ - Off site and ROW dedication
Charlene Way
From:Sonya Allen
Sent:Friday, October 22, 2021 9:43 AM
To:Adrienne Weatherly; Charlene Way; Chris Johnson
Subject:Outer Banks - Agreement for Construction of Cobalt Dr.
Attachments:Road Construction and Cooperative Development Agreement.pdf; Re: Off-site ROW
dedication
Please include in LF. Thanks
From: Hethe Clark <hclark@clarkwardle.com>
Sent: Thursday, October 21, 2021 2:34 PM
To: JoAnn Butler <jbutler@butlerspink.com>; Sonya Allen <sallen@meridiancity.org>
Cc: Wendy Shrief <wshrief@jub.com>; Bill Nary <bnary@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>;
Erik Pilegaard <erik@elkventures.net>; Barbara Beaushaw <barb@clarkwardle.com>
Subject: RE: 10 Mile and Franklin
External Sender - Please use caution with links or attachments.
Sonya, per your request, please see attached a copy of the referenced agreement.
At this time, we are working with JoAnn and her client to give them the information they are asking for. The preliminary
designs of off-site Cobalt Drive have been provided to the relevant agencies. ACHD has indicated they have what they
need to review (see attached communication from Paige). I understand JoAnn’s client would like utility detail that we
believe is appropriate for construction drawings. We will continue that conversation. But there is no reason to delay
the hearing and we intend to go forward, particularly as this is the P&Z recommendation phase.
Hethe Clark, Partner
251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701
hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001
From: JoAnn Butler <jbutler@butlerspink.com>
Sent: Tuesday, October 19, 2021 2:40 PM
To: Hethe Clark <hclark@clarkwardle.com>; Sonya Allen <sallen@meridiancity.org>
Cc: Wendy Shrief <wshrief@jub.com>; Bill Nary <bnary@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>
Subject: RE: 10 Mile and Franklin
Sonya, Hethe is correct: Hethe’s client (10 Mile) and our client (Hotel-SLC) signed an agreement on August 27,
2021. However, that agreement requires in part:
As provided further herein, 10 Mile anticipates submitting a preliminary plat application to the City in
connection with the 10 Mile Property (the “Preliminary Plat Application”) as soon as practicable after the
Effective Date \[of this Agreement\], which Preliminary Plat Application shall include preliminary road design
plans for the Project, defined below \[i.e., design, construction and improvement of public improvements in
connection with W. Cobalt Drive extending from the existing approach on S. Ten Mile Road on, over, across,
under and through the 10 Mile Property and the Hotel-SLC Property\], and an explanation that the Project
(including, without limitation, the off-site segment) is to be reviewed by the applicable governmental
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agencies as part of the Preliminary Plat Application and, if such Preliminary Plat Application is approved by
such agencies, shall be constructed during the first phase of development of The Ten @ Meridian.
The preliminary plat application, for what is now known as Outer Banks Subdivision, was submitted without the
preliminary road designs for the off site improvements. We believe that Hethe’s client has recently engaged its
engineers to complete the design for the off site improvements for our client’s review, and submittal to the City and
ACHD for review and approval. With the off-site improvements submittal lagging behind the Preliminary Plat submittal,
the Preliminary Plat Application is not yet ready for review by the City.
We believe the hearing for Outer Banks Subdivision is tentatively scheduled for early November. We would appreciate
the City’s deferral of its review of Outer Banks Subdivision until the off-site improvements have been received, reviewed
and approved by the agencies.
Please call with any questions.
JoAnn C. Butler
Butler Spink, LLP
967 E. Parkcenter Blvd. #313
Boise, ID 83706
jbutler@butlerspink.com
www.butlerspink.com
Direct: 208-388-1093 Cell: 208-867-1082
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From: Hethe Clark <hclark@clarkwardle.com>
Sent: Monday, October 18, 2021 8:42 AM
To: Sonya Allen <sallen@meridiancity.org>
Cc: Wendy Shrief <wshrief@jub.com>; JoAnn Butler <jbutler@butlerspink.com>
Subject: 10 Mile and Franklin
Hi, Sonya. I wanted to reach out and confirm to you that we have a written agreement with the neighbor to the south
for construction of the off-site portions of Cobalt Drive. The agreement was executed on August 27.
I believe both parties would prefer to have the terms of their private agreement not be part of the public record, so I’ve
copied JoAnn Butler, who can confirm on behalf of her client that the agreement has been signed.
Happy to answer any follow-up questions. Thanks, Sonya.
T. Hethe Clark, Partner
251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701
hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001
DEVELOPMENT ATTORNEYS
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Charlene Way
From:Paige Bankhead <pbankhead@achdidaho.org>
Sent:Wednesday, October 20, 2021 3:11 PM
To:Hethe Clark
Subject:Re: Off-site ROW dedication
Hethe,
I have not reached the part where I discuss the Cobalt extension in my staff report yet. Currently, I do not
need anything further. I will reach out next week if I need additional information.
To clarify, we do not review the construction drawings in detail at this point with the staff report. Construction
plans are submitted to Kaci Bader after the ACHD staff report issued and after Meridian has approved the
application.
Thanks,
Paige Bankhead, E.I.
Assistant Traffic Engineer
Ada County Highway District
Development Services
1301 N. Orchard St. Ste. 200
Phone: (208) 387-6293
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From: Hethe Clark <hclark@clarkwardle.com>
Sent: Wednesday, October 20, 2021 10:22 AM
To: Paige Bankhead <pbankhead@achdidaho.org>
Subject: RE: Off-site ROW dedication
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links, especially from unknown senders.
Sounds good, Paige. Just to confirm – that includes all of the preliminary drawings you need to review the off-site
portion of Cobalt, correct?
Hethe Clark, Partner
251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701
hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001
From: Paige Bankhead <pbankhead@achdidaho.org>
Sent: Wednesday, October 20, 2021 10:17 AM
To: Hethe Clark <hclark@clarkwardle.com>
Subject: RE: Off-site ROW dedication
Hi Hethe,
I received your voicemail. I am out of the office, but I will continue to work on The 10 at Meridian/Outer Banks
Subdivision staff report when I return. I don’t need any additional information at the moment, I will let you know if I
need anything further.
Thanks,
Paige Bankhead, E.I.
Assistant Traffic Engineer
Ada County Highway District
Development Services
1301 N. Orchard St. Ste. 200
Phone: (208) 387-6293
From: Paige Bankhead
Sent: Thursday, August 19, 2021 10:22 AM
To: Hethe Clark <hclark@clarkwardle.com>; Kaci Bader <kbader@achdidaho.org>
Cc: JoAnn Butler <jbutler@butlerspink.com>
Subject: RE: Off-site ROW dedication
Hethe,
Please also make sure that there is an explanation included in your development application that explains the proposal
for the off-site segment of Cobalt with this development just so it is clear.
Thanks!
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Paige Bankhead, E.I.
Assistant Traffic Engineer
Ada County Highway District
Development Services
1301 N. Orchard St. Ste. 200
Phone: (208) 387-6293
From: Hethe Clark <hclark@clarkwardle.com>
Sent: Thursday, August 19, 2021 10:19 AM
To: Paige Bankhead <pbankhead@achdidaho.org>; Kaci Bader <kbader@achdidaho.org>
Cc: JoAnn Butler <jbutler@butlerspink.com>
Subject: RE: Off-site ROW dedication
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
That should work well and tie everything together.
I recently had an off-site improvement issue (not a dedication) on another project and it went down the rabbit hole of
“where’s the development application?” I didn’t want to have a repeat. This works for me. Thanks, everyone.
Hethe Clark, Partner
251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701
hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001
From: Paige Bankhead <pbankhead@achdidaho.org>
Sent: Thursday, August 19, 2021 10:17 AM
To: Hethe Clark <hclark@clarkwardle.com>; Kaci Bader <kbader@achdidaho.org>
Cc: JoAnn Butler <jbutler@butlerspink.com>
Subject: RE: Off-site ROW dedication
Hi Hethe,
In our staff report, we will also include the requirements if the off-site portion of Cobalt is proposed to be constructed.
As well as if it is not going to be constructed with this site since we technically can’t require the off-site segment to be
constructed with this development. I would assume that these would be included with this site’s construction plans if
the off-site portion is to be constructed. Kaci can confirm.
Thanks!
Paige Bankhead, E.I.
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Assistant Traffic Engineer
Ada County Highway District
Development Services
1301 N. Orchard St. Ste. 200
Phone: (208) 387-6293
From: Hethe Clark <hclark@clarkwardle.com>
Sent: Thursday, August 19, 2021 10:13 AM
To: Kaci Bader <kbader@achdidaho.org>; Paige Bankhead <pbankhead@achdidaho.org>
Cc: JoAnn Butler <jbutler@butlerspink.com>
Subject: RE: Off-site ROW dedication
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Hi, Kaci. Thanks for the quick response.
This has to do with a preliminary plat application on the southwest corner of 10 Mile and Franklin roads. Cobalt Drive is
going to be built on my client’s property and, assuming we can get to terms, continue on the property to the south,
controlled by JoAnn Butler’s clients (copied). The off-site portion is, as you would expect, not part of the development
application.
In terms of review logistics, should we plan to simply provide construction drawings of the off-site portion of the
roadway at the same time as the on-site portion? In other words, it would just be a trailer to ACHD’s review of my
client’s development application? I want to make sure there are no surprises when we show you construction drawings
for a road that isn’t part of the four corners of the development application that is going in front of Meridian.
Thanks, Kaci.
Hethe Clark, Partner
251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701
hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001
From: Kaci Bader <kbader@achdidaho.org>
Sent: Thursday, August 19, 2021 8:49 AM
To: Paige Bankhead <pbankhead@achdidaho.org>
Cc: Hethe Clark <hclark@clarkwardle.com>
Subject: RE: Off-site ROW dedication
Hi Hethe,
We would process the ROW dedication via warranty deed that ACHD staff prepares. We would need a legal
description and exhibit, name and title of signatory.
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You most likely have some follow up questions, so feel free to reach out to me.
Thanks.
Kaci Bader
Development Review Coordinator
Ada County Highway District
1301 N. Orchard St. Ste. 200
Boise, Idaho 83706
(208) 387-6184
From: Paige Bankhead <pbankhead@achdidaho.org>
Sent: Thursday, August 19, 2021 8:45 AM
To: Kaci Bader <kbader@achdidaho.org>
Cc: hclark@clarkwardle.com
Subject: Off-site ROW dedication
Hi Kaci,
Heath Clark was wondering how the off-site ROW dedication process worked, he is copied on this email. There is a
development proposed at the SWC of Ten Mile Road/Franklin Road and they have proposed to construct the MSM
collector road, Cobalt Road, along the site’s south property line and a portion will be off-site into the parcel to the south.
They are working with those property owners to construct the collector with the future development application. We
have only written a staff report for the annexation/rezone of the site at this point. Heath was wondering how the ROW
dedication process would work for the off-site portion. Can you help him?
Thanks!
Paige Bankhead, E.I.
Assistant Traffic Engineer
Ada County Highway District
Development Services
1301 N. Orchard St. Ste. 200
Phone: (208) 387-6293
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