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CC - Terminus of E. Lockhart Street information Charlene Way From:Alan Tiefenbach Sent:Tuesday, March 15, 2022 8:08 AM To:Adrienne Weatherly; Charlene Way; Chris Johnson Subject:Friendship Subdivision Attachments:Terminus of E Lockhart Street.jpg Please put in the public record for Friendship Subdivision, H-2021-0083 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: Kurt Starman Sent: Monday, March 14, 2022 4:49 PM To: Alan Tiefenbach <atiefenbach@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Emily Kane <ekane@meridiancity.org>; Michelle Albertson <malbertson@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Adrienne Weatherly <aweatherly@meridiancity.org> Subject: Friendship Subdivision Hello Alan, The attached photograph shows the terminus of E. Lockhart Street. It appears as if E. Lockhart Street is adjacent to the proposed Friendship Subdivision. Thus, a notice is required at this location per UDC section 11-5A-6(D). Due to the fence, it may be necessary to (1) place the sign in the right-of-way or (2) develop an alternative strategy. The UDC contemplates that possibility: “If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if consent of the owner of the right-of-way can be obtained. In circumstances where placing signs per the standards listed herein is not practical the director may identify an alternative sign placement strategy.” In any event, it appears as if the applicant did not comply with UDC section 11-5A-6(D), which creates a due process concern. If Planning concurs, Legal recommends that the public hearing on March 15, 2022, be continued so that the posting defect can be cured. Planning will need to coordinate with the City Clerk’s Office, of course, on a new hearing date. Let me know if you any questions or concerns. Happy to discuss! Kurt Kurt Starman | Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 898-5506 1 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. From: Alan Tiefenbach Sent: Monday, March 14, 2022 3:22 PM To: Mike Homan <mhlanddevelopment@yahoo.com>; Joseph Canning <jdcanning@centengr.com> Cc: Bill Parsons <bparsons@meridiancity.org>; Kurt Starman <kstarman@meridiancity.org> Subject: RE: Friendship Subdivision Mike, I need to wait to hear what action the City Attorney thinks we should take. The affidavit you signed states you posted the site in accordance with UDC 11-5A-6. That lists the requirements of where the sign should be, how big, and where it should go. I do try to check the posting maps to make sure the applicant posted everywhere they were supposed to. I apologize I did not catch 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: Mike Homan <mhlanddevelopment@yahoo.com> Sent: Monday, March 14, 2022 2:53 PM To: Joseph Canning <jdcanning@centengr.com>; Alan Tiefenbach <atiefenbach@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Kurt Starman <kstarman@meridiancity.org> Subject: Re: Friendship Subdivision External Sender - Please use caution with links or attachments. Alan, We sent you both times where each sign was posted for each meeting. For the Lockhart street there was no point to put a sign on our property at that location as it would not be seen because there a 6 foot solid vinyl fence so we did not put one there. So we did the other 2 streets that were open with good visibility. If there was an issue at that time we should have been told before the 1st meeting in 2021. Mike 2 On Monday, March 14, 2022, 01:36:29 PM MDT, Alan Tiefenbach <atiefenbach@meridiancity.org> wrote: Mike, we have an issue, A neighbor called me in regard to why he wasn’t notified about this project. I informed him that he was not within the 500 foot mailing radius. He later called me and told me a sign had not been posted along E. Lockart St. I looked at your sign posting map and confirmed this is the case. Even though N. Elk Ranch Lane intersects E. Lockhart St along the western perimeter, it is a private road on the subject property, not a right of way. I am in discussions with the City Attorney regarding what needs to happen. I will let you know as soon as I find out, but be prepared that likely your case will not be approved by Council tomorrow night. At the least, I am thinking it will need to be continued tomorrow night for proper posting, and then public testimony will need to be opened up again at a later date. I am out of the office today. I will be checking email. 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 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. 3 t`