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CC - Applicant supplement letter 11.151 Charlene Way From:C.Jay Coles Sent:Wednesday, November 15, 2017 5:03 PM To:Charlene Way Subject:FW: Linder Village - File No. H-2017-0088 [IWOV-IMANAGE.FID657957] Attachments:10402497_1_November 15, letter to Mayor and City Council.pdf Please put this in the public record. From: Durann Parra [ mailto:DParra@hawleytroxell.com ] Sent: Wednesday, November 15, 2017 4:07 PM To: mayortammy < mayortammy@meridiancity.org >; citycouncil < citycouncil@meridiancity.org >; C.Jay Coles <cjcoles@meridiancity.org >; Sonya Allen < sallen@meridiancity.org >; Caleb Hood < chood@meridiancity.org >; Bill Nary <bnary@meridiancity.org >; Ted Baird < tbaird@meridiancity.org > Subject: Linder Village - File No. H-2017-0088 [IWOV-IMANAGE.FID657957] Based upon revised site plans just received and additional information following a neighborhood meeting last evening, please see attached letter from Brian L. Ballard regarding Linder Village – Applicant’s supplement letter of November 15, 2017. Thank you, DURANN PARRA Legal Administrative Assistant direct 208.388.4870 email dparra@hawleytroxell.com HAWLEY TROXELL Attorneys and Counselors FrAWLEY ATTORNEYS AND COUNSELORS TROXELL Hawley Troxell Ennis & Hawley LLP 877 Main Street, Suite 1000 P.O. Box 1617 Boise, Idaho 83701-1617 208.344.6000 BRIAN L. BALLARD ADMI riED TO PRACTICE LAW IN IDAHO MAIL: BBALLARD@HAWLEYTROXELL.COM DIRECT DIAL: 208.388.4868 DIRECT FAX: 208.954.5203 www.hawleytroxell.com November 15, 2017 VIA E-MAIL Mayor Tammy de Weerd mayortammy@meridiancity.org City Council Members citycouncil@meridiancity.org City Clerk - C. Jay Coles cjcoles@meridiancity.org Planning Staff — Sonya Allen and Caleb Hood sallen@meridiancity.org; chood@meridiancity.org City Attorneys - Bill Nary and Ted Baird bnary@meridiancity.org; tbaird@meridiancity.org 33 East Broadway Avenue Meridian, Idaho 83646 Re: Linder Village Annexation & Zoning; Preliminary Plat; Access Modification Approval/VAR (to Ordinance UDC 11-3H-4B.2 re Hwy 20/26) 1225 West Chinden Boulevard Meridian, Idaho 83642 File No. H-2017-0088 Dear Mayor de Weerd, Council Members, City Clerk, Planning Staff and City Attorneys: This letter supplements Applicant's letter of November 14, 2017, based upon specific comments and concerns of residential neighbors as discussed in follow up meetings with Applicant, the latest meeting occurring yesterday evening, as follows: 1. Distance Away: To better understand the meaningful distances between the WinCo store and the nearest Paramount resident property, included herewith is a Site Plan showing precise measurements of pertinent distances. The Site Plan also shows a sound wall, landscape buffers, the intervening Future Road, a walking path and the Arliss Avenue roundabout, which angles away to allow for additional transition and buffering. 2. Reconfiguration: The Staff Report, in the last sentence of the section entitled Conceptual Development Plan at page 5, says this: "Specifically, staff recommends the WinCo building (and/or adjacent anchor/shops) is reconfigured so that the rear (or portions) of the building faces N. Linder." The Staff Report, under Goals, Objectives & Action Items at page 8, 42795.0012.10400599.2 Mayor and City City Council November 15, 2017 Page 2 reinforces the foregoing recommendation: "As noted above, staff recommends that the WinCo store rotate so that the loading docks are oriented towards Linder Road to minimize impacts to the nearby residents." And, as a final comment, the Staff Report at page 15, says this: "If the Winco store is turned so the rear of the building and loading docks are facing Linder Road as recommended by Staff, deliveries shouldn't impact the residential neighbors." Also included herewith is a revised Concept Site Plan 7, which was specifically shown to and discussed with the residential neighbors last evening, which not only satisfies the repeated Staff requirement for the reconfiguration of the WinCo building and adjustment of the docks to face N. Linder Road, but also shows another reconfiguration of the buildings to better accommodate Staff's recommendations regarding site layout. 3. Transitional Use; Buffering: The Meridian Comprehensive Plan, at page 24 provides the following guidance: "The site plan should depict a transitional use and/or landscape buffering between commercial and existing low- or medium-density residential development." As set forth in Applicant's letter of November 14th, the transitional integration provided exceeds this guidance. 4. Connectivity: Staff, at page 16 of Exhibit B of the Staff Report, recommended that the Plans be revised to: "Include a street/driveway/pedestrian network that depicts vehicular and pedestrian connectivity between the proposed commercial development and the existing and future residential neighborhood; a street connection between N. Linder Road and the east boundary of the site for future connection to N. Fox Run Way and access to the traffic signal (this will also serve as a "break" or transition between commercial and residential areas); and extension of the existing stub streets." The Circulation Plan attached to Applicant's November 14th letter shows that this requirement has been satisfied. 5. Access; Hours of Operation: Certain matters discussed with the neighbors, other than as mentioned in the foregoing, included (i) the signalized access on Chinden and (ii) the hours of operation. (i) The reasons why ITD made its recommendation to allow Chinden signalized access are more fully set forth in Applicant's letter of November 14th, and nothing additional need be added here, other than to mention, in the spirit of full disclosure of what was openly discussed and considered in the neighborhood meetings, that the Chinden signal remains a concern of some of the neighbors. Those concerns have been addressed. Respectfully, it is Applicant's position that ITD's recommendation of approval and recognition of the plan as being effective to "maintain safety and mobility" remain persuasive as to why the Chinden 42795.0012.10400599.2 EY TFT_• ENNIS & HAWLEY LLP Mayor and City City Council November 15, 2017 Page 3 access should be allowed, especially given the modifications made in the ITD letter dated July 28, 2017. (ii) Regarding the hours of operation, the Staff Report, at page 15, says this: "The Winco store is proposed to operate 24 hours/day. The property as-is without being subdivided, currently abuts a residential use and zoning district at the south boundary of the site. When right- of-way is dedicated for a street between Linder and the east boundary of the site for extension to Fox Run, the commercial property should no longer abut residential property although deliveries at the loading docks will still likely affect adjacent residences. If the Winco store is turned so the rear of the building and loading docks are facing Linder Road as recommended by Staff deliveries shouldn't impact the residential neighbors." (Emphasis added.) As shown in the revised Concept Site Plan 7 and the distances Site Plan included, as well as the other Plans submitted by Applicant in its November 14th letter, the WinCo store has been turned in specific response to Staff's recommendation. Given the reconfiguration, the increase in distances away, and all the other transitional and buffering elements added in between, Applicant agrees with Staff's conclusion. Sincerely, cc: Client (via email) 42795.0012.10400599.2 7 EXISTING PARAMOUNT RESIDENT w. til.vu. inurralifir GI TmffrrrL E2 c_f 11 MIL 1 1111111 0 1 11111 :10111111 1101,11*-0 0111 11111011'1111'0111111'10 I!,111111 D= P NT rrarrrrii 1fuunl o 0-H'IN+0+1+0Alt1+0 01+1-111:10 1 1111 1 ,1011111 1110 01111101111101111:111 0111:10 numunaiu ANgIOR U11'111111 Ir? 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