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
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