CC - Applicant Supplemental Letter 1.8.18HT
HAWLEY
RoxELi
BRIAN L. BALLARD
ADMITTED TO PRACTICE LAW IN IDAHO
MAIL: BBALLARD@HAWLEYTROXELL.COM
DIRECT DIAL: 208.388.4868
DIRECT FAX: 208.954.5203
www.hawleytroxefl.com
January 8, 2018
VIA E-MAIL
ATTORNEYS AND COUNSELORS
Hawley Troxell Ennis & Hawley LLP
877 Main Street, Suite 1000
P.O. Box 1617
Boise, Idaho 83701-1617
208.344.6000
Mayor Tammy de Weerd mayortammynu meridiancity.org
City Council Members citycouncil@meridiancity.rg
City Clerk - C. Jay Coles cicoles(Emeridiancity.org
Planning Staff— Sonya Allen and Caleb Hood sallen(a)Meridiancitv.ore; chood@meridiancitv.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 11-31-1-413.2 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 is an additional supplementation of the Application made by Lynx Investments, LP, CCPD
Inc., and DMG Real Estate Partners, LLC ("Applicant'), in response to questions asked of
Applicant by the Council during the developer rebuttal stage of the public hearing held on
November 21, 2017.
During the question and answer period, comments were made by the Council regarding the need
for more time to be given to Staff to allow Staff to complete its analysis of the proposed
development based upon changes made by Applicant in response to overall feedback from the
neighbors and from reviewing agencies, including as set forth in a letter submitted by ACHD the
day before, on November 20, 2017.
Staff's initial Staff Report, dated October 19, 2017, was completed with Staff recommendation
of approval of the proposed AZ and PP applications, subject to conditions set forth in attached
Exhibit B (Agency and Department Comments), with a note in Exhibit B that ACHD had not yet
42785.0012.10528148.1
Mayor and City City Council
January 8, 2018
Page 2
submitted its staff report. ACHD had previously communicated to Staff that it would not
comment until after ACHD had seen how the Application progressed with the City of Meridian.
Perhaps an unusual position for ACHD to take, but nonetheless the position that it did take, and
one that did not prevent Staff from issuing its initial Staff Report and its recommendations,
issuing its Memorandum dated November 16, 2017, and issuing its update to the Staff Report
submitted just prior to the hearing on November 21't
To paraphrase what the minutes of the November 21" hearing say, a continuance was discussed
based upon the fact that Staff had simply not had enough time to do a full analysis of the changes
made in response to all the feedback and that setting the continuation out for a couple of weeks
would not only allow Staff time to do its detailed work, but also would give ACHD time to
maybe respond to some of the questions raised and maybe give a better indication of what
ACHD might be requiring.
Although a shorter time was initially discussed, upon Staff's recommendation that the hearing be
set further out so that Staff had more time to respond, the Council ultimately continued the
matter until January 16, 2018. Discussion was had that ACHD was already setting hearings for
February, with the implication being that completed comments from ACHD would not then be
available. However, a finalized report from ACHD was not required by the Council for the
continued hearing.
Accordingly, Applicant has made changes based upon the feedback and Applicant has
specifically followed up with ITD and ACHD, including holding a combined meeting with ITD,
ACHD, and City Staff. As will be more fully detailed by Applicant at the January 16th hearing,
all of the items listed in ACHD's November 201h letter have been addressed, with a single
difference of opinion held by ACHD regarding the Bergman signal.
It is the position of Applicant that the purpose of the continuance was to allow for Applicant to
fully respond to pending questions asked of Applicant by Council, to allow Applicant to reflect
again upon feedback and make further revisions to the Linder Village development plans as
determined appropriate, and to follow up with ACHD to get more information and questions
answered. A final report from ACHD was not required.
It is also the position of Applicant that the pending questions of Council have been answered,
follow up with ITD and ACHD has occurred, and positive changes in response to feedback have
been made, so that the Council may move forward with its consideration of the Application and
approve the same.
Following below is a chart setting forth specific areas of feedback and Applicant's specific
solutions, responses and actions taken, specifically addressing the comments and concerns raised
through the public testimony process and the questions asked by Council. For your convenience
in review, included herewith are (i) an Aerial Image of the site as it exits now, (ii) Concept Plan
42795.0012.10528148.1
Mayor and City City Council
January 8, 2018
Page 3
8 superimposed over the aerial of the site, (iii) a colorized Concept Site Plan, and (iv) a
Preliminary Parcel Map.
42795.0012.10528148.1
SOLUTIONS, RESPONSES
FEEDBACK
AND ACTIONS TAKEN
Lack of detail on (i) pedestrian
Concept Site Plan has been revised to show increased
and vehicular interconnectivity
interconnectivity and walkability. The Circulation Plan,
with the adjacent residential
submitted separately from this letter, shows all
neighborhoods and (ii) walkability
interconnectivity points and provides greater detail as
of the site.
regards increased walkability throughout Linder Village.
Large size of the box buildings
Most notably, WinCo has been moved further north and
and arrangement on the site in
further west, with the loading area facing away from
proximity to adjacent residential
residential properties and oriented towards Linder Road.
properties.
Proximity with any adjacent residential properties is
mitigated by increased distances, the insertion of
residential units in between, and the interspersion of
increased transition buffering, including smaller shops
and Live/Work uses. The other buildings have differing
front building lines, with in -front and surrounding plaza
areas and many of the buildings are separated by plaza
areas and pedestrian walk ways.
Access via Chinden and future
ITD, with exclusive jurisdiction of Chinden, a state
signal at Chinden /Bergman.
highway, including as regards signalized and other
access thereto, has continued to recommend the signal at
Chinden/Bergman as maintaining safety and mobility
and as being properly proposed and located, subject to
signal warrants and other ITD future conditions imposed.
Further, the much needed widening of and other
improvements to Chinden, assisted under a STARS
agreement with ITD, will be pursued to completion as
soon as practicable.
Lack of transition and buffering
The Concept Site Plan has been substantively modified
from existing residences to
to insert extensive transitioning and buffering, and lesser
proposed commercial
intense uses (e.g., Live/Work, smaller shops) are now
development (i.e. lesser intense
located adjacent to future residential uses which, in turn,
uses should be adjacent to
are adjacent to existing residential uses. Higher intense
residential uses and transition
uses (e.g., fuel station, restaurants, fast food, etc.) are
outward to higher intense
located farthest away from residential and closer to
42795.0012.10528148.1
Mayor and City City Council
January 8, 2018
Page 4
commercial uses).
Chinden. The interspersing of smaller shops, the "main
street" design, the plaza areas and the park areas
compliment and fill out the transitioning and buffering.
"Strip mall" configuration of
Redesign has eliminated the "strip mall" configuration.
buildings and massive parking
Parking fields are interspersed with a centralized "main
lots.
street" design, and plaza, park and common areas. "L"
shape design has been utilized. Smaller interspersed
shop spaces are provided. All the changes combine to
mitigate the feel of "massive" parking lots.
Winco loading docks and trash
Loading docks and dumpsters orient towards Linder, as
dumpsters oriented towards
requested by Staff, and face away from the residential
residential neighborhood;
neighborhood. The WinCo store has been moved farther
associated noise and light impacts
north and farther west. Live/Work pads, shops, Future
on neighbors from proposed hours
Residential, walking paths, park areas, landscape buffers
of operation.
buffer and transition in between. The negative impact of
proposed hours of operation has been mitigated, with
intervening lots and roadway separating the proposed use
from existing residential.
Inadequacy of proposed buffer (6'
Buffering increased with higher walls and additional
wall & trees) between the rear of
landscaping, with walking path and street in between.
the Winco building and adjacent
Distance between the nearest point of the WinCo
residents.
building and adjacent residents has increased to
approximately 350 feet, with existing residential
extensively buffered by intervening residential, small
office/shop pad, Live/Work units, distance, landscaping,
a street, walking paths, and park areas. As further set
forth below, the distance between the Winco rear loading
dock area and the nearest existing residential use has
been increased even greater to approximately 600 feet.
Traffic impact on adjacent streets
Road system specifically re -designed to limit "cut-
(i.e. Linder Rd. and SH 20-
through" traffic, while at the same time providing
26/Chinden) and within adjacent
strategically selected interconnectivity. The elimination
neighborhoods generated from the
of cut -through and direct, straight line access not only
proposed uses and safety of
mitigates safety concerns, but also recognizes ACHD's
elementary school children
and Staff's expressed desire for interconnectivity.
walking to/from school.
42795.0012.10528148.1
Mayor and City City Council
January 8, 2018
Page 5
Need more detailed conceptual A much more detailed conceptual development plan has
development plan for the area been provided,
proposed to be annexed.
Site should be redesigned to be Revised conceptual development plan now closely
more consistent with the matches up with conceptual MU -C plan (Figure 3-3 in
Comprehensive Plan in regard to the Comprehensive Plan, pg. 27) and is consistent with
land use (smaller neighborhood the Comprehensive Plan,
friendly uses/services) and
design/layout of the site. Rather that just a "flip", which would have some high
intense uses (fuel station, fast food, restaurant/bar, car
Design of the site plan should be wash, etc.) adjacent to residential and would block the
"flipped" with larger more intense view of smaller business from Chinden and Linder, the
commercial uses located adjacent site has been redesigned to locate these high intense uses
to the state highway and arterial in higher visibility areas next to Chinden Blvd, and/or N.
street (i.e. Linder Rd.) with less Linder Road and away from the neighborhood to the
intense neighborhood friendly south. Other uses have been spaced and reconfigured
uses located near the single-family per the MU -C plan (Figure 3-3). The WinCo building
residential uses — not consistent itself has been moved as far north and as far west as
with MU -C designation, practicable, to turn the loading docks and the rear of the
building towards Linder.
Most significantly, the distance between The WinCo
loading docks and the nearest Paramount residence has
been increased to approximately 600 feet (2 football
fields). Further, there is substantially more transition and
buffering between Linder Village and the existing
residential, and readily accessible small and more
neighborhood friendly uses are now located adjacent or
near to the residential uses.
The Live/Work units at the
Live/Work units have been relocated as requested with
northwest comer of the site
the added benefit of providing more transition buffering
adjacent to Chinden should be
between Linder Village and the residential properties at
relocated to be adjacent to
the south boundary.
residential properties at the south
boundary.
No pedestrian or vehicular Site has been re -designed so that there now is more
connectivity with adjacent pedestrian and vehicular connectivity with adjacent
residential neighborhood and no residential area. Potential street connections between
plan for a street connection
42785.0012.10528148.1
Mayor and City City Council
January 8, 2018
Page 6
between Linder and east boundary
for future connection to N. Fox
Run Way.
Linder and the east boundary are now shown.
Public and Quasi Public
Increased. Parks, plazas, outdoor gathering areas, open
uses/spaces,
space, fire station easement, bus stop, etc., exceed all
minimums required.
Street connection between Linder
A street connection between N. Linder Road and east
Road and east boundary of site for
boundary is shown for future connection. The ITD letter
future connection to Fox Run Way
dated July 28, 2017, recommending access to Chinden,
and access to the traffic signal,
clearly contemplates what will happen if access to N,
Fox Run Way is ever granted by the owner of the
property to the east, which may be pursued by ACHD
but has not yet been obtained.
East -west access road to the
Applicant has shown a new collector street per ACHD
existing signal at Fox Run Way.
standards as requested by City Staff that allows vehicular
connectivity from N. Linder Road through the Future
Residential Development areas including stub street
connections from existing residential areas which also
provides a potential future connection to Fox Run Way if
allowed by the adjacent property owner in the future.
Applicant respectfully continues with its request that City Council (i) approve the proposed
Annexation -Zoning (AZ) Application; (ii) approve the Preliminary Plat (PP) Application; and
(iii) grant the Variance (VAR).
Sincerely,
cc: Client (via email)
ENNIS & HAWLEY LLP
42796.0012.10628148.1
/� _ SEC LINDER AND CHINDEN _
CD - MERIDIAN, IDAHO R .-,una,u PRELIMINARY
e�. /MyV� F eECSHEA
NOW an wosmm.easE.m erm a :.^..:' CONSTRUCTION
Pmluusssr.�xPmluiiaaa w.S"
Mneerdipmn � :.� ��e mow.
N. LINDER RD.- —
Iuu
R
Md8 C
4 y9
5f56f645§_55§§5§SSSS! D
�a 9 OP
�F{SExef{§Fi6ieFiiF"e 6F�
�=PI]CSH^i
Livder VTHWBEC CHINDAN BOULEVARD ANCINDER ROAD MEIDIAN, ID'O
aA`; m:
ruixaeMxn
,WO
wiwu:w w.
F�ad�_
:gra
croxxxesmumM
ovx