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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! 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