CC - Modified MemorandumPINK EIBUTLER I
ATTORNEYS AT L A W
GEOFFREY M. WARDLE
208.388.3321
GWARDLE@SPI N KB UTL.ER.COM
February 27, 2019
Bill Parsons
Planning Supervisor, Current Planning Group
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
Sonya Allen
Associate Planner
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
RE. Development Agreement Modification
SB Matter No.: 23597.5
Dear Bill and Sonya:
To follow up on our meeting on February 25, 2019, we wanted to provide you with
additional information on the revisions to the application of our client, BVA Development,
LLC ("Applicant") for the modification to a development agreement, relating to the
approximately 52 acres located at the southeast corner of Eagle Road and Interstate 84. We
provide the following additional comments in support of the Supplemental Submittal we
made on January 31, 2019, reflecting the revised Project site plan and the revised
Development Agreement:
A. Modification to Initial Project Requests.
As we have previously proposed, this project will be anchored by Idaho Central Credit
Union, an Idaho chartered credit union ("ICCU"), which will occupy one of the 125,000
square foot buildings ("ICCU Building"), proposed on the northern portion of the Project.
As the Applicant has continued to design and market the property, it is clear that there is
immediate demand for the construction of the proposed companion to the ICCU building
located just to the east of it and also comprising 125,000 square feet ("East Building"). To
deliver both the ICCU Building and the East Building consistent with the users'
MICHAEL T. SPINK JOANN C. BUTLER T. HETHE CLARK GEOFFREY M. WARDLE TARA MARTENS MILLER
251 E FRONT ST • SUITE 200 • PO BOX 639 • BOISE. IDAHO 83701 • 208.388.1000 • FAX 208.388.1001 • SPINKBUTLER.COM
February 27, 2019
Bill Parsons
Sonya Allen
Page 2
requirements, the Applicant desires to commence construction of the buildings in the
next several months.
Reflecting the Applicant's development plan, we have modified the requests that
were set forth in our prior Supplemental Submission to reflect the simultaneous
development of both the ICCU Building and the East Building requesting that:
1. The daft of the Development Agreement we previously provided
has been revised to reflect the joint development and construction of both
the ICCU Building and the East Building and the changes set forth herein.
2. Applications for certificates of zoning compliance ("CZC") be
accepted and CZC's be issued for the simultaneous development and
construction of both the ICCU Building and the East Building independent
of any other action or requirement, upon the City Council's approval of
this application, prior to the recording of the Development Agreement.
The ICCU Building and the East Building both satisfy the dimensional and
other requirements of the UDC and the Applicant does not require them to
be initially divided for development purposes.
3. Simultaneously with the submittal and approval of the CZCs for
the ICCU Building and the East Building, the Applicant be permitted to
submit both the ICCU Building and the East Building for design review
approval.
4. Contemporaneously with the submittal and approval of design
review for both the ICCU Building and the East Building, the Applicant be
permitted to make building permit applications for both the ICCU Building
and the East Building which would be issued in the normal course and
permit the Applicant to commence construction of both, while finalizing
the plat for the Project.
B. Modification to Access and Circulation Plan
Since our supplemental submittal on January 31, 2019, we have had additional meetings
with ACHD and with the property owner to the south, Jim Kissler, regarding circulation
between the Applicant's Project and the development to the south. Based upon the
discussions with ACHD, a mini -roundabout has been proposed at the entrance to the
Project to facilitate transitioning traffic from Silverstone into the Project.
After meeting and visiting with Jim Kissler and his design team, the parties believe that a
shared private drive at or near their common boundary can provide required secondary
February 27, 2019
Bill Parsons
Sonya Allen
Page 3
emergency access as well as a connection between the two public streets, Rackham and
Silverstone. The parties have not fully engineered the proposed shared private drive,
however, both believe that initial designs and evaluations demonstrate its workability.
The development, maintenance and use of the shared private drive will be addressed
through various agreements between the parties providing for the joint development and
maintenance of the shared private drive, cross access between their properties, as well as
cross access between Rackham and Silverstone. As such, we have depicted the proposed
location of the shared private drive and its integration with the mini -roundabout is
depicted upon the modified site plans developed by both parties.
C. Modification to Proposed Site Plan
In undertaking further design efforts with the proposed owners, tenants, and users within
the Project, there have been several modifications to the Project site plan.
First, the outdoor entertainment component of the Project has been relocated to the
northeast corner of the site from the southeast corner of the site. This has occurred to
make more efficient use of the property by consolidating areas set aside already for
required project setbacks. It relocates the outdoor entertainment component away from
the existing residential properties on the south and orients it towards the Interstate.
Second, with the relocation of the outdoor entertainment component of the project, one of
the commercial buildings has been relocated on the site to the southwest and the hotel has
been shifted to the southeast corner of the site. The other office, retail, and medical uses
remain in the same location and configuration as originally proposed.
Third, with the reconfiguration of the sues on the site and the shared private drive,
additional pedestrian connections between the office buildings, outdoor entertainment
component, hospitality, retail, and medical elements of the project have been provided.
Those connections will be refined with future designs permitting the inclusion of a
perimeter sidewalk/path around the Project within the buffer to the Interstate.
Fourth, with the relocation of the outdoor entertainment component to the north, the
Applicant now proposes designating the remaining seven acres on the southeast corner of
the site for future multi -family, commercial, or office uses permitted within the C -G zone.
We have previously articulated concerns about using a development agreement after the
initial annexation and zoning of the property to impose additional requirements from the
Meridian Comprehensive Plan outside of the existing zoning requirements as a condition
of approval. However, we understand the concerns of Staff and others for the inclusion of
a multifamily component in a larger mixed use projects. We have heard the vision that
Staff has articulated and we believe that preserving this area for future uses permitted
within the C -G zone, including multi -family development as a conditional use, is
consistent with the mixed use nature of this Project and the City's desire for such use.
February 27, 2019
Bill Parsons
Sonya Allen
Page 4
Obviously, future multi -family use of this portion of the Project will require an additional
future application. We hope that if, and when, the Applicant comes forward with a
multifamily application that Staff and the City will be supportive of their stated goals of
in the Comprehensive Plan for mixed use development and the inclusion of additional
multifamily residential units as an element of this Project.
D. Modifications to the Proposed Development Agreement
In light of the foregoing requests, we have further revised the proposed form of
Development Agreement, which is transmitted herewith. We have attached both a clean
and a redlined version of that document reflecting the revisions we have made from our
initial submittal. The primary revisions are as follows:
• The recitals have been revised to address the simultaneous development and
construction of both the ICCU Building and the East Building;
* The provisions of Article 5 have been revised to conform to the simultaneous
development and construction of the ICCU Building and the East Building;
5 To expedite the finalization and recording of the Development Agreement, we
have revised Section 5.3 to incorporate the ultimate Project conditions from the
Findings as Exhibit "B";
• The revised Project site plan showing the modifications made to the various uses
and to the access elements have been incorporated as Exhibit "C.
We believe that with these revisions and with final review and agreement as to the form
of conditions of approvals to be incorporated from the Findings, we believe that the
Development Agreement can be finalized very shortly after the City Council acts upon
this.
Sili'e
f War e
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