PZ - Applicant response to staff report 6-20-2019 Page 1
June 20, 2019
City of Meridian
Planning and Zoning Department
33 W. Broadway Ave.
Meridian, ID 83642
Re: Response to Silver Springs Subdivision Staff Report (H-2019-0058)
To Whom It May Concern:
We reviewed the City of Meridian’s staff report for the Silver Springs Subdivision, which is
referenced as H-2019-0058. Unfortunately, we do not agree with all the conditions of
approval as written. The following is our response to the outstanding issues or concerns,
referenced by the conditions of approval number in the staff report:
A.1.b: Allow the existing landscape contractor’s business reasonable time to sell its existing
inventory based on the following reasons:
• Requiring the existing landscape business to cease operating in 6 months will be a
burden and hardship.
• The business has an approved Conditional Use Permit with Ada County that was
recently extended 5 more years and is currently valid until June 2024.
• The business operates as a tree farm, does not bring in more trees for inventory/sale,
but needs adequate time to sell off its existing inventory of over 1,000 trees.
• Since most of the tree inventory is in the ground it can only be properly removed 1 or 2
times per year (Fall or Spring), depending on the species.
• Recently, the owner received an offer to sell its land and business to a neighboring
landscaper to enable that contactor business to expand. If this site is not conditionally
annexed as proposed, it will likely expand its contractor operations in this residential area.
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• We believe the best alternative is for the City to annex the property with the condition
that the business wind down its operations in a reasonable manner, and not at a fire
sale. Therefore, we are asking for the business to be allowed to reasonably wind down
its operations within the timeframe of its currently allowed County C-U-P.
• Suggested change to A.1.b: The existing landscape business operations at 1157 E. McMillan
Road are allowed to continue until no later than June 2024.
A.1.c: Install sidewalk in front of 1157 E. McMillan at the same time as when the 2nd phase is
developed, based on the following reasons:
• Installing a sidewalk along the McMillan frontage in front of 1157 E. McMillan will be a
burden and hardship.
• The sidewalk location will be approximately 11 feet into the existing landscaping for
this occupied home, which is currently heavily landscaped for sound and privacy.
• Additionally, the neighboring 2 parcels (to the east) do not have sidewalk along their
frontage, currently operate contractor landscaping and other businesses, and have no
plans to develop.
• This section of sidewalk in front of 1157 McMillan will not be used until a connection is
made to the east.
• The final grade of the sidewalk will likely be too high compared to a the existing grade
where the existing driveways access McMillan.
• Additionally, traditionally in a multi-phase development the City has required the
frontage sidewalk improvement to be installed at the same time as when the phase is
built in order to meet final grading and avoid being torn out with utility installation. As
such, the sidewalk should be installed at the same time as the final landscape frontage,
streetlights and other improvements when phase 2 develops so that the sidewalk grade
matches these improvements.
• Suggested change to A.1.c: Remove the requirement to build a sidewalk along the
frontage of 1157 E. McMillan by deleting condition A.1.c
A.2.b: Allow the western cul-de-sac to be allowed per the design, based on the following
reasons:
• Restricting the cul-de-sac length to 450 feet long is not feasible.
• The lack of access onto Red Horse Way and the City’s requirement to restrict access
onto McMillan has caused the need to allow a cul-de-sac that is slightly longer than 450
feet. Due to prior mistakes made by the City and/or ACHD, the easement west of this
site that connects to Red Horse Way and was a part of the Copper Basin (Cobre Basin)
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phase 1 plat was not dedicated as a permanent right-of-way access to enable
neighborhood connectivity. The Copper Basin HOA is unwilling to grant this easement
as public right-of-way and ACHD is unwilling to force/require this connection.
Unfortunately, our western parcel cannot be designed to be have a cul-de-sac less than
450’ long without another access onto McMillan. As such, we cannot meet the cul-de-
sac length requirement and remove the access through this parcel to McMillan.
• As a positive, the overall plat consists of 4 different property owners working together
to make a nice larger development, rather than 4 fragmented smaller developments. If
each parcel was developed separately on their own, ACHD and Meridian would be
required to allow access onto McMillan for each development. Instead, we are making
this better and only seeking one access onto McMillan.
• After considering numerous design options, the proposed design is the best and we
request the city allow the cul-de-sac length as proposed.
• Suggested change to A.2.b: Allow the western cul-de-sac to be built as designed by
deleting condition A.2.b
A.2.d: Allow the existing resident at 1035 E. McMillan to retain his current access on
McMillan, based on the following reasons:
• The existing access aligns with an existing road (Larkwood)
• Keeping the existing access is acceptable to ACHD.
• We understand that similar waivers have been granted by the City and we
acknowledge staff’s direction that this waiver should be addressed with the City
Council.
• Suggested change to A.2.d: City Council grant the waiver to keep the existing access
and Delete condition A.2.d.
A.2.e & A.3.e: Not require common lot pathway in the north east part of the development to
McMillan, based on the following reasons:
• In our discussions with staff they asked for a pedestrian connection to McMillan be
incorporated into our design. As a result of the access issue, stated above, we are
providing pedestrian access to McMillan at our entry, which meets the City staff’s
original request. Now, the City is asking for a second access. We are not aware of any
standard in the city regarding the spacing between accesses and we believe this is
excessive for this size of a development.
• Requiring a second access, which staff is requesting to be on the eastern portion of the
development, will be a hardship for this plat. The existing neighbor will not support an
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access near his home. If the access is east of the home, we need to align the access to
avoid existing trees and will lose at 1 or 2 building lots. If it’s west of the home, we will
lose 1 or 2 lots.
• The development will have a stub road to the east so any interconnection for
pedestrians and bikes can be accommodated internal to the subdivision, which is a
safer route. When the adjoining property develops, it can add a pedestrian connection
to McMillan, which would be more central.
• Suggested change to A.2.e: Not require the added micropath common lot by deleting
condition A.2.e and condition A.3.e.
Despite our numerous concerns with the staff report, we are pleased to bring this application
for Silver Springs Subdivision to the City of Meridian for consideration and approval. We look
forward to discussing these issues with the City Planning and Zoning Commission at the
upcoming hearing.
Sincerely,
Dave Yorgason, President
Tall Timber Consulting, LLC