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CC - Applicant Response to Staff Report for 6-25 hearingSP�NK EIBUTLER-. ATTORNEYS AT L A W T. HETHE CLARK (208) 388-3327 HC LARK@SPI NKBUTLER.COM Via electronic mail (sleonard@meridiancity.org) June 24, 2019 Stephanie Leonard Associate City Planner City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 Re: Three Corners Ranch — Preliminary Plat Application (H-2019-0006) Comments on Staff Report in Advance of June 25, 2019 Hearing SB File No. 21895.12 Dear Stephanie: We are in receipt of the Staff Report for this project and would like to provide comments in advance of the June 25, 2019 hearing. As Council may be aware, the Applicant went into the Planning & Zoning Commission meeting largely in agreement with Staff. Our only disagreements were with regard to two items: (1) Staff's suggestion that W. Guiness Street should be extended to N. Stafford Place; and (2) Staff's suggestion that there should be a north/south private street connection to N. Shandee Drive. The majority of neighbors who testified at P&Z supported the ACHD Commission action on this application, which specifically rejected the connections that City Staff recommended. With regard to the W. Guiness Street connection to N. Stafford Place, P&Z agreed with ACHD, the Applicant, and many of the neighbors in rejecting Staff's condition. P&Z did, however, require a north/south private street connection to N. Shandee Drive. As before, the Applicant remains in general agreement with Staff, but would like to have a discussion with the Council regarding this north -south connection. As will be further discussed below and at hearing, this north -south connection has little utility as few homeowners are expected to use this connection. It is also unnecessary from a code perspective for two reasons. ITD has confirmed that N. Shandee Drive will always have at least emergency access (through bollards) onto Chinden. And without the extension to N. Stafford Place, there is no need for an intervening north -south street to break up the block length. 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 Other minor comments on conditions are discussed below, along with additional commentary on the north -south connection. We look forward to further discussion at hearing. Very truly yours/,, l T. Hethe Clark HC/bdb Background Prior testimony before P&Z is attached to this letter. This testimony shows, in summary, that this is a unique infill project with six stub connections into the property. The setting is also unique—the square mile block, which is almost exclusively residential, lacks a collector network. The commercial and recreational uses (largely at the hard corners of the block) have no internal vehicular connections, and Ambrose School is a regional school with students who arrive by vehicle. In other words, internal trips are largely focused on reaching the adjoining arterial roadways—not other uses within this square mile. While there is no collector network, neighborhood roadways function well with the exception of cut -through traffic. Vienna Woods and Bristol Heights have multiple accesses onto arterial roadways. The Dunwoody Subdivision (immediately to the west) has its own access onto Locust Grove Road, while Three Corners Subdivision has a similar approach. The Fuller Ranchettes on Shandee Drive currently have access directly onto Chinden. ITD may restrict that access in the future when Chinden is widened; however, the connection (at Shandee) will retain emergency access by bollards. As previously discussed, one of the Applicant's major concerns was with cut -through traffic. This is the reason for the gated design of the project. If gates were not included, the connection between Dunwoody Court and Barclay Street would otherwise become a de facto collector and cut -through route from Locust Grove all the way to Eagle Road. Gating these roads is supported by a majority of the neighbors.' The only question through the course of this project has, instead, been how many of the six stub streets should connect. Ultimately, the consensus among the Applicant, the neighbors, the ACHD Commission, and City Staff, is that too much connectivity can be too much of a good thing because of the risk of cut -through traffic on non -collector roads. As stated by ACHD Staff: "Because this square mile was developed without a collector network, ACHD staff is concerned about east -west cut -through traffic." The ACHD Commission specifically rejected a connection from W. Guiness to N. Stafford? It had good reason to do so. First, it allows much of the square -mile block to retain its current traffic patterns. Second, it provides Shandee Drive residents an alternative for when their access onto Chinden is restricted. And, finally, it avoids a second de facto collector. As shown below, if we connect Stafford Place, there is a fairly direct connection to Bennington Way that would provide a cut -through all the way from Locust Grove to Eagle Road or Chinden Blvd. 'This solution has been implemented solely to avoid the hazard a cut -through would create. There is no exclusionary intent. The Applicant committed as a condition of the ACHD Commission's approval that it will allow full public pedestrian and bicycle access at all of the stub streets in this project. '- Meridian City staff was invited to attend and provide comment at the ACHD Commission meeting. They did not attend, but we understand their position was provided to the ACHD Commission. P&Z agreed with the Applicant, the ACHD Commission, and the vast majority of the neighbors. There is no recommendation for a connection from W. Guiness St. to N. Stafford Place. Discussion of Conditions What follows is a discussion of the conditions in the P&Z Recommendation that the Applicant would like to revisit during the hearing before Council. Condition A.3.a Condition A.3.a discusses the irrigation easement for the Karnes Lateral. In reviewing this matter with staff, it has been determined that much of the irrigation easement can be accommodated as indicated. However, the Applicant is requesting a partial waiver of this requirement in areas adjoining residential lots. We are only proposing 44 residential lots. The lots along the Karnes Lateral are large and can easily accommodate these facilities within an easement that would be separately recorded. This approach would make creation of new, otherwise unnecessary common lots that require HOA maintenance unnecessary. We request that the Council grant the waiver as indicated by Staff. Condition A.3.d Condition A.3.d requires a north/south private street connection to N. Shandee Drive. As an initial matter, this north -south connection is not required to break up the block face if W. Guiness St. does not connect to N. Stafford Place. The only question is whether this provides additional connectivity that is meaningful and should be preserved. As shown below, the site distribution that is anticipated through the current configuration (with two proposed connections at Dunwoody Ct. and N. Barclay Drive) is thirty percent west (to Locust Grove) and seventy percent east (to Eagle Road). When Chinden is widened, the access at N. Shandee Drive will initially be reduced to right-in/right-out. At that time, the north connection may take approximately 15% of the traffic, with a 5% reduction at Dunwoody Ct. and a 10% reduction at N. Barclay Drive. When Shandee Drive is closed off, the only option for Three Corners Ranch residents will be to meander out to Locust Grove past the Ambrose School. At that time, our traffic engineer believes the trip distribution will be down to 5%. THREE CORNERS RANCH SUBDIVISION Site Traffic Distribution Patterns GATES: SHANDEE DR - RIRO ACCESS 3 GATES: SHANDEE DR - NO ACCESS' SITE NO tk .1�T- M`�.♦ l� �!��1 ���h- KIK?. J y�(f�,r3i .SA:► ..7yr rlrbci �7C"� , C'1 '.: t`hi `?4.+-rN . r'7 d a_ '7 L • G7 i I., n . EhGDV�fQ4'Ca INC. In other words, this small HOA will be burdened with a third, very expensive gate that will, in the ultimate configuration of Chinden, only accommodate 5% of the Three Corners traffic. The usage estimated by a traffic engineer does not suggest this is a worthwhile condition. The north -south connection is not necessary to break up a block face. We ask that Condition A.3d be removed. Conditions A.3.e and 4.a Finally, the Applicant is requesting clarification regarding these conditions. There is a pathway proposed in this area. Given the current configuration, the Applicant is proposing sidewalk on one side of the street, rather than both as identified in these conditions. Findings re Private Street As a final matter, Section IX.0 refers to the private street approvals for this project. In the event the Council agrees with us, Findings IX.B and IX.0 should be revisited. As shown above, there is no detriment to surrounding subdivisions if the north -south connection to N. Shandee Drive is not made. Staff's comment appears to contemplate that there could be a full closure of N. Shandee Drive; however, ITD has indicated that emergency access will remain. In any event, the comments above show that there will be limited usage of these connections. Furthermore, the ACHD Commission supported the private street network without the north -south connection (in contrast to what is stated in the current proposed findings). Conclusion Thank you for your consideration of these matters. In summary: • We ask that the Council grant the waiver identified in Condition A.3.a to permit the Karnes lateral irrigation easement to be located on the edge of residential lots; • We ask that the Council remove the requirement of a north -south connection to N. Shandee Drive; and • We ask that the Council revisit Findings IX.B and IX.0 in light of these modifications.