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Home My WebLink AboutRequest for Reconsideration GIVE@PSLEY LLP LAWOFF'CES 601 W. Ba,"o","'" PO """ 2720, BoOe. Idoho "701 lELEPHONE, 208 388-1200 FACSIMILe, 206 368.1300 WEBBllE, www.gl""",p,~ley.oom G",!,G.AJreo KeI1,T.Ba"'o,,' C,,",tophe, J. "esoo WIlliam C. Cole Mloheel C. C"",me, Thome.E.O""",. Ro, Lewis Sg'",o 11molh, P. Feem,lde J_,C. Fecede, Sleven J. Hippie' Karl T. "'elo Debom K. ""st",.eo MoeC.,,"""eI Je'am, G. Ledle Fmo,"n G. Lee December 29, 2004 Mayor Tammy de Weerd and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 l~1tQ~ IVED DEC 3 0 2004 CITY OF MERIDIAN CITvtLERK OFFICE D"'d R. Lombe",' D. Da"'d Lo'ello. J,. Emil, A. MaoMeste, ,"mbe",D. Melooey Joho M. Ma~hell Ke,"e1h R. MoCI'", Kell, Greene MoDo,"ell CyothlaA.Mellllo CMsloph" H. Mey" L Edwa", Mill" _o.J.Mill" J,dsoo B. Morngom"'!' Mg,ra K. Nolsoo Oobo"h E. Nelsoo W. HughO'Rio",an. LLM. Michael C. 0" Keo"'th L ""~Iey "",dI',V. So"d H. B,rtoo Thomes, LLM. J.WlIIV."o Cool"E. Wa'd Rob,rt B. White Raymood O. G'""s oarRiED James A. MeCI", RETIRED 'U"osed 10 T",",s Kingsbridge Subdivision - Vision First, LLC., Applicant Annexation and Zoning - File No. AZ-04-023 Preliminary Plat - File No. PP-04-030 Conditional Use Permit for Planned Development - File No. CUP-04-026 RE: Dear Mayor de Weerd and Members of the City Council: Vision First, LLC., the applicant for the above-referenced approvals, comes before the City Council and respectfully requests the City Council to reconsider its rulings, made at the conclusion of the public hearing on December 14, 2004, to deny approval of annexation, the preliminary plat and the CUP for a planned development. The basis for the requested reconsideration is the applicant's decision to reduce the density of the entire project to less than 2 units per acre and to increase substantially the size of all perimeter lots. This redesign will also reduce the total number of residential units in the proposed subdivision from 219 to 129. The applicant came into the City Council hearing convinced that they had successfully addressed all of the concerns raised by the neighboring land owners and the Planning & Zoning Commission at its September 16th hearing. We left the City Council hearing last week equally convinced that the City wants to maintain the rural character of this area by applying one of its Rural Residential zones, either R-2 (2 units per acre) or R-3 (3 units per acre) and wishes to see a project with a lower density than the 219 homes proposed at the December 14th hearing. Although our proposed Kingsbridge density and lot sizes complied with the Future land Use Map and the R-4 low Density Residential zoning requirements, the applicant is prepared to follow the City Council's direction by developing executive home lots (1/2-acre in size) at the perimeter and holding all interior lots in the entire project to a 12,000 square foot minimum lot size. Although the southerly 20 acres is designated for Medium Density Mayor Tammy de Weerd and City Council City of Meridian December 29, 2004 Page 2 Residential on the Future land Use Map, the applicant is proposing all lots be maintained at a 12,000 square foot minimum, in compliance with the minimum lot size of the R-3, low Density Rural Residential zone. The applicant, as part of this reconsideration request, would ask that the zoning of the entire project be R-3, to permit flexible lot sizes down to a minimum of 12,000 square feet. However, because of the oversized lots around the perimeter, the average density for the Kingsbridge project would be reduced to 1.68 units per acre (129 lots + 76.72 acres), well below the R-2 density limit. If appropriate, a development agreement could be utilized to insure the 1.68 units per acre density. The applicant is asking the City Council to reconsider its decision denying annexation because the residential density of this revised plan will comply with the R-2 zone; the lowest rural residential density in the City's zoning code. Vision First is also cautiously optimistic that this significant redesign will address the concerns of the Dartmoor neighborhood and the other adjoining property owners who testified in opposition. Attached for your review is a revised preliminary site plant showing the configuration and lot layout for the reduced 129 home density. Also enclosed, for comparison purposes, is the site plan for the 219 units which was before you at the December 14th hearing. Rather than considering findings for denial of the three applications at the January 4, 2005, hearing, we would request the City Council to reconsider its decisions in light of the applicant's substantially revised plan and set the revised 129 home proposal for public hearing. The applicant is prepared to pay the publication and mailing costs for such a notice and hearing. Additionally, between January 4th and the public hearing, the applicant will provide the revised 129 home plan to the neighboring property owners and their representatives so they can be prepared to offer their comments to you at the re-scheduled hearing. The applicant's revised plat complies with the lowest residential density standard in the City zoning code (2 units per acre) and, we believe is compatible with the rural residential developments on surrounding properties. The %-acre lots and landscaped buffers on the project boundaries provide a harmonious transition from adjoining rural residences to the urban development patterns to the south and west contemplated by the City's Future land Use Map. We hope that the applicant's revised plan addresses the concerns and responds to the recommendations of both the Planning & Zoning Commission and the City Council. Keeping the application before the City Council, rather than requiring resubmittal and another preliminary hearing before P&Z, promotes staff time and public hearing economy. For the reasons set forth above, the applicant respectfully requests the City Council to reconsider its denial and to determine that annexation with R-3 zoning is in the best interest of the City of Meridian and that approvals of the 129 home plan and Mayor Tammy de Weerd and City Council City of Meridian December 29, 2004 Page 3 CUP/Planned Development comply with all applicable provisions of the Meridian Comprehensive Plan and Development Ordinance. Thank you for your consideration. Ken Elliott, Vision First William Berg, City Clerk Bill Nary, City Attorney Anna Canning, Planning Director Steve Siddoway, Principal Planner S:\CLlENTS\6634\4\LEM to Coy Council GPO2.DOC cc: Respectfully submitted, GIVENS PURSLEY llP By: Exhibit A New 129 Home Site Plan Exhibit 8 219 Unit Site Plan GIVE@PSLEY LLP LAW OFFICES 601 W. B"o"k""" PO B" 2720. BoI.., Idaho 83701 TELEPHONE, 208 388.1200 FACSIMŒ 208 388.1300 WEBS1"', www.gl"",p,~r,,.oom Ge"O.AJI" Kall,T. ""0'" CMstaph"J. B""o WlIII.mD.Cor, Mlehe,ID.C"",m" Thomes E. ",,-",k Roy Lewis Elg",o 11moth, P. Fe.m.'d. J""'ey D. "cede, Ste"o J. Hlppl" Ken K;,~ Debora "-"".te"", Mn'D.,,"okel J"'myO.Ledle Fmokl1n O. Le' December 29, 2004 Mayor Tammy de Weerd and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 ~ d fR~CEIVEb DEC 30 2004 CtTYOF MERIDIAN Crry"tLERK OFFICE D"'d R. Lombe"'1 O. Oo~d Lo,~lo, J,. Emil, A. MooMeste, "'mbe", D. M","', JchoM.M,~hall Ke""e1h R. MeCI", Kell, Om", MeC,"ooll Cyolh'. A. M,IIIIo Christeph"H.M'"" L Edwo", M'"" p.trlekJ.MIII" J,"'," B. Morn,om", Mg,'e "- N,'soo D,bo"h E. Nolseo W. H,gh O'Ri""'eo, LL.M. Mieh..,C.O- Ke"""h L ""~I'y ""dleyV.Soo,d H. Bartoo Themes, LL.M. J. WIll V,"O Cool', E. We", Rob,rt B. While Raymoo' D. 01"" RETIRED J,mes A. MeCl'" RETIRED 'U""od '0 T",",' Kingsbridge Subdivision - Vision First, LLC., Applicant Annexation and Zoning - File No. AZ-04-023 Preliminary Plat - File No. PP-04-030 Conditional Use Permit for Planned Development - File No. CUP-04-026 RE: Dear Mayor de Weerd and Members of the City Council: Vision First, l.L.C., the applicant for the above-referenced approvals, comes before the City Council and respectfully requests the City Council to reconsider its rulings, made at the conclusion of the public hearing on December 14, 2004, to deny approval of annexation, the preliminary plat and the CUP for a planned development. The basis for the requested reconsideration is the applicant's decision to reduce the density of the entire project to less than 2 units per acre and to increase substantially the size of all perimeter lots. This redesign will also reduce the total number of residential units in the proposed subdivision from 219 to 129. The applicant came into the City Council hearing convinced that they had successfully addressed all of the concerns raised by the neighboring land owners and the Planning & Zoning Commission at its September 16th hearing. We left the City Council hearing last week equally convinced that the City wants to maintain the rural character of this area by applying one of its Rural Residential zones, either R-2 (2 units per acre) or R-3 (3 units per acre) and wishes to see a project with a lower density than the 219 homes proposed at the December 14th hearing. Although our proposed Kingsbridge density and lot sizes complied with the Future land Use Map and the R-4 low Density Residential zoning requirements, the applicant is prepared to follow the City Council's direction by developing executive home lots (1/2-acre in size) at the perimeter and holding all interior lots in the entire project to a 12,000 square foot minimum lot size. Although the southerly 20 acres is designated for Medium Density Mayor Tammy de Weerd and City Council City of Meridian December 29, 2004 Page 2 Residential on the Future land Use Map, the applicant is proposing all lots be maintained at a 12,000 square foot minimum, in compliance with the minimum lot size of the R-3, low Density Rural Residential zone. The applicant, as part of this reconsideration request, would ask that the zoning of the entire project be R-3, to permit flexible lot sizes down to a minimum of 12,000 square feet. However, because of the oversized lots around the perimeter, the average density for the Kingsbridge project would be reduced to 1.68 units per acre (129 lots + 76.72 acres), well below the R-2 d~nsity limit. If appropriate, a development agreement could be utilized to insure the 1.68 units per acre density. The applicant is asking the City Council to reconsider its decision denying annexation because the residential density of this revised plan will comply with the R-2 zone; the lowest rural residential density in the City's zoning code. Vision First is also cautiously optimistic that this significant redesign will address the concerns of the Dartmoor neighborhood and the other adjoining property owners who testified in opposition. Attached for your review is a revised preliminary site plant showing the configuration and lot layout for the reduced 129 home density. Also enclosed, for comparison purposes, is the site plan for the 219 units which was before you at the December 14th hearing. Rather than considering findings for denial of the three applications at the January 4, 2005, hearing, we would request the City Council to reconsider its decisions in light of the applicant's substantially revised plan and set the revised 129 home proposal for public hearing. The applicant is prepared to pay the publication and mailing costs for such a notice and hearing. Additionally, between January 4th and the public hearing, the applicant will provide the revised 129 home plan to the neighboring property owners and their representatives so they can be prepared to offer their comments to you at the re-scheduled hearing. The applicant's revised plat complies with the lowest residential density standard in the City zoning code (2 units per acre) and, we believe is compatible with the rural residential developments on surrounding properties. The %-acre lots and landscaped buffers on the project boundaries provide a harmonious transition from adjoining rural residences to the urban development patterns to the south and west contemplated by the City's Future land Use Map. We hope that the applicant's revised plan addresses the concerns and responds to the recommendations of both the Planning & Zoning Commission and the City Council. Keeping the application before the City Council, rather than requiring resubmittal and another preliminary hearing before P&Z, promotes staff time and public hearing economy. For the reasons set forth above, the applicant respectfully requests the City Council to reconsider its denial and to determine that annexation with R-3 zoning is in the best interest of the City of Meridian and that approvals of the 129 home plan and Mayor Tammy de Weerd and City Council City of Meridian December 29, 2004 Page 3 CUP/Planned Development comply with all applicable provisions of the Meridian Comprehensive Plan and Development Ordinance. Thank you for your consideration. Respectfully submitted, GIVENS PURSLEY lLP By: Ken Elliott, Vision First William Berg, City Clerk Bill Nary, City Attorney Anna Canning, Planning Director Steve Siddoway, Principal Planner S:\CLlENTS\6634\4\LEM to City Council GPO2.DOC cc: Exhibit A New 129 Home Site Plan Exhibit 8 219 Unit Site Plan