HomeMy WebLinkAbout2019-11-08 Geoffrey M. Wardle (BVA Comments)
Geoffrey M. Wardle
208.388.1000
GWardle@ClarkWardle.com
Sent via Email to: cityclerk@meridiancity.org
November 7, 2019
Mayor Tammy de Weerd
Meridian City Council - Joe Borton, President; Luke Cavener, Vice President; Anne Little
Roberts; Ty Palmer; Treg Bernt; Genesis Milam
c/o Meridian City Clerk (cityclerk@meridiancity.org)
City of Meridian, Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
Re: Modifications to draft FLUM & Meridian Comp Plan – SW Corner of Meridian Road and
Victory Road, and NE Corner of McMillan Road and Locust Grove Road
CW File No. 23699.0
Dear Mayor and Council Members,
We appreciate the opportunity to comment on the proposed draft Comprehensive Plan (“Comp
Plan”) and Future Land Use Map (“FLUM”) changes. We want to thank each of you, and the
City’s Planning and Zoning Commission, the steering committee, and City staff for all of the hard
work expended to reach this point of the process to amend the City’s Comp Plan and FLUM.
We have had meetings with City staff on the sites identified herein starting in Fall 2018 and
continuing through the process that has occurred during 2019. In August we submitted written
comments to City staff about proposed land use designations in the draft Comp Plan and FLUM
for several areas of the City of Meridian . In September we had follow up meetings with City
staff. In October we provided additional comments to the Planning and Zoning Commission.
We testified at the Planning and Zoning Commission’s October 17, 2019, public hearing, in
which we focused further on these two specific sites identified herein:
▪ the Southwest corner at the intersection of Victory Road and Meridian Road, and
▪ the Northeast corner at the intersection of Locust Grove Road and McMillan Road.
We request the two following modifications to the proposed FLUM:
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 2 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
Southwest Corner, Intersection of
Victory Road & Meridian Road
Northeast Corner, Intersection of
Locust Grove Road & McMillan Road
Existing Use
Designations in
the Current FLUM
→
Use Designations
Proposed in the
Draft FLUM →
Our Requested
Modifications to
Proposed Use
Designations →
either Commercial
or Mixed Use Community
Commercial
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 3 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
Our requested modifications to the proposed land use designations for each of these sites are
discussed below, and are supported both by the existing Comp Plan and the proposed draft
Comp Plan.
I. SOUTHWEST CORNER, VICTORY ROAD AND MERIDIAN ROAD
A. Site Description and Current Condition
An affiliate of Ball Ventures
Ahlquist (“BVA”) owns five
parcels at the southwest corner
of Victory Road and Meridian
Road (those depicted with red
boundaries), totaling 15.38 acres.
The five parcels, together with a
separately-owned, adjacent 4.03
acre parcel (shown in orange on
the aerial depiction to the right),
have not been annexed into the
City of Meridian. BVA has been
evaluating these parcels for
development.
The existing FLUM designates these parcels as Medium Density Residential and Low Density
Residential, and they would be continue to be designated as Medium Density Residential under
the proposed draft FLUM revisions. Neither Medium Density Residential nor Low Density
Residential is appropriate for this site. The other three corners of this intersection have
developed more intensively than the existing Low Density Residential and Medium Density
Residential designations, with zoning designations of C-G, R-15, and L-O, in recognition of the
fact that the intersection of a major arterial and a state highway inherently encourage s more
intensive development.
B. Requested Use Designation: Commercial
We believe that the appropriate use designation for the five unannexed parcels at this location
is Commercial (or, alternatively, Mixed Use Community), which would provide an improved
guide to future growth and development in this area of the City by recognizing existing
development patterns. A Commercial designation would be compatible with the proposed
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 4 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
Medium Density Residential developments to the south and west, as this is essentially the same
land use pattern that already exists on the northeast corner of this intersection.
Several significant topographical and physical limitations prevent effective integration of these
properties with the existing residential subdivision to the south. For example, an elevation
change along the southern boundary of the BVA parcels creates a natural ridge and barrier
between this site and the existing homes, and limits opportunities for connectivity between the
two sites. Also, the existence and location of irrigation facilities bisecting this site significantly
limits the possibility for residential development.
Currently, connectivity options linking the existing Meridian Heights No. 2 subdivision and the
BVA affiliate-owned properties are limited. Only one street (S. Peoria Way) was stubbed north
from the existing subdivision, and it does not align with the properties owned by the BVA
affiliate. Ultimately, access will need to be improved in this location , with enhanced
connectivity from the existing subdivision to the south, and north to Victory Road, to ensure
that left-hand turning movements will occur at the signal located at the major intersection and
not at Bloomington Drive, which serves the existing residential subdivision.
We believe that development at this location should have the following general layout:
This layout would ensure that the existing Meridian Heights subdivision to the south and future
residential development to the west would be buffered from the major intersection at Meridian
Road and Victory Road. This layout also greatly improves connectivity:
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 5 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
▪ Peoria Way could be extended north, to connect to Victory Road and align with S.
Alfani Way; and
▪ Access to the site from Meridian Road could be located between Victory Road and
Bloomington Drive, as a private commercial drive with restricted (right-in, right-out)
access to Meridian Road.
This configuration would minimize congestion on Meridian Road, with vehicles making
northbound movements doing so by accessing the traffic signal at Victory Road.
C. Planning and Zoning Commission’s October 17, 2019 Public Hearing
As outlined above, a year ago our clients desired to submit a development application for this
site, but City staff encouraged us to await the outcome of this process, unwilling to recommend
approval of any applications for changes to use designations while the process of amending the
Comp Plan and FLUM was underway. Our clients were informed that they would have an
opportunity to request modifications to the FLUM for specific sites during this process,
precipitating our original August submittal once the draft Comp Plan an d FLUM were circulated.
During the Planning and Zoning Commission’s October 17, 2019, public hearing, Commission
Chair Jessica Perreault asked City staff if they would support a change “from medium density to
commercial” at this site. City staff hedged, noting that it didn’t have a development application
to review, but staff ultimately replied:
Yeah, I think staff could support a map change here with the right project and
the right -- you know, if it works still within the neighborhood, yea, I could see u s
supporting it for sure.
Transcript of Meridian Planning and Zoning Commission, October 17, 2019, p. 100 of 107. As a
result of City staff’s stated desire for a project-specific development application, however, the
Planning and Zoning Commission recommended approval of the proposed draft FLUM update
without approving our request to change the use designation for this location.
Notwithstanding City staff’s claim that it “could” support a map change, based upon prior
experience with map amendments, comprehensive plan amendments, and zoning code
rewrites, we fear that “amendment fatigue” will set in and neighbors, City staff, the Planning
and Zoning Commission, and the Council will be reticent to entertain amendments in the near
future citing the lengthy nature of this this process. City staff confirmed as much at the
October 17, 2019, Planning and Zoning public hearing, stating further that:
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 6 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
I think we are going to heavily scrutinize any map amendments, right, because
we have -- we are going through this process.
Transcript of Meridian Planning and Zoning Commission Minutes, October 19, 2019, p. 99 of
107.
D. Action and Next Steps
We believe that the modification to the FLUM requested above is supported not only by the
existing Comp Plan, which could have justified this application last year when we first inquired
about it, but also the draft Comp Plan. The justification for such is attached hereto in more
detail in Exhibit A, our prior submittal to the Planning and Zoning Commission.
We are in fact amenable to making applications for comprehensive plan map amendment,
annexation, zoning, development agreement and preliminary plat for this site and have held off
doing so for more than a year with the promise that our concerns would be addressed through
this planning process. At the Planning and Zoning Commission he aring it was implied that our
client has been unwilling to make an application for this site and to make commitments to the
proposed access and other elements. That is not the case. Applications have not been
submitted in deference to and consideration of City staff’s direction.
We respectfully request that the southwest corner of the intersection of Victory Roa d and
Meridian Road be given a Commercial or Mixed Use Community use designation on the FLUM,
which would permit a commercial zoning designation (C-C, C-G, or M-E) upon annexation of
these properties into the City of Meridian. These uses would be compatible with adjoining uses
and could facilitate future connections that would enhance the flow of pedestrian and vehicle
traffic in the neighborhood. We strongly believe that re-designating this site as Commercial will
provide an improved guide to future growth and development of the City.
II. MCMILLAN ROAD AND LOCUST GROVE ROAD.
A. Site Description and Current Condition
In the existing FLUM, the area located immediately northeast of the intersection of McMillan
Road and Locust Grove Road is designated as “Mixed Use Neighborhood.” These parcels have
been annexed and are zoned Neighborhood Business (C-N). Two of the subject parcels are
owned by an affiliate of BVA Development, which has had difficulty attracting users due to: (a)
the existing land use designation, (b) the existing zoning, (c) the small size, (d) the difficult
configuration of the site, and (e) other complicating factors.
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 7 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
In 2008, the plat of the Woodland Springs No. 1 subdivision (above, right) was approved and
recorded affecting a portion of the property. The pink overlay above demonstrates the extent
of the “Neighborhood Business” (C-N) zoning that currently exists on the properties and the
purple outline depicts the location of the phase 1 plat .
B. Requested Use Designation: Commercial
We respectfully request that the use designation of this site be changed to Commercial. If the
Mixed Use Neighborhood designation remains on this site, several circumstances make it
difficult, if not impossible, for development here to achieve the goals and objectives contained
in the Development Agreement, or the existing Comp Plan or in the proposed draft Comp Plan.
Moreover, the Mixed Use Neighborhood designation precludes meaningful opportunities to
further refine the Development Agreement or to obtain appropriate zoning for the site due to
the requirements that such be “in accord with” or “comply with” or “in conformance with” the
comprehensive plan. Meridian City Code Sections, 11-1-2, 11-5B-2, 11-5B-3(E), 11-6B-6. The
circularity of this issue is evident. Because the property has been designated Mixed Use
Neighborhood, any amendment to the existing development agreement or to the underlying
zoning can only occur if “in accord with” the comprehensive plan and map. Because of the
requirements associated with Mixed Use Neighborhood, no modification can satisf y that
requirement.
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 8 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
Although City staff intimated that because an area designated across the street a s Mixed Use
Neighborhood there is a meaningful opportunity for this site, we respectfully disagree. Small,
disconnected parcels that lack meaningful integration with the preexisting transportation
connections and that are dimensionally unworkable for the density and type of residential
development required in the Comp plan, should not be designated as Mixed Use
Neighborhood. More intensive commercial uses should be permitted and encouraged at these
locations without the impractical limitations that exist under the Mixed Use provisions of the
Comp Plan.
The developable land at this site is insufficient for the range of uses required in the MU-N
designation and the existing Development Agreement encumbering the property evidences
such. The text of the existing Comp Plan describes the purpose of MU-N as follows:
The purpose of this designation is to assign areas where neighborhood-serving
uses and dwellings are seamlessly integrated into the urban fabric. The intent is
to avoid predominantly single-use developments by incorporating a variety of
uses. Land uses in these areas should be primarily residential with supporting
non-residential services.
…
Developments are also encouraged to be designed according to the conceptual
MU-N plan depicted in Figure 3-1.
Meridian Comp Plan, p. 24, in pertinent part (emphasis added). The following figure, taken
directly from the current Comp Plan, depicts the variety of uses expected in an area with a
Mixed Use-Neighborhood designation:
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 9 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
Although there is a small area southwest of this site also designated MU-N (kitty corner across
the intersection), the subject site is too small to accommodate the range of uses required on
property designated MU-N.
There is also a significant lack of connectivity from
existing residential developments to the site. The
only stubbed street from Sheridan Place is in a
location, north of the site, that connects to a parcel
not in common ownership that remains in
unincorporated Ada County. That street, when
constructed and extended, may allow the subject
parcels to connect to the Sheridan Place
subdivision, but the timeline for its construction is
unknown (and outside our clients’ control), making
coordination impossible.
Pursuant to the existing Comp Plan,
“[r]esidential uses should comprise a
minimum of 40% of the development
area…” in an area designated MU-N (Comp
Plan, p. 25), which would be impossible on
the subject site. In addition, the subject
properties are located in an area that
already is inundated with existing
residential developments. The existing
zoning designations in the area are shown
in the aerial depiction to the right.
C. Planning and Zoning Commission’s October 17, 2019 Public Hearing
During its October 17, 2019 public hearing on the proposed Comp Plan and FLUM amendments,
the Planning and Zoning Commission recognized that the size of the site, existing easements,
and other factors should preclude a Mixed Use Neighborhood designation. Commission Chair
Jessica Perrault stated:
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 10 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
…I am in agreement with the -- the gentleman who testified that the area off
Locust Grove and -- and McMillan is too small of an area to have as a mixed use
designation.
Transcript of Meridian Planning and Zoning Commission Minutes, October 19, 2019, p. 97 of
107. As with the other site, City staff wanted to see a development proposal before committing
to support our clients’ request to re-designate this area Commercial, but staff also recognized
that this site is small:
We aren’t necessarily going to pound our fists for high -density residential or that
residential component on your property, realizing it isn’t overly large.
Transcript of Meridian Planning and Zoning Commission Minutes, October 19, 2019, p. 98 of
107.
Importantly, though, City staff mischaracterized the type of development that our clients desire
at this site and the limitations on rezoning City staff has previously articulated:
Not necessarily opposed to it, but we think [a development proposal and
development agreement modification is] maybe a better path forward to make
sure that there is still some neighborhood-serving commercial there and it
doesn’t become, you know, a four-story box or something that just doesn’t fit in
well with the neighborhood.
Transcript of Meridian Planning and Zoning Commission Minutes, October 19, 2019, p. 98 of
107.
We unfortunately believe that City staff has misunderstood the request and concern that we
raise here. If there is a desire to have neighborhood-serving commercial at this location, then
the appropriate land use designation is in fact Commercial and not Mixed Use Neighborhood
permitting amendment to the development agreement and zoning of the site to truly permit
neighborhood serving commercial.
D. Action and Next Steps
Again as set forth above, we would be amenable to seeking to modify the zoning and the
development agreement encumbering this site, but only if the land use designation is changed
to Commercial. We have suggested alternative courses of action to City Staff for this site, but
again have been discouraged from doing anything out side of this process.
November 7, 2019
Re: Southwest Corner of Meridian Road & Victory Road, and
Northeast Corner of McMillan Road & Locust Grove Road
Page 11 of 11
S:\Docs\BVA - Victory SW\BVA - Victory SW - General\LTR\ltr to Meridian City Council re FLUM and Comp Plan requests, v.2 (11-7-2019).docx
We believe that the modification to the FLUM requested above designating this location as
Commercial is supported by both the existing Comp Plan and the draft Comp Plan. The
justification for such is attached hereto in more detail in Exhibit A, our prior submittal to the
Planning and Zoning Commission.
Re-designation of the area northeast of McMillan and Locust Grove as Commercial will enable
development that will supports the existing housing and complement and serve existing
residential developments in the area. We respectfully request that the use designation of this
site be changed to Commercial.
IV. CONCLUSION.
At each of these two sites, the use designations on the updated FLUM are not supported by the
goals and objectives of either the current Comp Plan or the proposed draft Comp Plan. We
respectfully ask for the use designations in each of these locations to be changed as follows:
▪ Southwest corner of Meridian Road and Victory Road: Commercial (or, alternatively,
Mixed Use Community); and
▪ Northeast corner of Locust Grove Road and McMillan Road: Commercial.
We strongly urge the City to re-evaluate the future land use designations for these two sites,
and to re-designate them as requested herein.
Sincerely,
Geoffrey M. Wardle
Cc: Tommy Ahlquist
Tonn Peterson
Cortney Liddiard
Brian McClure (bmcclure@meridiancity.org)
Caleb Hood (chood@meridiancity.org)
ENCLOSURE Exhibit A
EXHIBIT A
October 8, 2019 Letter to Planning and
Zoning Commission
Geoffrey M. Wardle
208.388.1000
GWardle@ClarkWardle.com
Sent via Email
October 8, 2019
Brian McClure (bmcclure@meridiancity.org)
Caleb Hood (chood@meridiancity.org)
City of Meridian, Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
Re: Modifications requested to the proposed draft Future Land Use Map – Meridian
Comprehensive Plan - Southwest Corner of Meridian Road and Victory Road
CW File No. 23699.0
Dear Brian and Caleb,
We want to express our gratitude for the opportunity to submit additional comments on the proposed
draft Comprehensive Plan and Future Land Use Map. We also want to thank you, and everyone
involved, for your hard work in the long and difficult process of amending Meridian’s Comprehensive
Plan.
Previously, we submitted written comments about the proposed land use designations in the draft
Comprehensive Plan for several areas of the City of Meridian. Today our comments focus on future land
use designations of two very specific sites of the City and specific requests related to the following
locations:
▪ First, the southwest corner at the intersection of Victory Road and Meridian Road, and
▪ Second, the northeast corner at the intersection of Locust Grove Road and McMillan Road.
In each of these locations, we believe, as we previously communicated, that the use designations
proposed on the updated Future Land Use Map are incongruous not only with existing development
patterns in these areas but also with the goals and objectives of the proposed draft Comprehensive
Plan. At the suggestion of City staff, we deferred Comprehensive Plan amendments relating to each of
these two sites to enable the City to complete its planning process. However, the uses that would be
ascribed to each of these two areas in the proposed draft of the Future Land Use Map are inconsistent
with existing development patterns and with both the existing and draft Comprehensive Plan, thereby
immediately necessitating applications to amend the Land Use Map. Instead, we request that City staff,
the Planning and Zoning Commission, and the City Council re-evaluate the future land use designations
for each of these two properties.
Southwest Corner, Intersection of
Victory Road and Meridian Road
Northeast Corner, Intersection of
Locust Grove Road and McMillan Road
Existing Use
Designations in the
Current Future
Land Use Map
Use Designations
Proposed in the
Draft Future Land
Use Map
Our Requested
Modifications to
Proposed Use
Designations
either Commercial
or Mixed Use Community
Commercial
The modifications to the land use designations for each of these sites are discussed below, with support
from provisions both of the existing Comprehensive Plan and of the proposed draft Comprehensive Plan.
I. SOUTHWEST CORNER, VICTORY ROAD AND MERIDIAN ROAD
An affiliate of Ball Ventures
Ahlquist (“BVA”) owns five parcels
at the southwest corner of Victory
Road and Meridian Road (those
depicted with red boundaries),
totaling 15.38 acres. The five
parcels, together with a
separately-owned, adjacent 4.03
acre parcel (depicted in orange),
have not been annexed into the
City of Meridian. BVA has been
evaluating its affiliate's parcels for
development.
Based on the proposed draft Future Land Use Map, this area would be assigned a future land use
designation of “Medium Density Residential.” While the existing Future Land Use Map designates these
parcels as “Medium Density Residential” and “Low Density Residential,” we do not believe either
designation is appropriate for this site.
Ultimately, access needs to be improved in this location with connectivity being enhanced from the
Meridian Heights property to the south, north to Victory Road, in order to ensure that left hand turning
movements are at the signal and not at W. Bloomington Drive.
As depicted below, we believe that the appropriate solution to future development at this location
ensures that the residential uses to the south and west are buffered from the intersection and that
improved connectivity is created by extending South Peoria Way, north to Victory Ro ad, aligned with S.
Alfani Way, via a public street with a restricted right in right out access to S. Meridian Road via a private
commercial drive, located between Victory Road and W. Bloomington Drive. Such a configuration
would minimize congestion on Meridian Road as vehicles making northbound movements would be able
to access the signal at Victory Road.
We believe that the appropriate designation for the five unannexed parcels at this location is
“Commercial.” This would provide an improved guide to future growth and development in this area of
the City by recognizing existing development patterns and either would be compatible with the
proposed Medium Density Residential development to the south and west, as this is essentially the
same land use pattern located to the northeast.
Although an aerial map without topographic data would
make it appear logical to continue the existing “Medium
Density Residential” designation that exists for the
Meridian Heights No. 2 subdivision, located to the
immediate south of four of the five parcels owned by
BVA’s affiliate, there are several significant topographical
and physical limitations at this site that prevent effective
integration of these properties with the existing
subdivision. For example, the southern boundary of the
subject property consists of a ridge that creates a natural
barrier with the existing homes and limits opportunities for
connectivity between the two developments.
Also, there is only one street that was
stubbed to the north from the existing
Meridian Heights No. 2 subdivision. That
stubbed street, S. Peoria Way, would extend
onto the separately-owned parcel (depicted
in orange) that is located adjacent to the
parcels owned by the BVA affiliate. No
existing streets from the Meridian Heights No.
2 subdivision were stubbed to the properties
owned by BVA's affiliate, so connectivity
options linking the existing subdivision and
the subject property, and the availability of
connectivity or shared access between the
two developments are presently available.
Additionally, the location of irrigation facilities that bisect the property significantly limits the use and
development of the property for residential purposes. Additionally, the other three corners of this
intersection have developed more intensively than the existing Low Density Residential and Medium
Density Residential designations, with zoning designations of C-G, R-15, and L-O, in recognition that the
intersection of a major arterial and a state highway will inherently encourage more intensive
development.
As a result of the topographic limitations of this site as well as existing development on the other
corners of this intersection, this site would appropriately be designated as “Mixed Use Community" on
the proposed draft Future Land Use Map, which would support commercial zoning designations (C-C, C-
G, or M-E) at the corner at the intersection and commercial or residential zoning designations to the
west that could integrate with the existing residential development, thus reflecting a location that
already is developing as a more intensive neighborhood commercial node. This will facilitate the
development of service, commercial, and employment opportunities to support the existing residential
and future residential uses contemplated in the immediate vicinity. As discussed below, a future
connection to Victory Road and the residential properties to the south would support and integrate a
mixture of uses at the site and improve connectivity.
A. Supports Objectives of Existing Comprehensive Plan
The checklist entitled, “Future Land Use Map Changes: Considerations when Requesting a
Different Future Land Use Designation” (the “Checklist”), which was produced and promulgated
by the City, includes the following key references to items in the existing Comprehensive Plan,
all of which support modifying the proposed draft Future Land Use Map as we are requesting, if
we were independently amending the existing Comprehensive Plan:
1. “Plan for and encourage services like health care, daycare, grocery stores and
recreational areas to be built within walking distance of residential dwellings.”
(Comprehensive Plan, Item # 2.01.01C, quoted from the Checklist.)
The term “walking distance” is not limited to the number of steps required to walk from
one place to another - it also takes into account the ease and safety with which one can
walk from his or her home to nearby services. As previously mentioned, there are no
properties south of Victory Road designated for “Commercial” use on the draft
proposed Future Land Use Map. Residents of the Red Tail Apartments and the Meridian
Heights No. 2 subdivision who want to walk to “services like health care, daycare,
grocery stores and recreational areas,” even those located relatively nearby, will have to
cross Victory Road. This poses a potential safety concern. Crossing a major intersection
also creates psychological barrier that inhibits the number of residents south of Victory
Road from walking to destinations located north of Victory Road. To achieve this item,
the City must “plan for and encourage services… to be built” south of Victory Road. The
subject properties are a perfect location for these services, but the development of
services on the subject properties would be limited if the future land use designation
remains “Medium Density Residential.”
2. “Use the Comprehensive Plan, the Unified Development Code, and the Design Manual
to…encourage clustered, landscaped business or residential development on entryway
corridors.” (Comprehensive Plan, Item # 2.01.02D, quoted from the Checklist.)
Changing the designated use from “Medium Density Residential” to “Commercial” or
"Mixed Use Community" on the proposed Future Land Use Map would support this
objective by promoting development of the subject properties as “clustered, landscaped
business…development” on Meridian Road, which is designated as an “entryway
corridor” on the Current Zoning Map.
3. “Designate land for a variety of uses.” (Comprehensive Plan, Item # 3.05.01K, quoted
from the Checklist.)
In the subject area, particularly south of Victory Road, most (if not all) property has been
designated for residential development. To achieve the desired variety of uses, in this
area, it is necessary to change the use designation of the subject properties to
“Commercial” or "Mixed Use Community."
4. “Plan for a variety of commercial and retail opportunities within the Area of City
Impact.” (Comprehensive Plan, Item # 3.05.01J, quoted from the Checklist.)
As mentioned above, very little (if any) property located south of Victory Road is
designated “Commercial” or "Mixed Use Community." To ensure “a variety of
commercial and retail opportunities [exist] within the Area of City Impact” requires an
increase in the “Commercial” or "Mixed Use Community" use designations, particularly
in the area of subject properties.
B. Supports Objectives of Proposed Draft Comprehensive Plan
We believe that a land use designation on the Future Land Use Map recognizing the commercial
capacity of the portion of this site located at the intersection of Meridian Road and Victory Road
more correctly reflects the policy direction contained in the proposed draft Comprehensive
Plan.
1. “The City realizes that the 21st Century economy requires flexibility...The City is
striving to strengthen its competitive position by creating an environment and
infrastructure where industries can create, respond, and adjust rapidly.” (Proposed
Draft Comprehensive Plan, p. 2-9.)
Designating this property as “Commercial” or "Mixed Use Community" on the proposed
draft Future Land Use Map would offer the increased flexibility necessary to adapt to
changing economic conditions, without sacrificing the oversight the City feels is
necessary to guide sustainable growth and development. Changing to a “Commercial”
or "Mixed Use Community" designation would better reflect current (and future)
development patterns in the area and promote the flexibility sought in the proposed
draft Comprehensive Plan.
2. “Meridian looks to maintain a balanced mix of land uses based on a holistic
understanding of community character, transportation systems, market realities, and
utility use.” (Proposed Draft Comprehensive Plan, p. iv.)
Existing land uses located near the intersection of Meridian Road and Victory Road
include high density multi-family housing (Red Tail Apartments) and several single family
residential developments. Additionally, within the block in which the subject property is
located (bounded by Victory Road on the north, Amity Road on the south, Meridian
Road on the east, and Linder Road on the west), approximately one-half is designated as
“Medium Density Residential,” approximately two-fifths is “Low Density Residential,”
approximately one-sixteenth is “Med-High Density Residential,” and there’s a sliver of
“High Density Residential.” Only approximately one-sixteenth of the block has anything
other than a residential designation, and that’s “Mixed Use Community” (at the
northwest corner of the intersection of Meridian Road and Amity Road). There is no
expressly “Commercial” designation on that square mile, and there is no “Commercial”
designation located anywhere south of Victory Road. To put that in perspective, if a
person drives east on Victory Road, they cannot turn right to access any property
designated “Commercial.” Within this block, the proposed Future Land Use Map fails to
achieve the “balanced mix of land uses” sought by the Proposed Draft Comprehensive
Plan.
3. “The intent is to… provide the flexibility to accomplish a developer’s vision without
compromising the larger community’s vision and goals.” (Proposed Draft
Comprehensive Plan, p. 1-9.)
Designating the southwest corner at the intersection of Meridian Road and Victory Road
as “Medium Density Residential” fails to achieve the goal of flexibility. A residential
designation like this handcuffs the options for successful development of this corner, at
an intersection that already developed as a commercial node. Applying a designation of
“Commercial” or "Mixed Use Community" here would be much more effective in
ensuring that the strategic pattern of development in this area continues.
4. “Providing expanded opportunities and access to neighborhood shopping and live-
work units could result in reduced pressure on highways.” (Proposed Draft
Comprehensive Plan, p. 1-12.)
Designating the southwest corner at the intersection of Meridian Road and Victory Road
as “Medium Density Residential” eliminates the opportunity for the development of
neighborhood shopping, services, or employment within this block. Including the Red
Hawk Apartments (located immediately east of the site, across Meridian Road), there
are hundreds of existing residential units located south of Victory Road, and with the
designations contained in the proposed draft Future Land Use Map, there will be
hundreds (thousands?) more residential units in the immediate vicinity of the site. With
the prior changes at this intersection, neighborhood services/commercial uses should be
encouraged here.
5. “High-density housing must be strategically located [close] to public transportation,
community services, and employment areas.” (Proposed Draft Comprehensive Plan, p.
2-2.)
The high-density housing currently located on the southeast corner at the intersection
of Meridian Road and Victory Road (Red Tail Apartments) is underserved by the lack of
significant commercial, retail, and employment nearby, in violation of the proposed
draft Comprehensive Plan. Designating this site as “Medium Density Residential” will
limit the availability of nearby sites on which commercial, retail, and employment
centers otherwise could be developed to serve existing residential uses.
6. “Avoid the concentration of any one housing type or lot size in any geographic area;
provide for diverse housing types throughout the City.” (Proposed Draft
Comprehensive Plan, Policy 2.01.01G.)
As previously discussed, the proposed draft Future Land Use Map would label nearly all
property located within the block on which this site sits (bounded by Victory Road on
the north, Amity Road on the south, Meridian Road on the east, and Linder Road on the
west) as either “Low Density Residential” or “Medium Density Residential,” which easily
could qualify this particular block as a concentration of one housing type or lot size
within a geographic area.
7. “Encourage the development of high quality, dense residential and mixed use areas…
along major transportation corridors, as shown on the Future Land Use Map.”
(Proposed Draft Comprehensive Plan, Policy 2.02.01E.)
The goal and objective identified above (to encourage dense residential and mixed use
areas along major transportation corridors) is poorly served by a designation of
“Medium Density Residential” at this site, which is located adjacent to Meridian Road.
8. “Keep the Future Land Use Map current by defining appropriate locations for
industrial, commercial, and office businesses.” (Proposed Draft Comprehensive Plan,
Policy 2.08.03A.)
This site, located at the southwest corner of the intersection of Meridian and Victory
Roads, is a perfect location for commercial development. Failing to designate this site
on the Future Land Use Map as an appropriate location for commercial development, in
light of existing development trends evidenced at the other three corners of this
intersection, will negatively affect the perceived legitimacy of the use designations
shown on the Future Land Use Map.
9. “Create positive, vibrant, and accessible commercial activity centers within the
community.” (Proposed Draft Comprehensive Plan, Policy 2.09.00.)
Designating this site as “Medium Density Residential” on the Future Land Use Map fails
to achieve the policies, goals, and objectives related to developing commercial activity
centers in the community. As previously discussed, there is no land with a
“Commercial” designation south of Victory Road. Designating this site as “Medium
Density Residential” will limit developers’ interest in using the site to create “positive,
vibrant, and accessible commercial activity centers within the community,” which is a
key goal and objective in the proposed draft Comprehensive Plan.
We respectfully request that the southwest corner of the intersection of Victory Road and
Meridian Road be given a “Commercial” or "Mixed Use Community" use designation on the
Future Land Use Map, which would permit a commercial zoning designation (C-C, C-G, or M-E),
upon annexation of these properties into the City of Meridian. As depicted below, such uses
would be compatible with adjoining uses and could facilitate future connections enhancing
overall flow in the neighborhood of pedestrians and vehicles.
Based on the use designations of adjacent properties at this intersection, the location of the site
on an entryway corridor, the objectives of both the existing Comprehensive Plan and the
proposed draft Comprehensive Plan, and the arguments and reasons set forth above, we
strongly believe that the above modifications to the proposed Future Land Use Map will provide
an improved guide to future growth and development of the City.
II. NORTHEAST CORNER, MCMILLAN ROAD AND LOCUST GROVE ROAD.
In the existing Future Land Use Map, the area located immediately northeast of the intersection of
McMillan Road and Locust Grove Road is designated as “Mixed Use Neighborhood.” These parcels have
been annexed and already are within Meridian’s city limits, zoned “Neighborhood Business” (C-N).
Some neighborhood-serving commercial uses are excluded from the C-N zoning district. Two of the
subject parcels are owned by an affiliate of BVA Development, which has encountered difficulty in
attracting users for the property consistent with the existing land use designation and its existing zoning,
due to the small size, difficult configuration, and other complicating factors.
In 2008, the plat of the Woodland Springs No. 1 subdivision was approved and recorded (above, right).
The area within the subdivision is depicted with purple boundaries in the above left aerial depiction,
which also shows (in pink overlay) the extent of the “Neighborhood Business” (C-N) zoning designation
that currently exists on the properties.
A. Circumstances Limiting Development in this Area
Several circumstances involving this area make it difficult, if not impossible, for development to
achieve the goals and objectives contained in either the existing Comprehensive Plan or in the
proposed draft Comprehensive Plan property with a “Mixed Use Neighborhood" use
designation:
1. Small size of the subject area.
The remaining developable land in this area is insufficient to support the range of uses
required in the MU-N designation. The text of the existing Comprehensive Plan
describes the purpose of this land use designation as follows:
The purpose of this designation is to assign areas where neighborhood-
serving uses and dwellings are seamlessly integrated into the urban fabric.
The intent is to avoid predominantly single-use developments by
incorporating a variety of uses. Land uses in these areas should be primarily
residential with supporting non-residential services. Non-residential uses in
these areas tend to be smaller scale and provide a good or service that
people typically do not travel far for (approximately one mile) and need
regularly. Employment opportunities for those living in the neighborhood
are encouraged. Connectivity and access between the non-residential and
residential land uses is particularly critical in MU-N areas. Tree-lined, narrow
streets are encouraged. Developments are also encouraged to be designed
according to the conceptual MU-N plan depicted in Figure 3-1.
Meridian Comprehensive Plan, p. 24.
The following figure, taken directly from the current Comprehensive Plan, depicts the
variety of uses expected in an area with a “Mixed Use-Neighborhood” designation:
Moreover, for Mixed Use – Neighborhood it is contemplated that residential
development will “comprise a minimum of 40% of the development area,” that public or
quasi spaces “should comprise a minimum of 10% of the development area,” and that
“should comply with the items listed for development in all Mixed Use areas.” Id., at 25.
Although there is a small MU-N designated area southwest of this site, the subject area
is far too small to accommodate the type of development expected on property
designated MU-N and is far too small to comply with the Mixed Use requirements under
the existing or future Comprehensive Plan. Properties designated as mixed use either
need to be of substantial enough size to be able to legitimately and economically permit
the mixture of uses and densities called for, or larger areas containing all of those
elements in some form of development be so designated so as to ensure that small
parcels are not evaluated independently of the larger neighborhood for zoning pursuant
to such land use designations.
2. Configuration and Ownership of the Existing Woodland Springs No. 1 Plat.
The configuration of the Woodland Springs No. 1 plat previously approved by the City of
Meridian further limits the type of mixed use development contemplated above makes
development makes it doubly difficult to size the type and intensity of development
expected on property designated MU-N. In particular, although configuration of the
common parcel (designated on the plat as its parcel 2) achieves the desired
connectivity, it uses a significant amount of property (1.184 acres).
Additionally, the location and extent of utility and other easements hampers the type of
development ostensibly sought through the MU-N land use designation. The following
depictions, taken from a recent record of survey of the subject parcels, show the
location and configuration of these easements on the properties:
Additionally the remaining developable parcels, including the platted property to the
north within the area designated MU-N, are not owned by a single controlling entity,
meaning that even if sufficient property existed in this area to achieve the requirements
of the MU-N designation, developing that property would be difficult. The fact that
there are relatively small parcels owned by different parties makes utilization and
development of the undeveloped portion of this site difficult.
3. Lack of stubbed streets.
To the extent that there are residential areas to the north and to the east, there is
presently a significant lack of connectivity to the MU-N designated areas from the
properties that it ostensibly is to serve. The only stubbed street from Sheridan Place is
in a location that will enable its future connection to a parcel that remains in
unincorporated Ada County, with a “Medium Density Residential” use designation in the
FLUM and that is north of the MU-N designated areas.
That street, when constructed and
extended, may allow the subject
parcels to connect to the Sheridan
Place subdivision, but the timeline
for its development will make
coordination and certainty difficult
to achieve.
4. Sufficient existing residential use in the area.
Pursuant to the existing Comprehensive Plan, “[r]esidential uses should comprise a
minimum of 40% of the development area at densities ranging from six to 12 units
/acre” (Comprehensive Plan, p. 25.) in an area designated MU-N. In addition to the
problem of fitting a development that includes 40% residential, the subject properties
are located in the midst of an area that already is inundated with residential
designations and existing housing developments. The existing zoning designations of
nearby properties are shown in the following aerial depiction:
In fact, if the City would allow developers to apply the nearby residentially-zoned
properties (and the existing residential developments are so prevalent in this part of the
city) in calculating the “40% residential” element required in developing properties
designated MU-N, it might be possible to meet the goals and objectives of the Mixed
Use Neighborhood designation on this property. However, that is not how either the
existing or the future Comprehensive Plans designate this site and the larger areas.
B. Supports Objectives of Existing Comprehensive Plan
Again referring to the City’s checklist entitled, “Future Land Use Map Changes: Considerations
when Requesting a Different Future Land Use Designation” (again, the “Checklist”), the following
items in the existing Comprehensive Plan support modifying the proposed draft Future Land Use
Map as we are requesting:
1. “Designate land for a variety of uses.” (Comprehensive Plan, Item # 3.05.01K, quoted
from the Checklist.)
In the area surrounding the subject properties, nearly all properties have a residential
use designation on the current FLUM. To achieve variety in this area, it is necessary to
change the use designation of the subject properties to “Commercial”, which would
provide flexibility in the types of commercial uses allowable on the subject properties
without materially diminishing the significant inventory of properties designated
Residential in this area.
2. “Provide a walkable community through good design.” (Comprehensive Plan, Item #
2.01.01A, quoted from the Checklist.)
Because nearly all parcels located in the area around the subject properties are
designated “Residential,” there is very little land that can be used to provide the types
of services that ensure a community is truly walkable. Pedestrian facilities are not the
only requirement for walkability, but commercial uses that are of the type that serve the
neighborhood help to ensure walkability by providing services that are immediately
required. The subject properties are among the best remaining options for commercial
services in an area that needs commercial services. Our request to redesignate the
subject properties would enable “a walkable community through good design,” a key
goal of the current Comprehensive Plan, by ensuring that true neighborhood serving
commercial services could be provided at this site.
3. “A mixed use project should include at least three types of land uses.” (Comprehensive
Plan, p. 24.)
As previously mentioned, the subject site is very small - it would be very difficult to
accommodate three types of land uses on such a small site, especially with the
anticipated public areas and residential coverage. Redesignating this area as
Commercial would remove the requirement to shoehorn three uses onto this site,
recognizing the existing commercial development that has happened at this location.
4. “Supportive and proportional public and/or quasi-public spaces and places including
but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and
schools are expected; outdoor seating areas at restaurants do not count.”
(Comprehensive Plan, p. 24.)
Again, the small size of the subject site precludes the meaningful allocation of property
to public and/or quasi-public spaces within any project proposed for the site. There just
is not room, particularly if the site also is expected to accommodate three types of land
uses. By loosening the requirement for three uses, redesignating this area as
Commercial could free up property that potentially could be used as public and/or
quasi-public spaces and places.
5. “All mixed use projects should be directly accessible to neighborhoods within the
section by both vehicles and pedestrians.” (Comprehensive Plan, p. 24.)
As discussed above, this site is not accessible from the adjacent neighborhood (Sheridan
Place subdivision), because the only street stubbed from that neighborhood is stubbed
into property that is not within the Mixed Use Neighborhood designation and has not
yet been annexed into the City. Perhaps that future street may provide connectivity to
the subject site, but the unknown timeline for development of the as yet un-annexed
adjacent parcel causes uncertainty, which often results in less intense (and less
desirable) placeholder uses that often become permanent. However, it clearly was not
the intention of the City of Meridian for this intersection to be a significant mixed use
node in light of the fact that only two, small, disconnected parcels were given the MU-N
land use designation.
C. Supports Objectives of Proposed Draft Comprehensive Plan
The proposed draft Comprehensive Plan also supports our request to modify the use
designation of the subject area to Commercial. We believe that a Commercial designation on
the Future Land Use Map better serves the policies and objectives of the proposed draft
Comprehensive Plan. Several examples of such policies and objects follow, with a brief
explanation of each.
1. “Meridian looks to maintain a balanced mix of land uses based on a holistic
understanding of community character, transportation systems, market realities, and
utility use.” (Proposed Draft Comprehensive Plan, p. iv.)
As previously mentioned, most of the land surrounding the subject area is designated
for residential use, and much of it already has homes (predominantly single-family
residences) on it. Under the designations proposed for the draft FLUM, this area does
not represent the “balanced mix of land uses” the Proposed Draft Comprehensive Plan
hopes to achieve.
2.a. “The intent is to… provide the flexibility to accomplish a developer’s vision without
compromising the larger community’s vision and goals.” (Proposed Draft
Comprehensive Plan, p. 1-9.)
- and -
2.b. “The City realizes that the 21st Century economy requires flexibility. … The City is
striving to strengthen its competitive position by creating an environment and
infrastructure where industries can create, respond, and adjust rapidly.” (Proposed
Draft Comprehensive Plan, p. 2-9.)
Designating this area as “Commercial” on the proposed draft Future Land Use Map
would offer the increased flexibility necessary to adapt to changing economic
conditions, without sacrificing the oversight the City feels is necessary to guide
sustainable growth and development. Changing to a “Commercial” designation would
better reflect current (and future) development patterns in the area and promote the
flexibility sought in the proposed draft Comprehensive Plan. If the subject properties
retain their existing Mixed Use Neighborhood designation, there will be no flexibility for
developers to realize their vision. Applying a designation of “Commercial” to these
properties would be much more effective in ensuring that the strategic pattern of
development in this area continues.
3. “Providing expanded opportunities and access to neighborhood shopping and live-
work units could result in reduced pressure on highways.” (Proposed Draft
Comprehensive Plan, p. 1-12.)
As currently designated in the existing FLUM, and as proposed to be designated in the
draft update to the FLUM, the subject properties only would serve to increase the
concentration of residential uses in this area. Adding residential uses to property that
already is adjacent to existing residential uses does nothing to achieve the objective of
the proposed draft Comprehensive Plan to expand neighborhood shopping access and
opportunities. As a result, the pressure on highways will continue to grow. We
respectfully request a re-designation of these properties to Commercial in the draft
FLUM update. These use designations expand developers’ ability to provide the
neighborhood shopping that would help achieve this objective in the proposed draft
Comprehensive Plan.
4. “Keep the Future Land Use Map current by defining appropriate locations for
industrial, commercial, and office businesses.” (Proposed Draft Comprehensive Plan,
Policy 2.08.03A.)
The subject site is an excellent location for commercial development, which would serve
the existing adjacent (but buffered) residential uses, if our request to modify the
designation of the subject area to Commercial.
5. “Create positive, vibrant, and accessible commercial activity centers within the
community.” (Proposed Draft Comprehensive Plan, Policy 2.09.00.)
Designating this site as “Mixed Use Neighborhood” on the Future Land Use Map fails to
achieve the policies, goals, and objectives contained in the proposed draft
Comprehensive Plan related to developing commercial activity centers in the
community. As previously discussed, there is precious little land with a “Commercial”
designation in this area. Failing to designate these properties as Commercial or Mixed
Use Community will continue the trend of limited interest to use the site to create the
“positive, vibrant, and accessible commercial activity centers within the community,”
sought by the proposed draft Comprehensive Plan.
As a result of these circumstances, it has been difficult to identify a user for this site that could
support the types of uses contemplated by the existing FLUM designation and satisfy the mixed
use goals for the land use district. Redesignation of the area northeast of McMillan and Locust
Grove as Commercial will enable development that provides support to high-density housing
and complements and serves existing residential developments. Therefore, we request a
Commercial designation on the FLUM, recognizing the existing C-N zoning, which would permit
other compatible zoning designations in the future, consistent with the existing use.
II. CONCLUSION.
In each of these two areas, the use designations on the updated Future Land Use Map are not supported
by the goals and objectives of either the current Comprehensive Plan or the proposed draft
Comprehensive Plan. We respectfully ask for the use designations in each of these locations to be
changed as follows:
▪ Southwest corner of Meridian Road and Victory Road: Medium Density Residential/Commercial
or Mixed Use Community; and
▪ Northeast corner of Locust Grove Road and McMillan Road: Commercial.
We strongly urge the City to re-evaluate the future land use designations for the properties in each of
these two locations and to recommend to the City Council that these two sites be modified as set forth
herein.
Sincerely,
Geoffrey M. Wardle
Cc: Tommy Ahlquist
Tonn Peterson
Cortney Liddiard