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Home My WebLink About2019-11-26 Clarke Wardle Development Attorneys follow-up to hearing testimony (FLUM & Comp Plan requests), final (11-26-2019) Joshua J. Leonard 208.388.1000 JLeonard@ClarkWardle.com Sent via Email to: cityclerk@meridiancity.org November 26, 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 33 E. Broadway Avenue Meridian, Idaho 83642 Re: Modifications to draft Future Land Use Map & Comprehensive Plan – NE Corner of McMillan Road and Locust Grove Road CW File No. 23597.20 Dear Mayor and Council Members, This letter follows up on the testimony I presented during last week’s public hearing on the proposed draft changes to the Comprehensive Plan and the Future Land Use Map. Toward the end of my testimony, I was asked which parcels we wanted redesignated as Commercial. Below, shown in orange, are the four parcels that we ask be redesignated as Commercial: November 7, 2019 Re: Modifications to draft Future Land Use Map & Comprehensive Plan – NE Corner of McMillan Road and Locust Grove Road Page 2 of 2 These four parcels are identified by the Ada County Assessor as parcel numbers R9525350100, R9525350200, R9525350350, and S0529336230. I was also asked about the size of the area depicted in orange, but I did not have the answer readily available. The area in orange is approximately 7 acres. As you know, there is a Maverik on the parcel closest to the intersection, and multi‐tenant retail space is under construction on the smaller square‐ shaped parcel. The vaguely Z‐shaped parcel that runs through the site is nearly entirely covered with easements for utilities, cross‐access, and parking, leaving only the northernmost parcel, which consists of 3.4 acres, to be developed. At the October public hearing held by the Planning and Zoning Commission, City staff reiterated its belief that our client could develop this property simply by submitting an application to amend the existing development agreement. Our client happily would submit a development application for this site, but any development application would encounter a circular problem: Unless the current Mixed Use Neighborhood use designation on this site is changed to Commercial, any requested development agreement amendment or zoning change for this site will fail, because any such change must be “in accord with” or “comply with” or be “in conformance with” the Comprehensive Plan’s Mixed Use Neighborhood designation for this site. (See Meridian City Code Sections 11‐1‐2, 11‐5B‐2, 11‐5B‐3(E), and 11‐6B‐6, respectively.) As I testified at last week’s public hearing, the developable land at this site is insufficient to accommodate the range of uses required for property designated Mixed Use Neighborhood. No development agreement amendment or zoning change can meet the “in accord with,” “comply with,” or “in conformance with” requirements so long as the use designation remains Mixed Use Neighborhood. The use designation first must be changed to Commercial, or our client will remain stuck in this circular problem, without a viable path forward for development at this site. We strongly urge the City to re‐evaluate the future land use designation for this site, and to re‐designate it as Commercial. Sincerely, Joshua J. Leonard Cc: Tommy Ahlquist Cortney Liddiard Tonn Peterson Geoff Wardle Brian McClure (via email to: bmcclure@meridiancity.org) Caleb Hood (via email to: chood@meridiancity.org)