HomeMy WebLinkAbout2019-12-13 Clark Wardle Meridian Housing Response (12-13-19)1
Charlene Way
From:Lynette Cochran <LCochran@clarkwardle.com>
Sent:Friday, December 13, 2019 11:45 AM
To:Meridian City Clerk
Cc:Geoffrey M. Wardle; Hethe Clark; Josh Leonard
Subject:Proposed Comprehensive Plan Policy 3.07.01F - Meridian
Attachments:Letter - Meridian Housing Response (12-13-19).PDF
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Dear Clerk,
Please forward a copy of the attached response to the proposed comprehensive plan policy 3.07.01F to Mayor de Weerd
and the Meridian City Council members, and please include a copy in the record.
Thank you for your assistance.
DEVELOPMENT ATTORNEYS
Lynette Cochran, Legal Assistant
251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701
lcochran@clarkwardle.com | Phone 208.388.1000 | Fax 208.388.1001
PLEASE NOTE NEW SUITE NUMBER EFFECTIVE OCTOBER 4, 2019.
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December 13, 2019
Via Email: (cityclerk@meridiancity.org)
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
City of Meridian, Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
Re: Proposed Comprehensive Plan Policy 3.07.01F
CW File No. 23693.0
Dear Mayor and City Council,
We represent a variety of property owners within the City of Meridian and its area of impact. We
are concerned by the late unvetted inclusion of the following policy:
Policy 3.07.01F - Provide a minimum one -acre lot when proposing residential development
adjacent to existing rural estate residential properties that are 5 -acres and where
transitional buffers such as roadways and linear open space do not exist.
Our objections are as follows:
First, this policy is ambiguous and it is difficult to determine how it would be codified. The term
"rural estate residential" appears nowhere in the proposed plan, nor does it appear anywhere in the existing
Unified Development Code. There is no explanation of how the foregoing policy would integrate or apply. Is
it intended to apply only adjacent to existing County zoned projects within the RUT zone? If so, then the City
is essentially abdicating land use control to Ada County. Is it applicable to other large lots in the County that
are adjacent to existing, more intensively zoned parcels in the City of Meridian?
Without much clearer language, this policy will be cited as a basis for owners of large lot properties
to object to and to contest larger master planned projects. A plethora of large lot parcels surrounded by
larger developments exist throughout Meridian. This policy will significantly impact the City's ability to
provide a variety of housing types, which is a comprehensive plan mandate. In doing so, it will restrict the
possibility of larger projects with a variety of housing types, and it will adversely affect the development of
smaller parcels consistent with the goals of the comprehensive plan.
T. Hethe Clark Geoffrey M. Wardle Joshua J. Leonard T: 208.388.1000 251 E Front St, Suite 310
F: 208.388.1001 PO Box 639
clarkwardle.com Boise ID 83701
December 13, 2019
Page 2
Second, codification of such a policy would functionally create a new, even lower density residential
district than present in the existing Unified Development Code. It is unclear if or how the lost permitted
density would be preserved. Where the current Low -Density Residential district contemplates approximately
3 units to the acre, would the policy support reducing the dimensional standards to permit the underlying
base density to be met? Has there been consideration as to the impact the policy will have on existing
service and utility plans and the stated goal that "all development within its Area of City Impact ... be served
with urban services"?
Third, it is unclear what "residential development' this goal would apply to. We fear that this is an
attempt to further reduce and eliminate alternative housing product, be it multi -family, attached single-
family, or smaller lot single-family dwellings that are otherwise permitted (and, in fact, encouraged) under
the existing comprehensive plan and zoning. We strongly caution the City not to be enraptured by the siren
call of those that live on large lots advocating for preservation of their "rural lifestyle" when, as a matter of
policy and practice, one-, or even five-, acre estate lots do nothing to preserve farm land or ruralness. All this
does is limit the development of housing that is affordable, accessible, and has been appropriately planned
by the City of Meridian.
Fourth, the late proposal of this provision, after the prior review of the proposed plan by the public,
the steering committee, the Planning and Zoning Commission, and the initial hearing by the City Council, is
problematic. To our knowledge, there has been no meaningful discussion of this policy. Introducing a
material change shortly before the purported final adoption of the amendments to the plan defeats the
purpose of the process set forth in Idaho Code Section 67-6509.
This is a material change, due to the significant impact it will have on a wide variety of properties.
Introducing it at a hearing that has been continued complies with neither the spirit nor the letter of Idaho
Code Section 67-6509, which provides that "if the governing board makes a material change in the
recommendation or alternative options contained in the recommendation by the commission concerning
adoption, amendment or repeal of a plan, further notice and hearing shall be provided before the governing
board adopts, amends or repeals the plan." (Emphasis added).
This proposed amendment is, in short, problematic from a planning and process standpoint. We
urge the City Council to remove it from consideration.
rinroraly
cc: Caleb Hood