HomeMy WebLinkAboutRequest for Continuance (2)Page 1 of 2
Machelle Hill
From:
Jacy Jones
Sent:
Wednesday, February 24, 2010 3:55 PM
To:
Machelle Hill
Subject: FW: Amity/Meridian Notice
Jacy Jones
Deputy City Clerk
City of Meridian
'ioa, nes(abmeridiancity.org
208-888-4433 ext.
From: Peter Friedman
Sent: Wednesday, February 24, 2010 3:09 PM
To: Jaycee Holman; lacy Jones
Cc: Bill Parsons; Bill Nary
Subject: FW: Amity/Meridian Notice
FYI
Pete
Pete Friedman, AICP
Deputy Planning Director
33 E. Broadway Ave.
Meridian, ID 83642
phone (208) 884-5533
fax (208) 489-0576
From: Brandon Whallon [mailto:bwhallon@hcollc.com]
Sent: Wednesday, February 24, 2010 3:05 PM
To: Peter Friedman
Cc: Bill Parsons; Tracy Vance
Subject: RE: Amity/Meridian Notice
Pete,
Upon further consideration, we feel that it is prudent at this time to ask for a continuance of our annexation,
zoning and variance requests that are currently scheduled to be heard by the City Council on March 2"d. If you
see fit, we can come to that meeting and give a brief explanation of where we are at in our procedural process
with the IDT appeal. We feel that process will be done, one way or the other, by May 25th, which is the date that
we desire to continue the hearing until.
If you have any comments or questions, please let me know.
Thank you.
Brandon Whallon
Pre -Development Project Manager
(208) 908-5576 Office
(208) 860-4076 Cell
2/24/2010
Page 2 of 2
From: Peter Friedman [mailto:pfriedman@meridiancity.org]
Sent: Friday, February 19, 2010 2:50 PM
To: Brandon Whallon
Subject: RE: Amity/Meridian Notice
Thanks Brandon. At this point the 16th may be problematic and we may not have a full Council until the 23rd, but I
am waiting to confirm.
At this juncture we can continue to the 16th and continue the 23rd if necessary. Also, we will be forwarding the bill
for the publication to you as Council had directed the applicant pay for renotice.
Pete
Pete Friedman, AICP
Deputy Planning Director
33 E. Broadway Ave.
Meridian, ID 83642
phone (208) 884-5533
fax (208) 489-0576
From: Brandon Whallon [mailto:bwhallon@hcollc.com]
Sent: Friday, February 19, 2010 2:45 PM
To: Peter Friedman; Bill Parsons
Cc: Jason O'very; Tracy Vance
Subject: Amity/Meridian Notice
Pete and Bill,
Please find the following documents:
• Certificate of Notice ("Letter to City of Meridian" .pdf);
• Pictures of each posted sign; and
• Copy of the Notice that was posted (February 19.doc).
If the Council does not have a quorum on the 2"d of March, we understand that they will probably continue the
hearing to the March 16th Council meeting. If they DO have a quorum on March 2nd, we are ready for the March 2
hearing date.
Thank you.
Brandon Whallon
Pre -Development Project Manager
(208) 908-5576 Office
(208) 860-4076 Cell
2/24/2010
CITY OF MERIDIAN
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the
Laws of the State of Idaho, that the Meridian City Council of the City of Meridian will hold a public
hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 7:00
p.m. on Tuesday, March 2, 2010, for the purpose of reviewing and considering the application AZ
08-005 of Hawkins Companies for Annexation and Zoning of 73.10 acres from RUT in Ada
County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres)
and C-C (Community Business) (30.72 acres) and C-G (General Retail and Service Commercial)
(33.47 acres) zoning districts for Meridian and Amity; and
Furthermore the applicant requests application VAR 08-008 for Variance to UDC 11-3H-4
which prohibits new approaches from directly accessing a state highway to allow 2 right -in / right -out
access points (approximately 660 feet from the north and south intersections) and 1 right -in / right -
out / left -in access point at the '/4 mile to State Highway 69 / Meridian Road for Meridian and Amity
generally located NWC of W. Amity Road and S. Meridian Road, south of Harris Street.
A more particular description of the above property is on file in the Planning Department, 33
E. Broadway Avenue, and is available for inspection during regular business hours, Monday through
Friday, from 8:00 a.m. to 5:00 p.m. You may contact the Planning Department at (208) 884-5533
during regular business hours. A copy of the application is available to review upon request.
Any and all interested persons shall be heard at said public hearing, and the public is
welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per
person. Written materials should be submitted to the City Clerk's Office at 33 E. Broadway Avenue,
Meridian, Idaho 83642, (208) 888-4433 or fax (208) 888-4218 no later than seven (7) days prior to
the above hearing date so that all interested parties may examine them prior to the hearing. All
materials presented at public meetings shall become property of the City of Meridian. Anyone
desiring accommodation for disabilities related to documents and/or hearings, please contact the
City Clerk's Office at (208) 888-4433 at least 72 hours prior to the public meeting.
The Ada County Highway District may also conduct public meetings regarding this
application. If you have questions about the traffic that this development may generate or the impact
of that traffic on streets in the area, please contact the Ada County Highway District at (208) 387-
6170.
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DATED 4of February, 2010 TF
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MERIDIAN, ID 83642-0000 BUISE, ID 83707-0027 MERIDIAN, ID 83642-0000
BEESON JAMIE LYNN & ROBERTSON BENNETT IRENE T BIER KAREN M
VIRGINIA M 3940 S MCGUIRE ST 3980 S MCGUIRE ST
3960 S MCGUIRE ST MERIDIAN, ID 83642-6980 MERIDIAN, ID 83642-6980
MERIDIAN, ID 83642-0000
BRONSON M BROWN ERIC BRUMLEY NATHAN F & BRUMLEY
PO BOX 195 372 W BLOOMINGTON DR DEBRA L
EAGLE, ID 83616-0195 MERIDIAN, ID 83642-0000 383 W BLOOMINGTON DR
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BUDDEN MARTIN E & BUDDEN DANNER LESLIE F & DANNER DARNELL RUSE M
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377 W BLOOMINGTON 170 W HARRIS ST 7620 RIVERFRONT DR MERIDIAN, ID 8364 ON
MERIDIAN, ID 83642-6950 MARSING, ID 83639-0000
DBSI TANANA VALLEY LLC DBSI TANANA VALLEY LLC FORD JEANETTE
12426 W EXPLORER DR 12426 W EXPLORER DR 3975 S CARBONDALE ST
BUISE, ID 83713-1572 BUISE, ID 83713-1572 MERIDIAN, ID 83642-6979
FRANKEN SHIRLEY A FROST DAVID E GATES CRAIG L & GATES SHAWNA G
3898 S SPRINGFIELD AVE 5405 HIGHWAY 30 S 256 W HARRIS ST
MERIDIAN, ID 83642-0000 NEW PLYMOUTH, ID 93655-0000 MERIDIAN, ID 83642-0000
GIBSON CRAIG L GIBSON KATHRYN J & GIBSON ARTHUR GONZALEZ RAFAEL & GUTIERREZ
PO BOX 395 B AURORA
MERIDIAN, ID 83605-0000 3935 S MCGUIRE ST 4919 WESTON AVE
MERIDIAN, ID 83642-6980 CALDWELL, ID 83605-0000
GRH GLENWOOD LLC & JLO HOLDINGS GRH GLENWOOD LLC & JLO HOLDINGS GRH GLENWOOD LLC & JLO HOLDINGS
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BUISE, ID 83702-7153 BUISE, ID 83]p��l 13
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HALTER LISA MICHELLE HANCOCK SHERRY C
380 W BLOOMINGTON DR HELTON RICHARD L & HELTON BONNIE
MERIDIAN, ID 83642-0000 3965 S MCGUIRE ST JMERIDIAN, ID 83642-0000 3915 S MCGUIRE ST
MERIDIAN, ID 83642-6980
HEZELTINE MICHAEL L HOFERT FAMILY TRUST
20 W HARRIS ST 2180 N LOCHNESS WAY INTERMOUNTAIN GAS COMPANY MERIDIAN, ID 83642-0000 MERIDIAN, ID 83646-5725 PO BOX 7608
BUISE, ID 83707-1608
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322 W HARRIS ST
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LAIDLAW VICTORIA A
3102 S BEAR CLAW WAY
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LARREA CAROL
90 W HARRIS ST
MERIDIAN, ID 83642-6948
MCCURDY WILLIAM E & MCCURDY
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CHALLIS, ID 83226-9306
MORFIN VICTOR & MORFIN ALMA L
3904 S SPRINGFIELD AVE
MERIDIAN, ID 83642-0000
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3955 S MCGUIRE ST
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SALE CHARLES M & SALE NITA M
3869 S SPRINGFIELD AVE
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3102 S BEAR CLAW WAY FRANCES
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384 W BLOOMINGTON DR 3942 S MCGUIRE ST
MERIDIAN, ID 83642-6942 MERIDIAN, ID 83642-0000
MCWILLIAMS WARREN KURT & MICR JASON T & MICE JARED P
MCWILLIAMS SANDRA LEE 366 W HARRIS ST
772 N MAIN ST MERIDIAN, ID 83642-0000
TOOELE, UT 84074-1612
MUSSELL MIKE & MUSSELL PATTY NORTHWEST PIPELINE CORP
PO BOX 3304 295 CHIPETA WAY
NAMPA, ID 83653- 0•' SALT LAKE CITY, UT 84159-0900
PATTON RICHARD W PEAK BROADCASTING OF BOISE LLC
395 W BLOOMINGTON DR 827E PARK BLVD # 100
MERIDIAN, ID 83642-0000 BOISE, ID 83712-0000
SHEFFIELD NANCY S SIMMONS TROY
1755 FAIRVIEW AVE 45 SPRINGFIELD AVE
FRUITLAND, ID 83619-3714 MERIDIAN, ID 83642-6933
TRAVESS TRINA A WALL CLINTON R & WALL STACY G
376 W BLOOMINGTON DR 5125 N SCHUBERT AVE
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Page 1 of 1
Tara Green
From: Bill Parsons
Sent: Wednesday, June 03, 2009 8:00 AM
To: Tara Green; Barbara Shiffer
Subject: Meridian and Amity AZ Continuance
Follow Up Flag: Follow up
Flag Status: Green
The first hearing is October 6, 2009.
Bill Parsons
Associate City Planner
Meridian Planning Department
33 E. Broadway
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@meridiancity.org
6/5/2009
Pagel of 2
Tara Green
From: Bill Parsons
Sent: Wednesday, June 03, 2009 7:59 AM
To: Tara Green; Machelle Hill; Barbara Shiffer
Subject: FW: Meridian and Amity Annexation Process
Follow Up Flag: Follow up
Flag Status: Green
For the Meridian and Amity Annexation and Variance files.
Thanks,
Bill Parsons
Associate City Planner
Meridian Planning Department
33 E. Broadway
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons@meridiancity.org
From: Brandon Whallon [mailto:bwhallon@hcollc.com]
Sent: Tuesday, June 02, 2009 3:05 PM
To: Brandon Whallon; Bill Parsons; Jason O'very; tvance@hcolloc.com
Cc: Peter Friedman
Subject: RE: Meridian and Amity Annexation Process
Pete and Bill,
First and foremost, thank you very much for taking the time to meet us yesterday on such short notice.
Last time we were before City Council, they asked us to seek a more clear definition as to how our development
will work with the existing Northwest Pipeline, as well as defining access from State Highway 69.
We feel that the new language that you presented yesterday requiring an encroachment agreement prior to
commencing work, along with specific screening provisions, will provide the City, Williams and Hawkins
Companies the assurance that all work will be done in a safe manner.
As for access to the site from Meridian Road, we have appealed the District 3 denial of access to the Chief
Engineer. He affirmed District Ts previous decision (of denying access from Meridian Road), so our next step in
the process is to appeal this decision to the Idaho Department of Transportation legal department.
Due to the anticipated length of this step in the process, we would like to table our annexation/zoning and access
variance processes with the city until the first City Council meeting in October of 2009.
If you have any comments or questions, please do not hesitate to contact me at your earliest convenience.
Thank you.
Brandon Whallon
Pre -Development Project Manager
(208) 908-5576 Office
(208) 860-4076 Cell
6/5/2009
Page 2 of 2
From: Brandon Whallon
Sent: Friday, May 29, 2009 1:23 PM
To: Bill Parsons; Jason O'very; tvance@hcolloc.com
Cc: Peter Friedman
Subject: Meridian and Amity Annexation Process
Greetings Bill and Pete,
At this time, Hawkins Companies would like to hold off on hearing our before city council that is currently
scheduled for June 9th. It appears that we will need to seek further remedy from current ITD decisions, and I do
not anticipate resolving these access issues within the next 90 days.
Thank you for your assistance in this matter. As always, please call if you have any questions.
Brandon Whallon
Pre -Development Project Manager
(208) 908-5576 Office
(208) 860-4076 Cell
6/5/2009
HAWKINS
COMPANIES
C O M M E R C I A L D E V E L O P E R S
E ,.I
August 16, 2010 AUG 16 r'
Mr. Bill Parsons City of Meridian
City of Meridian Planning Department Planning Department
33 East Broadway
Meridian, ID 83642
RE: Request for Public Hearing Continuance
Mr. Parsons,
In reference to your July 71h e-mail, we understand that this process has been continued
for an extended period of time. However, we have continued to follow the City's request
to continue both the application and variance request, until such time that our access
request from the Idaho Transportation Department was final. Hawkins Companies
respectfully requests the Meridian City Council to continue our Annexation and Zoning
request (AZ-08-05) and our Access Variance request (VAR-08-008) for the term of one
(1) year, to the August 16, 2011 hearing date. We are seeking the continuance for a time
period that will allow us to finalize our pending lawsuit against the Idaho Transportation
Department for access to Meridian Road. We believe that this process will take between
nine to twelve months.
We are fully prepared to move forward on any actions that the City Council would like to
consider regarding our Annexation and Zoning petitions. However, on the advice of
legal counsel, we can not pull our formal Access Variance request from the City as it
would have an adverse impact on our lawsuit against ITD. We understand that it is
taking an extended period of time, but we have continued to follow the City's request to
resolve access issues before presenting again. Please understand that we are doing our
best to move forward as expeditiously as possible.
As you are aware, when ITD sought to widen Highway 69 from I-84 to the city of Kuna,
that state agency had to justly compensate the land owners for their property that would
be "taken" for the road improvements. The land owners were granted deeded access
points from their property to the state highway system as just compensation. Certainly,
the land owners believed that they received a tangible land right (access) that had value
for the land that they relinquished to the state.
In light of this history, (deeded access points conveyed to the land owners as
compensation), one might think that resolving this matter would be straightforward.
However, resolution has not been free from surprises. For example, ITD appointed Mr.
Magel as the Hearings Examiner to hear our appeal of their decision to deny access. On
February 12, 2010, he submitted his Recommended Findings of Fact and Conclusions of
Law concluding, in our favor, that the denial of the deeded access to Meridian Road was
a "taking", requiring just compensation. Immediately thereafter, the department filed a
Motion to Reconsider. Surprisingly, on April 261h, the hearing officer issued a final
Memorandum Opinion in which he completely reversed his earlier decision, and without
explanation, he upheld the Department's decision to deny access. Of significance, neither
the law nor the facts had changed; thus, the need to file our pending lawsuit.
We believe that the City's review process that has brought us to this point has resulted in
a conceptual plan that all stake holders can be proud of. It is a true mixed -use
development that will provide retail, non -retail, office and residential uses to an area that
ahs been specifically identified to the intensities that we have proposed.
However, without access to Meridian Road, we believe that our commercial development
has no real chance of success. Merchants will look elsewhere for store locations that
have greater sales potential and increased likelihood of success. Becky McKay, who is a
respected land -use planner in the Treasure Valley, has provided testimony in our case
with ITD, stating that commercial development, without direct access to Meridian Road,
would support 0% commercial; 60% office, and 40% residential. That is not the type of
development that the City of Meridian anticipated when it designated this area suitable
for a Regional, Mixed -Use land uses.
We stand behind the conceptual plan that has been generated on behalf of this
application. Hawkins Companies is eager to present facts and findings that will support
our annexation request into the City of Meridian with the land use designations R-15
(Medium High -Density Residential); L-O (Limited Office); C-C (Community
Commercial); and C-G (General Commercial).
Thank you for your consideration of our request to continue our Access Variance,
Annexation and Zoning requests for the term of one year.
Respectfull submitted,
Brandon Whallon
Project Manager
Hawkins Companies
Page 1 of 1
Jaycee Holman
From: Bill Parsons
Sent: Tuesday, December 15, 2009 10:49 AM
To: Barbara Shiffer; Machelle Hill; Jacy Jones; Jaycee Holman
Cc: Peter Friedman
Subject: FW: Meridian and Amity Annexation
Here is the request for continuance from the applicant for the Meridian and Amity Annexation scheduled for
tonight's hearing.
Thanks,
Lill
From: Brandon Whallon [mailto:bwhallon@hcollc.com]
Sent: Tuesday, December 15, 2009 10:46 AM
To: Bill Parsons
Cc: Tracy Vance
Subject: Meridian and Amity Annexation
Greetings Bill,
Hawkins Companies is still working through our appeal process with Idaho Transportation Department, and
hereby request to table our annexation/zoning request until March 2, 2010.
Please contact me if you have any comments or questions.
Thank you,
Brandon Whallon
Pre -Development Project Manager
(208) 908-5576 Office
(208) 860-4076 Cell
12/15/2009
Page 1 of 1
Jaycee Holman
From: Bill Parsons
Sent: Friday, October 02, 2009 2:05 PM
To: Jaycee Holman; Machelle Hill
Subject: FW: Meridian and Amity Annexation and Zoning Process
From: Tracy Vance [mailto:tvance@hcollc.com]
Sent: Friday, October 02, 2009 2:02 PM
To: Bill Parsons
Cc: Peter Friedman; Brandon Whallon; Jason O'very
Subject: Meridian and Amity Annexation and Zoning Process
Bill,
As discussed in our telephone conversation earlier today, the following is the current status of our legal appeal
with ITD:
10/6/09 — Partial summary judgment hearing before the Hearing Officer.
11/17/09 — Final hearing before the Hearing Officer.
We expect a written report from the Hearing Officer within 2-3 weeks after the Final Hearing. Hopefully, we will
have obtained the necessary approvals at that time. Therefore, we would like to be in a position to be heard
before the City Council at the December 15th hearing.
Again, we would like to reiterate that if Meridian would condition its approval of access to the outcome from the
ITD hearings, we would go forward with City Council.
Thanks,
Tracy
Tracy V. Vance
Senior Counsel
Hawkins Companies
855 W. Broad Street, Suite 300
Boise, Idaho 83702
Phone: 208-376-8522
Direct: 208-908-5545
Cell: 208-860-6582
Fax: 208-376-8523
Email: tvanceghcollc com
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10/2/2009