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HomeMy WebLinkAboutRequest for Reconsideration May 4, 2006 J~. !~eQ~m~,~~ RECEIVED MAY 0 4 2006 CITY OF MERIDIAN CITY CLERK OFFICE Anna Borchers Canning Planning Director Planning Department 660 E. Watertower, Ste. 202 Meridian, ID 83642 RE: PP~06-002 and V AR-06-002 Gateway Marketplace Dear Ms. Canning: Please consider this letter our formal request for reconsideration of our variance application V AR-06-002 for two access points onto Eagle Road/SH 55 and to our Preliminary Plat approval PP-06-002. City council denied our variance request and approved our Preliminary Plat request at its regular hearing date held April 18, 2006. We are requesting reconsideration of the variance to access Eagle Road and our preliminary plat conditions as they relate to Eagle Road access. James Kissler and Gateway Marketplace, LLC are the current landowners and are requesting the reconsideration. Landmark Development Group, LLC and Meuleman & MoIlerup LLP are representatives for the landowners. In April 2004, Me. Kissler annexed and rezoned the property in question. At this same time he entered into a Development Agreement with the City of Meridian. The Development Agreement references access in several sections. A conceptual master plan showed the interconnectivity, transitional uses, access points and zoning and was approved by that City Council and recorded with the Development Agreement. It is clear that the landowners desired access to Eagle Road in the concept plan but the City did not outright approve it at that time. The Development Agreement states that the property owners are to work with the Idaho Transportation Department for any access to Eagle Road. Section 6.B.5. clearly states "Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the Idaho Transportation Department District III Traffic Engineer Dan Coonce at 334-8300." Mr. Kissler immediately started working with lTD. A traffic analysis indicated that access could be safely designed at points approximately between 780' and 930' and at the 14 mile point. ITD informed Mr. Kissler in writing of the access approval in October 2004. Additionally the Development Agreement states that access be "allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage 1882 Toluka Way Boise. ID 83712 ;:'~208.342.4516 ",; 208.342.4515 . ~ " - . . - , . ., or backage road. At present, this backage road is planned but it does not connect anywhere except Ustick Road. We are requesting access to Eagle Road until such time as the backage road system connects to the Y:z mile point on Eagle Road and connects to Fairview Avenue at Records Ave. The City has followed the Development Agreement on every other issue but access. We do not believe it is fair to pick and choose items. Refusing to honor material elements of the Development Agreement, calls into question the efficacy of the Development Agreement and annexation altogether. Other properties at this same intersection enjoy access at the same distances from the intersection that we are requesting. Mr. Winston Moore's property was annexed and zoned in 2003. He was granted a variance for three access points onto Eagle Road in November 2005. The Kissler and Moore properties are identical: Both properties were annexed and rezoned a few years ago. Both properties are processing a preliminary plat application. Both properties have access to U stick Road, although the Moore property has three accesses including one at a traffic signal and this property has two access points none of which are signalized. Both properties will eventually have access to a backage road. Both properties have been granted access approval by lTD. The Meridian City Council approved three access points onto Eagle Road for the Moore property. The Meridian City Council denied access onto Eagle Road for the Kissler property. The Meridian City Council has unfairly granted access to one property and denied access to another. Additionally, we have discovered that the pre-council meeting on April 18th included a presentation by a traffic engineer regarding access. We were not given the opportunity to hear that presentation prior to our public hearing and subsequently defend our position and show council how our property can access a state highway in a safe and efficient manner. We respectfully request reconsideration of our variance and preliminary plat applications as they relate to Eagle Road access. Thank you in advance for your time and consideration. Sincerely, ~~ CC: Michael Baldner, Meu\eman & Mollcrup LLP Don Copple, Davison, Copple, Copple, & Cox Jim Kissler