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HomeMy WebLinkAboutRequest for Reconsideration Sharon Smith From: Sent: To: Cc: Subject: Frank Lee [franklee@givenspursley.com] Thursday, February 22, 2007 3:38 PM Sharon Smith Will Berg; Ted Baird; C. Caleb Hood; Matt Morgan; Tim Hansen; Ryan Gregersen Request for Reconsideration -- Woodland Springs Professional Park. Attachments: Reconsideration Letter.PDF -= Reconsiderati Letter.PDF (3' Dear Ms. Smith: Please accept the following letter requesting reconsideration of the City Council's denial of an annexation/zoning application for Woodland Springs Professional Park -- AZ-06-054. As Matt Morgan and Dr. Hansen would like to be present when the City Council considers this request, please let me know when you have scheduled this request for a particular City Council meeting. Also, please let me know if anything further is needed for this request to be considered. Thank you. Franklin G. Lee GIVENS PURSLEY LLP 601 W. Bannock Street PO Box 2720 Boise, Idaho 83701 (208) 388-1200 Telephone (208) 388-1243 Direct Dial (208) 388-1300 Fax www.givenspursley.com 1 Morgan Development Inc. P.O. Box 1604 Idaho FaIls, Idaho 83403 (Office) 208-529-3312 (Fax) 208-529-5563 February 22, 2007 Mayor de Weerd Meridian City Council 33 E. Idaho Street Meridian, Idaho 83642 Re: Request tor ReconsIderation Woodland Springs Professional Park - A2-06-054 Dear Mayor de Weerd and COWlciI Members: We respectfully request reconsideration of the February 13,2007 denial of annexation/zoning approval for Woodllind Springs Professional Park. The City Council prefers to consider annexation/zoning/preliminary plat applications together, and denied our annexation/zoning application bei:ause it was not accornpBnied by a preliminary plat application. The City Council's decision caught LIS by surprise because we thougbt we were following an acceptable application process. After discussing the denial with the planning staff, we have come to realize that there has been a misundl..-rstanding as to the type of plat We are proposing for the project. We are proposing a condominium plat, not a subdivision plat. Because the City's preference is to process condominium plats gJkr. the project has been completed, not during the annexation/zoning process, we think that our project is appropriate for reconsidemtion. This is our fin;t project in the City of Meridian. We did not understand the ditl'erence in the way the City prefers to process condominium plats versus subdivision plats. For that reason we were, frankly, not careful with our plat tenninology. Understandably, the City Council assumed that we planned a customary land subdivision for the project. We actually intend to develop the project under single ownership for lease to medical, dental and other professionals. Because many professiona.ls desire to own their own office space, we intended to condominiumize the buildings in the future (after development) so individual office space units can be sold to those professionals who desire to own their space. . We originaUy thought that the access and ACHD right~of-way issues would be worked out in the normal certificate of zoning compliance process (commonly referred to as the "CZC process"). After hearing staffs concerns at the Planning and Zoning Conunission hearing, we thought the City wanted us to begin processing a plat application for the project to help bring the access and ACHDright-of-way issues to a decision )Xlint earlier. This appears to be where the misunderstanding started. The staif and the Planning and Zoning Commission thought we were going to file a land subdivision application that I Mayor de Weerd Meridian City COWlCil February 2.2, 2007 Page 20f2 would "catch up" with the annexation/zoning application. Welhought we were going 10 prepare a condominium plat !IS part of the CZC process for a later condo approval. We want to be clear that our intention is to follow the City of Meridian's normal process. We will submit our applications in any format or procedure the City desires. AIl annexation/zoning approval followed by the nonnal CZC process is appropriate for projects of this type, and it is the staff s preferred approach for condominium projects. In its report to the City Council, the planning staff expressed some concerns about enforcing Ihe temporary aceess from McMillan Road without a plat and plat notes. We unde~tand staff's concerns and welcome giving the City practical and efficient eilforcemcntrights. In this case, however. we have already agreed to a development agreement with any conditions necessary to ensure the project is developed as envisioned and to ensure all conditions are properly enforced. The temporary access issue is exactly the type of condition that development agreements are designed to enforce. A condo plat and plat notes would not provide the City with a better enforcement tool than a development agreement. The annexation/zoning denial will probably cause us about four or five months of delay, but the real price will be paid by Dr. Tim Hansen. Dr. Hansen currently leases space in a building that is too small and does not have enough parking for his client base. Dr. Hansen loves the City of Meridian and considers the Woodland Springs site to be an ideal location for his community dentistry practice. Dr. Hansen's lease will expire on March 31, 2008. and his landlord will not renew the lease without a rriinimum renewal period of 5 years. The problem is that we will barely have enough time to get the necessary approvals and construct Dr. Hansen's dental office building if the annexation/Zoning is approved soon. We can't commit that we will have his space ready for occupancy before his current lease expires if we must wait for a preliminary plat application to be filed, reviewed and approved. In short. the denial has placed Dr. Hansen in a very tough position. While we may only lose some time, Dr. Hansen will very likely lose the opportunity to relocate and expand his practice to bis preferred location in the City of Meridian. For the reasons set forth above, we respectfully request that you reconsider your denial of the annexation/zoning approval for Woodland Springs Professional Park_ Respectfully, ~ M.ttM",_ ~ ] cc: will Berg, City Clerk Theodore W. Baird, Assistant City Attorney C. Caleb Hood, Planning & Zoning Department Dr. Tim Hansen Sharon Smith From: Sent: To: Cc: Subject: Frank Lee [franklee@givenspursley.com] Thursday, February 22, 2007 3:38 PM Sharon Smith Will Berg; Ted Baird; C. Caleb Hood; Matt Morgan; Tim Hansen; Ryan Gregersen Request for Reconsideration ~- Woodland Springs Professional Park. Attachments: Reconsideration Letter.PDF -rI Reconsiderati Letter.PDF (3' Dear Ms. Smith: Please accept the following letter requesting reconsideration of the City Council's denial of an annexation/zoning application for Woodland Springs Professional Park -- AZ-06-054. As Matt Morgan and Dr. Hansen would like to be present when the City Council considers this request, please let me know when you have scheduled this request for a particular City Council meeting. Also, please let me know if anything further is needed for this request to be considered. Thank you. Franklin G. Lee GIVENS PURSLEY LLP 601 W. Bannock Street PO Box 2720 Boise, Idaho 83701 (208) 388-1200 Telephone (208) 388-1243 Direct Dial (208) 388-1300 Fax www.givenspursley.com 1