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HomeMy WebLinkAboutLetter from Shawn NickelRosE LAW GROLIP BORTON May 6, 2008 Anna Canning Meridian Planning Department 33 E. Idaho Street Meridian, Idaho 83642 RE: Browning Plaza City Council Hearing on May 6, 2008 Dear Anna; ~~ ~.J ~ ~ ~ MAY 0 6 2008 ~ity Of Meridian City Clerk Oflic~ Just thought I would send you a quick update on where we are headed with the meeting this evening. As you know, we are now working with a national developer that is interested in the property. With that, we have a better understanding of the project that my client has been working on for the last few years. It has always been our stance that we wanted as much flexibility with the concept design, elevations, uses, etc. until we had a clearer understanding of the end user. Although we are not to that point yet, working with a developer such as this has given us insight in what to request for them to continue through the process. Therefore, I would like to briefly lay out what we are going to be discussing this evening so as not to catch you off guard tonight. As you know, your department and the Planning and Zoning Commission have recommended specific conditions of approval regarding off-site improvements and use restrictions adjacent to the existing residential properties on the west and north boundaries of the project. Regarding the Corporate Drive construction requirement, we are still uncomfortable with any condition requiring an off-site improvement such as this. This issue will probably be the focal point of our presentation, with regards to conditions we are not in favor of. The second is the uses along the residential districts. In working with our potential developer and defining their needs based upon their past experience, here are the issues that we want to bring up this evening that is addressed in the recommended Development Agreement. Please review the attached and if you have any questions please contact me, otherwise, we will discuss in greater detail this evening. Thanks for your time and that of your staff in helping us get to this point. Sincerely, SHAWN L. NICKEL Principal Land Use Planner 6223 N. Discovery Way, Suite 200 Boise, ID 83713 Phone 208.323.5393 Fas 208.658.2371 snickel@roselawgroup.com www.xoselawgxoup.com Shawn L. Nickel Representing Boise-Waltman, LLC Develoament Agreement Conditions In an effort to have the Browning Plaza development remain compatible to the permanent residential uses located on its boundaries, the applicant would like to propose the construction of a combination wall/landscape berm adjacent to the entire western and northwestern boundaries of the development. With this addition, the following conditions are hereby requested to be included in the development agreement with regards to the uses/allowances adjacent to these areas. • A solid, masonry wall-landscape berm shall be constructed along the entire western and a portion of the northwestern boundaries of the property adjacent to permanent residential uses. The design of the wall/berm will be worked out between the developer and the Planning Department. • Conditional Use Permit approval is required for all restaurant uses proposed along the western and northwestern boundaries adjacent to permanent residential uses. • Drinking establishments and drive-thru uses shall be prohibited along the north and northwest property boundaries adjacent to permanent residential uses. • With the exception of the hotel, hours of operation for businesses along the north and northwest property boundaries adjacent to permanent residential uses are limited to 11 p.m. (unless the adjacent uses are changed into non-residential uses). • All structures proposed on the site over 100,000 square feet that are within 300 feet of a residential district or use shall obtain conditional use permit approval. • All structures along the west and northwest property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minimum setback of 25 feet adjacent to the existing residences (unless the adjacent uses are changed into non- residential uses, with the exception of the proposed hotel. If a hotel is built at the southwest corner of the site as depicted on the concept plan, a 25 foot setback shall be required for the first story, a 100 foot setback shall be required for the 2"d story, and a 200-foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. It is further requested that all additional recommended conditions in the development agreement regarding usesldesign along the western and northern boundaries be removed, and that the allowed uses within the C-G zoning district be allowed on this entire property, unless previously conditioned.