HomeMy WebLinkAboutLetter from Rose Law GroupRQSE
LAV~ GRoup
BORTON
June 16, 2008
Mayor and City Council
City of Meridian
33 E. Idaho Street
Meridian, Idaho 83642
RE: Browning Plaza City Council Hearing on June 17, 2008
Dear Mayor and Council;
SHAWN L. NICKEL
Principal Land Use Planner
6223 N. Discovery Way, Suite 200
Boise, ID 83713
Phone 208323.5393
Fa~c 208.658.2371
snickel@roselawgroup.com
www. ro selawgroup. com
~~C~I~~
JUN 16 200~
C:ity Of' M.eridian
Cit; Clerk O#~ce
After reviewing the comments by the Council and staff at the previous meeting, we hereby
submit a review of those issues and an updated list of conditions to the Development Agreement.
The key concerns from the meeting were:
1. Ruddy Street - Public versus Private. Traffic concerns with regard to existing vehicles
traveling from The Landing Subdivision to the east out to Meridian Road via Waltman
and traffic from proposed commercial. Developer has conceded that it is in the best
interest of the community to maintain Ruddy Street as a public access through the
development. Therefore, a revised preliminary plat and site plan has not been submitted,
and the existing plat and concept plan is requested for approval;
2. Corporate Drive extension - The developer understands the importance of this
connection to the overall circulation pattern of the area. However, requiring an off-site
improvement that is out of the developers control is of great concern, and not the
preferred option. With that being said, the developer will agree to construct Corporate
Drive from Waltman north to its current stub, once the development of the property
reaches a 350,000 square foot threshold. This would be in line with ACHD's approval
and condition that states "provide a development phasing plan and restrict development
to prevent exceeding a site trip generation of 8,000 ADT from the site prior to the
extension of Corporate Drive. This will allow Waltman Lane to remain at capacity with
a 500 ADT allowance for existing and through traffic". This would be done by the
developer through several options including, but not limited to, assistance from MDC
through future tax credits, assistance from ACHD for reimbursement of purchasing right
of way from property owner to the north, or establishment of an Extraordinary Impact
Fee agreement with ACHD. A condition requiring_that a phasing_,plan be submitted with
phase one development will be included in the Development Agreement.
3. Waltman Lane/Intersection - The Meridian Road/Main Street split corridor, which
includes construction of the intersection of Waltman Lane and Meridian Road, is
scheduled to begin sometime in 2009, as part of ACHD's Capital Improvement
Plan/Five Year Work Program. As a condition of approval for Meridian, "no building
permits shall be issued until the construction related to the Waltman Lane/Meridian
Road/Main Street intersection is complete or Corporate Drive is extended across the Ten
Mile Creek and is connected to Waltman Lane. The applicant has provided staff with the
latest design plans for the Waltman/Meridian Road intersection improvements.
4. Details on proposed wall/buffer on western boundary - Compatibility concerns by
staff regarding commercial/retail uses adjacent to surrounding residential has required
the developer to look at buffering alternatives. In an effort to provide the greatest
flexibility in marketing for the developer and compatibility for the neighbors, the
developer is proposing a 6 foot wall and 25 foot landscape buffer that includes a 3 foot
berm and coniferous trees to provide that transition. A cross section of this detail has
been provided to staff and will be included within the development agreement.
5. Compatible Uses/Restrictions adjacent to residential - A question of uses along the
western boundary came up during the last meeting. The applicant and staff have, in the
past, reviewed commercial uses along the existing residential boundaries of the
development that may not be appropriate. A list of excluded uses proposed bv the
annlicant are hereby included as part of the Development A~reement. Along the western
and northwestern boundaries of the project, uses that will not be allowed include
Drinking Establishments, Drive-Thru Establishments, Fuel Sale Facilities, Fuel Sales
Facilities/Truck Stops, and Vehicle Washing Facilities.
6. Loop/Frontage Road= A discussion at the last meeting was conducted on a possible
loop road or frontage road along the interstate from Ruddy Street to Meridian Road. The
commitment to have Ruddy as a public street connection to Waltman addresses the
traffic concerns that may have resulted if Ruddy was a private drive isle design. Other
constraints associated with a frontage road include the future plans for the Meridian
Road, I-84 interchange/on-ramps and the lack of a clear corridor to loop the roadway
back to Ruddy. All these issues point to a Ruddy to Waltman connection being the most
appropriate plan.
Additional issues
Additional Concept Plan - Although the concept site plan that was originally
submitted to staff and reviewed by the Planning and Zoning Commission is the
plan that is subject to the requested approval, the applicant would like for an
alternative plan that is being submitted to staff and will be shown on Tuesday to
Council, be referenced in the Development Agreement as an alternative concept
plan. It is recognized that this plan would be subject to approval by City Council
and staff through a Modification to the Development Agreement.
Allowance of Existin~ Agricultural Use - An additional condition of approval in
the Development Agreement is requested that will recognize that the existin~
ag,ricultural use on the ~ropert~will be allowed to continue after annexation into
the City, until development of the nropert~occurs. The current use on the
property is the grazing of cattle.
In addition to the above conditions, the applicant has revised language to the following
conditions in the Development Agreement that were proposed at the last City Council
meeting. These conditions include:
• With the exception of the hotel, hours of operation for businesses along the western 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 commercial use buildings greater than 100,000 square feet that are proposed on the
site that are within 100 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 2nd SfOPy, 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 uses/design 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 (uses requiring CUP in the C-G zone would still require CUP approval).
Thanks for your time and that of your staff in helping us get to this point. Please include the
above statements and information into the record and as part of our approvals.
Sincerely,
Shawn L. Nickel
Representing Boise-Waltman, LLC