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HomeMy WebLinkAboutLetter from Rose Law GroupPage 1 of 1 Tara Green From: Sonya Wafters Sent: Thursday, August 28, 2008 3:43 PM To: Tara Green; Machelle Hill; Nancy Radford; Jaycee Holman Subject: FW: Waltman Reconsideration Follow Up Flag: Follow up Flag Status: Green Attachments: 9-28-08 letter scan to Anna.pdf Please distribute to the Mayor & Council. Thx! From: Shawn Nickel [mailto:SNickel@roselawgroup.com] Sent: Thursday, August 28, 2008 1:15 PM To: Anna Canning; Sonya Wafters Subject: Waltman Reconsideration Hello Anna. Please accept my letter attached regarding the reconsideration next week for Waltman. You had asked that I send you over some information. Please review and let me know your thoughts. I will be out of town tomorrow and will return on Tuesday. I will touch bases with you then if I do not here from you before hand. Thanks, Shawn L. Nickel Principal Land Use Planner ROSEILAW GROUP @ORTOA! 6223 N Discovery Way, Suite 200 Boise ID, 83713 Office: 208.323.5393 Fax: 208.658.2371 Email: snickel@roselawgroup.com The information contained in this message is privileged and confidential. It is intended only to be read by the individual or entity named above or their designee. If the reader of this message is not the intended recipient, you are on notice that any distribution of this message, in any form is strictly prohibited. If you have received this message in error, destroy any copy of this message. Thank you. 8/29/2008 ROSEI LAW GROUP BORTO August 28, 2008 Anna Canning Meridian Planning Department City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 RE: Browning Plaza (Waltman)Annexation -Reconsideration Dear Anna; SHAWN L. NICKEL Principal Iand Use PIanner b223 N. Discovery Way, Suite 200 Boise, ID 83713 Phone 208.323.5393 Fax 2os.658.2371 sniekel@roselawgroup.eom wv~v.roselawgroup.com As we approach our reconsideratian hearing on September 2nd, I would like to update you on the items and issues that we will be discussing with Council. As I stated in my reconsideration letter, "The purpose of this reconsideration request is to clam a few of those conditions in relationship to the intent by Council and direction to staff. This tivould include clamcation tiwith regards to the proposed :tses adjacent to existing residential. The second reason for the reconsideration request is to provide additional info~•~»ation to Council in an effort to aldo~a~ the applicants request to obtain a buildingpermit for• the initial phase of development at the same time that the intersection improver»ents are in progress. The applicant has a neti~~ proposal that will alloiu the residents of Waltman Lane an alternative access point to their neighborhood it~hile constrtrctian is under•3vay. " The first condition that we want to discuss regarding proposed uses focuses on Development Agreement condition #18. This condition states that "Conditional Use Permit approval is required for all restaurant and retail uses proposed along the western and northwestern property boundaries adjacent to residential uses:' Part of the clarification that we request is that we believe that our reason far providing the 6' high masonry wall with berm and landscape buffer (see condition 32) was to allow for commercial/retail uses adjacent to the residential. We have agreed to limit restaurants to no drive-thrus (see condition 19), and have agreed that if a structure is greater than 100,000 square feet and within 100 feet of the boundary, that a CUP would be required (condition 21). We also have agreed to conditions for hours of operation (condition 23), hotel setbacks (condition 24) and height restrictions (condition 24). Therefore, we are requesting the following clarifications from Council, based on our understanding of the original approval: 1. Allowance for restaurants (minus drive-thrus} and retail uses along the western and northwestern property boundaries adjacent #o residential uses. This would require the removal of condition 18; The second issue is in regard to Development Agreement Condition #7, "No building permits shall be issued or construction traffic allowed (except for infrastructure improvements such as sewer, water ~ roads} on this site until the construction related to the split corridor intersection is completed UR Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane". As was previously requested by the applicant to Council at the previous hearing, the applicant is interested in obtaining building permit(s) for the first phase of the development at the same time that the intersection improvements are umderway. The reason for this is that, in all likelihood, the first phase will be the anchor tenant for the development. Allowing the major tenant to move forward with construction could save them up to a year and allow them to open immediately after the required off-site improvements are completed. In order to protect the concerns of the property owners that reside on Waltman, the applicant is proposing to construct a temporary, secondary access connection to Ruddy Land for those residents to use in the event that construction related traffic interferes with their ability to enter and exit the azea. This access would be placed on the existing easement that the City of Meridian currently has on the property for emergency access to Ruddy. An automated gate would be installed at the expense of the applicant that would allow the residents easy access to Waltman from Ruddy and to Ruddy from Waltman while preventing any traffic from the west the ability to travel east. It would also provide a safer access for emergency vehicles through Ruddy. No construction traffic would be allowed to use the access. Therefore, the applicant is requesting the following: • Modification to Condition ? to allow the initial phase of development to obtain building permits during construction of the split corridor and Waltman Lane to the site. • Add a condition requiring anautomated/electronic gate at the end of Ruddy Lane that allows convenient access to the residents of Waltman and maintains proper emergency access. This access would need to be approved by the Fire Department. These are the issues that are up for discussion at City Council. Please review and comment. Thanks for your help. Sincerely, ~ ~J, Shawn L. Nickel Representing Boise-Waltman, LLC