HomeMy WebLinkAboutRequest to Continue to August 16, 2011'~' HAWKINS
~ COMPANIES
C O M M E R C I A L D E V E L O P E R S
August 16, 2010
Mr. Bill Parsons ~-,;~~r~r~r~ {~~,o~~fi
City of Meridian Planning Department
33 East Broadway
Meridian, ID 83642
RE: Request for Public Hearing Continuance
Mr. Parsons,
In reference to your July 7`h a-mail, we understand that this process has been continued
for an extended period of time. However, we have continued to follow the City's request
to continue both the application and variance request, until such time that our access
request from the Idaho Transportation Department was final. Hawkins Companies
respectfully requests the Meridian City Council to continue our Annexation and Zoning
request (AZ-08-05) and our Access Variance request (VAR-08-008) for the term of one
(1) year, to the August 16, 2011 hearing date. We are seeking the continuance for a time
period that will allow us to finalize our pending lawsuit against the Idaho Transportation
Department for access to Meridian Road. We believe that this process will take between
nine to twelve months.
We are fully prepared to move forward on any actions that the City Council would like to
consider regarding our Annexation and Zoning petitions. However, on the advice of
legal counsel, we can not pull our formal Access Variance request from the City as it
would have an adverse impact on our lawsuit against ITD. We understand that it is
taking an extended period of time, but we have continued to follow the City's request to
resolve access issues before presenting again. Please understand that we are doing our
best to move forward as expeditiously as possible.
As you are aware, when ITD sought to widen Highway 69 from I-84 to the city of Kuna,
that state agency had to justly compensate the land owners for their property that would
be "taken" for the road improvements. The land owners were granted deeded access
points from their property to the state highway system as just compensation. Certainly,
the land owners believed that they received a tangible land right (access) that had value
for the land that they relinquished to the state.
In light of this history, (deeded access points conveyed to the land owners as
compensation), one might think that resolving this matter would be straightforward.
However, resolution has not been free from surprises. For example, ITD appointed Mr.
Magel as the Hearings Examiner to hear our appeal of their decision to deny access. On
February 12, 2010, he submitted his Recommended Findings of Fact and Conclusions of
Law concluding, in our favor, that the denial of the deeded access to Meridian Road was
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a "taking", requiring just compensation. Immediately thereafter, the department filed a
Motion to Reconsider. Surprisingly, on Apri126th, the hearing officer issued a final
Memorandum Opinion in which he completely reversed his earlier decision, and without
explanation, he upheld the Department's decision to deny access. Of significance, neither
the law nor the facts had changed; thus, the need to file our pending lawsuit.
We believe that the City's review process that has brought us to this point has resulted in
a conceptual plan that all stake holders can be proud of. It is a true mixed-use
development that will provide retail, non-retail, office and residential uses to an area that
ahs been specifically identified to the intensities that we have proposed.
However, without access to Meridian Road, we believe that our commercial development
has no real chance of success. Merchants will look elsewhere for store locations that
have greater sales potential and increased likelihood of success. Becky McKay, who is a
respected land-use planner in the Treasure Valley, has provided testimony in our case
with ITD, stating that commercial development, without direct access to Meridian Road,
would support 0% commercial; 60% office, and 40% residential. That is not the type of
development that the City of Meridian anticipated when it designated this area suitable
for a Regional, Mixed-Use land uses.
We stand behind the conceptual plan that has been generated on behalf of this
application. Hawkins Companies is eager to present facts and findings that will support
our annexation request into the City of Meridian with the land use designations R-15
(Medium High-Density Residential); L-O (Limited Office); C-C (Community
Commercial); and C-G (General Commercial).
Thank you for your consideration of our request to continue our Access Variance,
Annexation and Zoning requests for the term of one year.
Respectful) submitted,
~_.. ;
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Brandon Whallon
Project Manager
Hawkins Companies