PZ - Applicant response to Findings 4-2
Charlene Way
From:Chris Johnson
Sent:Thursday, April 02, 2020 3:06 PM
To:Charlene Way
Subject:FW: Request to Approve Modified Findings for Lost Rapids Apartments
(H-2019-0146) \[IWOV-GPDMS.FID1001406\]
From: Deborah E. Nelson <den@givenspursley.com>
Sent: Thursday, April 2, 2020 3:05 PM
To: Bill Nary <bnary@meridiancity.org>; Sonya Allen <sallen@meridiancity.org>
Cc: 'Derek Gasser' <dgasser@dfgdevelopment.com>; Bill Parsons <bparsons@meridiancity.org>; Caleb Hood
<chood@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Adrienne Weatherly
<aweatherly@meridiancity.org>
Subject: RE: Request to Approve Modified Findings for Lost Rapids Apartments (H-2019-0146) \[IWOV-
GPDMS.FID1001406\]
Bill and planning team,
Thank you for this response. We appreciate your consideration of this issue and your further research.
We agree the best course is to move forward with the findings this evening and then consider whether to appeal to the
Council. To that end, we withdraw this request to modify the findings.
Thank you,
Deb
_______________________
D EBORAH E. N ELSON
G IVENS P URSLEY LLP
601 W Bannock St, Boise, ID 83702
direct 208-388-1215 / assistant 208-388-1249 (Stacy Wardein)
den@givenspursley.com / www.givenspursley.com
_______________________
CONFIDENTIALITY NOTICE: This communication is confidential and may contain privileged information. If you have received it in error,
please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the
contents. Thank you.
From: Bill Nary <bnary@meridiancity.org>
Sent: Thursday, April 2, 2020 2:24 PM
To: Deborah E. Nelson <den@givenspursley.com>; Sonya Allen <sallen@meridiancity.org>
Cc: 'Derek Gasser' <dgasser@dfgdevelopment.com>; Bill Parsons <bparsons@meridiancity.org>; Caleb Hood
<chood@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>; Adrienne Weatherly
<aweatherly@meridiancity.org>
1
Subject: RE: Request to Approve Modified Findings for Lost Rapids Apartments (H-2019-0146) \[IWOV-
GPDMS.FID1001406\]
Deb;
Further research by Planning on this issue determined that cross access easements were already required
at annexation on this parcel as well as Costco for this access. This was memorialized in the various
DA’s for these parcels. Therefore the Commission was well within their authority to require these
connections. It appears your client’s only avenue is to appeal, but for the Council to grant their request
they will need to amend all of the relevant DA’s to remove the requirements of cross access. At this
point the Commission should simply approve the findings tonight and you will have time to research any
options for your client for an appeal.
Bill Nary | City Attorney & Risk Manager
City of Meridian | City Attorney’s Office
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: | 208-898-5506
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho
law,
in regards to both release and retention, and may be released upon request, unless exempt from
disclosure by law.
From: Deborah E. Nelson <den@givenspursley.com>
Sent: Thursday, April 2, 2020 2:07 PM
To: Bill Nary <bnary@meridiancity.org>; Sonya Allen <sallen@meridiancity.org>
Cc: 'Derek Gasser' <dgasser@dfgdevelopment.com>
Subject: FW: Request to Approve Modified Findings for Lost Rapids Apartments (H-2019-0146) \[IWOV-
GPDMS.FID1001406\]
External Sender - Please use caution with links or attachments.
Bill and Sonya,
Please let us know if you have questions or concerns with this request. I spoke with Bill about this approach
yesterday. Derek has reached out to Sonya to discuss as well but I don’t believe they have connected yet today.
I’m available at 208-388-1215.
Thank you,
Deb
_______________________
D EBORAH E. N ELSON
G IVENS P URSLEY LLP
601 W Bannock St, Boise, ID 83702
2
direct 208-388-1215 / assistant 208-388-1249 (Stacy Wardein)
den@givenspursley.com / www.givenspursley.com
_______________________
CONFIDENTIALITY NOTICE: This communication is confidential and may contain privileged information. If you have received it
in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or
disclosing the contents. Thank you.
From: Deborah E. Nelson
Sent: Thursday, April 2, 2020 2:02 PM
To: 'cjohnson@meridiancity.org' <cjohnson@meridiancity.org>
Cc: 'Bill Nary' <bnary@meridiancity.org>; 'Sonya Allen' <sallen@meridiancity.org>; 'Derek Gasser'
<dgasser@dfgdevelopment.com>; 'Trevor Gasser' <trevor@tgirealestate.com>
Subject: Request to Approve Modified Findings for Lost Rapids Apartments (H-2019-0146) \[IWOV-
GPDMS.FID1001406\]
City Clerk, Bill, and Sonya:
Please see the attached request related to the Findings being considered by the Commission this
evening.
Thank you,
Deb
_______________________
D EBORAH E. N ELSON
G IVENS P URSLEY LLP
601 W Bannock St, Boise, ID 83702
direct 208-388-1215 / assistant 208-388-1249 (Stacy Wardein)
den@givenspursley.com / www.givenspursley.com
_______________________
CONFIDENTIALITY NOTICE: This communication is confidential and may contain privileged information. If you have
received it in error, please advise the sender by reply email and immediately delete the message and any attachments
without copying or disclosing the contents. Thank you.
3
GrIVENS PURSLEYLLP
Attorneys and Counselors at Law
601 W.Bannock Street Gary G.Allen Kersti H.Kennedy Randall A.Peterman
PO Box 2720 Charlie S.Baser Neal A.Koskella Jack W.Relf
Boise,ID 83701 Christopher J.Beeson Michael P.Lawrence Michael O.Roe
Telephone:208-388-1200 Jason J.Blakley Franklin G.Lee Jamie Caplan Smith
Facsimile:208-388-1300 Clint R.Bolinder David R.Lombardi Robert B.White
Jeff W.Bower Kimberly D.Maloney
www.givenspursley.com Preston N.Carter Kenneth R.McClure
Jeremy C.Chou Kelly Greene McConnell William C.Cole(Of Counsel)
Michael C.Creamer Alex P.McLaughlin
Deborah E.Nelson Amber N.Dina Melodie A.McQuade
208 388 1215 Bradley J.Dixon Christopher H.Meyer Kenneth L.Pursley(1940-2015)
den@givenspursley.com Thomas E.Dvorak L.Edward Miller James A.McClure(1924-2011)
Debora Kristensen Grasham Judson B.Montgomery Raymond D.Givens(1917-2008)
Donald Z.Gray Deborah E.Nelson
Alex J.Gross W.Hugh O'Riordan,LL.M.
Brian J.Holleran Samuel F.Parry
April 2,2020
VIA ELECTRONIC MAIL (ciohnson(&meridiancity.orb)
City of Meridian Planning and Zoning Commission
33 East Broadway Avenue, Suite 102
Meridian, ID 83642
Re: Request to Approve Modified Findings for Lost Rapids Apartments (H-2019-0146)
Dear Commissioners:
On behalf of the applicant for this project,we request the Commission to approve the proposed
findings,with the following modification to condition 3(i):
E xteRd the aGGess driveway Provide a pedestrian pathway between Buildings
H and I to the east boundary of the site for access to the north/south drivew,a
sidewalk along the eastern boundar i inlon Ted to ah,it the site for c -e„dary
emcrneRn"��� forthe Giro DepartmeRt "„d and for pedestrian
interconnectivity with the commercial portion of the development.
The applicant does not own or control the driveway adjacent to the apartments site, and it is
not a public street. Costco,the owner of this private driveway, is not an applicant to this project and is
not obligated to allow the new vehicular connection imposed by condition 3(i). The City cannot
lawfully require an applicant to provide vehicular access to a third party's private property over which
the applicant has no control.
The eastern access is not required to serve the apartments. Primary access is provided via Lost
Rapids Drive and secondary emergency access has been secured with a gated access point on the
northern boundary with the Meridian Fire Department's approval.
It is appropriate for the Commission to approve the findings with this administrative
modification to correct the legal deficiency with the condition.
Sincerely,
Deborah Nelson
cc: Bill Nary
Sonya Allen
15077493_2.docx[14222-7]