CC - Reconsideration Request Letter (Final) 5-19 DEVELOPMENT REAL PROPERTY ZONING
CLARK
WARDLE
T. Hethe Clark
(208)388-3327
hclark@clarkwardle.com
Via electronic mail
May 19, 2020
Meridian City Council
c/o Meridian City Clerk
33 E. Broadway Ave.
Meridian, Idaho 83642
Re: Delano Subdivision (AZ, PP H-2019-0027)—INTERIM REQUEST FOR RECONSIDERATION
Dear Council Members:
We appreciate the City of Meridian's efforts to ensure that its citizens are heard and the interests of
property owners—on both sides of these questions—are protected. As often is the case for infill
projects, there are competing pressures from neighbors, agencies, utility providers, etc. We have
attempted to satisfy as many of those concerns as possible.
At last Tuesday's hearing, the issue that sent this discussion toward a negative motion was the
possibility of N. Dashwood Ave. opening before N. Centrepointe Way is connected.' It is unfortunate
that the maker of the motion did not bring up this concern while the public record was open.Z This left
the applicant without the ability to respond, and resulted in a denial based upon an impossible condition
(connecting N. Centrepointe Way across a third party's property) without a quantitative traffic basis for
doing so. As a result, the decision is legally suspect. It also creates practical difficulties for area
landowners, the City, and ACHD. It freezes area development until all of N. Centrepointe Way is
connected, requiring all property to be in single ownership, or all property owners to be in lockstep with
development plans and timing. The currently approved motion effectively prevents completion of the
roadways on the master street map and the City's sewer and domestic water loops.
' The proposed written findings in this project include statements that the annexation of this property "is not in
the best interest of the City at this time due to Centrepointe Way, a collector street, not being extended to
Wainwright Dr." (Draft Findings,Section B.5).
z The public and the applicant should not be surprised when an issue becomes the ultimate deciding factor but was
not discussed during the public hearing. Yes, the N. Centrepointe Way connection was discussed in November;
however, the situation had changed significantly since then, with the primary subdivision access being removed
from N. Dashwood Ave. and replaced with a temporary emergency access. If this was not enough to address those
concerns,the point should have been raised during the public hearing to allow the public and applicant to respond.
T.Hethe Clark Geoffrey M.Wardle Joshua J.Leonard Ryley Siegner T:208.388.1000 251 E Front St,Suite 310
F:208.388.1001 PO Box 639
clarkwardle.com Boise ID 83701
All of this resulted in new information on several fronts. In addition to the apparent imposition of an
impossible condition, we are now aware that the Council is unwilling to approve this project if there is
any possibility that N. Dashwood Ave. will be open before N. Centrepointe Way is connected to E.
Wainwright Dr.—despite the transportation authority's approval of the project.
We believe we have a very simple solution that addresses the concern of those who voted in favor of
Tuesday night's motion. Here is the proposal:
• We propose to amend the phasing plan to remove N. Dashwood Ave., Lots 1-4 of Block 1, and
Lot 1 of Block 4 from Phase 1 of the Project. Each would be in a new Phase 4, as shown below:
I � I
I v�t ••v... al
as am r.a rm Ie r
•a
a rr mm & 9a I R
4$ SB
a B
,m. a14, 4 mm
.mm .am 8 rs. 8 ,m- B'1 B sry BI
•r a ®v —v a I Y _ _______
B
' $gg
M•® IpP ry —v , w ' wv � I�a —®aI ml II
a
vrr
7
- 91 a� i pia uva O $
—°° _ -------
a„ — —1-- - --- -_ -- -�
�•`x'�� i�as ®s a e®e o B , a e 4®rg.ae.g.® a®.g�B a x I
• The N. Dashwood Ave. stub would not be dedicated with Phase 1. It would not become a public
roadway until it is made part of a final plat with Phase 4. Because N. Dashwood Ave. would not
be dedicated to ACHD, we would be allowed to construct an emergency access to the City of
Meridian Fire Department standards and landscape to the edges of that emergency access and
connect a much-needed domestic water loop for the City.
• Phases 1 through 3 would move forward with the primary access on E. Jasmine St./N.
Centrepointe Way and an emergency-only access at the future location of N. Dashwood Ave.
• Phase 4 would only be allowed to proceed once N. Centrepointe Way has connected to E.
Wainwright Dr. This could be a condition of the development agreement for this project.
If the Council reconsiders its motion based upon this new phasing plan, it will accomplish what the
current ACHD condition mandates (emergency-only until N. Centrepointe Way connects), but will
preclude the scenario Council Members Bernt, Borton, and Strader feared: N. Dashwood Ave. opening
before the N. Centrepointe Way connection is complete. Control is back in the City of Meridian's hands
because the City can prevent a connection to N. Dashwood Ave. by enforcing this phasing plan as a
condition of approval. And there is no inconsistency between the ACHD and City of Meridian positions.
Meanwhile, the Delano project and area remains more than adequately connected, as shown below:
}
Delano Neighborhood Street Connectivity PI
s
e e
1 1.
. slow
O �
`'f
o �
� 1
- NNW•
In addition, as illustrated in the ACHD findings in this case, area roadways remain well within capacity.
As one example, N. Centrepointe Way has a daily 5,000 trip capacity. At full buildout of Delano
subdivision, the total number of trips on N. Centrepointe Way is expected to be 3,106, or about 62%
capacity. Clearly, the data show that this project will not have an adverse effect until such time as N.
Centrepointe Way connects. In the meantime, emergency and pedestrian connections will be retained
and homes north of Delano will have the opportunity to walk to retail and stores to the southeast.
We understand and appreciate that the neighbors may not be satisfied until they have a permanent
emergency-only access. It was unclear whether the majority of Council agreed with the neighbors'
position; however, this phasing plan also gives these neighbors time to attempt to revisit the issue as
other connections to Alpine Pointe come on line that might aid in their argument.
Accordingly, we ask that the Council entertain reconsideration with the benefit of Staff's evaluation of
this new phasing plan. We understand that the matter would then be taken up at a follow-up public
hearing, at which this phasing plan would be considered.
Thank you for your consideration.
Very truly yours,
'J_ � CC-
T. Hethe Clark
HC/bdb
c: Client
City Attorney
Meridian City Community Development Staff