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2020-08-19 Pat Thacker Charlene Way From:Pat Thacker <thacker.p@gmail.com> Sent:Tuesday, August 18, 2020 10:52 AM To:Bill Nary Cc:City Clerk; Jessica Perreault; Joseph Dodson; Bill Parsons Subject:RE: teak wood place preliminary plat hearing External Sender - Please use caution with links or attachments. Please excuse any inappropriateness in my contacting the council member. I want aware of this. My apologies to you and council member Pereault and city council. Thank you for making me aware of the correct procedures. I will make a note for any future projects. Thanks again, have a good day. From: Bill Nary <bnary@meridiancity.org> Sent: Tuesday, August 18, 2020 10:45 AM To: thacker.p@gmail.com Cc: City Clerk <CityClerk@meridiancity.org>; Jessica Perreault <jperreault@meridiancity.org>; Joseph Dodson <jdodson@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org> Subject: RE: teak wood place preliminary plat hearing Mr. Thacker; It is inappropriate to contact a Councilmember directly on a pending land use matter. Yes, I did direct the Planning Staff that the appropriate avenue was a remand request from Mr. Hessing, which he submitted yesterday. The Planning staff can identify a date certain for this project to be re-heard by P & Z to avoid any additional delay. The City Council can then include that date in their motion to remand. The recommendation to City Council will be to concur with his request and remand this back. Because of the significant changes to the project this matter has not been noticed properly to move forward at this time to the City Council. The City Council has consistently sent applications back to the Commission for their review and recommendation when significant changes have occurred after the Commission’s review. Especially in a case where the recommendation was a denial. We had a recent application that also followed the same path back to the Planning and Zoning Commission. The delay that is caused by the changes to the project have to be properly noticed and heard at the appropriate time. To do things in a different manner will cause the record for this application to be confusing and difficult to address in the potential appeal. My office does advise the Mayor and City Council on all land use matters and we do protect the record from being corrupted by a confusing and disjointed series of hearings. If you have any further questions please contact me directly. 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 1 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: Jessica Perreault <jperreault@meridiancity.org> Sent: Tuesday, August 18, 2020 9:43 AM To: City Clerk <CityClerk@meridiancity.org>; Bill Nary <bnary@meridiancity.org> Subject: Fwd: teak wood place preliminary plat hearing Sent from my iPhone Begin forwarded message: From: Pat Thacker <thacker.p@gmail.com> Date: August 18, 2020 at 9:32:52 AM MDT To: Jessica Perreault <jperreault@meridiancity.org> Subject: teak wood place preliminary plat hearing External Sender - Please use caution with links or attachments. Good morning Jessica, I am reaching out to you in reference to a preliminary plat that the developer and my client have been working on for 14 months on a in fill project just east of the corner of Victory and Locust grove rd called “Teakwood place”. We have been turned down by P&Z, however we were set to have a hearing with city council an 8/25/2020. We have made all of the changes asked for by P&Z, and have added additional amenities that we not required. We just learned yesterday that the city attorney has instructed staff to make us go back to P&Z and we will not get our hearing in front of the city council next week. This will cause another unreasonable delay, and then we will finally get our chance to go in front of city council later in the fall. We feel this is unnecessary since we have made the required changes and should be able to go forward. We also don’t understand why they didn’t give us approval at the last P&Z hearing with conditions. Staff recommended approval prior to the meeting, and then changed their view after P&Z turned us down. Their claim was that the land owner had not made enough sacrifices. I am reaching out to you to see if there is anyway we can keep our city council hearing on 8/25/2020 so as to avoid another unnecessary delay. I believe council has that ability. Please feel free to reach out to me via email or phone call to discuss further if possible. Thank you very much for your attention to this matter. Pat Thacker Associate Broker Smith and Coelho The Real Estate Co. 1151 E Iron Eagle drive eagle, Idaho 83616 thacker.p@gmail.com Idahopropertyguy.com 208-283-6525 cell 208-955-1700 office 2 208-955-1701 fax 3