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CC - Applicant's Response to Staff Report 4-20 DEVELOPMENT REAL PROPERTY ZONINC CLARK WARDLE T. Hethe Clark (208)388-3327 hclark@clarkwardle.com Via electronic mail(jdodson@meridiancity.org) April 18, 2021 Joseph Dodson Current Associate Planner City of Meridian—Community Development 33 E. Broadway Ave. Meridian, Idaho 83642 Re: Movado Mixed Use CW File No. 21895.27 Dear Joe: We have appreciated your work on this application. We have had the opportunity to review the current staff report, including the summary of the Planning and Zoning Commission action on March 4, 2021. This letter is intended to be a reminder of actions taken prior to the March 4, 2021 hearing. We would also like to respond to the issues discussed by P&Z at the March 4 hearing and identify compromises to address those items. As noted in the following materials, we listened to the Planning & Zoning Commission's concerns and continue to believe that this proposed amendment is appropriate for the following reasons: • First, the "second row" of commercial development included in the original Movado approval is simply not commercially viable, particularly in light of continued commercial development to the west at Eagle Road; • Second, although we certainly agree that any development agreement modification must be justified, the expectation cannot be that master-planned communities will not change or evolve in light of changing circumstances. No one has a crystal ball that accurate; modifications should be considered where appropriate; T.Hethe Clark Geoffrey M.Wardle Joshua 1.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 • Third, in light of neighbor comments, the applicant has agreed to further mitigation in the form of a single-level restriction against the homes on the south. This should remove any concern about "integration" as the residential product will exactly match what is against it. It is also far more consistent than the variety of two-story commercial uses that would be permitted as of right if this amendment is not approved. • Finally, we believe this application does not conflict with the Comprehensive Plan, which mandates that "[r]esidential uses should comprise a minimum of 10%of the development area... [while] [r]etail commercial uses should comprise a maximum of 50% of the development area." City of Meridian Comprehensive Plan, 3-18, -19. When looking at the mixed-use regional corridor in this area, commercial uses tend to dominate. This brings the residential and commercial uses in this area to a mix that more closely supports the Comprehensive Plan. We appreciate Staff and the Council's attention to these issues and look forward to further discussion on April 20, 2021. Very truly yours, C c T. Hethe Clark HC/bdb c: Client Background This application is related to the Movado Mixed Use Development off of Overland Road. While the project has, overall, been a tremendous success, the commercial area shown on the present site plan near Overland Road has stagnated. While there is a location for commercial development that we believe is still appropriate and marketable (against Overland Road), the second tier of commercial in this project has very little visibility and simply cannot compete with the commercial development that is ongoing just a few hundred yards to the west near Eagle Road. Actions Prior to March 4, 2021 Hearing The proposal is to replace a portion of the commercial development with attached townhomes product, creating a transition from single-family residential to attached townhomes to commercial. The application includes a number of amenities, including a coffee kiosk for the benefit of the apartment areas, as well as a bike barn. In response to staff comments, the applicant also proposed a plaza and seating area to tie together the commercial areas on the northwest. slttlNb PAEA RETAIN/PR mi w MN NEs ExISTINv BUFFER TREE E.aVERLANO ROAD yl _ 4 PLAMI165(TTFJ Ez15tIN L HN CtYP) ' I nzEE(rrPl ll I 1,N0 SF CCMM/OFFICE BLMG � OOMM/OFFICE BLBG : I' V4o sF p,, I / ICU�✓_ / / /! 1'1` ✓/, i jj jj .�,� 1 s Staff supported this proposal and modified the staff report accordingly. The applicant remains in agreement with the conditions of approval proposed in the Staff Report. Issues Raised—and Responses to—the Discussion at the March 4, 2021 Hearing The primary issues that we heard at the March 4, 2021 hearing—as discussed by P&Z and summarized in the Staff Report—include the following: • Concern with losing commercial areas; • Concern with any revision to a master-planned community and development agreement; • Lack of"integration" between the residential and commercial areas; and • Conformity with the comprehensive plan. Each of these items are discussed below: First, with regard to loss of commercial areas, we are sympathetic to the concern. However, this project has been underway for several years but with no success in moving this commercial area forward. It has been marketed by some of the best brokers in the valley, including Mark Bottles, who has concluded that the current layout simply does not make sense and that a reduced commercial footprint is more appropriate. You have a letter in the record from Mr. Bottles, who will be present at the hearing on Tuesday night to further discuss these issues. Second, one of the consistent themes of the March 4, 2021 hearing was a discomfort with any modification to any development agreement whatsoever. Of course, development agreements provide the City, neighbors, and the property owner with a level of predictability. That said, circumstances change and original presumptions may prove not to be appropriate. That is why the City has provided a procedure for development agreements in the first place. The question is not whether development agreement modifications should ever be considered. That would be an impossible standard for large, multi-year, multi-phase developments, which simply must be able to respond to changes. Instead, the question is whether, under the circumstances specifically before the Council, a modification is appropriate. We believe that is the case here. Commercial has been tried, has not been successful, and the experts are indicating that a change in use is the best path forward. Third, we believe the original proposal of townhomes was consistent with and provided an appropriate transition to the homes to the south. In light of the concerns stated by the neighbors, the applicant has gone one step further and will restrict the homes on the south against the existing residential to single- level. We have prepared elevations to show what these buildings would look like, as shown below: --- ------ -- +- ----- �-- I i+-- -�'- -- - ----i- t-�- Fri!ELEIgT o. _. We believe this concession should address any concern about compatibility at this border. We believe it should be far more compatible and acceptable than the two-story uses that could be located at this border as a matter of right. And, finally, we believe this application fully conforms with the applicable Comprehensive Plan designation of Mixed Use — Regional (MU-R). "The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections." (Comprehensive Plan, 3-18). In terms of the content of that mix, the Comprehensive Plan indicates that "[r]esidential uses should comprise a minimum of 10% of the development area." Id. (emphasis added). Commercial, on the other hand, should comprise a maximum of fifty percent(50%). The area is shown on the Comprehensive Plan Future Land Use Map as part of a larger Mixed Use- Regional area: IL 1 � -t As shown below,the Mixed Use-Regional area of which this property is a part (generally,the areas south of Overland and east of Eagle Road) is a vast sea of commercial. lot ° ` ON- .�.,• �v •� I4 •tip- • ' , � We believe this application brings the area much closer to the intent of the Comprehensive Plan by adding complementary residential uses very close to commercial and employment centers. We hope the Council will agree and look forward to the conversation on Tuesday evening. Charlene Way From:Joseph Dodson Sent:Monday, April 19, 2021 11:18 AM To:City Clerk Subject:FW: Movado Subdivision Attachments:Ltr to Joe Dodson (4-18-21).pdf Hello, Please see the attached Applicant response letter for the Movado Mixed Use development. Thank you! Joseph Dodson | Current Associate Planner City of Meridian | Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 | 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: Hethe Clark <hclark@clarkwardle.com> Sent: Sunday, April 18, 2021 6:34 PM To: Joseph Dodson <jdodson@meridiancity.org> Cc: Cameron Arial <carial@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; jconger@congergroup.com; Marcel Lopez <marcel@congergroup.com> Subject: Movado Subdivision External Sender - Please use caution with links or attachments. Joe, please find attached a letter in connection with the Movado project. This responds to the staff report and P&Z recommendation. Note that we also are offering to do a single-story limit against the southern boundary. This should address any compatibility issues in a way that well exceeds even the current entitlement, which would potentially allow two-story commercial uses immediately adjacent to the residences. Please let me know if you have any trouble accessing the attachment. Thanks again for all your work on this. T. Hethe Clark, Partner 251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701 hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001 DEVELOPMENT ATTORNEYS 1 CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential, and/or protected from disclosure under applicable law including, but not limited to, the attorney-client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. THIS E-MAIL IS NOT AN OFFER OR ACCEPTANCE: Notwithstanding the Uniform Electronic Transactions Act or any other law of similar import, absent an express statement to the contrary contained in this e-mail, neither this e-mail nor any attachment are an offer or acceptance to enter into a contract, and are not intended to bind the sender or any other person or entity. 2