Z - 2021-10-25 Request for reconsideration GIVENS PURSLEYLLP
Attorneys and Counselors at Law
601 W.Bannock Street Gary G.Allen Elizabeth A.Koeckeritz Samuel F.Parry
PO Box 2720 Charlie S.Baser Neal A.Koskella Randall A.Peterman
Boise,ID 83701 Christopher J.Beeson Michael P.Lawrence Blake W.Ringer
Telephone:208-388-1200 Jason J.Blakley Franklin G.Lee Michael O.Roe
Facsimile:208-388-1300 Clint R.Bolinder David R.Lombardi Cameron D.Warr
Jeff W.Bower Lars E.Lundberg Robert B.White
www.givenspursley.com Preston N.Carter Kimberly D.Maloney Michael V.Woodhouse
Jeremy C.Chou Kenneth R.McClure
Michael C.Creamer Kelly Greene McConnell
Amber N.Dina Alex P.McLaughlin William C.Cole(Of Counsel)
Bradley J.Dixon Melodie A.McQuade
Thomas E.Dvorak Christopher H.Meyer
Debora Kristensen Grasham L.Edward Miller Kenneth L.Pursley(1940-2015(
Donald Z.Gray Judson B.Montgomery James A.McClure(1924-2011)
Brian J.Holleran Deborah E.Nelson Raymond D.Givens(1917-2008(
Kersti H.Kennedy W.Hugh O'Riordan,LL.M.
October 25, 2021
Via email: cityclerk(&meridiancity.org
Mayor Simison and Meridian City Council
c/o City Clerk
33 East Broadway Avenue
Meridian, Idaho 83642
RE: Request for Reconsideration in Case No. H-2021-0024, Wells Assisted Living
and Andorra Subdivision
Dear Mayor Simison and City Councilmembers:
This firm represents the applicant, Iterra Homes ("Iterra"), in Case No. H-2021-0024, a
request for annexation, zoning and preliminary plat approval for Wells Assisted Living and
Andorra Subdivision. For the reasons described in this letter, we respectfully request that you
reconsider your denial and approve the application. This request for reconsideration is submitted
pursuant to UDC § 1-7-10 and Idaho Code § 67-6535.
Iterra applied for annexation of 17.5 acres of land with TN-R zoning; a preliminary plat
with 61 residential lots on the northern portion(11.79 acres); and a 91 unit nursing and residential
care facility and commercial building on the southern portion (collectively, the "Development").
Staff recommended approval of the Development and, on June 15, 2021, the Meridian Planning
and Zoning Commission unanimously recommended approval. City Council reviewed the
Development on August 17, 2021. At the conclusion of that meeting, Council moved to continue
the hearing for one month for Iterra to consider certain feedback from Council. After the second
hearing on September 14, 2021, Council denied the application.
In its Findings of Fact and Conclusions of Law (the "Findings"), adopted on October 12,
2021, Council found that the proposed development 1) was incompatible with the surrounding
neighborhood, 2) would result in additional traffic that would be detrimental to the surrounding
neighborhood, 3) would result in additional on-street parking that will be detrimental to the
surrounding neighborhood, and 4) was not in the best interest of the City. We respectfully assert
October 25, 2021
Page 2
that these Findings do not reflect the submitted facts and applicable standards and ask you to
reconsider this decision.
1. The Development Is Compatible With The Surrounding Neighborhood.
This infill residential and mixed use development provides an ideal transition between the
more intense commercial and office uses to the east and south, and the larger single family
residences to the north and west. The north portion of the property is designated Medium Density
Residential on the Future Land Use Map (FLUM), which recommends 3-8 units per acre. Iterra
has proposed 4.7 units per acre, which is on the low end of the density the City has planned for
this location.
As discussed by Mayor Simison in his final remarks, this development provides for the
orderly development of Meridian, and the Development's "integration is spot on accurate."
Residential abuts residential; commercial abuts commercial. The Development achieves the City's
comprehensive planning goals by prioritizing infill development (2.02.02, 3.03.01E) in an area
where public services are readily available (3.03.03) in a safe, attractive and well-maintained
neighborhood that has ample open space and generous amenities (2.02.01).
The Development is also designed to seamlessly fit into the neighborhood and to minimize
its impact on the Woodbridge neighborhood to the west. Iterra proposes 5 foot side setbacks
between the homes (for a total of 10 feet between homes), although only 3 feet is required in the
TN-R zone. These side yard setbacks more closely match those of the Woodbridge neighborhood
to the west where side yard setbacks are 5-6 feet for a total of 10-12 feet between homes. In
addition, as requested by Council, Iterra increased the rear yard setback of the homes abutting
Woodbridge to 17 feet. Iterra also staggered this rear setback between 17 and 27 feet to avoid the
appearance of a solid wall of homes to the neighborhood to the west.
2. Additional Traffic And Parking Impacts Are Minimized on Surrounding
Neighborhoods.
Any development on the property will generate increased traffic to the neighborhood. The
traffic generated by this project is less than other more intense residential or commercial uses
contemplated by the comprehensive plan for this location.
At the request of Council,Iterra moved access to the Development to S.Wells Street,which
encourages traffic to turn away from the Woodbridge neighborhood and lessens the traffic impacts
within that neighborhood.
Iterra initially asked for and received alternative compliance from the Director to provide
32 of the required 244 parking spaces for the homes (4 per residence) on internal private street
bulb-outs. After receiving Council feedback at the first meeting, Iterra deepened the length of the
lots so that every home has a 2-car garage plus room for two cars to park in the driveway, and
alternative compliance was no longer necessary. With these changes, the proposed development
October 25, 2021
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meets the parking requirements in City Code and also provides 21 spaces of overflow parking on
internal private streets.
Iterra also requested approval from ACHD to install"no parking" signs on E. Magic View
Drive and S. Wells Street, the two public streets fronting the Development, but this request was
denied.
Iterra has taken every step necessary to minimize traffic and parking concerns while still
developing a quality residential neighborhood, consistent with the City's comprehensive plan.
Iterra incorporated all parking and traffic recommendations from Council and, as demonstrated in
the steps they have taken, parking and traffic impacts to the surrounding neighborhoods from this
infill development are minimized.
3. Annexation Is In The Best Interest of Meridian.
The Development(i)complies with Meridian's comprehensive plan; (ii)complies with the
regulations for the proposed TN-R zone; (iii) is not materially detrimental to public health, safety
and welfare and, rather, adds a much needed memory care facility and residences to the area; (iv)
does not result in an adverse impact upon the delivery of services —police and fire have confirmed
that the Development is within their response times; and(v) is in the best interest of the City.
During the first public hearing, Council provided feedback to Iterra to consider in order to
gain approval. The feedback was memorialized in a letter dated September 7,2021 (the"Feedback
Letter") and included the following:
1. Committing to a 55+ age-restricted community by reducing the footprint of the
homes, deed restricting the homes, and/or limiting the houses to one story;
2. Providing larger rear setbacks to the existing properties in the Snorting Bull
Subdivision(Woodbridge)to the west;
3. Removing the access from E. Magic View Drive by providing another access to
South Wells Street; and
4. Moving the pool to a location further away from the homes.
Based on the Feedback Letter and as mentioned above, Iterra increased the rear setback
abutting development to the west;moved the access from E. Magic View Drive to S. Wells Street;
and moved the pool to a location further away from the homes. To lessen the impact on the
Woodbridge neighborhood, Iterra eliminated second floors on the back portion of the houses by
agreeing that no second floor would be closer than 27 feet to the rear property line, and by
staggering the rear setback of the homes between 17 and 27 feet.
As noted by the City Attorney, it is not legal to require a property to be age restricted.
Nonetheless, Iterra will market the homes as a 55-plus community. This Development will be
October 25, 2021
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marketed to a more affluent demographic who prefer the larger home sizes and extra bedrooms on
the second floor where they can be used as hobby and guest rooms. Given the gated community,
the smaller yards, and the types of amenities offered within the Development, Iterra's experience
in other communities is that these homes will be most desirable to an older demographic. Iterra
also welcomes families to the community, should they choose it.
Iterra agrees with those Councilmembers at the public hearings who voiced their opposition
to deed restrictions-in 20 to 30 years or more this housing type may be most desirable to families.
A deed restriction will limit the accessibility of homes to any future changing demographics within
Meridian.
Iterra is proposing a quality residential development in an area designated Medium Density
Residential on the FLUM, and a medical facility and office building in an area designated Mixed-
Use on the FLUM. This small infill project transitions the larger single family residential
development on the north and west with the more intense commercial uses on the south and east.
To the extent possible, all traffic and parking impacts are minimized and are less than could be
developed in this location consistent with the FLUM. The Development's impact on the
Woodbridge neighborhood is also minimized with increased home setbacks and relocated access.
For these reasons,the Development is in the best interests of Meridian and we respectfully
ask you to reconsider the denial. Specifically,upon reconsideration, Iterra requests the Council to:
(1) Approve the annexation and zoning as recommended by City Planning Staff and the
Planning and Zoning Commission; and
(2) Approve the preliminary plat as recommended by City Planning Staff and the
Meridian Planning and Zoning Commission; and
(3) Approve the conditional use permit for the assisted living and memory care facility,
as recommended the Planning and Zoning Commission.
In the alternative, Iterra requests the Council to provide specific feedback for changes to
this Development in order to gain approval.
Thank you for your consideration of this request.
October 25, 2021
Page 5
Sincerely,
'os� C x'e"
Deborah E. Nelson
Elizabeth A. Koeckeritz
cc. Bill Nary, City Attorney's Office at bnary@meridiancity.org
Community Development Department at planning@meridiancity.org