CC - Applicant's Response to Staff Report 1-3 GIVENS PURSLEYLLP
Attorneys and Counselors at Law
601 W.Bannock Street Gary G.Allen Don Z.Gray Deborah E.Nelson
PO Box 2720 Charlie S.Baser Paul G.Hawkins Samuel F.Parry
Boise,ID 83701 Christopher J.Beeson Brian J.Holleran Randall A.Peterman
Telephone:208-388-1200 Jason J.Blakley Kersti H.Kennedy Blake W.Ringer
Facsimile:208-388-1300 Clint R.Bolinder Elizabeth A.Koeckeritz Michael O.Roe
Jeff W.Bower Neal A.Koskella Danielle M.Strollo
www.givenspursley.com Preston N.Carter Michael P.Lawrence Robert B.White
Chynna K.Castoro Franklin G.Lee Michael V.Woodhouse
Jeremy C.Chou David R.Lombardi
Michael C.Creamer Lars E.Lundberg
Charlotte V.Cunnington Kimberly D.Maloney William C.Cole(Of Counsel)
Joshua C.Dickinson Kenneth R.McClure
Amber N.Dina Alex P.McLaughlin
Bradley J.Dixon Melodie A.McQuade Kenneth L.Pursley(1940-2015)
Thomas E.Dvorak Christopher H.Meyer James A.McClure(1924-2011)
Rebecca M.Fitz L.Edward Miller Raymond D.Givens(1917-2008(
Morgan D.Goodin Judson B.Montgomery
January 3, 2023
Via email to sallen@meridiancity.org
Meridian Planning Division
c/o Sonya Allen
33 E Broadway Ave., Suite 102
Meridian, Idaho 83642
RE: Applicant's Response to Council Staff Report for Sessions Parkway(H-2022-0046)
Dear Mayor and Council Members:
Givens Pursley represents the applicant on the above infill commercial development
project. Our development team has reviewed the Staff Report for the January 3 hearing date. We
appreciate planning staff s recommendation of approval and we agree with all but three of planning
staff s recommended conditions related to site plan design.
Application/Property Background
The application proposes a development agreement modification and a preliminary plat for
five commercial lots, accessible via State Highway 55. This is a small 5.32-acre infill project,
owned by the developer of the adjacent Village Apartments. The property is ideally situated for
commercial use because it has frontage along one of the City's key commercial corridors, State
Highway 55.
Concept Plans
The applicant has proposed two conceptual site plans. Both plans depict a fuel sales facility
and a drive-through establishment fronting Highway 55. For the back half of the property,the first
site plan proposes three commercial pads and the second site plan proposes a hotel use.
Response to Proposed Site Plan Conditions
Applicant has worked with planning staff over the past several months to revise the concept
plans to integrate the project with existing residential through pedestrian connectivity and to add
common area plazas. In addition to the revisions made to date,planning staff has proposed several
additional conditions regarding uses and site plan layout that cannot be accommodated by the
project. The applicant seeks your approval of the project with the removal of 3 proposed conditions
in Section VIII.A.1.a of the Staff Report for the following reasons:
Proposed Condition 1. Depict non-retail commercial, office or civic uses for a minimum of 50%
of the development area on concept plan option 1, unless Commission or Council find this isn't
applicable because this property is part of a larger MU-R designated area. This doesn't apply if
the property develops with the hotel as proposed in concept plan option 2.
Applicant Response. The Comp Plan for the MU-R designation encourages a mix of uses for
development within the MU-R designation. One of the MU-R goals is that "retail uses should
comprise a maximum of 50%of the mixed use development area." Given the size of the property,
5.32 acres, and due to the location of the property within a much greater MU-R designated area
that is predominantly built out, the MU-R comp plan considerations regarding a maximum for
retail commercial should not apply to this small infill project. The overall MU-R area, which
includes the area east of Highway 55 between Ustick Road and Fairview Avenue comprises
approximately 150 acres. Within this area there is a robust mix of uses. Two multi family
residential developments abut the Project on its east and south-east sides. The Project is bounded
by retail and professional service uses on its north and south boundaries. To the west, across
Highway 55 is single-family residential development. Kleiner Park, a regional city park, is
114 mile to the southeast. Given the mix of uses in the immediate vicinity, we request removal of
any condition requiring a specific percentage of uses within the Project area.
Proposed Condition 2. Specific details for the integrated plaza/open areas shall be provided with
the first certificate of zoning compliance. The applicant can relocate open space/plaza areas
depicted on the plan with director approval once specific tenants are known.
Applicant Response. We request that the plaza area/open space areas remain where depicted on
the updated concept site plans. With updates to the concept plans, the plaza area/open space areas
have been centrally located as requested by planning staff and encouraged by the comprehensive
plan.
Proposed Condition 3. On concept plan option 1, some or all of the buildings along the eastern
boundary should be rotated and/or relocated and a shared plaza area/green space added to a more
central location within the development for better integration, including a central pathway
connection to the open space and front pad sites.
Applicant Response. Concept plan option I has been updated to include a centrally located plaza
area/green space and pathway between Building D and Building E satisfying the requirements of
this proposed condition. We further request the building alignment remain as depicted on the
concept plan because the proposed alignment: (i)provides the best opportunity for visibility along
Highway SS, resulting in a more successful development; and (ii) provides a buffer between
Highway SS and the residential uses to the east from Eagle Road.
Idaho Transportation Department Conceptual Approval
Attached is recent correspondence from the Idaho Transportation Department with our
project traffic engineer at Kittelson and Associates reiterating ITD's support for the project's
proposed Highway 55 access location.
Conclusion
Thank you for the opportunity to respond to Staff comments. We look forward to your
support and approval of the Sessions Parkway subdivision.
Sincerely,
$fl--
Jeff Bower
ITD Correspondence
Sarah Arjona eSarah.Arjona@itd.idaho.gcv> Andy Daleiden;Stephanie Hopkins;Regan Hansen - 5/12/2022
RE:[EXTERNAL]Sessions Parkway&Village Apartments TIS V
Andy, 0
I believe the previous email was further confirmation on the ITD's acceptance of the concept and proposed approach location.If you need a formal letter from ITD
then I believe we can accommodate that however we cannot say the approach is approved or permitted since we have not reviewed civil drawings or approved a
permit.Please let me know if the email was not sufficient for the City.
Thank you,
Sarah A) ona
Development Services Coordinator
ITD District 3
(208)334-8338