Public Testimony by Larry KovarikJUL-12-2012 13:45 From: L. Kovarik 208 288 0015 To:8884218 Pa9e:2~6
July 12, 201,2
To; The Meridian Planning and Zoning Commission of the City of Meridian
Fax: 888.4216
From: Larry E Kovarik
2686 E Green Canyon Dr
Meridian, Idaho 83642
288-0015
Irkov(a~aoLcom
Page 1
Re: Public Hearing for Modification of the Conditional Use Permit (MCU 12-002) -~- July 19, 2012
To whom it may concern,
I represent the homeowners of Corey Barton Homes in Gramercy and Thousand Springs just south of
Gramercy. The purpose of this letter fs fo explain our feelings about the modifications being proposed
to the existing conditional use permit which your Commission approved on February 2, ,2012.
Prior to your approval of the permit in February, Gramercy LLC (Taylor Merrill), Lyman Holyoak (CBH
Representative), and myself met several times to negotiate a reasonable agreement between parties
with regard to the effect of Accolade Apartments to the surrounding communities and what could be
done to somewhat satisfy the homeowners of those developments. These changes were part of
Gramercy LLC's request for a zoning change, conditional use permit, and development agreement.
As for this request and application, only a neighborhood meeting was held and no options were
presented to the homeowners for an opportunity to sit down and try fo negotiate any items they felt
would have a negative impact on them. Quite frankly, as of the time of this writing, all of the details for
the requests for changes had not yet been completed.
The homeowners feel that the agreements reached the early part of the year were reasonable and
necessary for a complex of this size to be built, Now, not more than 5 % months later, fhose
agreements reached are being asked to be modified or removed, and the homeowners on the whole
are quite upsef with these actions, They are upset that within a short period of tfine someone is trying
to change them, and they are also upset with what some of those changes are.
Supposedly, and no evidence of this has been verified, but Perry Homes in general is a good neighbor
by maintaining ownership in their investments along with pride in how they are managed. For this, we
will attempt to compromise with their request for modifications, however, it needs to be understood
that a compromise is necessary.
The following is a summary of what Perry Homes is proposing and what CBH and Thousand Springs'
homeowners are willing to agree wifh. This is based only on the changes requested in the letter by
Bob Perry (see attached) with their application on June 15, 2012, and none other thereafter:
1) To increase the amount of units from 264 to 276. Acceptable by the homeowners.
2) To describe the property as a single lot wholly owned by a single owner and maintained with a
high standard of care. Acceptable by the homeowners.
3) Allow for 138 garages. Acceptable by the homeowners provided these garages match the
decor of the apartment buildings,
(cont.)
JUL-12-2012 13:45 From: L. Kovarik 208 288 0015 To:8884218 Pa9e:3~6
Page 2
4) No carports over the ACHD easement but surface parking. Acceptable by the homeowners,
however, all landscapinq in that area to remain as per the original agreement proposed in
February to include the type of landscaping that will not have deep root systems, This means
that the surface parking and landscaping needs to somehow be integrated togefher.
5) Allow for an elevation change to be more traditional, Acceptable by the homeowners, however,
the roof must be no greater than a 4/12 pitch and no higher than 30 feet at the midpoint as
measured according to the city ordinance. The height was a major issue with the homeowners
at the February meeting, and the original elevation proposed at that time made it somewhat
acceptable. With the City's measurement standard being what it is, the total height of the new
elevation proposal will far exceed the flat roof design as was originally proposed and agreed
upon by the homeowners. The homeowners do welcome the new elevation style, buf insisf
upon the specifications as set forth earlier in this paragraph. Several suggestions to meet
those specs would be to either 1) lower the apartment ceiling heights, or 2) set the first floor
units into the ground 4 ors feet.
6) Third access point of south end of property. Acceptable by the homeowners, however, with a
gate installed across that access point. This gate does not need to be locked, just present to
discourage and deter ingress and egress.
7) Allow for carport design as per attached. Acceptable by the homeowners, however, language
needs to be written into fhe use and development agreements that specifically addresses the
use of parking (all vehicles must be registered and licensed to date) and that no trash, storage,
or clutter will be permitted in that area.
8) Allow for vinyl dumpster enclosures. Acceptable by the homeowners.
9) Landscaping to be limited as depicted on the attached plan, This is totally unacceptable by the
homeowners. Although garages will be built on the southern border, the landscaping on that
border still needs to be teeter than the City ordinance requires. A compromise to this would
be to provide half as much as originally agreed in February. Also, as originally agreed, the
caliper of these trees and shrubs needs to be met, plus their installation needs to 6e at the
start of construction to somewhat block out the work being performed during while fhe
apartments are being built. This also applies to the landscaping being requested in paragraph
#4 of this letter.
90) No fencing will be required. This is Totally unacceptable by the homeowners. The main reason
originally for the fencing was to stop or at least slow any increased foot traffic info the adjacent
residential areas for various reasons including any types of crime. Although garages will now
border the south, a compromise will be to have fencing in all the areas along the southern and
southwestern borders as originally planned in February, except not where the garages will be,
except that fencing needs to be attached to those garages as so no foot traffic can go Through
(hose areas on the most southern and southwest borders. Also, as requested and agreed in
February, that needs to be built at the start of construction, whfch in this case means the fence,
garage, and landscaping on the south and southwestern borders needs to be the first items
installed at fhe start of construction as the apartment buildings.
As stated earlier, these acceptances and compromises apply o~ to those items requested by Bob
Perry in his letter attached to the Planning Department on June 15, 2012. Any and all other changes
beyond that need to be discussed between Perry Homes and the representatives of the homeowners of
CBH and Thousand Springs prior to the P and Z Commission's approval with the exception of the new
site plan to include the landscaping and building layout proposal within the borders. That is
acceptable by the homeowners.
(cont.)
JUL-12-2012 13:46 From: L. Kovarik 208 288 0015 To:8884218 Paae:4~6
Page 3
1 will be present at the meeting on July 19, 2012, and any questions pertaining to this letter can be
directed to me either that night or prior byphone or a-mail.
Thank you,
~•
arty E ovarik
Date
JUL-12-2012 13:46 From: L. Kovarik 288 288 8815 To:8884218 Pa9e:5~6
Condition Use Amendment/ Development Agreement Amendment
Narrative
To whom it may Concern, ,
William 0 Perry, "Applicant", currently has 11.53 acres within Gramercy Park, as defined on the
attached, "Property" under contract. The. closing on the Property Is contingent upon finalizing certain
enkitiements with the city of Meridian, The Applicant is working closely with Taylor Merrill,
representative of the current owner Gramercy LLC during the development agreement amendment
process.
Gramercy LLC and Meridian City originally entered into a development agreement signed on A,prll 2,
2012 and recorded on April 11, 2012 instrument number 112033247, "original Development
Agreement".
The Applicant is requesting a modification to the Original Development Agreement to altowfor a
multifamily development that will utilize the prop@rty to its greatest potential, maximlte usable open
space for future residents and create an architectural theme consistent with the existing features within
Gramercy Park. The regUestesi modifications are primarily derived from creating a space in which
residents can feel safe, enjoy onstte amenities, be connected to the .amenities the surrounding area
provides, and promote a more timeless architectural Style wkhin the proposed buildings.
The Applicant is requesting the following to be added to or modified within the original Development
Agreement:
- Allow for 276 units on the Property
o This density is still well within the exlstir~ zoning of R i-40 and provides the parking and
landscaping ratios as outlined by city code
- The Property will be described as a single lot and wholly owned by a single owner and will be
maintained by a high standard of care.
o This will be written into thQ development agreement and recorded against 'the property
to insure that any.future owner will be bound by this commitment and that the Property
will never be sold off piece mill or maintained in a subpar condition
- Allow for 13& garages ko be built as a part of the protect
o Residents prefer the convenience and safety of a garage.over a carport. This feature will
add s~gnif~cantly to the upscale feel of the project upon completion
Allow for there to be no carports over the ACHD easement on [he south west corner of the
property but allow surface parking In this area. The number of required carports on the
property will be reduced by 28 due to the encroachment of the ACHD easement,
o ACHD has stated in our meetings with ahem that they will not allow any permanent
structures or significant landscaping, i.e. trees or large shrubs with deep root systems, to
be placed within their storm drain easement. They are, although, willing t0 permit
JUL-12-2012 13:46 From: L. Kovarik 208 288 0015 To:8884218 Page:6~6
surface parking within their easement. It Is vital to the functionality of the project to
have surface parking over the ACl9D easement.
Allow for elevation change on buildiggs Showing a more traditional style architecture
o The.Applicant awns and manages over 1.300 units in Idaho and tltah and is experienced
in developing projeces that portray timeless architectural themes. The proposed themes
are much more conventional than those portrayed in the Original Development
Agreement, Ths fiat roof style is very concerning to the Applicant due to aesthetics as
well .as significant maintenance issues aver time compared to a pitched roof.
- Third access point to b.e located on the south end of the Property
o This access point will be accessible to emergency personnel and will be more fully
improved by the property owner to the south upon the development of the south
property. No other access points will be provided on the Property,
- Allow for a car port design as is shown on the attached exhibit
- Allow for vinyl dumpster enclosures p,er the attached exhibit
- Landscaping along the south and east property fines be limited to what is depicted on the
attached landscaping plan
o Landscaping behind the garages will be of no benefit'to the residents. The garages will
Create a .barrier from adjacent properties and thereby protect from any light pollution
traveling to the surrounding neighborhoods, As we understand it this was the primary
reason behind the landscaping plan as outlined in the previous development agreement.
- IVo fencing will be required around the perimeter of the Property
All other changes and modifications to the Original Development Agreement would be per the attached
site plan and conceptual elevdtlons that will be Included in the new development agreement.
The sectJons o~ the Original Development Agreement that will be modified are primarily section 5 a, b, d,
e.
We are excited about the prospect of this project and commencing a long term relationship with
Meridian City. We look forward to working with the departments of the City in mutually developing a
successful project that will be a valuable asset to the community for many years to carpe.
Sincerely,
Bob Perry
Perry $ Associates, InG
~ L-12-2012 13:45 From: L. Kouarik
.fury 12, 202
To: City Clerk's Office
888-4433 (phone)
888-4218 (fax)
From: Larry E Kovarik
208-0015 (phone and fax)
208 288 0015 To:8884218
Paae:1~6
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