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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 Page 1 of 6 pages including cover