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Applicant Response to Staff Report & Letter to City Atty dated 10/4/10CEI~TERP~INT INTEGRATED SOLUTION 5 August 6, 2012 Meridian Planning Department Attn: Sonya Watters 33E Broadway, Suite 102 Meridian, ID 83642 RE: Response to Staff Report: David Kleiner Property - MDA-12-006 Ms. Watters, Please accept this letter in response to the Staff Report identified above received by this office on August 3, 2012. We would like to clarify that the proposed Development Agreement Modification is only applicable to the east % of the parcel identified as the David Kleiner Property. This property is further defined in Exhibit C to the proposed Development Agreement Modification. CarMax is under contract to purchase this portion of the David Kleiner Property pending entitlement(s) approval from the City. We propose the following revisions to the conditions contained in Exhibit A.S: Applicant Proposed & Staff Recommended Changes to the Development Agreement. 1. In order to clarify the intent of the berm along N Venture St, we propose the following language be added to Staff's proposed condition. In order to screen headlights from view, aA berm shall be constructed within the street buffer along the eastern boundary of the site adjacent to Venture where no fencing/wall is proposed and where the site is adjacent to a residential use. Landscaping shall be installed in this area consistent with the standards listed in UDC 11-38-9C, Landscape Buffers to Adjoining Uses. Although CarMax does not use outdoor loudspeakers for announcements or paging as part of their daily operations, they do use speakers as part of their security operations. Small speakers are positioned around the site to alert trespassers that their presence on the site is not welcome and to indicate that they need to leave the premises. The speakers are connected to the video surveillance unit at the CarMax home office in Richmond, Virginia. The speakers are not accessible by staff at the local store. We propose to modify Staff's recommended condition to reflect this security need. The use of flags, balloons, placards in open car hoods, painted window lettering, or the like for marketing purposes, and outdoor loudspeakers used for audible paging systems on the site shall be prohibited. External speakers used for voice-down security system are allowed, provided that the speakers are pointed away from neighboring residences. Additionally all lighting on the site shall comply with the standards listed in UDC 11-3A-11 and be reduced after hours. 3. It is our understanding that the proposed subdivision will qualify for the Short Plat Process as defined in UDC 11-6B5. We propose to modify this condition as follows. The subject property shall be subdivided in accord with UDC 11-6B5 -Short Plat Process, prior to issuance of any building permits for the site. ~ fi .rl €'~ (.c :. €'i ~°~,,, ~ ~ ..~~ :'~"~'~=: ' j € arc:e~~`cc3~, CCI 80~i39 ~ 303.670.4111 ~ Fax: 303.670.4172 www. centerpoint-is. com CarMax-Meridian, ID August 6, 2012 Based on the mutual understanding between the City and the Kleiner Family Trust outlined in the attached letter dated October 4, 2010, we propose to modify Staff's condition regarding direct access to E Fairview Ave as follows. Direct access to E. Fairview Avenue is prohibited, unless otherwise approved by *"~ ~~or n"^~~^~~ ^~~~ACHD and such determinations as so approved will be accepted by the City without the imposition of restrictions regarding access to collector and arterial roadways under UBC 11- 3A-3 or otherwise. 5. We would like to modify the condition related to the extension of water and sewer as indicated below. The current condition seems to require the alignment to be within the N. Venture Street right-of-way. It is our understanding that Staff may support alternative alignments for the water and sewer connection near the southeast corner of the subject parcel. The language below allows for flexibility in the alignment at a later date, while still meeting the intent of the UDC. The applicant is financially responsible for % the cost of extending sanitary sewer and water rorn its current location in Elden Gray Lane to N. Venture Street and fully responsible for the extension of sanitary sewer and water to a point approximately 235 feet north of the southeast corner of the subject parcel, which is within the N. Venture Street right-of--way. We have read the remainder of the staff report and agree with the conditions not modified above. Please feel free to contact me with any questions at 303.679.6974 orjhertz@centerpoint-is.com. Thank you, Jake Hertz, AICP Development Manager CenterPoint Integrated Solutions, LLC Cc: John McNamara, CarMax Deb Nelson, Givens Pursley LLP Doug Russell, The Land Group David Kleiner 2 ST4FL RIVELS ATTOSlNEYS AY LAW October 4, 2010 Mr. William L.M. Nary Meridian City Attorney 33 East Broadway Avenue Meridian, TA 8~b42 Re: Ctity of Meridian - Kleiner lFazrtitiy 'I~rust Dear Bi11: • DAVID H. ROCKWE[.L Dl~ecd (20b) 386-7b94 dhrocltwetlQstuel,com i eao unlyenftysucel, lulu 3600 SeY1l4 WmW~gttm 98ro1 main 2Da62a M/pQ fati 206.386.73(10 ~ Mxwslod:com I Thank you for youx email of August IBth in which you confirmed that the City Council has reitera its a}~proval of vehicular access on all four sides of the property {the East Parcel) retained by the t Kle>srler Family Trusts {"KFT") az~d identifZed in Exhibit A to the Development Agxeemeizt betvr~ KFT and the City dated January 20, 2009. As we have discussed, the timing of the event development of this property remains uncertain, and it is possible that no attempts to do so will made far sevexal years. Consequently, our client has asked that we rneraorialize the City's l YC.FT's mutual understanding of the following: a} As part of the eventual development of KFf's properties, including the 22 acres ~ of Eagle Road and the 72 acres west of Eagle Road as ideatifted in Exhx"bit A of Development Agreement, the City wilt approve the vehicular access between l< property and the adjoining existing and future roadways (including Fairview Aver Records Road, Park Lane, Venture Street, and River Valley Road)1 at such locals as are requested by KFT or its assignee as part of a future development applicat provided that (i} such access Locations are approved by ACRD, and (ii) the cone plan attached to the XCFT Development Agreement shows vehicular access from k propertX to such ACRD existing or future roadway (the concept plan is shown as "Conceptual Site Plan" attached to the Planning Department's Staff Report to Mayor and City Council for thQ 1'^Iearing Date of January 8, 2008, which is attached as part of Exhibit $ to the Development Agreement}, The Conceptual Plan does, in fact, shovy vehicular access to/from the 22 aare:Bast Parcel and ~1?airv Avenue; Records Road, Park Latze, and Venture Street, and to and fxom the 72 i West Patrcel and Fairview Avenue and Rivex Valley Road, ~ Accgss to Eagle I~oa~ was~..~reviously addressed~through a variance granted by the City and is not '~ the sut~ject of this letter.'. •~ : •~ :. ~, i • ,. t,:. •t ~ ~ ~ 7ozoa7sz.~ ooaos~a-opgo~ , • r Alaska Callfornla C~IOrado t. ... ' ldako Mlnncsote~ Or2gon Ulah Washlagton Mr. William L. M. Nary October 4, 2010 .Page 2 b} 7'lie a~urnbers arsd exact locations of the access points on each of such KFT parcels', from and to the adjoining ACHI7 existing atxd fixture rights-of-way will be determined by KFT subject to approval by ACHD and such determinations as so approved will be accepted by the City without the imposition of restrictions regarding access to collector and arterial roadways under 17BC 11-3A-~ or otherwise. . I ' Vile believe this appxoach is entirely consistent with the wording of the Development Agreement, and t in particular Sections 5.1,2 and 5.1.8 thereof, but again, want to ensure that KFT and the City are in agreement on the import of those provisions and float this will not be affected by the passage of time, ~ xiew personnel who may not be as familiar with the background of the Development Agreement or the like. 1 We would appreciate having this letter countersigned to reflect the Cify's concurrence of the statements in (a) and (b) above and retazrned to my attention for our files. ' ''''"Thank you again f'or your assistance. ' ~ V'~ry trot ouxs, 'Gid oc ell Stoel Rives LLP cc: Mr. David Kleiner The statements in parts (a) and (b) of this letter are ackr-owledied and agreed to on the dates set forth opposite the signatures below. Office ofthe Meridian City Attozney By: ~~'~ Printed N' e: f t u Title: ~~ ~~~ ~rta •-/ t t-. Date: ~~ ,.~ ~ .. ., , 2010 ~ ~: 7020&752.10040834-00006 •.