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.
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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
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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
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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.'. •~ : •~ :. ~,
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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 •.