Bear Creek Home Owners Association

Bear Creek Home Owners Association 292 Cave Bear Meridian, Idaho 83642

July 9, 2007

Tammy deWeerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, ID 83642

Subject: Applications RZ 07-012-Valley Shepherd Rezone and AZ 07-009- Queensland Acres, Annexation and Rezone

Dear Mayor deWeerd:

This letter transmits a petition signed by 236 taxpayers, voters, and residents of Bear Creek and Strada Bellissima Subdivisions located within the city limits of Meridian, Idaho who oppose the above applications. The petitioners request that you and the City Council give serious consideration to issues involving these developments and vote in opposition to or consider more compatible zoning for:

 Valley Shepherd Rezone from R-8 to Commercial CG (Application RZ 07- 012); and,

 Queensland Acres annexation and rezone from R-1 to Commercial CG (Application AZ 07-009).

The proposed rezone requests if permitted will have direct impacts on the habitability and home values of both subdivisions.

We implore you and the Council as our elected officials to consider the following issues/impacts and address each issue prior to approval:

ISSUES:

1. Land Use/Zoning

Queensland  The current land use of the proposed Queensland Acres is currently R-1, one house per acre. The request for a rezone to Commercial CG would leap from 1 home per acre to Commercial CG, allowing 200,000 s.f. buildings with 65’ walls and essentially no transitional zoning buffer between a low to medium density residential and a “Big Box” style store. This rezone would be a questionable application of the City’s Comprehensive Plan guidance, e.g., Meridian

1 Comprehensive Land Use Plan, page 106 which states: “Redevelopment of this type of area is to be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property.”

 The intensity of the existing use has been R-1, a density lower than the adjacent land use of Bear Creek at R-2.6 to R-4. A residential high density or Commercial CN (neighborhood commercial) would be a more compatible transitional zone for this property. If Commercial CG were permitted, there would be no transition from high end commercial to the low to medium density residential with residual impacts on existing homeowners. Thus the redevelopment and rezoning should only permit a rezone to a higher density residential or a Commercial CN (neighborhood commercial) zone.

Valley Shepherd  The current land use of the proposed Valley Shepherd Rezone is currently R-8. The request for a rezone to Commercial CG would leap from 8 homes per acre to Commercial CG, allowing 200,000 s.f. buildings with 65’ walls and a minimal buffer between a low to medium density residential and a potential “Big Box” style store. This rezone would be questionable application of the City’s Comprehensive Plan guidance, e.g., Meridian Comprehensive Land Use Plan, page 106 which states: “Redevelopment of this type of area is to be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property.”

 The intensity of the existing use is R-8, a density which is considerably lower than a Commercial CG. A residential high density or Commercial CN (neighborhood commercial) would be a more transitional zoning for this property. If Commercial CG were permitted, there would be no transition from high end commercial to the low to medium density residential with residual impacts on existing homeowners.

2. Meridian Comprehensive Plan - Goals, Objectives, and Action Items

Queensland & Valley Shepherd  In chapter VII of the Meridian Comprehensive Plan, page 109, item D addresses goals, objectives, and action items.  The following goal/objective/action addresses the City’s own actions to ensure that transitional zones be identified to provide a buffer between commercial and residential zones:

Goal I: Ensure a variety and balance of land uses to support the Meridian Impact Area

Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area

2 Action 7: Identify transitional zones to buffer commercial and residential uses, to allow uses such as office and other low intensity uses.

A re-zone to Commercial CG for these areas does not meet with Goal 1, Action 7. There are no transitional zones to provide a buffer between commercial and residential uses in this area, thus a rezone to Commercial CG would be incompatible with a residential low to medium densities of the adjacent Bear Creek and Strada Bellissima Subdivisions. Bear Creek would be the most impacted by this rezone.

The example already set by the City of Meridian in allowing Lowe’s to build immediately adjacent to Bear Creek’s north boundary is a good example of CG commercial zoning and the negative impacts this has on a low to medium density residential area. There was no action taken by the City to identify a “transitional zone” to buffer the commercial and residential uses as prescribed in the Comprehensive Plan.

PROPOSED ACTIONS TO ADDRESS Land Use & Density:

 Judiciously apply City of Meridian Comprehensive Plan guidance on redevelopment carefully considering the intensity of the existing use, the underlying zoning, the surrounding land use, the location of the property, and transportation issues in the decision making process on the land use for this development. In consideration of this guidance and the adjacent land use, permit only Commercial N or lower rezoning.

 Apply the City’s own Action item 7 from page 109 of the Meridian’s Comprehensive Plan goals and objectives which advocates that transitional zones be established as buffers between commercial and residential uses.

2. Access/Traffic Issues

Valley Shepherd  A Commercial CG zone of the Church’s property would increase traffic significantly on the primary access out of the Church’s property. The burden for most of this traffic will be on Strada Bellissima Subdivision with residual impacts to Bear Creek. The only protected intersection is Victory Road which means that all north bound traffic will exit the area via Alfani Way to Victory, creating intolerable congestion and traffic through Strada Bellissima Subdivision which was not designed as a collector road. Its purpose and function is as a subdivision road with homes backing onto the street on both sides of the road.

 The Valley Shepherd Church was adamant about not having a collector road located on their property when proposed by the City of Meridian in the Fall of 2006, however, now they are requesting a rezone of their land to Commercial CG with no direct access off their property to Meridian Road. The access would have to be provided by Alfani Way, through Strada Bellissima Subdivision, adding significant traffic to a street not designed for high volume traffic or a collector road.

3  A 2006 study by the Institute for Local Self-Reliance found that this type of zoning which allows up to 200,000 s.f., 65’ walls, minimal 25’ buffer, generate over 10,000 vehicle trips/day. The amount of traffic is directly related to the size of these stores. The larger the store, the larger the geographic area from which it pulls customers and thus the higher the traffic counts. A 200,000 s.f. store typically generates more than 10,000 car trips on weekdays and more on weekends.

Queensland  The Queensland developer and Lowes have both agreed that Alaska Avenue not be made a through street. ACHD is proposing that it still be provided but that it be a circuitous route through the Lowe’s and adjacent Queensland Acres parking lots. It makes no sense to have this road opened when both Bear Creek Residents and the Developers do not want the road.

 Based on the information presented above regarding the 2006 Study by the Institute for Local self-Reliance, traffic generated by Lowe’s and the other proposed commercial structures would develop 10,000 vehicle trips /day. This traffic needs to be kept on streets designed to handle this level of traffic. Bear Creek homeowners have no desire to have residual traffic funneling through their subdivision.

PROPOSED ACTIONS TO ADDRESS Access and Traffic Issues:

 Support Bear Creek and Strada Bellissima position on keeping traffic out of their low to medium density subdivisions

 Communicate this position to Ada County Highway District in regards to traffic and transportation issues.

3. Devalues Property

 Commercial CG zoning will significantly devalue properties that abut it or are visually connected to it. Homeowners purchased their properties fully expecting that their elected officials and City Planners would give careful thought and consideration to adjacent land uses and appropriately zone lands to reflect their own guidance found in the June 2006 Meridian Comprehensive Plan on page 106. The guidance states: “Redevelopment of this type of area is to be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property.”

4 PROPOSED ACTIONS TO ADDRESS Property Devaluation:

 Judiciously apply City of Meridian Comprehensive Plan guidance on redevelopment carefully considering the intensity of the existing use, the underlying zoning, the surrounding land use, the location of the property, and transportation issues in the decision making process on the land use for this development. In consideration of this guidance and the adjacent land use, permit only Commercial CN or lower rezoning.

4. Noise Pollution

 Commercial CG zoning allows businesses that create extensive noise which is not compatible with low density residential housing. Deliveries at all hours of the day, back up alarms, lighting, loud speakers, drive through facilities, etc., create noise that is incompatible with residential areas.

PROPOSED ACTIONS TO ADDRESS Noise Pollution:

 Judiciously apply City of Meridian Comprehensive Plan guidance on redevelopment carefully considering the intensity of the existing use, the underlying zoning, the surrounding land use, the location of the property, and transportation issues in the decision making process on the land use for this development. In consideration of this guidance and the adjacent land use, permit only Commercial N or lower rezoning.

5. Visual Pollution

 Commercial CG zoning allows 200,000 square foot structures with a maximum of 65’ walls, which blocks residential views, shades yards, and has a minimal buffer of 25’ with very limited plantings for screening. The residences that border these developments are directly impacted.

PROPOSED ACTIONS TO ADDRESS Visual Pollution:

 Judiciously apply City of Meridian Comprehensive Plan guidance on redevelopment carefully considering the intensity of the existing use, the underlying zoning, the surrounding land use, the location of the property,

5 and transportation issues in the decision making process on the land use for this development. In consideration of this guidance and the adjacent land use, permit only Commercial N or lower rezoning.

The undersigned residents of Bear Creek and Bellissima Strada Subdivisions are very concerned about the Queensland Acres and Valley Shepherd rezones as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter prior to application approval.

Many of the homeowners will be attending the Planning and Zoning meeting on July 19, 2007 to address these issues with the Commission. We look forward to sharing our concerns with the Commission and the City of Meridian staff.

Sincerely, s/s Brian Beckley (note: scanned signatory page follows this page)

Brian Beckley Vice President Bear Creek Home Owners Association

Enclosure KEM/kem/7/9/07 cc: Will Berg Michael Rohm Meridian City Clerk Chairman, Meridian Planning & Zoning

Joe Borton David Moe President, City Council Meridian Planning & Zoning Member

Keith Bird Wendy Newton Huckabay City Council Member Meridian Planning & Zoning Member

Charlie Rountree Steve Siddoway City Council Member Meridian Planning & Zoning Member

David Zaremba Keith Borup City Council Member Meridian Planning & Zoning Member