HomeMy WebLinkAboutPetition by Neighbors~~ ~. ~~
PETITION AGAINST RE-ZONING FROM R-4 TO R-8
IN COLEMAN CABELA CREEK SUBDIVISION
Good day, Neighbor! I want to start by thanking you for your time to listen to a
neighborhood appeal.
There was a Public Hearing with the Planning & Zoning Division at the Meridian City
Hall scheduled on Nov 19, 2009, at 7:00 PM, but, Coleman Cabela Creek had asked for a
Continuance for December 3, 2009. This hearing is about re-zoning a section of the
Coleman Cabela Creek Subdivision to be changed from R-4 which has a minimum living
space of 1400 sq. ft to R-8 which will allow the developer to build a smaller square footage
home than 1400 sq. ft. His request is to be able to build 7 homes that will be 1271 sq ft.
As a resident at the Coleman Cabela Creek Subdivision, we have already taken concession
as to the reduction of the size of the homes being built because the previous developer sold
the property to Coleman Homes. We, the existing homeowners in the subdivision, signed
a Cabela Creek Subdivision CC&Rs that required a minimum living space of 2400 sq. ft.
The new Coleman Cabela Creek CC&Rs now states a minimum living space of 1271 sq ft
and it is a single storey, 1000 sq ft. These are starter homes that will sell cheap and will
end up as investment properties, rentals and thusly, will not be taken cared of as a
homeowner would. It already has brought our property value down with the houses that
are currently being built by Coleman Homes and to lower the size of homes down to 1271
sq ft. will lower it even more. Not only are we affected by this, but, also homes that are in
close proximity to the area in our subdivision that these homes are being built.
I know that your time is very important and although you may not approve of this change
either, you may not have the time to voice your opinion at the hearing on Dec 3rd, so I
come to you to ask for your signature that you DISAPPROVE of re-zoning Coleman Cabela
Creek Subdivision from R-4 to R-8. I will try my very best to represent our concern at the
Public Hearing on Dec 3, 2010 at the Meridian City Hall. If you are interested to attend,
please do so. It will be at 7:00 PM.
Thank you very much,
j~ECE~VE~
DEC 0 3 2009
Rose Crandall
Resident and Homeowner
Coleman Cabela Creek Subdivision
CITY OFGt'TE~~~~
CITY CLERKS OFFICE
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3.2~ ""bract" shall mean a defined portion ofthe Property within which the contemplated
development invol~-es a common use or compatible uses, and which may have been designated as a
Tract by this Declaration or a recorded Suhplen~ental I)eclaratiun. Mach Tract shall contain one or
more Building Lots, and may be mana~,ad to the c~tent permitted herein.
3.~6 "Waterway" shall mean any surface eater amenit~~, including, without limitation, an}'
lake, pond, chaiulel, slou~~h, strum, or reservoir, natural or artiticial, which is located on the
Property and which is included within or managed as Conunon :area.
ARTICI.1~. (V: GINI_;RAI, AEI) St'h;CLL~[C_[ZI;S"[~E~IC"LIONS
4. i Structures - Generall~~ ,~~I l structures are to he designed, constructed and used in such
z manner as to promote. compatibility with the t~~pes of use contemplated by this Declaration.
~.l.l L'~se and Si~e_of_I)wellin~~ Structure. ~~ll Building hots shall be used
exclusively liar single-family residcutial purposes. Au Building I,ot shall be improved except
with asingle-family dwelling unit or structure. "[,he minimum struetlrre size in Cabella Creek
Subdivisieu-sh~ill_l~e.~I.wc~ I,:1i~~usand Dour I[undrec~(2,=I00) squ~ue-~eef.exclusiv~ of-garages,.-•
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pc~rches and patios. ~l wo-story buildings shall have a minunuul_~~~ Or~e_~.~usand Eight
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f-Iundred~T.~bb) syua~e_le~t Uii._the.ilzam levol exclusive of garages, porches arld patios__
Single-story -Sfriictures with bonus room over garage must have a minimum of_Two
Thousand-(Z,~DO) square feet on the main level, exclusive of ~~arages, patios and ,porches.
This criteria shall apply to all phases.
-l.1 .`_' :lrchitcctural ~'ornniittee_~_aC-C" Peview. No hnprovcment which will be
visible above ~~round or ~~~hich will ultimately affect the visibility of any above ground
lmprovcmcnt shall he built, erected, placed. ur nuitcrially ahcrcd or removed fi~om the
property unless and until the huildin~~ plans, specifications, hlul plan atld/or other appropriate
plans and specitications have been reviewed in ad~~ance by the .~~rcllitectural Cotrunittee told
the same have. been approved in writing. OwncrsiBuilders must submit two (2) sets ofplails
to Granter prior to the start of construction f~~r review. including a plat plan, floor plan and
all elevations. ~Chese plans will he held i~~r thirty (30) da}-s after completion of the project.
In addition, O~~n~rs-Builders must suhrnit paint c};ips, brick, stone or stucco colors for
revie~y and approval by the :ACC; prior to their use upon any Improvement. The review and
approval or disappriwal may Lc based upon the t~>llowing factors -sire, height, design and
style elements. mass and f~r)rnl, topography, setbacks, finished ground elevations,
architectural s~~nunetrv, drainage, color, nuiterials, including ACC approved architectural
shingles, roofin~~ material, physical i~r aesthetic impacts on other properties, including
Cotluiloii Ardis, artistic con(~~rmity to the terrain and the. ocher hnprovements on the
Property, raid any and all other factors which the ACC. in its reasonable discretion, deems
re.leva.nt. Said requirenunts as to the approval of the architectural design shall apply only to
the exterior appcar~uice of the, lmhro~~enlents_ ~fhis Declaration is trot intended to serve as
hF_('L,UZA"PION (ll~ COVI?~AN'fS. C'O\l)ITIOti~ti, :~V'I) IZI;STRIC"1'1O\S
E~Oli C:1 I;f~:LL:1 ('REb;K ~l'[3Uf~~l~((l~ - P:1(~F: - ~ (>F -12
hey 3/320(1
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Impro~°ements conform aiul harnu~nirc as to external ~le~i~~n. quality and type of consU'uct~on.
architectural character. materials, color, location un the Property. height. ~~rade and tinished
~~round elevation. natural conditions, landscaping, and all aesthetic considerations as set forth in
this Declaration and in the Architectural Desi~~n Guidelines.
I'he Association. after reasonable notice to the ot7ender and/or to the Owner, i1~av remove
anv Improvement constructed. reconstructed, refinished, removed. added, altered or maintained
in violation of this Declaration and/or the Architectural Design Guidelines and the Owner of the
Improvements shall inuncdiately reimburse the association for all expenses incurred with such
removal Each violation of this Uerlaration and the ,Architectural Design Guidelines is hereby
declared to be and to constitute a nuisance, and even- public or private remedy allowed for such
violation h~ la~~ or equity a~~ainst an Owner and/or '~-1emhcr shall he applicable.
8? 'Minimum I3uildin~i Sire and I fei~~ht. I he primary residential structure un anv Lot
shall contain at minimum one thousand two hundred (1.200) square feet of interior living space.
escludin~~ porches, patios. and ~.;ara~~es. (f the primary residential structure un a Lot contains
more than one (I) star}~. the minimum square fuota~~c at ~~rude shall be one thousand (1.000)
square feet. The primary residential st~ucture shall not exceed thirty-live (i5) feet in height,
above grade at its hi~~hest point. Nu other structure shall esc~ed t~~enty-two (?2) legit in height.
above ~~rad~ to its hi~ah~st point. unless the .Architectural Re~ie~~ Committee approves the same
in writin~~.
~.; Setbacks. Subject to the requirements of the applicable ordinances of the Cite of
tileridian. the Development n~~r~emcnt and the ri~~hts of the ;~rrhitcctural Rcvie~~~ Committee to
approve the site plan for anv Improvement to he constructed upon a Lot:
g. ~. I All residential structures shall be subject to the setbacks set forth in
the .Architectural Desi~~n Guidelines. Not~~ ithstandin~~ the provisions herein regarding
setbacks. if the ahplicahlc ordinances of the ~~overm~icntal ~ntitics havin~~ jurisdiction
over the Property require setbacks different than those provided herein, the more
reslrictive shall prevail.
8. ~.2 All other sU~uctures shall lie subject to such setbacks as ma~~ be
required by the Architectural IZevicw Committee. Not~~~~ithstandin~~ the provisions herein
regarding setbacks, if the applicable ordinances of the ~~ovcrnmental entities having
jurisdiction over the Property require setbacks dif~terent than those provided herein. the
more restrictive shall prevail.
H. ~. ; l~or the purpose of this section, caves. steps, chimneys and gutters
shall nut he considered as a part of residential structure provided however that this shall
not be const~ued to permit any eaves. steps. chimneys or ~~uttcrs or anv portion of the
residential st~ucture to encroach upon and other Lot or to violate applicable law or
regulations.
8.-1 hences and Hed~. No fences or walls shall he constructed. erected, installed or
maintained un anv Lut unless sperilically approved by the Architecun~al Review COI7lllllitel; in
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