Tustin Subdivision No. 2 ALT-15-011 Mayor Tammy de Weerd
ERIDIAN City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
IDAHO Charlie Rountree David Zaremba
April 15, 2015
Mr. Kent Brown
Conger Management Group
3161 E. Springwood Drive
Meridian, ID 83642
RE: Tustin Subdivision No. 2 (FP-13-043) -ALT-15-011
Dear Mr. Brown:
This letter is to confiiiu the Director approved your request for alternative compliance to Unified
Development Code (UDC) 11-3A-7A.7 for the subject property based on the required Findings
listed in UDC 11-5B-5E, as follows:
1. Strict adherence or application of the requirements are not feasible; or
The Director finds that strict adherence to the provisions in UDC 11-3A-7A.7 is
feasible but does not meet the Applicant's desire to provide a more secure yard area
for children and small animals in residential lots abutting common area.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Applicant proposes to construct a 4-foot tall solid vinyl fence with a 2 foot
spindle top which is essentially a combination of the two fencing types allowed
adjacent to common areas. The Director finds the applicant's proposal provides an
equal means of meeting the intent and requirements of the UDC by providing a view
of the common area from the residential properties.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of surrounding properties.
The Director finds the alternative means of complying with the fencing requirements
listed in the UDC will not be materially detrimental to the public welfare or impair
the residential uses and character of the surrounding properties.
The Applicant,Director, or a Party of Record may request City Council review of a decision of
the Director. All requests for review shall be filed in writing with the Planning Division of the
Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
Community Development Department on or before May 2, 2015, within fifteen (15) days after
the written decision is issued, and contain the information listed in UDC 11-5A-6B.
If City Council review of the decision is not requested,the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the
future. Visit our web-site at www.meridiancity.org/Planning/to fill out a comment card and give
us feedback on how we are doing.
Sincerely,
724W
Caleb Hood, AICP
Planning Division Manager
CH:sw
Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
RECEIVE*
APR 102015
11 Planning Division
E
1DAHo BY: DEVELOPMENT REVIEW APPLICATION
Type of Review Requested(check all that apply)
❑Accessory Use 0 Planned Unit Development
❑Administrative Design Review ❑Preliminary Plat
ffAlternative Compliance 0 Private Street
❑Annexation and Zoning 0 Property Boundary Adjustment
❑Certificate of Zoning Compliance 0 Rezone
❑Comprehensive Plan Map Amendment 0 Short Plat
❑Comprehensive Plan Text Amendment 0 Time Extension:
❑Conditional Use Permit Director/Commission/Council(circle one)
❑ Conditional Use Modification 0 UDC Text Amendment
Director/Commission(circle one) 0 Vacation:
❑Development Agreement Modification Director/Council(circle one)
❑ Final Plat 0 Variance
❑Final Plat Modification 0 Other
Applicant Information
Applicant name: Conger Management Group/Kent Brown Phone: 871-6842
Applicant address: 3161 E Springwood Dr Email: kentlkb@gmail.com
City: Meridian State: ID Zip: 83642
Applicant's interest in property: 0 Own 0 Rent 0 Optioned a Other Agent
Owner name: COREY BARTON (DIANNE JOSSIS) Phone: 336-5355
Owner address: 1977 E OVERLAND RD Email: DJOSSIS@CONGERGROUP.COM
City: MERIDIAN State: ID Zip: 83642
AgentlContact name(e.g.,architect,engineer,developer,representative): KENT BROWN
Firm name: KENT BROWN PLANNING Phone: 871-6842
Owner address: 1977 E OVERLAND RD MERIDIAN ID Email: KENTLKB@GMAIL.COM
City: MERIDIAN State: ID Zip: 83642
Primary contact is: 0 Applicant 0 Owner CI'Agent/Contact
Subject Property Information
ODUP 1west of Locust Cirove and McMillian intersection
Location/street address: Township,range,section: 4N;1E SEC30
Assessor's parcel number(s): Total acreage: 15.26 Zoning district: R-4
Community Development■Planning Division•33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642
Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning
-1- (Rev.06/12/2014)
Project/subdivision name: TUSTIN#2
General description of proposed project/request: Alternative compliance request to use 4ft solid with
2ft spindles on Lot 1,Block 4
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed(check all that apply):
0 Residential 0 Office 0 Commercial 0 Employment 0 Industrial 0 Other
Who will own&maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated(if primary or secondary point of connection is City water):
Residential Project Summary(if applicable) N/A
Number of residential units: Number of building lots:
Number of common lots: Number of other lots:
Proposed number of dwelling units(for multi-family developments only):
1 bedroom: 2-3 bedrooms: 4 or more bedrooms:
Minimum square footage of structure(excl.garage): Maximum building height:
Minimum property size(s.f): Average property size(s.f.):
Gross density(Per UDC 11-1A-1): Net density(Per UDC 11-1A-1):
Acreage of qualified open space: Percentage of qualified open space:
Type and calculations of qualified open space provided in acres(Per UDC 11-3G-3B):
Amenities provided with this development(if applicable):
Type of dwelling(s)proposed: 0 Single-family Detached 0 Single-family Attached 0 Townhouse
0 Duplex 0 Multi-family 0 Vertically Integrated 0 Other
Non-residential Project Summary(if applicable) N/A
Number of building lots: Common lots: Other lots:
Gross floor area proposed: Existing(if applicable):
Hours of operation(days and hours): Building height:
Total number of parking spaces provided: Number of compact spaces provided:
Authorization
Print applicant name: KENT B'
Applicant signature: d / Date: 4/6/15
Community Development•Planning Division•33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642
Phone:208-884-5533 Fax:208-888-6854 www.meridiancity.org/planning
-2- (Rev.06/12/2014)
KENT BROWN
PLANNING SERVICES
April 6,2015
Meridian City
Attn. Sonya Watters
Development Services
33 E Broadway Ave
Meridian ID 83642
RE: Request for Alternative Compliance Tustin Subdivision No 2
Dear Sonya:
In the area around Lot 1, Block 4 we desire to use a four foot solid with a two foot spindle on top
see Exhibit A. We believe this type of fencing is superior design to a four solid or a six foot
open vision fence as required by Meridian City Code (UDC11-3A-7a& b) Which states"
7. Regulations for fences along pathways and common open space areas are set forth below:
a. The developer is responsible for constructing fences adjacent to micropath connections to
distinguish common from private areas.
b. Fences adjacent to all pathways and common open space shall be:
(1)An open vision fence up to six feet(6') in height, as it provides visibility from adjacent homes or
buildings;or
(2) If closed vision fencing is used, it shall not exceed four feet(4') in height. This does not allow four
feet(4') of closed vision fence with two feet(2') of open vision fencing."
Conger Management Group has used this fencing design in other projects, and has found the design
to be a good balance between safety and privacy needed in common area fencing. Many times
the open vision fencing provides a clear vision of the common area which helps to provide
security of the common area. However, that clear vision creates some safety challenges for small
child and small pets on both sides of that fencing. The old saying "Grass is greener on the other
side of the fence"may explains some of those challenges. When children and pets see through
the fencing, there is a desire to get through the fencing. The four foot solid fencing does prevent
the small children and pets from seeing through and does provide some privacy for those
residents backing out on the common areas. However there is less safety with a four foot fence.
The four foot fence can easy be climbed and the feedback from our marketing people makes
many of buyer nervous. We believe the two foot spindle provide the added safety those buyers
are looking for but with securely to the common area.
We ask that you approve this request.
Sincerely,
Kent Brown
Planner
3161 Springwood Dr • Meridian, Idaho 83642 • Tel.: 208-871-6842 •
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, Cior��/6G 76A1 77 k, Oz>6/1G)-i U
yJ� i. (name) (address)
, ID
(city) (state)
being first duly sworn upon,oath,depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
KENT BROWN 3161 SPRINGWOOD DR MERIDIAN ID
(name) (address)
to submit the accompanying application(s)pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this 10 day of II A ✓-Al
Alp
(Si,nature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
:4)/k•
(Notary Public for Idaho)
s e Residing at: ��G} Q� ,Lb
•
• a
•® ,p s,p1A31.,"\-G41My Commission Expires: ("DS-
••:4zE OF�.�•
33 E Broadway Suite 210 • Meridian,Idaho 83642
Phone: (208)884-5533 • Facsimile: (208)888-6678 • Website:www.meridiancity.org
'',,,'.,-t7i'47i:4',,t'sit„,t7J'- r,-
,iy r
.,:.„;...,3:, : 1 .... ......, ..... ''.7
c . 0 .1--.,.,,,..."-:. ,e
}
J
S
se ,
,
Un r
f
-:.---_,_ „ f „_4---..7t''''''4:.t,',,'-'1:',,:,'..1:-'.'''.. ,
�4
P
�
i
litemerageat
v ; #.�
F