Woodburn West No. 2 ALT-15-010 Mayor Tammy de Weerd
IDIAN City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
IDAHO Charlie Rountree David Zaremba
April 20, 2015
Mr. Kent Brown
3161 E. Springwood Drive
Meridian, ID 83642
RE: Woodburn West Subdivision No. 2—Alternative Compliance (ALT-15-010)
Dear Mr. Brown:
This letter is to confirm the Director approved your request for alternative compliance to Unified
Development Code (UDC) 11-3B-7C.2a 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 UDC 11-3B-7C.2a, which requires
residential subdivision street buffers to be on a common lot maintained by the
homeowner's association, is not feasible for the portion of the development that abuts
W. Ustick Road. This property is part of the subdivision, however, ownership of this
1.7 acre property was retained by Ms. Saleen. Upon redevelopment, a new
preliminary plat will be required and the buffer can be placed within a common lot
maintained by the homeowner's association at that time.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Because the buffer area is owned and will continue to be maintained by Ms. Saleen
and there is existing dense landscaping within the buffer area, The Director finds the
proposed alternative compliance provides an equal means of compliance with UDC
11-3B-7C.2a
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 compliance with UDC 11-3B-7C.2a will
not be detrimental to the public welfare or impair the intended uses and/or character
of the surrounding area.
Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
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 on or before May 5, 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,
Cale 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
MAR 2 5 2015
(.. /C/171E IDIAN
Planning Division
ALTERNATIVE COMPLIANCE■ Application Checklist
Project name: WOODBURN WEST NO 2 File#:/lT I --C341)/0
Applicant/agent: TRILOGY IDAHO/KENT BROWN
All applications are required to contain one copy of the following unless otherwise noted:
Applicant Description Staff G. SC
Completed and signed Development Review Application
(If also submitting a concurrent application for a preliminary plat or conditional use permit,the
Alternative Compliance request will be processed along with that application.just check the (/
Alternative Compliance box on the Development Review Application and submit the information
below.)
Affidavit of Legal Interest signed and notarized by the property owner(If owner is a
corporation,submit a copy of the Articles of Incorporation or other evidence to show that the person
2 --a
, signing is an authorized agent.)
Narrative fully describing the proposed request including the following:
➢ The specific requirements that are proposed to be modified
➢ Address the reason why strict adherence or application of the requirements are not '
feasible v
➢ Demonstrate how the proposed alternative means for compliance with the specific
requirements provides an equal or superior means of meeting the intent and purpose
of the regulation
➢ Any supporting documentation or plans
Fee / 0
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION
Community Development■Planning Division■33 E.Broadway Avenue,Ste. 102 Meridian,Idaho 83642
Phone:208-884-5533 Fax:208-888-6854 www.meridiancitv.org/planning
(05/21/2014)
Mayor Tammy de Weerd
IDIAN City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
" 0 Charlie Rountree David Zaremba
April 20, 2015
Mr. Kent Brown
3161 E. Springwood Drive
Meridian, ID 83642
RE: Woodburn West Subdivision No. 2—Alternative Compliance (ALT-15-010)
Dear Mr. Brown:
This letter is to confirm the Director approved your request for alternative compliance to Unified
Development Code (UDC) 11-3B-7C.2a 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 UDC 11-3B-7C.2a, which requires
residential subdivision street buffers to be on a common lot maintained by the
homeowner's association, is not feasible for the portion of the development that abuts
W. Ustick Road. This property is part of the subdivision; however, ownership of this
1.7 acre property was retained by Ms. Saleen. Upon redevelopment, a new
preliminary plat will be required and the buffer can be placed within a common lot
maintained by the homeowner's association at that time.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
Because the buffer area is owned and will continue to be maintained by Ms. Saleen
and there is existing dense landscaping within the buffer area, The Director finds the
proposed alternative compliance provides an equal means of compliance with UDC
11-3B-7C.2a
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 compliance with UDC 11-3B-7C.2a will
not be detrimental to the public welfare or impair the intended uses and/or character
of the surrounding area.
Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
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 on or before May 5, 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,
Cale 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
MAR 252015
E �'� � Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY: ryry
Project name: 00d bo r D (�t° - O
File number(s): (T-.1 -0010
Assigned Planner: prtpowtlA r) Related files:
Type of Review Requested(check all that apply)
❑Accessory Use El Planned Unit Development
❑Administrative Design Review ❑Preliminary Plat
®Alternative Compliance ❑Private Street
❑Annexation and Zoning 0 Property Boundary Adjustment
0 Certificate of Zoning Compliance ❑ Rezone
❑ Comprehensive Plan Map Amendment ❑ Short Plat
❑ Comprehensive Plan Text Amendment ❑Time Extension:
❑ Conditional Use Permit Director/Commission/Council(circle one)
El Conditional Use Modification 0 UDC Text Amendment
Director/Commission(circle one) 0 Vacation:
0 Development Agreement Modification Director/Council(circle one)
❑Final Plat ❑Variance
0 Final Plat Modification ❑ Other
Applicant Information
Applicant name: 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 ❑ Rent ❑ Optioned L Other AGENT
Owner name: COREY BARTON HOMES Phone:
Owner address: 1977 E OVERLAND RD Email: SHAWN@TRILOGYIDAHO.COM
City: MERIDIAN State: ID Zip: 83642
Agent/Contact name(e.g.,architect,engineer,developer,representative): KENT BROWN
Firm name: KENT BROWN PLANNING
Phone: 871-6842
Owner address: 1977 E OVERLAND RD Email: KENTLKB@GMAIL,COM
City: MERIDIAN State: ID Zip: 83642
Primary contact is: 0 Applicant 0 Owner C(Agent/Contact
Subject Property Information
Location/street address: 1250 W USTICK RD Township,range, section: 4N 1W 36
Assessor's parcel number(s): S0436336550 Total acreage: 1.7 Zoning district: R-8
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: WOODBURN WEST NO 2
General description of proposed project/request: REQUEST TO NOT HAVE A COMMON LOT ALONG
US TICK ROAD
Proposed zoning district(s): NO CHANGE
Acres of each zone proposed:
Type of use proposed(check all that apply):
t Residential 0 Office 0 Commercial 0 Employment 0 Industrial ❑ Other
Who will own&maintain the pressurized irrigation system in this development? NO CHANGE
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) NO CHANGES
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
❑ Duplex 0 Multi-family 0 Vertically Integrated 0 Other
Non-residential Project Summary(if applicable) NO CHANGES
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: 5 NTAA,Z4, A—
Applicant signature: Date: 3 i7„.1i`/S
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)
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, COREY BARTON HOMES , 1977 E. OVERLAND RD
MERIDIA(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.WOODBURN WEST 2
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 I D day of M&r(.. i ,20 15
Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
+++► K(}Z?eo fib, A—
',• I�• ®�'`�li'�'. 'J!� (Notary Public for Idaho)
• 3 �1an� JaD
' Residing at:
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My Commission Expires: &-o (4o
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33 E Broadway Suite 210 • Meridian,Idaho 83642
Phone: (208)884-5533 • Facsimile: (208)888-6678 • Website:www.meridiancity.org
KENT BROWN
PLANNING SERVICES
March 25,2015
Meridian City
Attn. Sonya Watters
Development Services
33 E Broadway Ave
Meridian ID 83642
RE: Request for Alternative Compliance Woodburn West No 2
Dear Sonya:
During the review of the final plat I saw that we had added a common lot along W. Ustick Road
for street buffer. This lot was being added to comply with Site Specific Condition 4b. which
states: " Include a 25-foot wide street buffer within a common lot along W. Ustick Road in
accord with UDC Table 11-2A-6 ."
We desire not to have a common lot along W. Ustick Road at this time. Therefore request
approval, of an alternative compliance request of City Code 11-3B-7C.2a.
"All residential subdivision street buffers shall be on a common lot, maintained by
homeowners' association. "
Alice Saleen sold a portion of property to the developer to use in the Woodburn development,
however the Saleen homestead, which will be Lot 6, Block 7 will remain with Mrs. Saleen. Lot 6
is approximately 1.7 acres in size and will certainly be redeveloped in the future. Lot 6 has the
old homestead which includes various outbuildings and original home. The Saleen's have
buffered their home over period of many years with very large trees between the roadway and
their house at 1250 W Ustick Road. The Saleen's will retain ownership and maintence of their
properties and the HOA will not be doing any maintence.
To require a common lot in front of the Saleen home at this is premature, as this property will
redevelop in the not to distance future and may even be attached with other commercial type
properties to the east and requiring separate buffer lot at time.
We ask that you approve this request.
Sincerely,
Kent Brown
Planner
3161 Springwood Dr • Meridian, Idaho 83642 • Tel.: 208-871-6842 •
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