PZ - Applicant Response to Staff Report FINAL signed 07.15.2015
July 15, 2015
Meridian Planning and Zoning Commission
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
Re: Sovi Subdivision – AZ-15-007; PP-15-010
Dear Commissioners:
I write to address to the concerns identified in the staff report. As you will see below, each of
the concerns are fully addressed and our proposed development meets both the letter and the spirit of
the City’s Comprehensive Plan and the Unified Development Code. Accordingly, we respectfully request
that you approve our proposed development subject to such conditions as you deem appropriate.
Our comments on each of the staff’s concerns are as follows:
1. Survey Issue
We discovered an error in a 1972 survey that, if followed, would leave a very small gap along the
western boundary of the subdivision. Fortunately, the survey was never followed by any of the owners
or the Ada County Assessor. The current owner, our legal counsel and the Ada County Assessor have all
concluded that the gap does not exist and the entire property is under single ownership. The property
owner has issued a corrective deed and new affidavit of legal interest that covers the entire property,
including the gap lands, please see “Attachment A”. This is the ordinary resolution for this type of
survey error.
2. Open Space Issue
The staff feels that the preliminary plat does not provide 10% open space required by UDC 11-
3G-3A.1 or the site amenity required under UDC 11-3G-3C. Neither requirement applies because our
development is 4.86 acres, please see “Attachment B”, which is less than the 5-acre threshold for the
above requirements. Even though the UDC does not require open space or an amenity, we are providing
both 8.4% of qualified open space (14.5% open space total with the drainage swale included) and
qualified amenity, i.e., an improved common picnic/barbeque area in the open space. Our project goes
beyond the UDC requirements and meets the spirit of what would be required of a larger development.
4824 W. FAIRVIEW AVENUE BOISE, IDAHO 83706 (208) 336-5355
3. Common Driveways
The staff notes that the preliminary plat does not show all of the details of the common
driveway lots, which appears to have lead staff to be concerned that there may be too many homes on
common driveways. We see our common driveways and the lots served as having plenty of space to
fully comply with all UDC standards, so we have not shown the details because we do not need – and
have not requested – any variance from the standards. As required by UDC 11-6C-3, we will provide the
details for the setbacks, building envelope, and orientation of the lots and structures as an exhibit to the
final plat application (where it is most helpful for the technical review and future buyers).
4. Vehicular Connection to Messina Village Subdivision
Staff asserts that we should provide a vehicle connection in Messina Village Subdivision. We
would be happy to do so if it would be possible to make a connection, but we can’t because the vehicle
connection doesn’t exist and ACHD is quite adamant that they will not allow an unfinished stub street
that will never get extended in the future.
A vehicular connection from this property to Milan Avenue was originally envisioned as part of
the Messina Village Subdivision, but it was never created. An easement was reserved over the Messina
Village common area for a potential future connection, but implementing that connection requires the
consent of the Messina Village HOA. We have requested their consent, but the request has been
rejected and we don’t see the HOA changing their mind, please see “Attachment C”. ACHD is adamant
that they will not allow us to create a stub connection to Messina Village, stating:
“ACHD will not allow a public street to be stubbed to the HOA strip since
Legal has already determined that it is up to the HOA. If the HOA does not
want a public street connection (which I understand they do not) then we
would have an unfinished stub street that will never get extended /
constructed in the future.”
We have provided for secondary emergency access with a emergency-only road over Lot 10 to
Rome Drive, which the Meridian Fire Department has found acceptable.
5. Pedestrian Connection to Siena Elementary School
Meridian School District has granted our request for a pedestrian-only connection to Siena
Elementary School, which we are providing over the western boundary of the development.
As you can see, we have addressed all of the staff’s concern and established that our proposed
development meets both the letter and the spirit of the City’s Comprehensive Plan and UDC. We
respectfully request that you approve our proposed development and, of course, are willing to with you
and the City staff to craft conditions of approval to address remaining concerns, if any.
Very truly yours,
DEVCO LLC
Jim D. Conger
Member
JDC:dj
Attachment A
Attachment B
TIJSIAII
May L4,2Ot5
Jim Conger
Conger Management Group
4824W. Fairview Ave.
Boise, lD 83706
Re: Permanent Easement Denial
Thank you for contacting the Tuscany Homeowners Association, regarding your request for a Permanent
ACHD Easement in the common area on the north side of Rome Drive, where the current ingress egress
easement exists Ín Messina Village Subdivision No. 1. At this time, the Board of Directors has denied this
request.
We greatly appreciate meet¡ng with you, and should you have any questions regarding this decision or
need anything further please feel free to contact us at
Sincerely,
4/4
Steven Yea
President
Tuscany Homeowners Association, lnc.
12601 w. Explorer Dr¡ve, Suite 200, Boise, ldaho 83713 | 208.373.4000,iax208.377.8962 | email: hoa@brightoncorp.com
Attachment C