CC - Applicant's Response to Staff Report 3-23
Charlene Way
From:Michael Miller <michael@homefoundgroup.com>
Sent:Tuesday, March 16, 2021 11:55 AM
To:Joseph Dodson; City Clerk
Cc:Mars Bar; keewatinmn@gmail.com
Subject:Re: Ambles Run - Commission Recommendations
External Sender - Please use caution with links or attachments.
Joseph and City Clerk,
Thank you for your time and work on our project. I have taken a moment to respond to each of the key issues listed
below from the staff report.
Key issue(s) of public testimony:
1. Lot in question was never properly split from Dunwoody HOA and does not meet their CC&Rs;
We have contacted the current HOA president, again, in response to his allegation that the lot in question was
never properly split from Dunwoody. The previous HOA president and secretary have clearly stated in their email
correspondence with the Title Company and the homeowner, at the time of the separation of the lot, that Maureen
Miller was in compliance. The Title company cleared Title, got prorations and transferred title with the
cooperation of the Dunwoody HOA. The purchase and sale has been insured and the title is clear. Any position to
the contrary by the current HOA president has the burden of proof. Ourselves and Title remain confident in our
position and no further action is needed.
2. Proposed project does not comply existing Dunwoody HOA CC&Rs in lot size requirement—is this an issue for
the City to be involved in;
As stated in the Staff report our parcel is an outparcel of the Dunwoody Subdivision. It was legally split from
Dunwoody and now exists outside of the subdivision with no access to the subdivision. As owners of the land we
have not been given a vote in the Dunwoody matters for over two years. Our parcel has not had consideration
from Dunwoody in practice or purpose until we decided to develop the land. It it is important to note that we
offered to sell the land back to the Dunwoody Homeowner adjacent to our land and he declined. The current
highest and best use for the land is development. We are unable to develop under the county and, as such, we
must annex into the city in order to get services to those potential homes. We do not believe that the Dunwoody
CCR's supersede City zoning laws but we appreciate the City's concerns and have taken time to try and work with
Dunwoody. We approached Dunwoody first about development and after many conversations and in
consideration of their concerns, we complied with their requests. We changed our zoning request from R4 to R2
and decreased the amount of lots by 25% increasing each individual lot to nearly a half acre. Lot 16 of the
Dunwoody Subdivision has previously been separated and annexed by the city, precedence for this issue has been
presented to the City before.
3. Legality of property split of Lots 25 & 26 to create property currently requesting annexation and preliminary plat;
Please refer to our response to bullet "A."
4. Potential of working with future development of adjacent properties to the west and north to limit some of the
CC&R issues discussed to include some revisions of the layout;
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Per the Commission's recommendation, we went back to the neighboring developers and negotiated a plan to
work together. Although our efforts were fruitful, the ultimate cost/benefit of withdrawing our application to join
the other's was too costly, with negligible changes in our overall plan. We presented these negations to Meridian
staff and our position that withdrawing to make these small changes to our plan was not worth the overall cost.
We have been negotiating this project for 7 months and would like to continue to move forward with
our preliminary approval by Planning and Zoning. Allowing our project to move forward not only sets the tone
for future development but opens a door that was not previously there. Staff agrees that the City does not lose
anything by moving forward with the plan as it is.
To help protect your privacy, Microsoft Office
Michael Miller
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Founder/Realtor, HomeFound
208-866-1487
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Silvercreek Realty Group
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On Mon, Mar 15, 2021 at 11:33 AM Joseph Dodson <jdodson@meridiancity.org> wrote:
Hello,
Attached is the staff report with the Planning & Zoning Commission’s recommendations for the proposed
Annexation and Preliminary Plat for Ambles Run Subdivision, H-2020-0124. These items are scheduled to be
on the City Council regular meeting agenda on March 23, 2021. The public hearing will be held at City Hall,
33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Michael - Please submit any written response you may have to the recommendations in the report to the
City Clerk’s office (cityclerk@meridiancity.org) and myself (e-mail) as soon as possible.
Thank you,
Joseph Dodson | Current Associate Planner
City of Meridian | Community Development
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208.884.5533 |
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