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Red Tail CommunitiesMayor Tammy de Weerd City Council Members: Keith Bird Brad Hoagiun Charles Rountree David Zaremba August 13, 2013 Mr. Jonathan Seel W. H. Moore Company 1940 Bonito, Ste. 1S0 Meridian, ID 83642 RE: Red Wing Communities {ALT-13-013) Dear Mr. Seel: Tl1is letter is to confirm the Director approved your request for alternative compliance to Unified Development Code (UDC) 11-3C-5B.4 for the subject property based on the required findings listed in UDC 11-SB-SE, as follows: l . Strict adherence or application of the requirements are not feasible; or The machine used for laying sidewalk on this site pfroducer a maximum 6 foot wide walkway. In this instance, Staff~nds strict adherence to UDC 11-3C-SB, 4 which requires 2 feet to be added to the required S foot wide sidewalk to aZlowfor vehicle overhang is not feasible due to the cost oj'manual labor to form and pour an additional 1 foot of sidewall~. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alter°native means of compliance will provide an equal means of meeting the intent of ordinance by still providing a pedestrian wallzway that complies with ADA, standards. The resulting additional landscape area will be superior as it will enhance the aesthetic quality of the development. 3. The alternative means will not be znaterially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Staff finds the alternative means of complying with the intent of the ordinance is consistent with ADA standards,- therefore, it will not be detr•imentctl to the public welfare. Further, the intended multi family use and character of adjacent future single family residential properties should not be affected by the alternative means of compliance. Community Development Department -Planning Division • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridianeity.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 August 28, 2013, within. fifteen (15) days after the written decision is issued, and contain the information listed in UDC I l-SA-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 ~jr~c~~~~.rneridiancity.orc/Plannin~ to f 11 out a comment card and give us feedback on how we are doing. Since ely, ~~ Caleb Hoo , AICP Planning Division Manager CH: sw S®nya ln/atters From: Jonathan Seel <j.seelC~att.net> Sent: Tuesday, August 13, 2013 1:02 PM To: Sonya Watters; `Randy Fullmer' Ge: Justin Lucas Subject: RE: Red Tail Communities Alternative Compliance Sonya thanks for your help and we understand this is not a standard. -----Original Message----- From: Sonya Watters [mailto:swatters@meridiancity.orgj Sent: Tuesday, August 13, 2013 11:23 AM To: Jonathan Seel; Randy Fullmer (randy@selectmanagement.com) Cc: Justin Lucas Subject: Red Tail Communities Alternative Compliance Jonathan/Randy, i've attached a copy of the approval. A hard copy Wilk be sent to Jonathan in the mail. P.S. For a variety of reasons, specific to this site, this was approved; however, please note that it doesn't set a precedent for approval on another site. Thanks, Sonya ~ II~I~-- a,~ ;~ F# t Planning ]Division ADNIINISTRATIVE REVIEW APPLICATION Type of Review Requested (chec3i alI that apply) ^ Accessary Use ,,~'Alten~a#ive Compliance ^ Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification ^ Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other Applicant Information Applicant name: ~"~ ~ ~ • ~ o n r•( cp C n Phone: ~ .~ ~ ~ /~ 9'~ Applicant address: _--~ ~ yU ~oa~~U .S'fcs / GG Zip: ~~ `~ Z- E-mail: ~ • S-c~ ~~ C ~ G 7`7`• !v ~ 7s' Applicant's interest in property: ~wn ^ Rent ^ Optioned ^ Other GGC Owner name: G~ e~ ~ (°~ r ~ Carca ~. c.~ ~ ~ 7tr er,S° Phone: .~°/%/s Fax: .~ ~ ..3 -.7,.5`.Z 3 Owner address: ~~ `/d ~~ *-~ r~~ •~ f~ / ~ Q Zip: ~/ ~ Y2. E-mail: J ~ ~ta'C" < <'~ ~~ ~~~ Agent name (e.g., architect, engine~e~r/, developer, representative): Firm name: ~/a ~ C c~ y l" t o c K ea c ~I fa.s.~ tl r. Phone:.. %•~ ~S'd' b Pax: ~ ~ 7 ~ cS'cr~ 9 Address: .~' ~-..~ - ..S Q ~-t ~~K ~ ~a u a / ~ ~~ Zip: ,~ ,~ 7 ~ ~ E-mail: ~/J Yto ¢. ~ Cv v$ // ~'~ ~ G o / d ~', ~ o u-~ Primary contact is: Applicant ^ Owner ^ Agent ^ Other ~ SL~C"'C Contact name: °~ Qu,o,~(R a u Phone: Contact address: Subject Property Information Zip: $-mail: Fax: l.ocation/street address: .~~ ~. C.o t f i.c t~ t~ c~ (° 'Ut e 7t' u~C y ~ ~ c~ vL r ca/ r ra ~ ~i Assessor's parcel number(s): ~ ~f ,.~Q ~ a ~ ° ~ ~ .~ ~' ~ /! Township, range, section: /y ~ ° F~ d ~ f S-~ iY Total acreage: -~ Current land use: __u.e-. - w~ 19Kyc~ ~~ c ~ Current coning district: `~~ S 33 E. Broadway Avenue, Suite t02 • l+(eridian, Idaho 836=42 Phone: (208) 884-5533 ~ Facsimile: (208) 888-6854 • Website: www.meridiancity,org I {02/0812013) Project/subdivision name: Y~ LQ C.~ G General description of proposed project/request: Building: Proposed zoning district(s): ~ ` / Acres of each zone proposed: f ~ Type of use proposed (check all that apply); [Residential ^ Commercial ^ Office ^ Industrial ^ Other Who will own & maintain the pressurized irrigation system in this development? ~ '~ ltil3' 1> Which irrigation district does this property lie within? N ~ ut ~ j J Primary irrigation source: ~ YL vt t aft d ~ Secondary: •~- r ~~ Square footage of landscaped areas fo be irrigated (if primary or secondary point of connection is city water): Residential Project Summary (if applicable) Number of residential units: ,~~1''° y~l .~ •+ /~i ' / Number of building lots: ~~ r/' Number of common lots: s~ ~~ Number of other lots: Proposed number of dwelling units {for multi-family developments only): a ^~ 7~G ~ ."1 ~ o ~-'~ '°~ t `~ S~ 2 - 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): l,. '~ o ~ Proposed building height: Minimum property size (s.f): Average property size (s.f.): GLOSS derisity (DU/acre-total land); ~ ~ ' ~ ~ Net density (DU/acre-excluding roads & alleys}: Percentage of open space provided: J~ ~~ Acreage of open space: ,~ - Percentage of qualified open space acreage: l~ °~a (See Chapter 3, Article G, for qualified open space) Type of-open space provided in acres (.i.e„ landscaping, public, common, etc): Amenities provided with this development (if applicable): ~ ~u ~ ~ ~ Esc; t~ c'~ccc,"S $' C"FK~~I/r r eet r c a c-C~'`Ct - Type of dwelling(s) posed: ^Siagle-family Detached ^ Single-family Attached ^ Townhomes ~ ° `~ ~ ~ ~ K ~ 1/.1' ^ Duplex Multi-family ^ Other Non-residential Project Summary (if applicable) /~/, ~-• Number of building lots:_ Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Total number of employees: Total number of parking spaces provided: Autlivriza Lion Print applicant name: ` Applicant signature: Other lots: Existing (if applicable): Building height: Paving: Number and ages of students/children (if applicable): Number of compact spaces provided: Date: 33 E. Broadway Avenue, Strite 102 • vleridian, Idaho 83612 Phone: (2D8) 88~f-SS33 ® Facsimile: (2D8) 888-b854 ~ Website: www.meridiancity.org 2 ~F~1)Ai~IT ®F LE~AI~ 'I'ES'I' STATE OF IDA1~0 ) COUNTY OF ADA ~ -// 6Y° ~ ~~ t t,,. (° ca /R GvGtt,~t~~t7Y6meI ~~.~ (name) P.,~ (address} (city) (state) being fn•st duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: J ~ ti~.-t~~ ~ S c-~ C ~ ~' ire j3~ ~ ~ ~~ c-~ ~. y S~~-- (name) (address) to submit the accompanying application{s) pertaining to that property. 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 far the puzpose of site inspections related to processing said application(s). SUBSCRIBED AND SWORN to before me the day and year frst above written. ~~o~ ~' ~~`~ ~~,~. ~ ~~, (Notary Public far Idaho) ;~ ~, '~ Residing at: ~ 4- ~ i .a ®~ ~~;1~ ~ .. My Commission Expires• , a ~ ®~® . °mo ~f., ®ee®eo®®~A®,.~~®~ C O iVi P A N Y Real Estate Development EI f}orado Business Campus 1940 S. Bonito Way, Suiie 160 Meridian, Idaho 83fi42 P.O.6ox 8204 Boise, Idaho 83707-2204 Date: August 9, 20l 3 To: Sonya Waters Meridian Planning & Toning From: Jonathan K. Seel WH Moore Company Subject: Alternative Compliance -CUP - 13-005 Red Wing Sub TELEPHONE X208) 323-1919 /FAX 323-7523 Please accept our alternative compliance application to modify Sec. 11-3C-SB4 that requires 7 foot sidewalks were vehicle could over hang sidewalks. We are requesting a reduction to 6 feet in width. Address the reason why strict adherence or application of the requirements are not feasible: Seven foot sidewalks require the concrete contractor to form and pour walks with manual labor. Generally, a contractor can place approximately 200-300 l:f of sidewalk a day with this process. By reducing the walk to 6 feet a machine can be used that places approximately 2,000 if of sidewalk a day. The machined sidewalk substantially reduces costs by eliminating labor required to place concrete farms and material. As discussed further we believe a 7 foot sidewalk is unnecessary and creates a substantial economic burden to the owner. Demonstrate how the proposed alternative means far compliance with the specific requirements, provides an equal or superior means of meeting the intent and purpose of the regulation: Section 11-38-1 afthe Landscape Requirements states that "The regulations of this article are intended to promote landscaping in the Czty of Meridian that will improve community livabilit}r, preserve the quality of life, and enhance the aesthetic quality, economic viability and environmental health of the City.'' Alternative Compliance Red Tail Communities August 9, 2013 Page 2 We believe the izrtent of the landscape ordinance is to encourage landscaping not incz•ease unnecessary concrete. Certainly a 7 foot sidewalk does not enhance the aesthetic quality of the community. From an access point, even if one assumes a vehicle could over hang the sidewalk by 2 feet, a 6 foot sidewalk still provides 4 feet of clearance. With respect to ADA compliance (addressed in 11-3C-SA9 of the UDC), which should not be ignored, a 6 foot sidewalk still complies with the act. As noted in Chapter 4 of the ADA guidelizaes, attached herewith, clear access for a wheel chair is 36 inches. I'uz•ther, passing space is "An accessible route with a clear width less than 60 inches shall provide passing space at intervals of 200 feet." There are intervals between rows of parking that will allow for wheel chair passing. In both cases we comply with access routes of the ADA. In summary, we believe our request adds desired landscaping, reduces concrete and still provides adequate access for both handicap and non-handicap individuals. We kindly ask that Meridian approve our request so we can move forward on a project that will he an asset to the community. ICC/ANSI A117.i-20Q3 Chapter 4, Accessible Routes ~hap~~r 40 ~4c~~ssible ~tst~~ 401 General 902.3 Revolving Roors, Revolving Gates, and 401.1 Scope. Accessible routes required by the Turnstiles. Revolving doors, revolving gates, and scoping provisions adapted by the administrative turnstiles shalt not be part of an accessible route. authorityshall comply with the applicable provisions 403 Walking Surfaces of Chapter 4. 402 Accessible Routes 402.1 Genera[, Accessible routes shall comply with Section 402, 402.2 Components. Accessible routes shall con- sist of aria or more of the following. components: Walking surfaces with a slope not steeper than 1:20, doors and doorways, ramps, curb ramps excluding the flared sides, elevators, and platform lifts. All components of an accessible route shall comply with the applicable portions of this standard. 403>7 General. Wall<ing surfaces tha# are a part of an accessible routs shall comply with Section 403, 8032 Floor Surface. Floor surfaces shall comply with Section 302. 403,3 Slope. The running slope of walking surfaces shall riot be steeper than 1:20. The crass slope of a walking,.surfaoe shall not be steeper than 1;48. 403.4 Changes tri toevel. Changes in level shall comply with Section -303. 403.5 Clear Width. Clear width of an accessible route shall comply with Table 403,6. Table 403.5--Clear Width of an Accessfble Route Segment Length Minimum Segment Width _< 24 inches {610 mm) 32 inches {815 mm)' > 24 inches {610 mm) 36 inches (915 mm) ~ Consecut€ve segrnenls of 32 inches (8 i 5 mmj in width must be separated by a route segment 48 Inches (1220 mm) minimum In length and 36 Inches (915 mm} minimum in width.. Fig. 403.5 Gieal' Width of an Accessible Route 15 Chapter 4. Accessible Routes 403.5.1 Clear Width at Turn. Where an accessi- ble routs makes a 180 degree turn around an object that is less than 48 inches (1220 mmj in width, clear widths shall be 42 inches (1065 mm) minimum approaching the turn, 48 inches (1220 mm) minimum during the turn, and 42 inches (1065 mm) minimum leaving the turn. EXCEPTION: Section 403.5.1 shall not apply where tha olear width at the turn is 60 inches (1525 mm} minimum, 4D3.5.2 Passing Space. An accessible route with a clear width less than 60 inches (1525 mm) shall provide passing spaces at intervals of 2170 feet (61 m) maximum. Passing spaces shall be either a 60 inch (1525 mm) minimum by 60 inch (1525 mm) minimum space, or an intersection of two walking surfaces That provide a T shaped turning space complying with Section 304.3.2, provided the base and arms of the T shaped space extend 48 inches (1220 mm) minimum beyond the intersection. 403.8 Handrails. Where handrails are required at the side. of a corridor they shad comply with Sec- tions 505.4 through 505.9. ~~~ ~<< ~ a2 (a) 180 Degree Turn Ftg. 4p3.5,1 Clear Width at Turn ICC/AtVSI Ai 17.1-2003 404 boars and Doorways 404.1 General. Doors and doorways that are part of an accessible route, shall comply with Section 404. 404.2 Manual Doors. Manual doors and doorways, and manual gates, including ticket gates, shalt com- ply with the requirements of Section 404.2. EXCEPTION: Doors, doorways, and gates designed to be operated oNy by security person- nel shall not be required to comply with Sections 404.2,8, 404.2.7, and. 404,2.8. 404.2.1 Double-Leaf Doors and Gates. At feast one of the active leaves of doorways with two loaves shall comply wi#h Sections 404.2.2 and 404.2:3. 404.2.2 Clear Width. Doorways shall have a clear opening width of 32 inches {8i5 mm) mini- mum, Clear opening width of doorways with swinging boars shall be measured between the face of dear and stop, with the door open 9D degrees.Openings, doarsand doorways without doors mare than 24 inches {610 mm) iri depth shah provide a clear opening width of 36 inches {915 mm) minimum. There shall be no projec- tions into the clear opening width lower than 34 th) 180 Degree Turn (Exception} 1G ~~ Planning ]7~parttnent I IA. ~~ ~ ~ ~..~ ~ ~ ALTERNATIVE COMPLIANCE ®Application Checklist Pro'ect name: ~,~cal C,J ~ ~c. .~'ca ~ File # F ~ :~ ~,.~ ~: A licant/agent: W r ~• d d K t~ ~'a -bl d ~ r,~ ';~ ~ el ~ ,S' cd c~ C All applications are required to contain one copy of the following unless otherwise noted: ~ Completed & signed Administrative Review Application (If also submitting a co~tcurrent application for a preliminary plat or conditional use permit, the Alternative Compliance request fvill be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Alternative Compliance box on Corruntssion & Cotencil Review A Iicatiwt and submit the infarntation belotiv.} 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 - Demonstrate haw 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 THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFOR1t~IAT10N T 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-b854 • Website: www.meridiancity.org (Rev. Il/4/O8)