HomeMy WebLinkAboutPackard Acres Subdivision No. 2 FP-00-018BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF PACICARD )
ESTATES DEVELOPMENT FOR )
APPROVAL OF FINAL PLAT FOR )
PACKARD ACRES SUBDMSION )
NO. 2, LOCATED SOUTH OF )
USTICK ROAD BETWEEN )
LOCUST GROVE ROAD )
MERIDIAN, IDAHO )
)
)
CASE NO. FP-00-O 18
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval
pursuant to Meridian City Code § 12-3-7 on October 17, 2000, and continued until
November 8, 2000, and continued from January 2, 2001, and tabled until January 16,
2001, and the Council finding that the Administrative Review is complete which has
included certain comments and conditions as stated in a letter to the Mayor and Council
from Bruce Frecldeton, Engineering Technician III, and Shaft Stiles, Planning and
Zoning Administrator, listing 7 General Comments and 25 Site Specific Comments,
which are herein found fair and reasonable, and at the January 16, 2001 meeting, Shaft
Stiles, Planning and Zoning Administrator, commented at the hearing, and Pat Tealey
testified on behalf of the Applicant, and Wanda Sharp, Dale Sharp and Craig Groves
appeared and testified, and the Council having considered the requirements of the
preliminary plat the Council takes the following action:
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR PACICARD SUBDIVISION NO. 2 (FP-00-018)
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IT IS HEREBY ORDERED THAT:
The Plat of "PACKARD ACRES SUBDIVISION NO. 2" as evidenced in
Plat bearing the Project No. 1408, Sheet 1 of 2, By: Tealey's Land
Surveying, and Packard Estates Development, LLC, Developer, is
Conditionally Approved subject to those conditions of Staff comments as
set forth in the Memorandum to the Mayor and City Council from Bruce
Frecldeton, Engineering Technician III, and Shari Stiles, Planning and
Zoning Administrator, dated September 28, 2000, listing 7 General
Comments and 25 Site Specific Comments, a true and correct copy of
which is attached hereto marked Exhibit "A", and a copy of a Statement
received by the North Wingate Lane Residents, and consisting of eight
pages, and by this reference incorporated herein, with the additional
requirements that:
1.1 Additionally, at the City Council meeting on January 16, 2001,
action taken by the Council consisted of the following revisions to
the Staff comments of September 28, 2000, as follows:
Under Site Specific Comment number 9, it shall read as follows:
9. Show Wingate Lane on the final plat map as a 15-foot wide
easement, and reference the existing 15-foot wide recorded private
lane easement.
Under Site Specific Comment number 13, it shall read as follows:
13. Provide a ten-foot-wide easement for public utilities, drainage,
and irrigation along the southern boundary of Lot 20, Block 2, and
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR PACKARD SUBDIVISION NO. 2 (FP-00-018)
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west of 15-foot-wide easement for Wingate Lane along Lots 17-22,
Block 2, and Lot 10, Block 5.
Under Site Specific Comment number 15, it shall read as follows:
15. Provide detailed fencing and gate plans that also show the
proposed location of irrigation clean out structures for approval prior
to signature on the final plat. Irrigation plans must be approved by
downstream water users. Perimeter fencing shall be installed prior to
applying for building permits. The applicant needs to provide
revised detailed fencing and gate plans.
Under Site Specific Comment number 19, it shall read as follows:
19. Wingate Lane borders the eastem boundary of this subdivision.
The easement for this private roadway needs to be shown along the
backa of Lots 17-22, Block 2, and Lot 10, Block 5. All headgate and
deanout structures are to be located outside of the 15-foot-wide
easement and be accessible to water users without requiring entrance
onto individual building lots or dimbing over fences.
Under Site Specific Comment number 20, it shall read as follows:
20. The City requires that there be a gate across E. Challis Street on
the east boundary of Wingate Lane, and one on the west boundary
of Wingate Lane. This shall allow pedestrian traffic, as well as
bicycles.
Under Site Specific Comment number 23, it shall read as follows:
23. Staff foresees a problem with buyers of Lots 17-22, Block 2,
trying to access Wingate Lane if the easement is part of the platted
lots. The developer shall have their attorney draw up a release of
dominant parcel interest in the private lane easement and record it
prior to signature on the final plat. Also provide a recorded copy of
deed restriction to prohibit access to Wingate Lane and forbid gates
or removal of permanent fencing on these lots prior to applying for
building permits. Fencing shall be set at the western boundary of the
15-foot easement for Wingate Lane.
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR PACKARD SUBDIVISION NO. 2 (FP,O0-O18)
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The final plat upon which there is contained the Certification and signature
of the City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
a. The Plat dimensions are approved by the City Engineer; and
b. The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on-site
day of
improvements.
By action of the City Council at its regular meeting held on the
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
B Dated: City Cleric O' ~'
ms~Z:XWork~dian~=dian 15360M~fidgeTow~ AZ017 C=043 PP017~P~d~25
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR PACKARD SUBDIVISION NO. 2 (FP-00-018)
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To~
From:
Mayor and City Council
City of Meridian
33 East Idaho :~'"~"
Meridian, Idaho 83642
Noah Wingate Lane Residem
2445 Noah Wingate Lane
Meridian, Idaho 83642
')ctober 16, 2000
Ci[~
Re: Statement of expectations for developers of Packard Estates Development, LLC.
The residents of North Wingate Lane feel k is necessary to restate their position
concerning use, access, or development of Wingate Lane by anyone not directly now
living in a residence on the lane. We are supported by previous documents and
proceedings that specifically prohibit any kind of access to Noah Wingate by others not
presently living on the lane. We are very weary, of having to keep such a vigilant watch
on the proceedings for development of the lands that abut North Wingate Lane. We have
made it clear in the past that all traffic of any kind, including pedestrian and bike traffic,
will be prohibited now and in the future from traveling on or across North Wingate Lane.
We expect the compliance of Packard Estates Development, LLC. to the city council for
the construction of permanent gates (for the use of emergency vehicles only ) and fences
to assure this.
The property owners on the lane established this lane as a private lane, July 25, 1913.
Ada County has akeady ruled that no more houses may be built along Noah Wingate
Lane that would require entrance and exit dkectly from the lane.
The residents of the lane pool money to maintain the lane. In the past, great damage
has occurred because of use by construction vehicles that have illegally used the lane to
access the developing areas of Packard Estates Development, LLC. Enforcing
compliance has been difficult. The council has stated that permanent, not wire, fences and
gates were to be constructed along North Wingate Lane before development began. The
wire fences have been lowered whenever someone wanted to use the lane to access or _
crossover to the east or west development. Only emergency county access is allowed.
All other accesses, including utility, ACHD, or irrigation, must be done on the
development property and not involve the lane in any way, or at any time.
No gates will be installed to allow the passage of pedestrians and bicycles across
North Wingate Lane. This allowance would only invite problems. Sometimes this area is
referred to as the unconstmcted portion of E. Challis. It is not. It is part of our
established, permanent private lane.
We greatly appreciate the efforts of Mr. Bruce Freckleton, and Ms. Shari Stiles. They
have been very helpful to explain and interpret the somewhat confusing documents
concerning these proceedings. We also appreciate any other entity that is working to
assure that legal concerns are correctly dealt with on this matter. Please help us putto
rest any further worries concerning our proper right to keep our private lane as such.
Sincerely,
North Wingate Lane Residents
Attachment EnclOsed:
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Ron And~son
Keith Bird
Tannny deWeevd
Chexi¢ McCandless
tfUB OF TRF,_4SURE ! ~4LLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888--4433 · FAX (208) 887-4813
City Clerk Oltice Fax (208) 888-4218
LEGAL DEPARTMEN'F
(208) 288-2499 · Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLAN~'ING ,4ND ZONING
DEPARTMENT
(208) 884-5533 - FAX 888-6854
MEMORANDUM:
September 28, 2000
To-'
From:
Mayor & City Council
Bruce Freckleton, Assistant to City Enginee~"
Shad Stiles, Planning & Zoning Administrator
Request for a Final Plat Approval of Packard Acres Subdivision No. 2 - 60 Single-
family Building Lots on 23.02 Acres in an R4 Zone by Packard Estates Development,
LLC (File# FP-O0-O18)
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
LOCATION & SURROUNDING USES
The subject property is located west of Wingate Lane, south of Ustick Road, and east of Locust Grove
Road. The parcel(s) is currently zoned R4. The South Slough borders the property on the north,
along with property owned by Vern Alleman on the north and northwest boundaries. The southwest
portion of the property borders Chamberlain Estates Subdivision- Chateau Meadows East No. 8
Subdivision is south of the property, along with two five-acre parcels in Ada County. The northeast
portion of the property borders other acreages with single-family homes in Ada County. The property
is located in an area designated as single-family residential in the Comprehensive Plan.
SITE SPECIFIC CO~
1. Applicant is to meet all terms of the approved preliminary plat and development agreement.
Applicant has indicated previously that the pressurized irrigation system within this
development is to be connected to the existing system within Packard Subdivision. The
common areas within the development will be a subject to City of Meridian water assessments
for the domestic backup. Payment of water assessment fees is required prior to city signatures
on the final plat map.
Compaction test results must be submitted to the Meridian Building Department for all lots
impacted by filling.
The design of drainage areas shall ensure that water is retained only during major storm events
for a maximum 24-hour period.
FP-00-018
Packard Acrus Subdivision No. 2
Mayor and Council
September 28, 2000
Page 2
o
Street signs are to be in place, water system shall be approved and activated, pressurized
irrigation system approved and activated, drainage lots constructed, fencing and gates installed,
and road base approved by the Ada County Highway District prior to applying for building
permits. Landscaping shall be installed prior to obtaining certificates of occupancy. A letter of
credit or cash surety in the mount of 110% will be required for all fencing, pathways,
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final
plat.
Applicant shall be responsible to construct a six-foot-high, permanem perimeter fence along
property boundary (and westerly easement line of Wingate Lane), except where the City has
expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior
to applying for building permits.
7. Revise the following notes:
(5.)
(8)
(12)
(13)
u adjacent to the exterior subdivision boundary lines.
uLot 10, Block 5, Lot 1, Block 8, and Lots 32 and 33, Block 2u
u a=~ I.~t 22 ~!zz~ 2 u
Access to Wingate Lane is specifically prohibited.
This subdivision is subject to the terms of a development agreement recorded as
Instrument No. , records of Ada County? Idaho.
(Provide a blanket ca,merit to the Civ/of Meridian over Lot 33, Block 2 for the
operation and maintenance of the sanitary sewer intercepter.)
Lots 1, 23, 24-26, and 29, Block 9 shall be subject to the terms of the existing
temporary sanitary sewer easements along their western boundary. No permanent
structures, fences, trees, or. brush shall be placed within said easements.
Remove 20-foot-wide sanitary sewer easement south of E. Chemim Drive, and reference the
existing easement instrument re]tuber north of E. Chemise Drive.
Show Wingate Lane on the final plat map as a 20-foot wide easement, and reference the
existing 15-foot wide recorded private lane easement. The extra 5-foot width is required by the
City of Meridian as the minimum width for an emergency access.
10.
Widen Lot 33, Block 2, by ten feet to accommodate the South Slough sewer interceptor main.
Provide a blanket easement to the City of Meridian for the extension of the South Slough Sewer
Interceptor (see plat note #14 above). This portion of the sewer trunk line shall be constructed
at the time this subdivision is developed.
11.
Revise the reference to the sewer easement along the western side of the subdivision to read:
20-foot-wide temporary sanitary sewer easement, Instruments Nos. , and
(Make sure you reference both easements, Cassell, and PNE/Edmonds)
12.
Add an arrow symbol to the plat legend that depicts bom of house ofientatiom Place symbol
on Lot 27, Block 2, toward N. Devlin Way. An arrow is required because less than minimum
FP-O0-OI 8
Packard Acres Subdivision No. 2
Mayor and Council
September 28, 2000
Page 3
street frontage is shown on the other lot side.
13.
Provide a ten-foot-wide easement for public utilities, drainage, and irrigation along the southern
boundary of Lot 2, Block 2, and west of 20-foot-wide easement for Wingate Lane along Lots
17-22, Block 2, and Lot 10, Block 5.
14.
Detailed landscaping plans for all common areas, including species, size, quantities, and
locations, and pathway details must be subrm'tted for approval to the Planning & Zoning
Department priOr to City Engineer signing Final Plat.
15.
Provide detailed fencing and gate plans that also show the proposed location of irrigation
cleanout structures for approval prior to signature on the final plat. Irrigation plan.q must be
approved by downstream water users. Perimeter fencing shall be installed prior to applying .for
building permits.
16.
Sanitary sewer and water service to this site will be via extensions of the existing mains
installed in adjacent developments. Applicant will be responsible to construct lateral sewer and
water mains to and through this proposed development. Subdivision designer to coordinate
main si~ing and routing with the Public Works Department.
17.
Applicant's engineer will be required to submit a signed, stamped statement certifying that all
street fini.qh centerline elevations are set a minimmn of three feet above the highest established
normal groundwater elevation.
18.
Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of
mailbox structures.
19.
Wingate Lane borders the eastern boundary of this subdivision. The easement for thi.q private
roadway needs to be shown along the backs of Lots 17-22, Block 2, and Lot 10, Block 5. The
easement width needs to be increased to 20 feet wide to meet Meridian Fire Department
requirements. All headgate/cleanout structures are to located outside of the 20-foot-wide
easement and be accessible to water users without requiring entrance onto individual building
lots or climbing over fences.
20.
One of the City's requirements in the development agreement conflicts with Ada County
Highway District's requirements. The applicant is not to construct the 20-foot-wide portion of
E. Challis Street at the east boundary, and is to deposit money to complete construction of E.
Challis Street and remove the gates when (and it) the two five-acre parcels to the south are
developed (when Wingate Lane can be vacated). The City put a condition that a 20-foot-wide
gate be constructed at the easement line of Wingate Lane that allows emergency fire
department access only (with appropriate signage). ACI-ID's condition of approval is to install
gates and allow the passage of pedestrian.~ and bicycles across the unconstructed portion of E.
Challis Street. The homeowners along Wingate Lane have requested that all access to Wingate
Lane be prohibited. Staff requests the City Council to specifically address this issue and
instruct staffofpreferred direction-
FP-00-018
Packard Ac~s Subdivision No. 2
Mayor and Council
September 28, 2000
Page 4
21.
Another requirement of the development agreement is provide a pathway along the South
Slough, as it is designated as a pathway in the Meridian Comprehensive Plan. However,
Nampa-Meridian Irrigation District will not allow a license agreement for a pathway along live
irrigation ditches. Perhaps, instead of designating a pathway, the applicant could pave over the
sewer easement along the slough as a "sewer access roM" to satisfy the pathway requirement
and avoid problems with Nampa-Meridian Irrigation District.
22.
All damages to Wingate Lane caused by the developer or contractors.are to be repaired
immediately. Homeowners along .Wingate Lane have reported that damage to the lane
presently exists from construction equipment and work on the irrigation system. No building
permits will be accepted until the repair work is complete. The developers have agreed that no
construction traffic will be allowed to access Wingate Lane.
23.
Staff foresees a problem with buyers of Lots 17-22, Block 2, trying to access Wingate Lane if
the easement is part of the platted lots. The developer shall have their attorney draw up a
release of dominant parcel interest in the private lane easement and record it prior to signature
on the final plat. Also provide a recorded copy of deed restriction to prohibit access to Wingate
Lane and forbid gates or removal of permanent fencing on these lots prior to applying for
building permits. Fencing shall be set at the western boundary of the 20-foot easement for
Wingate Lane.
24.
Submit copies of proposed restrictive covenants and deed restrictions for review. This
information was required at the preliminary plat stage; application indicates covenants have not
been submitted.
25. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance. ,, o ~
GENERAL REQUIREMENTS
/ e
1. All irrigation ditches, laterals or canals, exclusive of natural waterways, in~rsecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be til~ per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said approval submitted to
the Public Works Department.
Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 9-14 and 94-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
One-hundred-watt, high-pressure sodium streetlights will be required at locations designated
by the Public Works Department. All streetlights shall be installed at subdivider's expense.
Typical locations are at street intersections and/or fire hydrants.
FP-00-018
Packard Acres Subdivision No. 2
MaYor and Council
September 28, 2000
Page 5
Submit oFinalp letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
Coordinate fire hydrant placemem with the City of Meridian's Water Works Superintendent.
Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K.
If possible, respond in writing to this memorandum by noon on October 3, 2000. Submit
three copies of the revised Final Plat Map to the Public Works Department for compliance
review prior to development plan approval.
FP-00-018
Packard Ac~s Subdiv/sion No. 2
.,.,_. n4 7