HomeMy WebLinkAboutPackard Acres No 2 FP 03-038• r M
x LEGAL DEPARTMENT
-^ _ r ~1~ (208) 466-9272 • FAX 466-4405
MAYOR ~ ~~~'~~~
Robert D. Co^rie aTV or' ^~TF~K'S > _ PARKS & RECREATION
'~ (208) 888-3579 • Pax 898-5501
C[TY COUNCIL MEMBERS /JY1~1~j~/ ~f `~, PUBLIC WORKS.
Tammy de Weerd V / [ (((l//LLL <IDAH,O` f~ (7A8) 898-5500 • Fax 887-1297
William L. M. Nary y ~% BUILDING DEPARTMENT
Cherie McCandless eCFror '~~ (208) 887-2211 • Fax 887-1297
Kei[h Bird eq "` TAt^suae V.+~~ i j9o9 PLANNING & ZONING
(208) 8845531 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: July 1, 2003
Transmittal Date: June 13, 2003 Hearing Date: July 8, 2003
File No.: FP 03-038
Request: Request for amending conditions of approval on the final plat for
Packard Acres No. 2
ey: The City of Meridian
Location of Property or Project: east of North Wingate Lane and south of East Ustick Road
David Zaremba, P/Z (rro vaR, vac, FPJ
Jerry Centers, P/Z rNO VAR, VAC, FPJ
Leslie Mathes, P/Z (NO VAR, VAC, FPJ
Michael Rohm, P/Z (NO VAR, VAC, FPJ
Keith Bomp, P/Z rNOVaR,vac,FPJ
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C!C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (NO VAR, vac, FPJ
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District /NO FP)
Meridian Post Office (FPrPP OMrJ
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian brig. District
Settlers Irrigation District
Idaho Power Co. rFwPPO~ryi
U.S. West (FPrPPO~yJ
Intermountain G8S (FP~PP OnryJ
Bureau of Reclamation (FPmP OMr1
Idaho Transportation Department (NC FPJ
Ada County razumr~
Ada County Assess. Land Records IFgPPO~yJ
Meridian Development Corporation
Historical Preservation Commission
Your Concise Remarks:
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433
City Clerk Office Fax (208) 888-4218 Human Resources Pax (208) 884-8723 Finance & U[ilily Billing Fax (208) 887-4813
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208)884-5533 Phone/(208)888-6854 Fax
REQUEST FOR SUBDIVISION APPROVAL c., C
FINAL PLAT APPLICATION
(RE: Meridian Subdivision Ordinance - 12-3-7 thru 12-3-9) 03--O~s'
[REVISION OF RECORDED FINAL PLAT]
(Information replicates ortginad submittal)
GENERAL INFORMATiflN
1. Name of subdivision: Packard Acres No. 2
2. Address, general location ofthe site: SE'/a of Section 5, T3N R1E
3. Owner(s) of record: Packazd Estates Development, LLC
Address: Suite 120, 6223 N. Discovery, Boise 83713
Phone: 323-4000
4. Applicant: City of Meridian fP&Z Department) -
Address: 660 E. Watertower Ln., Ste. 202
Phone: 884-5533 Fax: 888-6854
5. Engineer: David Marks Firm: Tealeds Land Surve~g_
Address: 2501 Bogus Basin Rd, Boise 83702
Phone: 385-0636 Fax:
6. Name and address to receive City billings- Name: Craie Groves
Address (See owner info) Telephone:
7. Subdivision phase number (if applicable): 2
FINAL PLAT FEATURES
1. Acres: 23.02
2. Number of building lots: 61
3. Number of other lots: 3
4. Gross density per acre: 2.65 (Number ofdwelltng units per acre oftotal /and to be developed)
5. Zoning district(s): R-4
6. If the proposed subdivision is outside the Meridian city limits but within the azea of
impact, what is the existing zoning classification? N/A
7. Have recreational easements been provided for in accordance with the approved
preliminary plat? No
8. Are recreational amenities to the City agreed to in the preliminary plat provided in this
plat? N/A Explain
9. Are there any amenities to the City provided in this phase? No Explain
10. Type of building (residential, commercial, industrial, office or combination): Residential
S.
11. Type of dwelling(s) (single family, duplexes, multiplexes, other): Single Familv
Detached
12. Proposed development features:
a. Minimum square footage of lot(s): 8 000
b. Minimum squaze footage of structure(s): 1,400
c. Are garages provided for? Yes Square footage: 400+
d. Has landscaping been provided for? Yes Describe: Common azeas and
front vazds to be landscaped
e. Are any lots hrtended for multi-family dwellings? No Type:
f. Are there special set back requirements? No Explain:
STATEMENTS OF COMPLIANCE
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada
County Highway District and Meridian Ordinance. Dimensions will be determined by
the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed plat is in conformance with the City of Meridian Zoning & Subdivision
Ordinance and Comprehensive Plan.
3. Development will connect to City services.
4. Proposed plat is in conformance with the approved preliminary plat.
5. Proposed plat is in conformance with acceptable engineering, architectural and surveying
practices and local standards.
6. Street names do not wnflict with City grid system.
7. All items noted on the final plat checklist have been completed.
I have read the information contained herein and certify the information is true and correct and
that this plat is in compliance with the above statements.
~~o~-L'9,~.
Signature of Applicant
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APPLICATION COVER MEMO:
To: Mayor & City Council
From: Brad Hawkins-Clark, Planner III ' iX~-
I~ca1, oF~aererFa~r
4208'285-2499 -Fac3S&230Il
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June 10, 2003
Re: Application to Amend Packard Acres Subdivision No. 2 Final Plat
BACKGROUND /SUMMARY
This Final Plat Amendment application was prepared by the Planning & Zoning Department
staff at the direction of the Mayor and City Council The purpose of the application is to propose
amending certain conditions that were placed upon the developer, Packard Estates Development,
LLC (File # FP-00-018), by the City of Meridian during the final plat process in Januazy 2001.
According to Meridian City Code (MCC) 11-4-9.B (Approved Application or Use), applications
to amend an approved application "shall be treated as an initial application and must be
processed in the same fashion and under the same procedures as an initial application." The
standard process for final plat applications is for the City Council to hold a public meeting after
an application is deemed complete by staff. Therefore, staff is submitting a "Revision of Final
Plat Application" to be heazd by City Council. Public heazing notices will be sent to all property
owners within 300 feet of the external boundazies of Packard Acres Subdivision No. 2. A copy of
the adopted "Order of Conditional Approval of Final Plat" is attached as Exhibit A. The Order
outlines all conditions placed upon the developer, as approved at the Council's January 16, 2001
meeting.
The Applicant was also granted a Time Extension for Recording the Final Plat on December 18,
2001. This extended the deadline to record the plat to January 16, 2003. Packard Acres No. 2
final plat was recorded at the Ada County Recorder's Office on December 2, 2002. Building
permits were authorized for release by the Building Department and Planning & Zoning on
December 4, 2002 (all required fencing must be installed) and the first certificate of occupancy
within the subdivision was granted on Apri125, 2003 (all required landscaping must be planted).
On February 11, 2003, the City Council held aPre-Council Meeting at which Dale and Helen
Sharp, property owners on Wingate Lane, testified that they believed three of the conditions
placed on the developer (items #15, #20 and #22) had not been adequately enforced by the City.
Staff prepared a written response (dated February 24, 2003) to the Sharps which summarized the
direction given by City Council at the Pre-Council meeting. Finally, on Mazch 5, 2003, the City
i
received a letter from Dale and Helen Sharp reiterating their concerns with how the conditions
were not being enforced.
As supplemental background material to this application, attached as Exhibit B is a copy of Mr.
Larry Sale's (ACRD Development Services Supervisor) testimony before the City Council at the
Januazy 16, 2001 fmal plat meeting where he explained some of the history to the design and
access of Wingate Lane and East Challis Street. Staff is also attaching as Exhibit C a copy of a
letter from the Wingate Lane Association (dated October 16, 2000) which explains the concerns
of the private lane users.
PROPOSED REVISIONS TO FINAL PLAT ORDER
Staffproposes to remove two of the 32 conditions listed in the adopted Order of Conditional
Approval of Final Plat (Case No. FP-00-018). The condition as it was approved will appeaz first
followed by a brief explanation of the reason to remove the condition (shown in italics).
Condition #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."
Proposed Revision: Remove. On February 27, 2002 (approximately one month after City of
Meridian approval of the ftnal plat), the Ada County Highway District held a publ is meeting
at which the ACRD Commission decided to reverse their decision/condition of the October
18, 1995 preliminary plat for Packard Subdivision that required gates be constructed across
Challis. (See Exhibit D for the February 13, 2002 ACRD staff report and Commission
minutes approving the removal of the gates on Challis.) ACHD's reversal resulted in the
gates on E. Challis being removed due to being an obstruction of a public street. Under
Idaho Code 40-1310, highway districts have jurisdiction over all rights-of--way within
highway systems. Therefore, staff believes this condition is not enforceable by the Ciry of
Meridian and should be removed from the City's Order of Approval to be consistent with
ACHD's action.
Condition #22 - "All damages to Wingate Lane caused by the developer or contractors aze
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."
Proposed Revision: Remove. As noted in the Background/Summary, the City received a
letter from Dade and Helen Sharp (see Exhibit E , a portion of which states that Packard
Estates, LLC "has not complied with the agreed upon condition concerning the repairs to the
lane. " In order for this condition to be effectively enforced, the City must have clear
photographs or some other visual evidence as to the condition of Wingate Lane prior to the
approval of Packard Acres No. 2. The City would also need evidence that any damage to the
private street was actually caused by "the developer or contractors. "The Sharps did submit
a series of invoices demonstrating the Wingate association has paid to maintain the lane
through road mix, blading, dust control and other measures.
As worded, Staff considers this condition to be dffcult to adequately and fairly enforce. We
da not dispute that some contractor traffic anchor other vehicular construction traffic using
the lane has resulted from the approval of Packard Acres No. 2 subdivision. However, it is
also likely that Wingate Lane has been used by other traffic completely unrelated to the
developer or his contractors (e.g. delivery trucks, utility companies, residents of Packard
Acres, etc.). As written, Staff does not believe this condition is enforceable and we
recommend it be deleted by City Council.
• • E A~6~
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE ) CASE NO. FP-00-018
APPLICATION OF PACI<ARD )
ESTATES DEVELOPMENT FOR ) ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT FOR ) APPROVAL OF FINAL PLAT
PACI<ARD ACRES SUBDMSION )
N0.2, LOCATED SOUTH OF )
USTICI~ ROAD BETWEEN )
LOCUST GROVE ROAD )
MERIDIAN, IDAHO )
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 Freekleton, Engineering Technician III, and Shari 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, Shari
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 PACI<ARD SUBDIVISION NO. 2 (FP-00-018) - 1
6
• ~ ¢ t
IT IS HEREBY ORDERED THAT:
The Plat of "PACI<ARD ACRES SUBDMSION 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. i 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 aten-foot-wide easement for public utilities, drainage,
and irrigation along the southern boundary of Lot 20, Bloclc 2,-and
ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR PACIGIRD SUBDMSION NO. 2 (FP-00-018) - 2
west of 15-foot-wide easement for 4W`ingate Lane along Lots 17-22
Block 2, and Lot 10, Bloclc 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 eastern boundary of this subdivisiori.
The easement for this private roadway needs to be shown along the
backs of Lots 17-22, Block 2, and Lot 10, Block 5. All headgate and
cleanout 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 climbing 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, Bloclc 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 PACI~ARD SUBDIVISION NO. 2 (FP-00-018) - 3
2. The final plat upon which there is contained the Certification and signature
of the City Clerlc 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
improvements.
/6~~
By action of the City Council at its regular meeting held on the
day of '~/ ~~~ , 2001.
By:
C'a7an.lr~-pr~.frder,.-t ,~e.~/c 13i~-d~
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
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City Clerlc
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ORDER OF CONDITIONAL APPROVAL OF FINAL
PLAT FOR PACICARD SUBDIVISION NO. 2 (FP-00-018)
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CITY COUNCIL 11E\I~FRS
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Tammv du\Vxrd (20A) BRR~-133 ~ FAS (208) 887-1813
CiN Clerk OIFcu Fat (208) 388-12] 8
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MEMORANDUM:
To: Mayor & City Council
From: Bruce Freckleton, Assistant to City Enginee~
Shari Stiles, Planning & Zoning Administrator
LEG.~1L DLP:'\RT\lENT
(208) 2RR--2199 ~ Fas 238-2501
PLBLIC W'ORf:S
BL'ILDI':YG DEP.YRT~IF.Yr
(203) 837-2211 ~ Fas 337-1297
PL.1Nti'ING r4W ZONING
DEP.~1R"IZ(EM
(208) 8845533 ~ F.L\ 388-6853
September 28, 2000
Re: Request for a Final Plat Approval of Packard Acres Subdivision No. 2 - 60 Single-
family Building Lots on 23.02 Acres in an R-4 Zone, by Packazd Estates Development,
LLC (File# FP-00-018)
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in fall, 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 caned R-4. 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 pazcels 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 azea designated as single-family residential in the Comprehensive Plan.
SITE SPECIFIC CONIlNIIVTS
Applicant is to meet all terms of the approved preliminary plat and development agreement.
2. Applicant bas 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.
3. Compaction test results must be submitted to the Meridian Building Department for all lots
impacted by filling.
4. The design of drainage azeas shall ensure that water is retained only during major storm events
for a maximum 24hour period.
FP-0o-0tR
Packard Aces Suhdivisien No.2
Mayor and Council
September 28, 2000
Page 2
5. 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 snail be installed prior to obtaining certificates of occupancy. A letter of
credit or cash surety in the amount of 110% will be required for all fencing, pathways,
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal
plat.
6. Applicant shall be responsible to construct asix-foot-high, permanent 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.
Revise the following notes:
(5.) u adjacent to the exterior subdivision boundary lines.
(~ u Lot 10, Block 5, Lot 1, Block 8, and Lots 32 and 33, Block 2 u
(12) Access to Wingate Lane is specifically prohibited.
(13) This subdivision is subiect to the terms of a development aereement recorded as
Instrument No. ,records of Ada County, Idaho.
(14) (Provide a blanket easement to the City of Meridian over Lot 33, Block 2 for the
operation and maintenance of she sanitary sewer intercepter.)
(IS) 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.
8. Remove 20-foot-wide sanitary sewer easement south of E. Chemise Drive, and reference the
existing easement in~tn,rr~nt number north ofE. Chemise Drive.
9. 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 mairL
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 westem 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 front of house orientation. PJace symbol
on Lot 27, Block 2, toward N. Devlin Way. An arrow is required because less than minimum
Prao-0 i a
Packard Aces Subdivisi°n No. 2
Mayor and Council • i
September 28, 2000
Page 3
street frontage is shown on the other lot side.
13. Provide aten-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, Black 2, and Lot 10, Block 5.
14. Detailed landscaping plans for all common azeas, including species, size, quantities, and
locations, and pathway details must be submitted 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 plans 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 aad through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department.
17. Applicant's engineer will be required to submit a signed, stamped statement certifying that all
street finish centerline elevations are set a minimum of three feet above the highest established
normal groundwater elevation
18. Sidewallcs aze to provide a cleaz five-foot-wide walkway pathway without encroachment of
mailbox structures.
19. Wingate Lane borders the eastern boundary of this subdivision The easement for this 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 Depamnent
requirements. All headgate/cleanout structures aze 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 if) the two five-acre pazcels to the south aze
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). ACHD's condition of approval is to install
gates and allow the passage of pedestrians 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-0a-o i s
Packard AQCS su6divisiou Na. 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 road" to satisfy the pathway requirement
and avoid problems with Nampa-Meridian Irrigation Distzict.
22. All damages to Wingate Lane caused by the developer or contractors aze 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 pazcel 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. Staffls failure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance. v ~ ~
GENERAL REQUIREMENTS 'x ~ sP
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1. All irrigation ditches, laterals or canals, exclusive of natural waterways, in rsecting,
crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled 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.
2. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service-per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
3. 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-00-01S
Packazd Acres Subdivision Na. 2
' Mayor and Council ~ •
September 28, 2000
Page 5
4. Submit oFinalp letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent.
6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K_
7. 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 Deparmtent for compliance
review prior to development plan approval.
FP-00-0I8
Packard Aces Subdivision No. 2
• • Ex1v~
Sale: My name is Larry Sale, I'm Development Services Supervisor for Ada
County Highway District. I'm semi-pleased to be here with the Council tonight.
This has been and obviously still is a real thorny issue. I went back through the
Commission minutes to make sure that we hadn't said it wrong, but we didn't say
it wrong. After listening, at that time if you remember this was October of 1995.
At that time there was a lot of testimony from the neighbors about their desire
and their need to keep Wingate Lane open. Now how much of that testimony
was actually related to Wingate Lane and how much of it was just related to
opposing the subdivision, I don't know. At any rate, after discussing this
subdivision for two or three meetings, the Commissioners made a motion to find
that there was unique and compelling circumstances and that sometimes
pollicies had to be set aside to or interpreted differently to accommodate the
public good. They made a motion to require the developer of Packard
Subdivisions to dedicate right-of--way for what's the.name of the street, Challis
across Wingate Lane but to not construct it, to pave it up to each side of the
Wingate Lane easement and to gate the public right-of--way. That is an action
that's unique in Ada County with one exception. That is there's a public street
named Preece Drive or Preece Street that runs east and west from Milwaukee to
Cole. It used to run that lane. When the Home Depot was approved in Boise,
because of the great difference in land use between the commercial and Mulda
family on the west side of a certain line, and an old existing single-family
neighborhood on the east side of that line. Our Commissioners vacated a one-
foot strip of Preece Drive and it has a gate in it. The gate is only for emergency
access so that the Fire Department and Emergency vehicles can get through it
because nobody else has access to that gate. This, I guess was a like situation.
Quite frankly I hoped and still hope that the situation would resolve itself and I
guess it partially has. At least one of the two parcels south of Challis has been
sold. The Commission's action went on to say that this was a temporary
situation, that the developer would be required to deposit the cost of removing
the gates and completing Challis Street across this Wingate Lane at the time the
two parcels to the south were developed. That's the way it is. It probably isn't a
- if it were a permanent decision I would feel badly about it. I think under the six
circumstances that it was something the Commissioner's obviously felt they
should do. It does have a sunset, it isn't a permanent situation and when the
other parcel to the south develops then the gates will be removed. It is possible
to go back and revisit the issue. If the neighbors in the are have changed their
opinions about the need for the complete Wingate Lane, I suspect the
Commissioner's would change that decision. I'm here to offer that as a
possibility of the City if you would help me make that request we would take it
back to the Commissioners and revisit that decision. Any questions?
Bird: Questions, Council?
Anderson:. I guess it's not really a question as much as it is a comment. It would
seem like building two streets and leaving a 15-foot section of dirt in the middle of
~'
~/ f- ~ •
it doesn't seem to make rhyme or reason to me. When you've got the equipment
there, you've got the asphalt spreader, you've go the concrete trucks, you've got
your curb machine your set up there doing curb. It would make more sense to
me to go ahead, even if you wanted to allow to continue, that easement of
Wingate to go ahead to pave it, put the curbs and the sidewalks in that you could
still put in your gates. Those could be removed fairly easily but it seems like a lot
of additional expense to come back after the fact to put in 15 feet of asphalt and
curb and gutter and sidewalk. They-could still have their access come in from
Ustick Road, they would just drive over, however wide road that is of asphalt and
go on down their lane. Then it makes it easy in the future to make that a third
string.
Sale: Mr. Mayor, Mr. Anderson, you're absolutely correct. As everyone in the
room knows, there was some testimony at the time that indicated that the
Wingate Lane easement might (sic) be superior to a public road. Since that
testimony, we've received documentation that convinces us that it is not superior
to a public road, it is just another easement on private land. The owner of the
public land dedicates right-of-way over the easement then the right-of-way takes
precedent. At that time, there was a lot of -- there was a great deal of testimony
opposing to the extension of what is now Challis. The Commissioner's didn't
want to give up the ultimate ability to make the connection but they felt in view of
the overwhelming neighborhood testimony, they needed to listen to that.
De Weerd: Mr. President, when they do open that are they going to then gate
Wingate to the north of East Challis to restrict the access out onto that gravel
road?
Sale: Mr. President, Ms. De Weerd that wouldn't be necessary we would just
treat this as another driveway. It wouldn't have enough traffic on it to warrant any
special safety requirements. We would probably require that it be paved back to
the right-of-way line so that they wouldn't track mud and gravel onto the
pavement.
De Weerd: Yes, but that's going to poor quite a bit of traffic out onto Wingate
then to Ustick. If you've ever driven in any of those subdivisions I would look for
that access myself.
Sale: To be honest, I have not driven Wingate Lane since that day. I haven't
gone down there looking for it. It doesn't matter to us if there's a concern about
traffic using Wingate Lane it can be gated. It's just another driveway as far as
we're concerned. The owner of that driveway can gate it, the developer can gate
it, and you or the Highway District could require it to be gated that's a simple
matter.
~J
•
Anderson: I would imagine those properties if they didn't need the access would
vacate that and then that property could be used by the homeowners that bought
that wouldn't they? (Inaudible) vacated easement.
Nichols: Councilmen Anderson that would be a pretty major chore I would think
because all of those parties that have to - it wouldn't be like a vacation of a
public easement or where you simply petition the City. You have to have all the
parties to whom the easement runs would have to release the easement,
extinguish it.
Anderson: Not likely to happen.
Bird: Mr. Sales, as I understand it right now, the Commission is saying bring
Challis in there and then gate east and west sides so you have no access on
Wingate at all?
Sale: Mr. President, that's correct
De Weerd: Was that also the recommendation of our staff, Shari?
Stiles: In lieu of any alternative to come forward, yes.
Anderson: Maybe we could hear from (inaudible), his point of view. Just the
whole picture I guess.
De Weerd: And the residents.
Bird: Yes, we can. Do you have any other questions for Mr. Sale?
Anderson: Not right now.
Sale: If you would like I would read into the record the action of the -
Bird: Would you please?
Sale: This was the concluding discussion of the discussion of Packard
Subdivision No. 2 on October 18, 1994. Commissioner here we're moved to
accept staff recommendations but to .alter it whereby the developer has the
opportunity to cross Wingate Lane with the public right-of--way. The portion
crossing Wingate Lane will remain gravel, the portions east and west will be
gated in a manner which will allow pedestrian access and that at the time the
Rickord and Sharp parcels developed, the public right-of-way will be open and
will provide connectivity between the two neighborhoods. This motion is made
because of the unique and compelling circumstance and requires a little different
approach to the policies. To implement this motion, the developer will be
required to dedicate the right-of--way, will not construct the roadway, would
_= - -
-- -
deposit the cost of constructing the roadway into the Road Trust Fund. Further
that the developer's required to provide an easement physical connection from
the Rickord property to the public road system and the subsequent lot
purchasers of the subdivision not be responsible for the maintenance of Wingate
lane. In as much as they will not have access to it. Commissioner East Lay
seconded and the motion carried unanimously.
Bird: Thank you Mr. Sale, Okay, Represent?
De Weerd: You were early and under our old schedule
Bird: Would you please state your name?
Tealey: Mr. President and members of the Council, my name is Pat Tealey,
office address 2501 Bogus Basin Road. I'm here representing the applicant.
The applicant is also here for any input that he can offer on this issue. I'm glad
Larry showed up, I was going to ask for at the worst, another deferment
(inaudible) which we all don't want to do. I think you all have been here from the
beginning of this and stayed at this. This actually started in 1994 and here we
are six years later, still with the same basic issue, what to do with Wingate Lane.
ft hasn't gone away, won't go away and shouldn't go away, there are people with
-the Sharp's definitely do have an access easement across the 15 feet as being
platted as part of Packard Acres No. 2. This is an easement only there is no
ownership involved in this by any other parties. The parties to this easement
range all the way from Ustick down to the Sharp's parcel. They all own their
adjoining land in feet. The access is simply that an easement, there is no
ownership involved in this at all. I think that was one of the major issues from the
start that the City and the Highway District didn't know this. They thought each,
that there was natural ownership in the land itself, the 15 feet so there are other
rights perceived by this misunderstanding. ,Mr. Nichols has reviewed the
easement and in our staff meeting has basically indicated that the easement is in
fact only for access purposes. It is not exclusive; in other words that 15-foot strip
can only be used for access. There are other easements that can be granted
pertinent to this land. The access cannot be impeded, that's the only thing that
really goes with the easement. In other words we can't block their access to their
parcel. As stated there were at the time, two five-acre parcels north of what is
going to be platted as Challis Street. The Rickord parcel, one of the five-acre
parcels where the cursor is right now has been bought by the developers of
Packard Acres, the only people that access Wingate Lane. Sou#h of what would
be Challis would be the Sharp's parcel where the cursor is right now. The people
to the north of the platted subdivision really aren't affected by anything we're
doing down in this area of Wingate Lane. We are not affecting their access from
Ustick Road. We aren't doing anything north of our property line, which is about
south of where that cursor is. I forget which parcel it is. From here north this
parcel here can access (inaudible) and all of these parcels over here along
Wingate Lane can access from Ustick Road and won't be impeded by anything
c
To: Mayor and City Council ~ ~ ~~ )ctober 16, 2000
City of Meridian `"' ~~
33 East Idaho `~ ~ ~ ~ ~~~ ~ y.~;
Meridian, Idaho 83642 \~ ~ ~~ .~ ~, ~ , .~~`~s
From: North Wingate Lane Resident ~~~ Ct~`1°`~"+t~'i tgic°
2445 North Wingate Lane ~lty ~.le=-
Meridian, Idaho 83642
Re: Statement of expectations for developers of Packard Estates Development, LLC.
The residents of North Wingate Lane feel it is necessary to restate their position
conce.~ning 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 ariy kind of access to North. 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 traihc,
will be prohibited now and in the future from traveling on or across North Wingate Lane.
We expect the compliance ofPackard Estates Development, LLC. to the city council for
.the constmction 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 Courrty has ah-eady ruled that no more houses may be built along North Wingate
Lane that would require entrance and exit drectly 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, ACRD, 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 uncanstructed portion of E. Challis. It is not. It is part of our
established, permanent private lane.
We greatly appreciate the efforts of Nir. Bruce Freckleton; and Ms. Shari Stiles. They
have been very helpful to explain and imerpret the somewhat confusing documents
conceming 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 put to
rest any further womes concerning our proper right to keep our private lane as such.
Sincerely, ;~5 ~ ~`y C~-~, ~~,~~~--
North Wingate Lane Residents
a ~ ~ ~~~ ~~~~~
Attachment Enclosed:
C~~ ~.~--
OCT 89 '02 11:55 FR CITY OF MIERIDIRN 208 888 4218 TOy~MD-Z ~~~ P.02i04 u
Ada County Highwa District
Y
yviGmv Rrglir-of--Way & Development Deparrrnenf
Planning Review Division
To: ACRD Commissioners
From: Gary Inselrtran, Christy Richardson
Subject: Packard Acres Subdivision, Staff Request for Modifrr2tan of Previous Commission Action
Date: February 13, 2002 Regular Agenda
ACND REVIEW 8 APPROVAL
On October 1 ti, 'I®95, the ACHO Commission reviewed and approved the preliminary plat for Packard No. 2
Subdivision. Packard No. 2 Subdivision is platting as Packard Aces Subdivision, A private road, Wingate
Lane, bisects the site. The previous Commission action required the developer dedicate right-of-xray but not
eonsttuot the streets across Wingate Lana. The developer was also required to install two gates, one at.
each end of the umm~structed portion of the public streets across Wingate Lane, thatwould-allow passage
of pedestrians and bicycles along the unransiructed section of the street but not automobiles (Exhibit "A").
The developer owns the property that Wingate Lane is constructed upon. 'the owners of the property. at the
south end of the lane, the Sharps, have anon-exclusive easement m use Wingate Lane but they have nn
ownership of the Iona. The paroal direCgy north of the Sharps (formerly the Reichert parcel) is outreriHjr
owned 6y the devebper and w111 be the subjeq of a development appKcation in the future as a residential
subdivisiolt (6xhbit "8"}, There ie a house currently on this parcel that the developer desires to access from
the pultlic sweets within Packard Acres No. 1 and cannot because of the fence and gates currently in place.
The Commiss~n meeting minutes reflect that the Commission did not intend for the Reidlert parcel to
access the public streets east of Wingate Lane located within the first phase of Packard Aaas (Exhibit "C`}.
The final plat for Packard Acres Subdivision No. 1 was approved and signed by the Commission on April 4,
2901 and recorded July 26, 2001. This first phase of the development includes two stub streets to the east
side of Wingate Lane, East Challis Street and East Meadowgrass Street (ExhibR'D"). The street
improvements have been constructed but not accepted for pubic maintenance. The developer constructed
the gates as required at the end of the public right-of-way along the east side of Wingate Lane. However,
the pedestrian gate at the end of East Challis Street is locked and the latch for the pedestrian gate at East
Meadowgrass Street is too #ight to open. The vehicle gate at the end of East Challis Street is locked as well.
This gala is the CistricCs only akxxss to the ACHD storm drain pond constructed in this phase of the
development on Lot 15, Block 2. The developer g-anted ACRD an easement fn access the pond-from East
Challis Street akxoss a 20 toot wide strip of ground that includes the 15-foot wide Wingate Lane. The
developer has stated chat the locks are not his, They are not ACHD locks.
SEp 10 '02 15=06 1208 3457650 PRGE,07
OCT 09 '02 1155 FR CITY OF MERIDIRN 20B B88 4218 TO P~11~-Z P.01i04
i,w iw.t.+i Vw1V VG.''•VG '.'aR•1 34b/bbU I'HL~t b/ y
r •
Commission Meeting -February 27, 2002
Page 2
Kent Brown, Briggs Engineering, 1800 W. Oreriand, Boise, representative of the applicant, acid the
applicant supports the proposed vacation in accordance with the staffs recommendations.
For the record, AGHD received a hand written Islter from Carl Hoffman, 7490 Lake Hazel Roed,
expressing his concerns.
Commissioner Wynkoop clamed the public hearing.
After discussion, the Commission took the following aGion:
ACTION TAKEN:
Commissianer Peavey-Ds-r made a motion m approve the vacation and abandenmartt of a
portion of Lake Hazel located in Gevemmem Lot s of SeRion 31, Township 3 North, Range 2
East, and Section 6. Township 2 North, Range 2 Fist of the Boise Meridian, Ads Counq,
Idaho and impose additional face for the vacated right.ofJway in the amoum of
approxunately 532,400 and provide staff with a new Isgat dascripNon for the entire Lake
Hazel right-of-way abueting the applicant's propergi IaPProximaralr SO feet by 1,r/0 fasq. In
addition, staff racommontls that the vacation ba conditioned on the following: that formal
agreement between the Idaho Department of Lands pDL~ and the developer with the
conditions specified by IDL in a letter dated December 13, 2001, peing accounted for in the
agreement and' associated documents. Conuniasioner Bhrens seconded. Motion carried
unanimertaly.
,. Gary Inselman, Plan Review
Dale Sharp, 24x5 Wingate Lane, Meridian, expressed his mncems. Mr. Sharp submitted a copy of
a private road agreement doling back to 1913, and a copy of a letter from their former attorney,
Kenneth Kreis, dated October 18, 1995.
Nolen Sharp, 2445 Wingate Lane, Meridian, expressBd her concerns. Mrs. Sharp said her husband
put the looks on the gates.
Chip Gallagher, 9020 Wingate Lana, Meridian, expressed his concerns.
Dixie Lee RolteAs, 2956 Wingate Lane, Meridian, exptessad her concerns.
AI Dauven, 2020 Wingate Lane, Meridian, expressed his wnoems.
Wirt Edmonds, 2291 N. Chandler Way, Meridian, the developer, said he is willing to pay for the
gate.
Alter discussion, the following aiaion was taken:
Ar:t~N TAKEN:
Commissioner Huber made a motion to approve Option No. 2, with the amendmetN to the
sbfF report indicating a special recommendation to the City of 6taridian outlining the
conditions of the security gate that will be installed on the north/r3outh alignment and
indieatng that the developer and the homeowners on Wingate Lane have agreed prat the
homeowners on Wingate Lane will maintain the saegrity gars and the devebpar has agreed
to pay for the initial cost of the gate. Commissioner Bivena secandad. Discussion iallowed.
Motion carried unanimously.
SEP 10 '02 15:06 1 20B 345?650 PRGE.06
OCT 09 '02 1155 FR CITY OF MERIDIFN
1 lyC IW.iVI VJ/1V UG ""•VG ~-Fq.nj,l
I
ACHp POLICY
Section 7203.5 Continuation of Streets
208 888 4218 TO P~-Z P.03i04
" l • 1 34b r byV F'lalit 2i! `J'
7203.6.1 Consideration for Future Development
The street design in a proposed development shall cause no undue hardship to
adjoining property, An adequate and convenient access m adjoining properly for use
in future development may be required, If a street ends at the development boundary,
it shalt meet the requirements ofsub-section 7205, "Non-Canlinuous Streets".
7203.5.2 Eristing Adjacent Development
An existing street, or a street in an approved preQminary plat, which ends at a
boundary of a proposed devebpment shall be extended in that development. The
extension shall include provisions for wn6nuation of storm drainage facilities.
The policy on the wntinuation of streets requires that the right-of-way for East Challis Street and Fist
Meadowgrass Street be dedicated to the public and that the streets be constructed.
The ACRD Legal Department has provided a written legal opinion relating to this matter. See attached
Memo (Fachibit "E"). The Legal Department concludes: "Absent a significant safety concern, public streets
and public rights-ofmay should remain open and accessible W the public'.
The Traffic Department has reviewed this matter and concluded that there is rw signirgnt safety conaersr in
opening the two Streets in question and extending them across Wingate Lane.
ACHt) PLAN REVIEW APPROVAL PROCt36S
In November the applicant subm"rtbed plans to ACHD's Development Review Division Mat included the first
phase Of the development west of Wingate Lane. The plans are acceptable for public street construction
with the exception of this issue of gating the public right-of-way.
Developrnen[ Review Drlns' ien staff have delayed approving the plans and a8owing constnuaion to proceed
until this issue is resohred {Exhibit "F"}.
STAFF RFGOMMENDATION
Staff is requesting a modification of previous Commission action as it relates to the crossing of Wingate Lane
w'th the public streets. Staff is oonoemed about the gating of a public right-of-way. These streets are
necessary far cortnectrvny in the area and vn'ii not deny the Sharp's awess to Wingate Lane. Although the
previous Commission aciion was acceptable fo Me developer et the lane, circumstances have changed. As
stated above, the developer currently owns the Reichert parcel and plans to submit a preliminary plat
application for development of this parcel in the nearfuture. Joint School District No. 2 has constructed and
opened an elementary school within the section. One of the access points for the school is through Packard
Estates Subdivision (~xltibit "D"}. Staff believes that the previous decision Contradicts District Policy and
reeates an impractical situation for residents in the area trying to ciralate within this section.
OPTIONS
1. Dehy stairs request and uphold Me previous Commission action.
2. Approve staffs request. Require that East Challis Street and East Meadowgrass Street be
constructed and dedicated to the pub4c acoss Wingate Lane. Delete U+e requirement for the gates.
3. Require the developer revise and resubmit the preliminary plat to delete the public streets crossing
Wingate Lana. This option would require significant costs >b the developer to redesign Packard
Acres No. 1 and to reconstruct the stub streets ro provide permanent turnarounds.
SEP 10 '02 1507 1 208 345'7650 PpGE.88
OCT 09 '02 1156 FR CIF MERIDIft`1 .208 888 4218 TO POND-Z P.04i04
~ +k1- ~~•iJ~ vA+av VG i.~-w -rn.iw '.+n-a JyJf VJV rr,Wl w ;,
•r i
Staff recommends Option 2, the modification of the previous Commission action on Packard No. 2
Subdivision and require East ChaOis Street and East Meadowgrass Street be construd~ed and dedicated to
the public across Wingate lane without the gates across the public streets.
NOTIt`ICATION
f2esidents along tNmgate Lane were notified by mail of the Commission meeting and shafPs
recommendation.
COMMISSION ACTION. FEBRUARY 27.2002
The ACHD Commission acted on this item February 27, 2002. The Commission voted to approve the staff
n:quest and modify the previo~ Commission action per option 2 as recommended. All other conditions of
approval from the Commission action dated October 18, 1995 are sGtl in effect.
The Commission ado made a apeeial recommendation to the City of Meridian as follows:
Recommend that the City of Meridian rt~uire the developer to install a gate on Wingate Lane north of
Lot 15, 8laedc 2 of Packard Acres Subdivision No. 1. The developer and residents along Wingate
Lane have come to an agreement for the installation of the gate by the developer and maintenance of
It1e gate by the residents.
Attaclfinents:
Exhibit'A" ACHD staff report
Exhibit "S" Wingate Lane map
Exhibit "C" October 18.1986 Commission Meeting Minutes
Exhibi! "D' Viantty Map
Fathibit "E" Legal Department Mema
Exhibit "P Plans Acceptance letter
5£P 10 ' 02 15 07 1 208 3457650 PAGE. 09
~wc TOTAL PAGE.04 **
• • Exk.~4
E
March 5, 2003
Brad Hawkins -Clark
Interim Planning Director
Pianniny and Zoning Departmenf
33 East Idaho
Meridian, Idaho 83642
~: Enforcement of conditions for Packard Acres No. 2 Subditision
Dear Brad Hawkins - Clark:
Thank you for your letter dated February 24, 2D03 which confirms Cily CounciF's enforcement of conditiais for Packard
Estates Development, LLC.
We were given thirty minutes of the February 11, 2003 pre-council meeing which did not.allow time to address ail condtions.
The fencing as stated in No. 6 and No. 15 were not in agreemenf and therefore ambiguous.
Number twenty in part -"remote the gates when (and it) the two fire-acre parcels to the south are developed (when Wingate
Lane can be vacated". ACHD was well aware of the public street (Challis) issue when agreeing to the Platt. The fire acres
south of the Packard Acres No. 2 has not been annexed into the city of Meridian and is not apart of the subdivision. ACHD is
not adhering to the Platt as agreed upon and should not be allowed to make changes after building has started.
Interestingly enough Wingate Lane (Pd~te) was graded and graveled February 72, 2003 before pictures were taken regarding
the condidition of the lane as requested by Council member Tammey DeWeerd. There should be photos in file as to the
condition prior to all the construction frocks using the lane (No.22). The repairs have been done at the expense of the
residents in order for the postal and paper deliveries to continue. The attached invoices reflect the expenses incurted as a
result of the development activities. The residents of Wingate lane can also attest the developer has not complied with
agreed upon condition concerning the repairs to the lane.
Who from Planning inspected and "signed o1P on Wingate lane prior to issuing building permits-No. 22. As a condition, this
should be done the same as the inspection of the fencing.
In the {daho Law Library is a book "Private Land Use Arragements" S~t06 Irrterface by the servient owner. The Rules and tt's
jusifications-The sentient owner can do nothing to diminish the use of the easement or make it more inconvenient, costlly or
hazardous fo use." A copy of this was given fo you Brad. The hazardous condition was confirmed by Capfain Bill Musser of
the Meridian Police Department, and can be elimated by enforcing condition No. 20.
As for Councilman Nary, he had not done his home work about Wingate Lane prior to the meeting.
In conclusion, either all the condtions for granting the Packard Estates Devefopmenf,LLC be inforced as agreed upon by City
of Meridian, ACHD, developer and all concerned, or why bother to establish conditions and why hate the Planning
Department?
Sincerely,
Dale and Helen Sh '~c~
CC: Mayor Bob Corrie
Council President-Tammey DeWeerd
Cify Clerk
"v,eea.rhos.mw artertwanme:.vtsru~ar
Page: 1
1
• •
PROPERTY OWNERS WITHIN 300'
PACKARD ACRES SUBDIVISION NO 2
ALLEMAN VERN R d ANGELINA P 2858 N LAWSON PL
REVOCABLE LIVING TRUST 2847 N LAWSON PL
2101 E USTICK RD 2860 N DEVLIN WAY
MERIDIAN ID 83642-5533 2859 N DEVLIN WAY
2125 E USTICK RD 2840 N DEVLIN WAY
2835 N DEVLIN WAY
HOLLADAY V L d HULDA C 2814 N DEVLIN WAY °'
2315 E USTICK RD 2790 N DEVLIN WAY
MERIDIAN ID 83642-5533 2280 E CHIMERE DR
2308 E CHIMERE DR
LACY CRAIG A d SUSAN L 2334 E CHIMERE DR
11458 ALETANDRO ST 2360 E CHIMERE DR
BOISE ID 83709-1176 2750 E LAPIS AVE
E USTICK RD 2637 N SANTEE PL
2636 N SANTEE PL
SCHEY JOHN R d SHIRLEY A 2615 N DEVLIN AVE
2425 E USTICK RD E CHALLIS ST
MERIDIAN ID 83642-5535 E MEADOWGRASS ST
2521 N HICKORY WAY
PREMOE GARY D d BILLIE JO E LOCHMEADOW ST
3045 WINGATE LN 2527 E LOCHMEADOW ST
MERIDIAN ID 83642-7301 N HICKORY WAY
2251 E CHIMERE DR
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2440 N WINGATE LN
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2648 N SANTEE PL
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ROBERTS DIXIE
2855 WINGATELN
MERIDIAN ID 83642-5709
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MCMILLAN ~ CO INC
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EAGLE iD 83616-0000
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GRIFFITH CAROL
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MERIDIAN ID 83642-0000
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1701 E KAMAY CT
MERIDIAN ID 83642-0000
2836 N LAWSON PL
PACKARD ESTATES DEVELOPMENT LLC
CASSELL WILLA J
6223 N DISCOVERY WAY STE 120
BOISE ID 83713-0000
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2807 N DEVLIN WAY
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2225 E CHIMERE DR
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MERIDIAN ID 83642-0000
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2020 E CHIMERE DR
MERIDIAN ID 83b42-0000
RHODES ANGELA R &
RHODES JUSTINP
2040 E CHIMERE DR
MERIDIAN ID 83642-0000
CHRISTENSEN SHARON
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MERIDIAN ID 83642-0000
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MERIDIAN ID 83642-0000
CASSELL WILLA J
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MERIDIAN ID 83642-0000
SCHREITER GREGORY C &
SCHREITER STAGY T
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MERIDIAN ID 83642-0000
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BROWN ALICIA D
1999 E CHIMERE DR
MERIDIAN ID 83642-0000
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BERTSCH PATRICIA A
2731 N CHANCERY WAY
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KW HOMES INC STOUT FRANKLIN R d
6002 FAIRVIEW AVE STOUT VICTORIANA I
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2462 E MEADOWGRA55 ST MERIDIAN ID 83642-5790
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GORE WILLIAM R MERIDIAN ID 83642-0000
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PO BOX 744 2480 N BULLOCK AVE
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2173 E LOCHMEADOW CT
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OYLER KENYON 2484 N HICKORY WAY
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954 N PRINCIPLE WAY EDMONDS WIRT
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2575 N WINGATE LN
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MERIDIAN ID 83642-5793 PETERSON KARISSA D
2188 E LOCHMEADOW CT
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2190 E LOCHMEADOW CRT 6322 RAVENS CREST pR
PLAINSBORO NJ 08536-2429
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MERIDIAN Ib 83642-0000 2536 E MEADOW WOOD CT
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2194 E LOCHMEADOW CT
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HASH JOCELYN C 2672 N CHANCERY WAY
2726 N CHANCERY WAY MERIDIAN ID 83642-0000
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1981 W CHIMERE DR 2650 N CHANCERY WAY
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SKIPPER STACY L COBURN MICHELE L
2719 N CHANCERY WAY 2440 E CHALLIS ST
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MIKEL GREGORY S
MIKEL TENNIFER L PINE LUMBER SUPPLY
2708 N CHANCERY WAY 5852 N ROTHMANS AVE
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2306 E CHALLIS ST
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2693 N CHANCERY WAY DOUGLAS DANIEL L &
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2055 E CHALLIS
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2004 CHALLIS DAMON TIMOTHY G
MERIDIAN ID 83642-0000 2001 E CHALLIS DR
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2022 E CHALLIS MCMONIGAL CAROLYN
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MERIDIAN ID 83642-0000
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2460 N BULLOCK AVE 2512 E NIKKI CT
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1035 JUSTIN PL 2511 E NIKKI CT
MERIDIAN ID 83642-5717 MERIDIAN ID 83642-0000
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1207 NORTHGATE CT RANEY DEBORAH K
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2450 N HICKORY WAY MERIDIAN ID 83642-0000
VAUGHN CHRIS BAGCHI JUDY
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MERIDIAN ID 83642-8078 MERIDIAN ID 83642-0000
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WELCH TIFFANY A EARLS TERESA
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