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HomeMy WebLinkAboutBrad H-C Cover Lettertm~t o~ Tt~, irALL~Y acaxcn9 A Crood Place to Live >~~.r>Erurrao:9rr 9FaUatn.Came Cn'Y C17t7AYCfL B {/~-~~ ~j ~~j ~ /~ ~ vi~ Oi" 1~ii:J~1.A1\ ~08I21i8Zi99-Fss2852309 P[~'B[YC WdR~fi 'B'ammy deareeaa t«ah »~~a 33 EA -T IDAHO MERIDIAN, iDAHU 83642 nc~~~u.nr~won~er~r X89 s9s-ssoo - Fu ssa~r<va > C~ 888-4435 - ~4x {208) se'r-FS>3 Fl .a~a:mu~ ar~n zo9~ ~~~ ~~ ~ C[y CleikOlfiae Fu(208) 888dr218 DA1~':11r1'XffdaTr R208D 884-5333.9'.Ax 8886858 APPLICATION COVER MEMO: June 10, 2003 To: Mayor & City Council ,~ ~ ~p From: Brad Hawkins-Clark, Planner III ` ~- 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 Councfl. 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 January 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 heard by City Council. Public hearing notices will be sent to all property owners within 300 feet of the external boundaries 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 t 6, 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 fmal 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 i 1, 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. Staffprepared 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 March 5, 2003, the City 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 January 16, 2001 final 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 appear 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 final plat), the Ada County Highway District held a public 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 rent enforceable by the City of Meridian and should be removed from the City's Order ofApprovad to be consistent with ACHD's action. Condition #22 - "All damages to Wingate Lane caused by the developer or contractors are to be repaired inunediately. 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 untfl 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 to the BackgroundlSummary, 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, bdading, dust control and other measures. As worded, Staff considers this condition to be d~cudt to adequately and fairly enforce. We do not dispute that some contractor traffic and/or other vehicular construction traffac using the lane has resulted from the approval of Packard Acres No. 2 subdivision. However, it is also Zikedy 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.