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HomeMy WebLinkAboutDale Sharp Letter 8.13.03 Mayor and Meridian City Council Members AUO ~ 3 2003 Pity Uf N~eridiait In August 12, 2003 City of Merdian Council Meeting Mr. Craig Gros indicated we had agreed fi~~t[d Lane during ACHD meetings but my testimony in ACHD meeting of February 27, 2003 will show no such an agreement. We listened and discussed the merits of gating Wingate Lane during an informal meeting at ACHD but made no commitment. A copy of my testimony (see attached hand written copy) shows that no agreement for gate was ear made and that my wife and i had attended the ACHD meeting on February 27, 2002. Dale Sharp Weoheaday, Au9usf 73, 2004 MieAra QOiae: AH$HARP Page: t c.. ~ u ,~ - r-_~...r,~ - - T O C" b G /-d(^ f" ~ 6x C x -11 /+v ~ ~ l~~/.~ ~ t/ h` T RJ / 6 !~ C a C' a a'~.~ W i~ __ 'T~ ~ G ~LU.L.J~' i. __ / D ~ h C ~f !J [J E+' _ W l hi 9 .c Te L ~a L+~- - ~ i ~ r~ u d (,-S L( J'- - ~- r r_s T _.. ~..P.~r~re e-,l' ~ fi E? 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F~ >~ d' -~..t-T's` cf' 7- caT u Tm (1 y ~- •~'i-r' ~---[~ --~~~W yat'u w~:. T_m '~~e~.l~~, ~ a Flo ~l"o- c?i o-..~ -(O -L_a~_i OCT 09 '02 11:55 FR CITY OF MERIDIRN 208 668 4218 TO P-AND-Z P.01i04 .vr,~w.i.,, moo. yv ~~ a~•~c +u •tiuw YHiS•1 CU25 S4bfb5U k'HLit b'/ y ~. Commission Meeti g -February 27, 2802 Page 2 Kent Brown, Briggs Engineering. 1800 W. Overland, Boise, representative of the applicant, said the applicant suppoM1s the proposed vacation in accordance with the staff s recommendations. For the record, ACHD received a hand writteh letter from Carl Hoffman, 7880 Lake Hazel Rued, expressing his ~oncerns- Cammissioner Wynkoop closed the public hearing. After discussion, the Commission took the following action: ACTION TAKEN: Commissioner Peavey-Derr made a motion to approve the vacation and abandonment of a portion of lake Hazel located In Government Lot 4 of Section 31, Township 3 North, Range 2 Fast, and Section 6, Township 2 North, Range 2 Fist of the Boise Meridian, Ada County, fdaho and impose additional tees for the vacated right•oNway in the amount of approximately 532,400 and provide staff wflh a new heal description for the entire Lake Hasel right-of wpy abutting the applicant's propergi ~approucimarely 50 feet by 1,440 teat!. to addition, staff rscommentls that tTie vacation be wndltianed on the following: that fauna! agraemertt Detwaan the Idaho Department of Lands (1DL) and the developer with the conditions specified by ID! in a letter dated December 13. 2001, being acrounted for in the agreement and asseeiatad documents. Comrniss"roost Blvens seconded. Motion parried unanimously. ., Garv Inselman, Plan Review report Dale Sharp, 2485 Ulfingate lane, Meridian, expressed his cancems. Mr_ Sharp submitted a copy of a private road agreement dating back to 1913, and a copy of a letter from their forme- attorney, Kenneth Kreis, dated October t8, 1995. Helen Sharp, 2445 Wingate Lane, Meridian, expressed her concerns. Mrs. Sharp said her husband put the looks on the Bakes. ~' Chip Gallagher, 3020 Wingate Lane, Meridian, expressed his concerns. D'ucie Lee RobeAs, 2855 vYngate Lane, Meridian, expressed her concerns. AI Dauven, 2020 Wingate t,ane, Meridian, expressed his concerns. Wirt Edmonds, 2291 N. Chandler Way, Meridian, the developer, said he is willing to pay for the gate- After discussion, thB following action was taken: AC7K]N TAKEN: Commissioner Huber made a motion to approve Option No. 2, with the amendment to the staff report indicating a special recommendation to the City of Meridian outlining the conditions of the security sate that will be installed on the northPsouth alignment and tndieating that tl1a developer and the homeowners on Wingate Lane have agreed that the homeowners en Wingate Lane wvili maintain the seetlfiRy liars and the developer has agreed W pay for the initial cost of the gate, cemmissianer Bivens seconded. Discussion followed. Motion tattled unaninwusty- SEP 10 '62 15: 0b l 268 345?650 PRGE.06 RECEI~TEI~ HViil Berg Meridian City C!eric 33 E. Idaho Acre. Meridian, Idaho Dear Wiil Berg: MAR i 7 2003 City of Meridia8 . City Clerk Office Attached are the minutes from the ACRD Commission Meeting -February 27, 2002. Our question is -was the City ofi Meridian muted to this meeting as i# inwi~ed changing one of the conditions for granting the Packard Estates subdiusion. Prior to this meeting there was an informal meeting held at ACHO with staff and residents of Wingate Lane in attendance concerning the private lane. The paragraph inpart- "The Legal Department oonclutles: "Absent a significant safety concern public streets and public-rights- of-way should remain open ant! accessible to the public" has been eonfimed by the.City of Meridian police department to be a .serious hazardous condition. ACRD was welt aware of Section 7208.5.1 and 7208.5.2 Continuation of Streets joining E. Challis St. crossing Wingate Lane when the original Platt was agreed upon and should be adheired to_ ACND, nor anyone else, should not be allowed !o make changes to the anginal estat>last~ed conditions. Sincerely, '~ , , 4~ &..c._~~~/ Date and tier Sharp --~,.~r..xao3 Au~fceor9ne:aasMAiP ~:+ F C..'hilaty RlCbardsOII - PlamltngReVleW $llpeNISOI ' Right-of--Way & Development This is in reference to your letter of Februaryl, 2002 regarding Packard Acres #2 and gating of right-of - way at Wingate Lane and also to offer some comments to the sffiff report. First we would comment that we should have been advised of this meeting (February 13, 2002) at least thirty (30) days prior to meeting date to allow us adequate time to prepare for the meeting. We received notice of this meeting February 6 and a copy of staff report about 4:30 pm on February 8, 2002. We will not be able to attend this meeting as we have had a death in dte immediate family and will be out of town for several days to attend services. The comments and in some instances exhibits to support these comments are as follows, and while not necessarily in date sequence in which they occurred are 1. In the early 1990's the Ada County Zoning Boazd mled that the Peterson property should be the last new residence to be allowed on the lane. Ada County Planning and Zoning addressed concerns of Wingate Lane residents when declaring that no more egress to new homes would be allowed on this private lane while considering a proposal on property then owned by the Holladays. 2. The developer or the applicants representative ,Paz Tealey has stated on numerous occasions that there would be no access to Wingate Lane whatsoever from proposed development (exlubit a) . ALso see City of Meridian memorandum dated September 28, 2000 stating "access to Wingate Lane is specifically prohibited (exhibit b): See also letter dated March 22, 2000 from R. Craig Grove stating "Gates and fencing along Wingate Lane will be sufficiently constructed to preclude foot, bicycle and motorized vehicle access other than emergency vehicles. Also that "Developer, Property Owners along Wingate Lane not within the proposed subdivision and Governmental Agencies will agree on the type and style of fencing and gates to be installed " (exhibit c). We would not sign off on fencing since there were known problems with property boundaries between Peterson's property and development properties to the south (this also affected ACRD drainage Pond) and also because we were not sure [he gating systems would meet requirements for emergency vehicle access. Because of numerous instances of violations by other than authorized users of the gates locks were installed to discourage these trespasses. This still has not entirely discouraged use of the larger gate as a backhoe accessed Wingate Lane through the gate just a few days ago to do some work adjacent to drainage pond. Keith BQd, Meridian City Councilman, told us to call him any time if violations occurred. Prior to installation offence violations occurred on reguku• basis and Mr. $ird said he called developer but with limited or no results. The fence and gates have limited the number of violations considerably for the most part. 3. For the first meeting with ACRD Mr. Sales (ACRD) said we should submit legal opinion relative to construction of road across Wingate Lane. We questioned the necessity of doing this but did consult an attorney and gave a copy of his findings to ACRD prior to commencement of the meeting . The ACRD mentioned they had received an opinion from Developer's attorney but for whatever reason failed to acknowledge receiving an opinion from our attorney (exhibit d). 4. Mr. Grove assured us that "Any damage caused by our contractors will be repaired immediately'. The Wingate Road Asociation hs had to repair a lot these damages because ofthe developer's failure to do as promised. We hired Gary Bushman to haul in necessary sand/gravel and grade the lane to repay developer's damages. The latest damages have not been repaired and Mr. Butns, Code Enforcement Officer, employed by City of Meridian was out here recently to inspect the lane and can attest to the fact lane hs not been repaved.