HomeMy WebLinkAboutPackard Order Amend FPORDER REGARDING APPLICATION TO REMOVE/
MODIFY FINAL PLAT CONDITIONS / (FP-03-038)
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BEFORE THE MERIDIAN CITY COUNCIL
C/C 07/08/03
C/C 07/22/03
C/C 08/12/03
Revised per C/C 08/26/03
IN THE MATTER OF THE
APPLICATION OF THE CITY OF
MERIDIAN FOR APPROVAL OF
REVISIONS OF RECORDED
FINAL PLAT FOR PACKARD
ACRES NO. 2 SUBDIVISION,
LOCATED WEST OF NORTH
WINGATE LANE AND SOUTH OF
EAST USTICK ROAD, MERIDIAN,
IDAHO
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CASE NO. FP-03-038
ORDER REGARDING
APPLICATION TO REMOVE/
MODIFY FINAL PLAT
CONDITIONS
This matter coming before the City Council for Final Plat approval pursuant to
Meridian City Code § 12-3-7 on July 8, 2003, and continued until July 22, 2003 and August 12,
2003, and the Council finding that the Administrative Review is complete from Brad Hawkins-
Clark Planner III for the Planning and Zoning Department, dated June 10, 2003, to the Mayor
and Council, and that Brad Hawkins-Clark Planner III for the Planning and Zoning Department,
Stacy Wyrick, Dale Sharp, Helen Sharp, Billie Jo Primo, Dixie Lee Roberts, Vern Alleman,
Audrey Bentley, Craig Groves, and Chip Gallagher, commented at the hearing, and the Council
having considered the requirements of the preliminary plat the Council takes the following
action:
IT IS HEREBY FOUND THAT:
ORDER REGARDING APPLICATION TO REMOVE/
MODIFY FINAL PLAT CONDITIONS / (FP-03-038)
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1. This Final Plat Amendment application was prepared by the Planning and Zoning
Department at the direction of the Mayor and City Council 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.
2. That there were a number of people who appeared and testified in this matter, and
those names are listed above the first paragraph.
3. The conditions in question to the recorded final plat dated December 2, 2002, are
numbers 15, 20 and 22, and that possibly these particular conditions were not adequately
enforced by the City.
4. That the Planning and Zoning Department proposes to remove two of the 32
conditions originally required in this application, and the two items are numbers 20 and 22. Item
20 pertains to the requirement of two gates across E. Challis Street: one on the east boundary of
Wingate Lane, and one on the west boundary of Wingate Lane. The other condition pertains to
number 22 which addressed any damages to Wingate Lane caused by the developer or
contractors.
5. On February 27, 2002 (approximately one month after the City of Meridian
approval of the final plat), the Ada County Highway District held a public meeting at which the
ACHD Commission decided to reverse their decision/condition of the October 18, 1995
preliminary plat for Packard Subdivision that required gates be constructed across Challis.
(ACHD’s staff report dated February 13, 2002 and the 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
ORDER REGARDING APPLICATION TO REMOVE/
MODIFY FINAL PLAT CONDITIONS / (FP-03-038)
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districts have jurisdiction over all rights-of-way within highway systems. Condition number 20
of the original conditions would not be enforceable by the City of Meridian, and therefore
number 20 shall be removed from the conditions and shall nullify the plat condition.
6. Pertaining to number 22 of the conditions, the City received a letter from Dale
and Helen Sharp, 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. This
condition is considered to be difficult to adequately and fairly enforce. There is no disagreement
that there has been some contractor traffic and/or non-Wingate Lane resident vehicular
construction traffic using the lane and that has resulted from the construction and build out 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 trunks, utility
companies, residents of Packard Acres, etc.). Condition number 22 of the original conditions
shall remain as recorded in the Final Plat Order, but this additional language shall be added to
the condition: “Due to the lack of resources sufficient to effectively enforce the prohibition
against construction traffic, or to determine the condition of the Lane at various times, Plat note
number 22 has been impossible for the City staff to enforce.”
ORDER REGARDING APPLICATION TO REMOVE/
MODIFY FINAL PLAT CONDITIONS / (FP-03-038)
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THEREFORE, IT IS HEREBY ORDERED THAT pursuant to action of the City Council
taken at their August 12, 2003 meeting that:
1. Condition #20 shall be amended to include the following sentence.
The Ada County Highway District made subsequent Findings at their February
27, 2002 meeting pertaining to East Challis Street and Wingate Lane nullifying
this plat condition. This does not preclude ACHD from re-visiting this issue at
some point in the future.
2. Condition #22 shall remain as recorded in the Final Plat Order. Due to the lack of
resources sufficient to effectively enforce the prohibition against construction
traffic, or to determine the condition of the Lane at various times, Plat note
number 22 has been impossible for the City staff to enforce. However, this does
not relieve the developer of the requirement to comply with the condition that no
construction traffic shall be allowed to access Wingate Lane.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner
may request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision concerning the
matter at issue. A request for a regulatory takings analysis will toll the time period within which
a Petition for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review as provided by
Chapter 52, Title 67, Idaho Code.
ORDER REGARDING APPLICATION TO REMOVE/
MODIFY FINAL PLAT CONDITIONS / (FP-03-038)
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By action of the City Council at its regular meeting held on the _____________ day of
________________________, 2003.
By:____________________________________
ROBERT D. CORRIE
Mayor, City of Meridian
Attest:
_______________________________
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department,
and City Attorney.
By:____________________________ Dated:________________________________
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