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Home My WebLink AboutPackard Estates FP 03-038 OrderBEFORE 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 N0.2 SUBDIVISION, LOCATED WEST OF NORTH WINGATE LANE AND SOUTH OF EAST USTICK ROAD, MERIDIAN, IDAHO 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 Apeman, 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) Page I of 5 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 member of people who appeared and testified in this matter, and those names are listed above the first pazagraph. The conditions in question to the recorded final plat dated December 2, 2002, aze numbers 15, 20 and 22, and that possibly these particulaz conditions were not adequately enforced by the City. 4. That the Plannin~u 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 ORDER REGARDING APPLICATION TO REMOVE/ MODIFY FINAL PLAT CONDITIONS / (FP-03-038) Page 2 of 5 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. 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 wncerning the repa'vs 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 vehiculaz 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 ORDER REGARDING APPLICATION TOREMOVE/ MODIFY FINAL PLAT CONDITIONS / (FP-03-038) Page 3 of 5 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." THEREFORE, IT IS HEREBY ORDERED THAT pursuant to action of the City Council taken at their August 12, 2003 meeting that: 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 maybe 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 ORDER REGARDING APPLICATION TOREMOVE/ MODIFY FINAL PLAT CONDITIONS / (FP-03-038) Page 4 of 5 (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code By ar~c""tion of the City Council at its regulaz meeting held on the 2 ~ day of ~2~j ~vw .~.- , 2003. ROBER . CORRIE ,\\1FuA+lE ff„ ~~\~" O ~~ ''~~,,~Mayor, City of Meridian Attest: .`~~v~~ORVOFrgT ,q'L ~''~ Fo ~, ~~~ SEAL y o~ William G. Berg, Jr., City 1 -- 9~ Gc~sr ist . °~ ,ZO~~~~ Copy served upon Applicant, the and City Attorney. artment, Public Works De artmer~~,,,nun,,, iep p \ ''sir U \~~OaPOr~ro y'g F ~~ 3 ~3 SEAL Z:1WorkIMlMaridianlMeridian 15360M\Packarcl Aces Na 2 FP-03-038\OrtIerFP.doc ORDER REGARDING APPLICATION TOREMOVE/ M GCG ,moo 9~ 'Sr 1SS • .r~~~~; ~' `. '~ ~a~N~Y , ~o \\,, MODIFY FINAL PLAT CONDITIONS / (FP-03-038) Page 5 of 5