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HomeMy WebLinkAboutAgenda Report - November 6, 1985 PH (4)_ VE m an C HEARINGS APPEAL OF RONALD Notice thereof having beer_ published according to B. THOMAS OF THE law, an affidavit of which publication is on file PLANNING in the office of the City Clerk, Mayor Hinchtman CaMMISSION'S called for the Public Hearing to consider CONDITIONAL the appeal of Mr. Ronald B. Thomas, c/o R. Thomas APPROVAL OF THE Development Company, P. O. Box B-28, Lodi, REVISED TENTATIVE California, of the Planning Commission's MAP OF THE conditional approval of the Revised Tentative JOHNSON- Map of the Johnson -Tandy Subdivision dated TANDY June 1985 - SUBDIVISION DATED JUNE 1985 Council was apprised that at its meeting of Monday, September 23, 1985, the Lodi City Planning Commission approved the Revised Tentative Map of the Johnson -Tandy Ranch Subdivision, dated June, 1985. The revised map substituted single-family lots for much of the cluster homes area along Century Boulevard. Ronald B. Thomas, on behalf of the Johnson Ranch, a General Partnership, has appealed condition 13 of the Commission's approval which reads: "That the alignment of Century Boulevard be modified to conform to the requirements of the Century Boulevard -Cherokee Lane intersection with the design of said intersection approved by the California State Department of Transportation and with the intersection construction being the responsibility of the developer." The Johnson Ranch, General Partnership believes the Century -Cherokee construction is the City's responsibility. Diagrams of the subject area and additional information was provided by Public Works Director Ronsko, who responded to questions regarding the matter as were posed by the Council. Mr. Ronald B. Thomas, c/o R. Thomas Development Company, P. O. Box B-28, Lodi, California spoke on _behalf of the appeal. On motion of Council Member Snider, Hinchmman second, Council directed Staff to develop alternates for the City's participation in the construction of the subject intersection and for staff to bring back these alternatives for Council's review at the earliest convenient date, The Public Hearing will be continued at that time. The motion carried by unanimous vote of all Council Me ers present. TO: THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE UNCIL CODIMUNICATIQ" DATE October 29, 1985 SUBJECT: THOMAS APPEAL - PLANNING COMMISSION'S APPROVAL-JOHNSON-TANDY SUED. BACKGROUND: At it meeting of Monday, September 23, 1985, the Loi City Planning Commission approved the Revised Tentative Map of the Johnson -Tandy Ranch Subdivision, dated June, 1985. The Revised Map substituted single-family lots for much of the cluster homes area along Century Boulevard. Ronald B. Thomas, on behalf of Johnson Ranch, a General Partnership, has appealed condition No. 13 of the Commission's approval which reads: "That the alignment of Century Boulevard be modified to conform to the requirements of the Century Boulevard -Cherokee Lane intersection with the design of said intersection approved by the California State Department of Transportation and with the intersection construction being the responsibility of the developer." The Johnson Ranch, General Partnership believes the Century - Cherokee Construction is the City's responsibility 1 J MES B. SCHROE ER ommunity Development Director CC/TXTD.015 NO. W NOTICE OF PUBLIC HEARING BY Tf�' CITY COUNCIL OF THE CITY OF LODI TO CONSIDER THE APPEAL OF MR. RONALD B. THOMAS, C/O R. THOMAS DEVELOPMENT COMPANY, P. O. BOX B-28, LODI, CALIFORNIA, OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF THE REVISED TENTATIVE MAP OF THE JOHNSON-TANDY SUBDIVISION DATED JUNE 1985 NO'PICE IS HEREBY GIVEN that on Wednesday, November 6, 1985, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the Council Chambers, City Hall, 221 West Pine Street, Lodi, California, to consider Uie appeal of Mr. Ronald B. Thoms, c/o R. Thomas Developnezt Company, P. O. Box B-28, Lodi, California, of the Planning Commission's conditional approval of the Revised Tentative Map of the Johnson -Tandy Subdivision dated June 1985 as it pertains to the condition that the alignment of Century Boulevard be modified to conform to the requirements of the Century Boulevard - Cherokee Lane intersection with the design of said intersection to be on the approval of the California State Department of Transportation and with the intersection construction being the responsibility of the developer. Information regarding this item may be obtained in the office of the Ccnmunity Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views either for or against the abuv�e proposal. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. If you challenge the subject matter in court you may be limited to raising only these issues you or scire-one else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street at, or prior to, the Public Hearing. By Order of the Lodi City Council Alice M. Reimche City Clerk Dated: October 16, 1985 October 2, 1985(, (, Ms. Alice Reimche, City Clerk City of Lodi 1:.. 221 W. Pine St. Lodi, CA 95240 Re: Item 13 of Planning Commission conditions of approval of Johnson -Tandy Tentative Map (copy attached). Dear Alice: we wish to appeal the above referenced condition relative to the require- ment that the developer pay the cost of design and construction of the Century Blvd./Cherokee Lane Frontage Road/Freeway 99 On Ramp Intersection. It is our feeling that since this intersection serves a much greater public need than just the Johnson Ranch Subdivision, the City has most, if not all, of the financial responsibility to redesign and construct this intersection. The facts upon which we've based our opinion are as follows: (1) The alignment of Century Blvd. was set by the City and, until now, has not had a specific design plan upon which to base cost estimates and/or the development plan of the adjacent property. Had the design been studied and the alignment been moved to our southerly property line, the intersection in question would have been simplified and the development plan of Johnson Ranch more desireable. In addition, the 80-100 foot right of way required for Century Blvd. comes entirely from Johnson Ranch property rather than sharing the burden between properties that a more southerly alignment would have accomplished. (2) Century Blvd. is designed as a major east west collector street that will run through Lodi from Cherokee Lane to Lower Sacramento Road. It is obviously not just a street to be used by the Johnson Ranch Subdivision. Likewise, the Century Blvd./Cherokee Lane Frontage Road intersection will serve all of Lodi as it will include the exist- ing Freeway 99 On Ramp. (3) The present Cherokee Lane Frontage Road/Freeway 99 On Ramp intersec- tion is located entirely on City of Lodi property. We have been made aware of the above .referenced recommendation and/or condition at numerous meetings held on this property over the past five years. We did not choose to appeal this condition before, because, as you know, the property has been under litigation until this year and, therefore, undevelopeable until now. To date we have provided engineering and have worked with the City to achieve an acceptable design that both the City and the State will approve. Me. Alice Reimche, City Clerk Page 2 October 2, 1985 Please know that we will continue to work with the City to successfully resolve this intersection problem, however, we would appreciate your consid- eration of our request for a fair determination of responsibilities in this matter. Sincerely, JOHNSON RANCH By` - R nald B. Thomas RHT/dl encl. cc-: Mr. Bruce Campora Mr. Russ Munson CITY COUNCIL DAVID M. HINCHMAN, Mayor FRED M.REID. Mayor Pro Tempore EVELYN M. OLSON JAMES W. PINKERTON, Jr. )OfiN R. (Randy) SNIDER CITY OF LODI CITY HALL, 221 WEST PINE STREET CALL BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 September 27, 1985 THOMAS A. PETERSON City Manager ALICE M. REtMCHE City Clerk RONALD M. STEIN City Attorney Mr. Ronald B. Thomas c/o R. Thomas Development Co. P. d. Box B-28 Lodi, CA 95241 Dear Ron: RE: Revised Tentative Map - Johnson -Tandy Subdivision File No.: 85 S 004 At its meeting of Monday, September 23, 1985 the Lodi City Planning Commission approved your request on behalf of Johnson Ranch, a General Partnership for the approval of the Revised Tentative Map of the Johnson -Tandy Subdivision dated June 1985. The Planning Commission's approval is subject to the following conditions: ll all off-site utilities and street 1, that the developer insta improvements; 2, that engineered improvement plans be prepared for all public improvements prior to Final Map filing; 3, that public utility easements as required by the various utility companies and the City of Lodi be dedicated; 4. that the developer pay all appropriate fees in affect at time of map filing or issuance of Building Permit and enter into all applicable agreements; 5, that existing wells and septic tanks be abandoned in requirements and their locations shown conformance with City on the Final Map; 6, that the developer provide a master plan for all utilities dditional units; before filing maps on a S Mr. Ronald B. Thomas September 17, 1985 Page 2 7. that the Century Boulevard alignment at Cherokee Lane be resolved prior to the filing of any Final Map containing Century Boulevard frontage; 8. that no vehicular access be permitted to Century Boulevard from any parcel or lot havingaccess to other streets except cluster home parcel (lot 167and that the driveways to Lot 167 be specifically approved by the Public Works Department; 9. that the driveways for the commercial parcels be specifically approved by the Public Works Director; 10. that the Final Map show the City acquiring abutters rights on all reverse frontage lots; 11. that fencing be installed to the approval of the Public Works Department; 12. that sight distance easements be provided in locations specified by the Public Works Department; and 13. that the alignment of Century Boulevard be modified to conform to the requirements of the Century Boulevard - Cherokee Lane intersection with the design of said intersection of the approval of the California State Department of Transportation and with the intersection construction being the responsibility of the developer. Sincerely, JAMES B. SCHROEDER Community Development Director cc: Baumbach and Piazza Le m J� ( ki gt' 5 � t i MBAGH & PIAZZA ENGINE ERB I=yoRS 3123 W. ISLM 8T. 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