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Home My WebLink AboutScottsdale Subdivision VACVAC 04-002 MERIDIAN PLANNING & ZONING MEETING April 1, 2004 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. Jr REQUEST Recommendation -Request for a Vacation of easements for Lo#s 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2 Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision -south of West Franklin Road and east of South Linder Road AGENCY CfTY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: --~ Contacted: fQVYJr~I,~ ~~Z(,F Emailed: COMMENTS See attached staiff comments Q.r eomme~ No Comment .~~~c Date: 3 ~o-~~ YyPlhone: ~-~ ~ ~~ Staff Initials: ~ I v~ C~-m) ~ Materlala presenMd of public meeflngs shall become property Of the Clry of Merldlon. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Tammy de Weerd (208) 466-9272• Fas 466-4405 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS uP~.t, gad 33 EAST IDAHO BUILDING DEPARTMENT w;uiam rnM. Nary (208) 887-2211 ~ Faa 887-1297 MERIDIAN, IDAHO 83642 Shaun Wardle (208) 888-0433 ~ FAX (208) 887-4813 PLANNING AND ZONING Charles Rouatree City Clerk Office Fos (208) SSB-4218 DEPARTMENT (208) 884-5533 ~ FAX 888-6854 STAFF REI'U1iT: Transmittal Date: March 25, 2004 Hearing Date: April 1, 2004 To: Mayor, City Council and Planning & Zoning Commission RE (~ E I VE From: Brad Hawkins-Clark, Principal City Planner -- MAR 2 6 2004 Bruce Freckleton, Assistant to City Engineer ~ City Of Meridian City Clerk Office Re: Scottsdale Villas Subdivision Easement Vacations Request for Vacation of Five Foot (5') Wide and Twelve Foot (12') Wide Public Utilities, Drainage and Irrigation Easements and Twenty Foot (20') Wide LandscapeBuffer Easement in Scottsdale Villas Subdivision, by Landmark Engineering & Planning, Inc., Clint Boyle (File No. YAC-04-002). We have reviewed this submittal oral offer the following comments, as conditions of the Appdiamt. These conditions shall be considered in full, unless expressly mod~ed or deleted by motion of the Meridian City Council: ~~ 1~~11 MS~J -~y1~ ~`s3~ The Applicant, Landmark Engineering & Planning, Inc. (Clint Boyle), has requested the City's consem to vacate several previously platted easements in Scottsdale Subdivision on the south side of W. Franklin Road along SW 8th and Alden Streets. In May 2003, the City ofMeridian approved a re- subdivision of Scottsdale Subdivision (commercial), renamed as Scottsdale Villas Subdivision (residential). During that re-subdivision process, the applicant and stafffailed to address the existing easements of record (for the commercial sub) which would potemially conflict with the new lot configuration (in the residential sub, Scottsdale Villas). Idaho Code 50-1325 requires that all easements created on subdivision plats "shall be vacated in the same manner as streets" and must be approved by the local jurisdictions. Therefore, the applicant is proposing to vacate those easements within Scottsdale Subdivision (commercial) that are in conflict with the new lots and lotting pattern of Scottsdale Villas Subdivision. State statute requires an easement vacation be filed when a landscape or imgation easement is involved. Even though the other types of easemems can be addressed through Letters of Agreement {e.g. drainage, gas, telephone, etc.), the landscape and imgation easements are not specifically exempt under I.C. 50-1306.A and must be formally vacated through the standard process. The Applicant is requesting the vacation of the following existing easements: A. Five Foot (5') Permanent Public Utilities, Drainage and Irrigation Easements, adjacent to: • Lots 2 & 3, Block 1 VAC-04-002 Srnltsdale Sub VacalioaVAC Planning & Zoning Commission/Mayor & City Council April 1, 2004 (P&Z Meeting Date) Page 2 • Lots 3 & 4, Block 1 • Lots 1 & 2, Block 2 • Lots 4 & 5, Block 2 B. Twelve Foot (12') Permanent Public Utilities, Drainage and Irrigation Easements, adjacem to any public street or subdivision boundary. • S.W.8'"Avenue • W. Alden Drive (Note: The Scottsdale Villas Subdivision was approved with a 10-foot wide easement adjacent to any public street or subdivision boundary, so the resulting vacation distance is only two (2) feet.) C. Twenty Foot (20') Landscape/Buffer Easement, adjacent to the following: • Crestwood Estates Subdivision No. 1 Fenway Park Subdivision No. 2 Fenway Park Subdivision No. 3 Franklin Squaze Subdivision Since the City of Meridian has already approved the final plat for Scottsdale Villas Subdivision and its pertinent easements, staff believes this application is largely one of legal necessity, based on both Idaho Code and City of Meridian Title 12. Any related impacts of the new easements and lot lines were addressed as part of the public hearings for Scottsdale Villas Subdivision. We are recommending approval of all of the proposed easements within VAC-04-002. North -Dreamland Daycare, zoned L-O South -Single-family residential, zoned R-4 East -Multi-family residential, zoned R-8 West -Single-family residential, zoned R-4 OWNER OF RECORD The owner of record of the lots on which the proposed easements to be vacated lie is Wolfe Commercial Enterprises, LLC, represented by Graye Wolfe, Member. Mr. Wolfe has submitted a notarized consent for Landmark Engineering & Planning to submit the request for the proposed vacations. SPECIAL CONSIDERATIONS 1. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10, requires the VACA4-002 Scon¢dale Sub Vacetion.VAC Planning & Zoning Commission/Mayor & City Council April 1, 2004 (P&Z Meeting Date) Page 3 Planning & Zoning Commission to review and make a recommendation on Vacation applications. A public hearing is then required before the City Council. 2. Utilities: The Applicant should provide verification and testimony on record at the public hearing whether or not the existing easements contain any utilities. CONDITION OF APPROVAL Prior to issuance of a Certificate of Occupancy on the subject properties (listed in the application form), the Applicant shall submit evidence that the requested vacation has been approved by all required agencies and authorities. RECOMMENDATION Staff recommends approval of application VAC-04-002. VACA4-002 ~ Scorisdale Sub VacetionVAC Planning & Zoning Commission/Mayor & City Council April 1, 2004 (P&Z Meeting Date) Page 4 VAC-04002 Scottsdale Sub Vacelion.VAC Planning & Zoning Commission/Mayor & City Council April 1, 2004 (P&Z Meeting Date) Page 5 ~~~_ .r ~~ VAC-04002 Scottsdale Sub Val VAC MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree ~~ ,~ q, ti Ill.hHO LEGAL DEPARTMENT (208) 4G6-9272 • FAX 4GG-4405 PARKB & RECREATION (208) 888-3579 • Fan 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Paz 887-1297 Keith Bird -~~ ° "° Tgensuae V,v~' sixsE PLANNING & ZONING ',1903 (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: March 25, 2004 Transmittal Date: March 9, 2004 Hearing Date: April 7, 2004 File No.: VAC 04-002 Request: Vacation of easements for Lots 2 8~ 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2 4 & 5 Block 2 for By: Landmark Location of Prooertv or F Inc. east David Zaremba, P/Z (No VAR, VAC, FP) David Moe, P2 (Mo VAR, VAC, FP) Wendy Newton-Huckabay, P/Z (1vo vAR, vac) Michael Rohm, P2 (No VAR, VAC, FP) Keith Bomp, P/Z (No VAR, VAC, FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Sha Wardle, C/C er Department Sewer Department Sanitary Service (No vaR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department ~.i.e.A ~~~,'~' `~-a.<;i MAR 1 1 ~! `', Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP only) Qwest (FPiPP oNy) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP OMy) Idaho Transportation Department (nlo FP) Ade County (Annexation Doty) Ada County Land Records (FP/PP Doty) Meridian Development Corporation Historical Preservation Commission ' ""~ x ~33~1~`AST IDAHO AVE1ViJE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & U[ility Billing Fax (208) 887-4813 Your Concise Remarks: