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HomeMy WebLinkAboutApril 1, 2004 P&Z MinutesMeridian Planning & Zoning April 1, 2004 Page 2 of 89 Zaremba: Mr. Chairman, I did not find minutes for February 5th. I would move that we remove that item from the Consent Agenda. Borup: Is that the same for everyone else? Rohm: Yes. Borup: Okay. All right. Item 5 removed. Zaremba: Remove Item A from our Consent Agenda. Borup: Do we have a motion? Rohm: Second. Borup: Okay. All in favor? MOTION CARRIED: ALL AYES. Borup: Do we have a motion on the Consent Agenda? Zaremba: Mr. Chairman, I move we approve the Consent Agenda consisting of Items B and C. Moe: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 4: Recommendation: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Taylor Subdivision by Larry and Becky Palmer -west of North Meridian Road and north of West Franklin Road: Borup: Okay. We do have -- our first two items -- well, let's just take them one at a time, I guess. The first is an easement vacation, VAC 04-001. This is not a Public Hearing, but it will be a recommendation from P&Z. So, I'd like to go ahead and continue with the staff report. Siddoway: Thank you, Mr. Chairman, Members of the Commission. The location of the subject easement is on these three existing lots that are on -- this is Meridian Road and this is Franklin, so we are north of Franklin. The red parcel here is Napa Auto Parts and there is currently a sewer easement that comes off of Meridian Road and crosses these three parcels at a diagonal roughly in this area. The applicant desires to vacate that sewer easement. The easement is no longer needed. Staff has verified that no other users tie into it upstream and that the sewer in that location is only used by those Meridian Planning & Zoning April 1, 2004 Page 3 of 89 parcels. At one time it did serve also the Napa Auto Parts Store, but they now tie in directly to the sewer main in Meridian Road and do not use that easement. The applicant wishes to redevelop the property when it is vacated. His application would be a permitted use in the zone, I believe, so he is going through the vacation now and, then, will submit for a certificate of zoning compliance at a later date. Staff does recommend approval of the vacation. There is only one condition of approval and that's that they submit evidence that the vacation has been approved by all applicable agencies before we issue the certificate of zoning compliance and with that I'll stand for any questions. Borup: Questions from any Commissioners? Zaremba: I have one question that probably, actually, goes to Bruce, but I'm not sure. I don't know if it makes a difference, but it wasn't clear to me whether there is actually a pipe in the ground under this easement and if that's being abandoned or they are going to hook into it otherwise or could somebody later be digging it up not knowing there is a pipe there and -- Freckleton: Mr. Chair, Commissioner Zaremba, there is currently a pipe in the ground. When the Napa Store went in, the sewer used to come across and go right on through and Napa, in their site development, ran new sewer service out to Meridian Road and basically cut it off at this location. With the redevelopment of this parcel or these parcels, their proposal is to run new service lines out to Meridian Road and do away with the line that bisects the parcels, so it will be abandoned. Zaremba: My question is, then, where that pipe -- where the existing pipe connects with the city's main line, probably out in the street, does that need to be capped off sometime, so there is not a future risk of breach? Freckleton: Their proposal is to use the existing eight-inch line where it enters their property and that's where they would connect up to. Zaremba: Okay. So, that solves the -- Freckleton: Yeah. Zaremba: All right. Thank you. Freckleton: You bet. Borup: Okay. If no other questions, again, we just need a motion for a recommendation. Zaremba: Mr. Chairman, I would move that we forward to the City Council recommending approval of VAC 04-001, request for a vacation of sewer easement on Meridian Planning 82oning April 1, 2004 Page 4 of 89 Lots 13 and 14 of Taylor Subdivision by Larry and Becky Palmer, west of North Meridian Road and north of West Franklin Road. Moe: Second. Zaremba: I'm sorry. To include all staff comments of their memo for the hearing date of April 1st, 2004, received by the City Clerk March 26, 2004. Moe: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 5: Recommendation: VAC 04-002 Request for a Vacation of easements for Lots 2 & 3, Block 1; Lots 3 & 4, Block 1; Lots 1 & 2, Block 2; and Lots 4 & 5 Block 2 for Scottsdale Subdivision by Landmark Engineering & Planning, Inc. -south of West Franklin Road and east of South Linder Road: Borup: Next item is, really, the same thing, VAC 04-002, request for vacation of easements of Lots 2 and 3, Block 1, Lots 3 and 4, Block 1, and Lots 1 and 2, Block 2, and Lots 4 and 5, Block 2 in Scottsdale Subdivision. Again, we'd like to start with the staff report. Powell: Chairman Borup, Members of the Planning and Zoning Commission, you will have to forgive me, I had agreed to take this over for Brad and forgot until about two minutes ago, so, hopefully, we can puzzle through this with Bruce's help. This vacation of an easement is located off of Franklin near 8th. I believe this is Alden Street that traverses through. This was originally platted as a commercial subdivision and, then, they re-subdivided it as a residential subdivision. When the re-subdivision went through, they failed to account for the easements on the commercial subdivision, so we are having to go back and vacate those appropriate easements from the commercial subdivision and I think Brad has detailed those pretty well. They are five foot public utilities drainage and irrigation easements and also there is a couple 12 foot public utility easements and, then, the 20 foot landscape buffer easements, which are no longer appropriate, because there is not a change in use that's -- it's gone to a residential use. So, we have received relinquishments on all those easements, meaning that there aren't facilities in there, and I'm looking at Bruce for verification. Yes. He's nodding. So, these are -- the only reason it's coming to you is because it was created through the plat process and it needs to be vacated through the plat process as well, so it needs your recommendation to the City Council. Staff is suggesting that you -- or recommending that you do recommend approval. Borup: Any other questions from the Commissioners?