HomeMy WebLinkAboutTroutner Business Park VAC
ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04116104 09:08 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
City Of Meridian
~AMOUNT ,00
11
1111111111111111111111111111111111111
104045309
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR)
V ACA TION OF A PORTION OF PENNWOOD)
STREET RIGHT-OF-WAY AND3RD AVENUE)
FOR TROUTNER BUSINESS PARK )
DEVELOPMENT CORPORATION )
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TROUTNER BUSINESS PARK
DEVELOPMENT CORPORATION,
APPLICANT.
C/C 01/20/04
Revised 02 /09/04
CASE NO. V AC-O3-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
This matter coming on regularly before the City Council at its regular meeting held on
January 20, 2004, at the hour of7;OO p.m., and Brad Hawkins-Clark Planner III for the Planning
and Zoning Department, and Ryan Adelman, appeared and testified at the hearing, and the
Council having received the record from the Planning and Zoning Commission and its
recommendations to the City Council, and no objection having been received makes the
following Findings of Fact and Decision and Order.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-O3-007
PAGEl OF 11
1.
Easements shall be vacated in the same manner as streets. {LC. § 50-l325}.
2.
The vacation of easements were accepted as part of a platted subdivision shall be
vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {LC. § 40-
203 (6)}.
3.
Any person, firm, association, corporation or other legally recognized form of
business desiring to vacate a part of a plat which is inside the boundaries of any
City must petition the City Council to vacate. Any person, persons, finn,
. association, corporation or other legally recognized form of business desiring to
vacate a plat or any part thereof which is inside or within one (1) mile of the
boundaries of any city must petition the city council to vacate. Such petition shall
set forth particular circumstances of the requests to vacate; contain a legal
description of the platted area or property to be vacated; the names of the persons
affected thereby, and said petition shall be filed with the city clerk. Written notice
of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property
owners within three hundred feet (300') of the boundaries of the area described in
the petition. Such notice of public hearing shall also be published once a week for
two (2) successive weeks in the official newspaper of the city, the last of which
shall be not less than seven (7) days prior to the date of said hearing; provided,
however, that in a proceeding as to the vacation of all or a portion of a cemetery
plat where there has been no intennent, or in the case of a cemetery being within
three hundred feet (300') of another plat for which a vacation is sought,
publication of the notice of hearing shall be the only required notice as to the
property owners in the cemetery. When the procedures set forth herein have been
fulfilled, the city council may grant the request to vacate with such restrictions as
they deem necessary in the public interest. In the case of easements granted for
gas, sewer, water, telephone, cable television, power, drainage, and slope
purposes, public notice of intent to vacate is not required. Vacation of these
easements shall occur upon the recording of the new or amended plat, provided
that all affected easement holders have been notified by certified mail, return
receipt requested, of the proposed vacation and have agreed to the same in
writing. {LC. § 50-1306A (1), (2), (3) and (5)}
4.
Pursuant to Meridian City Code §§ 12-10-1 A and Band 12-10-2 A and Bit.
provides as follows;
12-10-1
APPLICATION PROCEDURE:
1.
Application: Aný property owner desiring to vacate an existing subdivision,
public right of way or easement shall complete and file an application with the
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-O3-007
PAGE 2 OF 11
2.
Administrator. These provisions shall not apply to the widening of any street
which is shown on this Comprehensive Development Plan, or the dedication of
streets, rights of way or easements to be shown on a recorded subdivision.
Administrator Action: Upon receipt of the completed application, the
Administrator shall affix the date of application acceptance thereon. The
Administrator shall place the application on the agenda for consideration at the
next regular meeting of the Commission which is held not less than fifteen (15)
days after said date of acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
A.
Commission Recommendation; The Commission shall review the request and all
agency responses and make a recommendation to the Council for either an
approval, conditional approval, or denial.
2.
Council Action:
I. Hearing; Notice: When considering an application for vacation procedures, the
Council shall establish a date for a public hearing and give such public notice as
required by law. The Council may approve, deny or modify the application.
Whenever public rights-of-way or lands are vacated, the Council shall provide
adjacent property owners with a quit-claim deed for the vacated rights of way in
such proportions as are prescribed by law.
2. Street Improvements; Bond: When considering an application for dedication
procedures, the Council may approve, deny or modify the application. When a
dedication is approved, the required street improvements shall be constructed or a
bond furnished assuring the construction, prior to acceptance of the dedication.
To complete the acceptance of any dedication ofland, the owner shall furnish to
the Council a deed describing and conveying such lands to be recorded with the
County Recorder.
FINDINGS OF FACT
1.
Troutner BusinessPark Development Corporation (Mary Ballantyne-President)
filed a petition for the vacation of six parcels of right-of-way located
approximately 200 feet south of Franklin Road and approximately 500 feet west
of Meridian Road, and all of the platted right-of-way known as Southwest 3'd
A venue for Troutner Business Park, Meridian, Idaho, and which all of the parcels
were platted with Troutner Business Park Subdivision No.1 in 1997, and lie
within Township 3 North, Range 1 West, Section 13 of the Boise Meridian, Ada
Findings of Fact and Conclusions of Lawand Order
of Vacation for Troutner Business Park - V AC-O3-007
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County, Idaho. Four parcels proposed for vacation lie along the north and south
boundaries of the Pennwood Street right-of-way. The Pennwood Street parcels
are all 3 feet wide, and approximately 420 feet long (east of3'" Avenue) and 290
feet long (west of3'" Avenue). The other two parcels proposed for vacation are all
of the platted right-of-way known as Southwest 3'" Avenue. Third Avenue was
platted 60 feet wide, and approximately 980 feet long. Together, the parcels total
approximately 61,610 square feet or 1.42 acres, more or less. The applicant is
requesting the vacation of six feet (three feet on each side) of Penn wood Street
because ACHD required right-of-way for a commercial street has changed from
60 feet to 54 feet and the 6 feet will be incorporated into a new preliminary plat
(Troutner Business Park Subdivision No.2, PP-O3-034). In addition to the
Pennwood Street right-of-way, the applicant is requesting vacation approval for
all of the platted right-of-way for 3'd Avenue. The applicant claims that extending
3'd A venue to the south as a stub street will interfere with the adjacent property
owner because Corporate Drive is also platted for extension adjacent to that site.
The portion of3'" Avenue, north of Penn wood Street, is proposed for vacation
because the two buildable lots that were platted on either side of 3'" Avenue are
proposed to be one buildable lot for an R.V. Park. The applicant is concurrently
proposing to re-plat the subject right-of-way for Pennwood Street and 3'd Avenue
within the proposed Troutner Business Park Subdivision No.2 (PP-03-034). The
legal description of the vacation of Troutner Park Subdivision, is the subject of
this petition, is:
Lee:al Description
Troutner Park Subdivision No.2
Right-or-Way Vacation for 3'. Street and a portion ofW. Pennwood Street
December 16, 2003
Four parcels ofland all in the Northeast)<í of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho and more particularly described as follows:
All of3'" Street Right-of -Way on the north side ofW. Pennwood Street as shown on the
Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
AND
All of 3'" Street Right-of-Way on the south side ofW. Pennwood Street as shown on the Troutner
Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-O3-007
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AND
The northerly 3.00 feet of the easterly 794.81 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
AND
The southerly 3.00 feet of the easterly 790.68 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
The area contained on the four parcels described above is 1.42 Acres.
2.
The particular circumstances of the requested vacation is:
The vacation of six parcels of right-of-way located approximately 200 feet south
of Franklin Road and approximately 500 feet west of Meridian Road, and all of
the platted right-of-way known as Southwest 3m Avenue for Troutner Business
Park, Meridian, Idaho, and which all of the parcels were platted with Troutner
Business Park Subdivision No.1 in 1997, and lie within Township 3 North,
Range 1 West, Section 13 of the Boise Meridian, Ada County, Idaho, the
applicant desires to have vacated. Four parcels proposed for vacation lie along the
north and south boundaries of the Pennwood Street right-of-way. The Pennwood
Street parcels are all 3 feet wide, and approximately 420 feet long (east of 3'"
Avenue) and 290 feet long (west of3m Avenue). The other two parcels proposed
for vacation are all of the platted right-of-way known as Southwest 3'" Avenue.
Third Avenue was platted 60 feet wide, and approximately 980 feet long.
Together, the parcels total approximately 61,610 square feet or 1.42 acres, more
or less. The applicant is requesting the vacation of six feet (three feet on each
side) of Penn wood Street because ACHD required right-of-way for a commercial
street has changed from 60 feet to 54 feet and the 6 feet will be incorporated into a
new preliminary plat (Troutner Business Park Subdivision No.2, PP-O3-034). In
addition to the Pennwood Street right-of-way, the applicant is requesting vacation
approval for all of the platted right-of-way for 3m Avenue. The applicant claims
that extending 3'" Avenue to the south as a stub street will interfere with the
adjacent property owner because Corporate Drive is also platted for extension
adjacent to that site. The portion of 3m Avenue, north of Pennwood Street, is
proposed for vacation because the two buildable lots that were platted on either
side of 3m Avenue are proposed to be one buildable lot for an R.V. Park. The
applicant is concurrently proposing to re-plat the subject right-of-way for
Pennwood Street and 3m Avenue within the proposed Troutner Business Park
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-O3-007
PAGES OF 11
Subdivision No.2 (PP-03-034)..
3.
The applicant shall obtain approval of the requested vacation from the Ada
County Highway District and any other applicable public utility, agency, or
authority.
4.
Written notice of the public hearing of this petition was given by certified mail
with return receipt at least ten (10) days prior to the date of the public hearing to
all property owners within three hundred feet (300') of the boundaries of the area
described in the petition, and such notice was also published mice a week for two
(2) successive weeks in the Idaho Statesman with the last publication which was
not less than seven (7) days prior to the hearing.
5.
All publication costs have been paid by the petitioner.
6.
The subject properties are located approximately 200 feet south of Franklin Road
and approximately 500 feet west of Meridian Road, within Section 13, Township
3 North, Range I West.
7.
The owner of record of the right-of-way is the Ada County Highway District.
8.
The Applicant, Troutner Business Park Development Corporation, Mary
Ballantyne, President, the abutting property owner, has submitted the request for
the proposed vacations.
9.
The Recommendations and/or conditions pertaining to the vacation that the
applicant shall be required to follow, are as follows to-wit:
A.
Adopt the Recommendations of the Planning and Zoning Commission as
follows:
1.
Delete special consideration #3 on page 2 of the submitted staff report.
B.
Adopt the Recommendations of the Planning and Zoning and Engineering
staff as follows:
1. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10,
requires the Planning & Zoning Commission to review and make a
recommendation on Vacation applications. A public hearing is then required
before the City Council.
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-O3-007
PAGE 6 OF 11
State statute requires an easement vacation be filed when an irrigation
easement is involved.
2. Utilities: The Applicant should provide verification and testimony at the
public hearing whether or not the right-of-way contains any utilities. It is not
anticipated that any utilities are located within the right-of-way because it is
unopened and has never been developed for public access.
3. Prior to issuance of a building pennit, or signature of a Final Plat on the
subject properties, the Applicant shall submit evidence that the right-of-way
requested for vacation, and any public utilities, has been approved by all
required agencies and authorities.
C.
Adopt the Recommendations and/or action of the City Council taken at
their January 20, 2004 meeting as follows:
For clarification:
1.
The reduced width of Penn wood Street is approved. Vacation of
Third Street north of Penn wood is approved. Vacation of Third
Street south of Penn wood is approved, with the condition that a
stub street from Pennwood, to the south, be provided with a future
plat.
DECISION AND ORDER OF V ACA TION
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF
FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council
does hereby ORDER and this does ORDER that:
1. The following is the legal description of the vacation of Troutner Park
Subdivision, and hereby consents to the vacation:
Legal Description
Troutner Park Subdivision No.2
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-O3-007
PAGE 7 OF 11
Right-of"Way Vacation for 3'" Street and a portion ofW. Pennwood Street
December 16,2003
Four parcels ofland all in the Northeast )<í of Section 13, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho and more particularly described as follows:
All of 3m Street Right-of -Way on the north side ofW. Pennwood Street as shown on the
Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
AND
All of3'" Street Rightof-Way on the south side ofW. Pennwood Street as shown on the Troutner
Park Subdivision recorded as Instrument No. 97099111 in the Ada County Records.
AND
The northerly 3.00 feet of the easterly 794.81 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
AND
The southerly 3.00 feet of the easterly 790.68 feet ofW. Pennwood Street Right-of-Way as
shown on the Troutner Park Subdivision recorded as Instrument No. 97099111 in the Ada
County Records.
The area contained on the four parcels described above is 1.42 Acres.
2.
The petition for vacation of three feet of ACHD right-of-way on each side of
Pennwood Street for Troutner Business Park Subdivision No.2, is hereby granted
as long as the following recommendations and/or conditions are follows;
The Recommendations and/or conditions pertaining to the vacation that the
applicant shall be required to follow, are as follows to-wit:
A.
Adopt the Recommendations of the Planning and Zoning Commission as
follows:
1.
Delete special consideration #3 on page 2 of the submitted staff
report.
B.
Adopt the Recommendations of the Planning and Zoning and Engineering
staff as follows:
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE80FIl
1. Process: The Subdivision and Development Ordinance (Title
12), Chapter 10, requires the Planning & Zoning Commission to review
and make a recommendation on Vacation applications. A public hearing is
then required before the City Council.
State statute requires an easement vacation be filed when an irrigation
easement is involved.
2. Utilities: The Applicant should provide verification and testimony
at the public hearing whether or not the right-of-way contains any utilities.
It is not anticipated that any utilities are located within the right-of-way
because it is unopened and has never been developed for public access.
3. Prior to issuance of a building permit, or signature of a Final Plat
on the subject properties, the Applicant shall submit evidence that the
right-of-way requested for vacation, and any public utilities, has been
approved by all required agencies and authorities.
C.
Adopt the Recommendations and/or action of the City Council taken at
their January 20, 2004 meeting as follows:
For clarification:
1.
The reduced width of Penn wood Street is approved. Vacation of
Third Street north of Penn wood is approved. Vacation of Third
Street south of Penn wood is approved, with the condition that a
stub street from Pennwood, to the south, be provided with a future
plat.
3.
The City Clerk shall cause a copy of this order to be served upon the affected
utility holders, and the petitioner, Public Works, Planning and Zoning
Departments, and the City Attorney's office.
4.
The City Clerk shall cause a certified copy of this order to be recorded with the
Ada County Recorders office.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-Ò3-007
PAGE 9 OF 11
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.
-?Jl.Æ
¡j!y action ofthe City Council at its regular meeting held on the ~ day of
~ , 2004.
,
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
VOTED ~
VOTED fþv
VOTED ~
VOTED
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: .3 - 2-CJ4-
Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 10 OF 11
By:JI~~~ i SL
City Clerk
Attest:
DATED:
STATE OF IDAHO,
: ss.
County of Ada.
On this cZAJ.. day of J114't!, ,2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Findings of Fact and Conclusions of Law and Order
of Vacation for Troutner Business Park - V AC-03-007
PAGE 11 OF 11