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HomeMy WebLinkAboutSalisbury No. 2 VACVAC 04-004 MERIDIAN PLANNING & ZONING MEETING July 29, 2004 APPLICANT Woodside Properties, LLC ITEM NO. 4 REQUEST Recommendation -Request for a Vacation of a 20 foot strip of property, extending from the Cresson Leteral north approximately 810 feet for Salisbury Subdivision No. 2 -west of North Meridian Road and south side of West Ustick Road AGENCY CITY 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: S fefl Contacted Emailed: from B & A COMMENTS See attached Staff Comments ~1.~ OlM VY1kn`1 CN Provr~.~ ~/v No Comment No Comment See attached Comments Date: ~ -~ ~ -l~~ Phone: Staff Initials: l~ Maferids presented of public meetlngs shall become properly of the Cly of Meridian. ~o~S~~ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Kei[h Bird William L.M. Nary Shaun Wardle Charles M. Rountree STAFF REPORT: CITY HALL (208) 888-4433 - Faz 887-0813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 -Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 -FAX 466-4405 Transmittal Date: July 22, 2004 P&Z Meeting Date: July 29, 2004 To: Ma or Cit Council and Plannin & Zonin Commission __. Y ~ Y g g ~{, From: Brad Hawkins-Clark, Principal City Planner ~ ~+-~ ~ L ~~ Bruce Freckleton, Engineering Tech III ~ 1UL 2 2 2U04 Re: Salisbury Subdivision No. 2 -Vacation City Of Meridian City Clerk Office • Vacation of 20 Foot Strip of Property Extending from Creason Lateral North Approximately 810 feet, by Woodside Properties, LLC (File No. VAC-04- 004) We have reviewed the aforementioned applications and now offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Woodside Properties, LLC, is requesting the City of Meridian's consent to vacate a 20-foot wide strip of public right-of--way located immediately west of the proposed Salisbury Subdivision No. 2. The existing right-of--way, named Venable Lane (private road), extends from Ustick Road approximately 1,800 feet to the south, where it terminates at the South Slough Drain (Creason Lateral). The proposal is to vacate the southern portion of this right-of--way (approximately 815 feet). The northern 990 feet ofright-of--way would remain public (for the time being). (Note: The application cover sheet describes the strip as "approximately 1,650 feet to Creason Slough." However, the survey map shows the actual distance as 815 feet.) If the City of Meridian recommends approval of the vacation to ACRD, the applicant is requesting that ACRD exchange the Venableright-of--way for future, local street right-of--way within the boundaries of proposed Salisbury Subdivision No. 2. As noted in the applicant's cover letter, the COMPASS 2025 Functional Classification System Map identifies Venable Lane as a future mid-mile urban collector. The 2002 Comprehensive Plan also shows this section of Venable as a collector (pg. 74). This issue was discussed at length during the public hearings for Salisbury Subdivision No. 2 preliminary plat (File #PP-03- 042) and in the staff report. Both City of Meridian and ACHD staff have had several discussions with the applicant about the future classification and function of Venable Lane. The P&Z Planning & Zoning Commission/Mayor & City Council July 29, 2004 (Meeting Date) Page 2 Commission recommended approval of the Salisbury preliminary plat without a stub street to the west and supported a future vacation of the lane. The public right-of--way that is proposed to be vacated is adjacent to a separate, privately-owned 20-foot wide strip of land to the west (Ada County Parcel No. S1201244708). This western 20 feet is not a part of the subject application. A portion of the Flack Drain channel and its easement lie within this private strip. Mr. Wood states in his cover letter that aningress/egress easement will be granted to the Simunich's (property owner to the west) to provide Ustick Road access until such time as new access roads are provided to his seven (7) acre parcel across from Salisbury No. 2. No other existing or future homes would take access off Venable Lane. The subject right-of--way is not currently within Meridian city limits. Idaho Code 50-1330, Jurisdiction of Public Streets and Public Rights of Way Within a Highway District, states that "when a public street or public right of way lies within one (1) mile of a city, or the established county/city impact azea or adjacent to a platted azea within one (1) mile of a city or the established county/city impact area, consent of the city council of the affected city shall be necessary prior to the granting of acceptance or vacation of said public street or public right of way by the highway district board of commissioners." This is the reason the applicant is processing the application with Meridian. Staff is recommending approval of VAC-04-004, with the comments provided below. SURROUNDING USES North: Undeveloped pazcels, zoned RUT (Ada Co.). West: A 20-foot wide parcel under private ownership for ingress/egress and containing portions of the Flack Drain; Agriculture/pasture land, zoned RUT (Ada County) East: Proposed Salisbury Subdivision No. 2 (proposed R-8 zone); Salisbury Lane, Lansbury Subdivision and Clearbrook Estates Subdivision (not built), zoned R-4. South: South Slough and Waterbury Park Subdivision, zoned R-4 OWNER OF RECORD The owner of record of the right-of--way to be vacated is the Ada County Highway District (see Instrument No. 24269, 1905, in the application). Woodside Properties, LLC, Jeffrey Wood, the abutting property owner, has submitted the request for the proposed vacation. SPECIAL CONSIDERATIONS 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. VAC-04-004 Salisbury 2-Vauable.VAC.dec Planning & Zoning Commission/Mayor & City Council July 29, 2004 (Meeting Date) Page 3 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. Staff does not anticipate that any utilities are located within the right-of--way because it is unopened and has never been developed for public access. See Condition below. Reasons to Support Vacation: Staff believes that vacating the proposed right-of--way would be in the City's best interest for three (3) main reasons: a) Sub-Standard Width: The 20-foot width is below the minimum right-of--way that ACRD will accept for public street improvements. ACHD has stated that, even if the private, 20 foot parcel to the west was incorporated with the subject right-of- way, they would likely not accept the dedication. b) Lack of Connectivity: Venable Lane has no ability to ever extend south of the South Slough since Waterbury Park did not construct a stub street. c) Flack Drain: A portion of the Flack Drain channel and its associated irrigation easement encroach into the western 20-foot strip, making it virtually impossible to construct a public street between Salisbury No. 2 and the drain. CONDITION OF APPROVAL 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. RECOMMENDATION Staff recommends approval of the requested vacation of approximately 815 feet ofright-of--way. VAC-04004 Salisbury 2-Vaaable.VAC.doc N 1 /4 Cor. sec. 1 v - - T o II I~ I ;I vi w 11 Z II I o i w m Z~~ 13 M I O DCD # 10DD6B981 ~ y Flack Drain Easement of I Ustick Road °' S89'2D'40"E ~ - ~I 20.00' u~ 0 Quit Claim Deed Instrument No. 98015573 Ouit Claim Deed 20.00 foot wide rood easement II Instr. No. 8653458 ~I I~ io ifl ~ QI~ W ~I _ _ I/ 3 A Portion of the =" I n E 1/2 of the SE i/4 of the NW 1/4 PII~ o I zII~ _ - Worranty Deed Instr. No. 875439fi ~ ~ ~ \ Flack Drain Easement ~ ~ ~ Quit Claim Deed Instr. No. 8653460 ©uit Claim Deed Instr. No. 8903706 I - - _ - - - -_ - - - ~ ~ I of Cresson Lateral ~a`t ~9\ !r W ` `~9`iio` 5I - _ 2D.85' ` ~ ~ fore ~ k N73'26'S9°W ~ ~ ~e~` \ °~ Waterbury Park Subdivision No. 5 Book 73 Page 7507 Waterbury Park Subdivision No. 4 Book fib Page 6862 I RECEIVED JUL 2 2 2~4 City of Meridian r~ - y r~ City Clem Office ,(.R6yl~L~ o[ I/~lf~GR~L _/r~ZG4Z L/CO~LLC~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 William G. Berg Jr. City Clerk City of Meridian 3 a~A'we. Meridian, ID 83642 RE: VAC 04-004/Salisbury Subdivision No. 2 Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Vacation of a twenty (20)-foot strip of property extending from Creason Lateral north approximately eight hundred (800) and ten feet to Salisbury Subdivision No. 2. Nampa & Meridian Irrigation District's Finch Lateral and Creason Lateral course through and meet in this area. These easements must be protected. Also the Flack Drain flows southward from Ustick Road. This drain is piped in the area. This easement must also be protected. Tph~ank~yo~u~, B'11H~~' Asst. Water Superintendent Nampa & Meridian Imgation District BH/dbg C: Water Superintendent File - Of'fice/Shop 20 July, 2004