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Home My WebLink AboutAshford Greens No. 2 VAC V AC 04-005 August 19,2004 MERIDIAN PLANNING & ZONING MEETING APPLICANT Woodside Properties, LLC ITEM NO. 4 REQUEST Recommendation - Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23 for Ashford Greens Subdivision No.2 - east of North Black Cat Road and south of West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Report CITY POLICE DEPT: CITY FIRE DEPT: ~~ A¥'~ ~~G 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: Phone: ~'l í\ .c..tdÜ 0 Contacted: Emailed: Materials presented at pubDc meeflngs shall become propedy of !he CIty of Meridian. MAYOR TammydeWeerd olfe;;dltrn CITY HAlL (208) 888-4433 - Fax 887-4813 CITY COUNCn.. MEMBERS Keith Bird WilliamLM. Nmy Shoun Wardle Charles M. Roun"" PUBUCWORKS BUn..oING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: Tmnsmittal Date: August 16, 2004 P & Z Meeting Date: August 19,2004 To: Planning & Zoning Commission, Mayor and City Council RECEIVED AUG 1 3 2004 From: Craig Hood, Associate City Planner fill c-d Bruce Freckleton, Assistant to City Engineer ~ City Of Meridian City Clerk Office Re: Ashford Greens Subdivision No.2 Easement Vacations Request for Vacation of Five (5), Ten Foot (10') Wide Public Utilities, Drainage and Irrigation Easements in Ashford Greens Subdivision No.2, by Brighton Corporation (File No. VAC-O4-005). We have reviewed this submittal and offer the following comments, as conditions of the Applicant. These conditions shall be considered in full. unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, Brighton Corporation (David Turnbull), has requested the City's consent to vacate previously platted easements in Ashford Greens Subdivision No.2 (Plat Note #3). The subject subdivision is generally located east of Black Cat Road, and south of Us tick Road. The final plat for Ashford Greens Subdivision No.2 was recorded in 1997. The Applicant is requesting the vacation of the easements so that buildings may be constructed over the platted easements. The Applicant intents to construct three houses across four platted lots (Lots 88-91, Block 23) and two houses across three platted lots (Lots 43-45, Block 23). 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. State statute further requires an easement vacation be filed when a landscape or irrigation easement is involved. Even though the other types of easements can be addressed through Letters of Agreement (e.g. drainage, gas, telephone, etc.), the landscape and irrigation easements are not specifically exempt under IC. 50-1306.A, and must be fonnally vacated through the standard process. The Applicant is requesting the vacation of the following existing easements platted with Ashford Greens Subdivision No.2, recorded in Book 75 of Plats at Page 7798 of Ada County Records, and described in Note #3 of said plat: A. Five Foot (5') Pennanent Public Utilities, Irrigation, and Drainage Easement, adjacent to each side of a common lot line: . Lot line common to Lots 90 and 91, Block 23, excepting the 10-feet adjacent to N. V AC-04-O02 Scottsdale Suh Vacatioo.VAC Planning & Zoning Commission/Mayor & City Council April I, 2004 (P&Z Meeting Date) Page 2 Bent GTass Lane . Lot line common to Lots 89 and 90, Block 23, excepting the 10-feet adjacent to N. Bent Grass Lane . Lot line common to Lots 88 and 89, Block 23, excepting the 10-feet adjacent to N. Bent Grass Lane . Lot line common to Lots 43 and 44, Block 23, excepting the lO-feet adjacent to W. Nine Iron Lane . Lot line common to Lots 44 and 45, Block 23, excepting the lO-feet adjacent to W. Nine Iron Lane The Applicant has provided notarized consent ITom the following public utilities: Idaho Power Company, Intermountain Gas Company, Cable-One, Qwest Communications, Meridian Public Works Department (Sewer and Water). Further, the Applicant has submitted a letter ITom the Nampa & Meridian Irrigation District stating that the District has no pressurized or gravity fed irrigation systems in the subject easements, and they have no other comment. SURROUNDING USES North - Single-family residential, zoned R-4 South - Single-family residential, zoned R-4 East - Single-family residential, zoned R-4 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 Brighton Corporation. David Turnbull, a managing member of Brighton Corporation, has submitted a notarized consent for the subject application. SPECIAL CONSIDERATIONS I. 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. CONDITION OF APPROVAL (V AC-O4-00S) I. Prior to issuance of a Certificate of Occupancy on the subject properties (Lots 88-91 and 43- 45, Block 23), the Applicant shall submit evidence that the requested vacation has been approved by all required agencies and authorities (all applicable public utilities, dTainage and irrigation entities). RECOMMENDATION Staff recommends approval of application V AC-04-005, with the condition noted above. VAC-Q4-005 Ashford Greens Sob No.2 Vacatioo. V AC 07/19/2004 08:56 F,U 2088886854 07119/04 07: 24 FAX 208 ~77 8962 MERIDIAN P&Z DEPT. .. City Clerk 141001 ~OOI . --..-+-- BRIGHTON CORPORATION RECEIVE]) JUL 1 9 2004 City Of Meridian City Clerk Office FAX COPER SHEET To: Sonya Meridian City P&Z PH: . 884-5533 FAX: 888-6854 FrOID: Becky Han ks TEL: FAX: 378-4000 377-8962 DATE: Julv 19. 2004 NUMBER OF PAGES (Inclu.dùag tbia slleet): - ~ ...- RE: Ashford Greens- Appliœtion for Vacation Hi Sonya, -" Attached please find the requested Affidavit for Posting Requirements to be inc luded with our Application for Vacation in Ashford Greens. Please let me know ¡fyou require fUrther documentation. . Thank you for your heJp, Becky Hanks 12~O] w. Explorer Drive, Suite 200, Boise, ItLlho 83113 TEL ~08.,378-4000 FAX :zo8-377-3961 JUL 19 '04 09: 16 2088886854 PAGE. 01 07/19/2004 08: 56 FAX 2088886854 07119/04 07: 24 FAX 208 377 8902 IlERIDIAN P&Z DEPT. .. CiTY Clerk ~OO2 ~002 .-, - AFFJDA VIT OF }>OSTING REQtJmEMEms State ofIdaho ) CoWIly of Ada I, Iœb'!CcaA. Hanks, for Brighton Corporation, 12601 W. :&plon:r Drive, Suite 200, Boise, I&ho 83713, being :first duly SI'1OIIllIpon oath, depose and say: Brighton Cozporation is the applicant of the propl:rty described on the attached, and I will post the property not less than ten (10) days prior to the public hearing in accoX'dance with City of Meridian requirements. Da!ed this /t/lv day of \~J.. 2004. 7,TION . By. UÁ/s:1 /k~ ,ßeb A HIQÙ(S SUBSCRIBED .AND SWORN to before2fe ~V~tt~ ~"'""'_~ :~7S ...."'--t'MG.~ N " b!ic~/~o "".Å~ [ :,.~t- ReSJdingat 0(2t... J-Urt.rlÓ l~ ~~.Y' '1 I / æ ~ z +°--, ,,¡ My Commission &:pires: D 3 10 : ...,," ~1 \ þ".. ~... ~.!~ JUL 19 '0409:16 2088886854 PAGE. 02 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500' Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (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: August 12, 2004 Transmittal Date: August 10, 2004 Hearing Date: August 19, 2004 File No.: VAC 04-005 Request: Vacation of side yard utility and irrigation easements on Lots 43-45, and Lots 88-91, Block 23 of Ashford Greens Subdivision No.2 By: Woodside Properties, LLC Location of Property or Project: east of North Black Cat Road and south of West Ustick Road David Zaremba, P/Z (No FP) David Moe, P/Z (NoFP) Wendy Newton-Huckabay, P/Z (No FP) Michael Rohm, P/Z (No FP) Keith Borup, PIZ (No FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAG, FP) Building Department Fire Department Police Department City Attorney ~. Engineer , ity Planner Parks Department Meridian School District (No FP) Meridian Post Office (FPIPP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Inigo District Settlers Irrigation District Idaho Power Co. (FPIPPonly) Qwest (FPIPP on/y) Intermountain Gas (FPIPPonly) Bureau of Reclamation (FPIPPonly) Idaho Transportation Department (NoFP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: ==zr- (I~~4! Æ. ~"1 ~/ð?Mz?ð.¥ 33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 c ( c ... N C- o ;;tJ - ... - í I ¡--L , I 'L ~ ".4Ih?_'~ ...... Þf» .- ir111inhWBY District Ada Count, ¡; John S. Franden, President. David E. Wynkoop 1st Vice Presld.ent Susan S. Eastiake, 2nd ~ice President Sherty R. Huber, Com~lssIoner Dave Bivens, CommissIoner 377S N. {!.dams Stre~ Garden t\~ \~ ~11Î~'~~~ phone (208) 387-6100 F{>;j., (208) 387-6391 E-mail: tellus@ACHD.ada.id.us August 13, 2004 RECEIVED TO: Brighton corporation 12604 West Explorer Drive, Suite 200 Boise, Idaho 83713 City of Meridian City Clerk Office AUG 1 9 201Yt SUBJECT: MY AC04-005 Vacation of sideyard utility and irrigation easements Ashford Greens Subdivison No.2 In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right-of-Way and Development Services Department does not have any site-specific requirements for the vacation of sideyard utility and irrigation easements. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. If you have any questions, please feel free to contact me at (208) 387-6171. ~~:~I~, 4ì . tJ-n 'J~wtbn F Development Analyst Right-of-Way and Development Services Cc: Project File, Construction Services, Drainage, Utilities Lead agency City of Meridian Engineering Northwest 423 North Ancestor Place, Suite 180 Boise, Idaho 83704 MAYOR Tammy de Weerd olfe;;d¡{¡n LEGAL DEPARTMENT (208) 466-9272' FAX 466-4405 PARKS & RECREATION (208) 888-3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500' Fax 887-1297 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird BUILDING DEFARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (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 Meñdian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: August 12, 2004 Transmittal Date: August 10,2004 Hearing Date: August 19, 2004 File No.: VAC 04-005 Request: Vacation of side yard utility and irñgation easements on Lots 43-45, and Lots 88-91, Block 23 of Ashford Greens Subdivision No.2 By: Woodside Properties, LLC Location of Property or Project: east of North Black Cat Road and south of West Ustick Road David Zaremba, PIZ (No Fp) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (No FP) Michael Rohm, P/Z (No FP) Keith Borup, PIZ (No FP) Tammy de Weerd, Mayor Bill Nary, CIC Charlie Rountree, CIC Keith Bird, CIC Sh 'Wardle, CIC ater Department Sewer Department Sanitary Service (No VAR, VAG, FP) Building Department Fire Department Police Department City Attorney City Engineer ~H . J\;Y A~G 1 0 2004 CITi uF MERIDIAN WASTEWATER DEPT. Meridian School District (No FP) Meridian' Post Office tFPIPP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPIPPonly) Owest (FPIPP only) Intermountain Gas (FPIPP only) Bureau of Reclamation (FPIPP only) Idaho Transportation Department tNo FP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: ~ l' U.,J }¿;,,\..cf. __I. ,Y..'.., ~;~ Ðv 33 EAST IDAHO AVENlÆ . MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility BilJing Fax (208) 887-4813