HomeMy WebLinkAboutSalisbury Subdivision No. 2 VAC-04-004
ADA COUNTY RECORDER J. OAVID NAVARRO AMOUNT .00
BOISE IDAHO 09/01/04 01:51 PM
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Meridian Cily 104112890
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR)
VACATION OF A 20-FOOT STRIP OF )
PROPERTY EXTENDING FROM THE )
CREASON LATERAL NORTH )
APPROXIMATELY 810-FEET FOR )
SALISBURY SUBDIVISION NO.2 - WEST)
OF NORTH MERIDIAN ROAD AND SOUTH)
SIDE OF WEST USTICK ROAD, MERIDIAN, )
IDAHO )
)
)
)
)
)
WOODSIDE PROPERTIES, LLC
APPLICANT.
C/C 08/03/04
CASE NO. V AC-O4-004
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
August 3, 2004, at the hour of 7:00 p.m., and Scott Stanfield of Earl, Mason & Stanfield
Engineering, appeared and testified at the hearing, and the Council having received the record
ITom 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.
Findings of Fact and Conclusions of Law and Order for Vacation
Salisbury Subdivision No.2 - V AC-04-004
PAGE1OF7
4.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1.
Easements shall be vacated in the same manner as streets. {LC. § 50-1325}.
2.
When a county or highway district desires the abandonment or vacation of any
highway, public street or public right-of-way which was accepted as part of a
platted subdivision said abandonment or vacation shall be accomplished pursuant
to the provisions 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, firm,
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 interment, 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)}
Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it
provides as follows:
Findings of Fact and Conclusions of Law and Order for Vacation
Salisbury Subdivision No.2 - V AC-04-004
PAGE 2 OF 7
12-10-1
APPLICATION PROCEDURE:
1.
Application: Any property owner desiring to vacate an existing subdivision,
public right of way or easement shall complete and file an application with the
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.
2.
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:
1. 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.
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.
Findings of Fact and Conclusions of Law and Order for Vacation
Salisbury Subdivision No.2 - V AC-04-004
PAGE 3 OF 7
2.
The particular circumstances ofthe requested vacation are:
The existing right-of-way, named Venable Lane (private road), extends ITom
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 southem
portion of this right-of-way (approximately 815 feet). The northern 990 feet of
right-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 ACHD, the applicant is
requesting that ACHD exchange the Venable right-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 plan (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 Commission recommended approval of the Salisbury preliminary plat
without a stub street to the west and supported a future vacation ofthe lane.
The public right-of-way that is proposed to be vacated is adjacent to a separate,
privately-owned 20-foot wide strip ofland to the west (Ada County Parcel No.
SI201244708). This westem 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 an ingress-egress easement will be granted
to the Simunich's (property owner to the west) top provide Ustick Road access
until such time as new access roads are provided to his seven (7) acre parcel
across ITom 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 area or adjacent
to a platted area are 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
Findings of Fact and Conclusions of Law and Order for Vacation
Salisbury Subdivision No.2 - V AC-04-004
PAGE 4 OF 7
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.
3.
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 once 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.
4.
All publication costs have been paid by the petitioner.
5.
The vacation is necessary and must be vacated before any building permits can be
issued for this lot.
6.
The applicant shall be required to comply with the following Recommendations:
Planning and Zoning Department:
1.
Prior to issuance of a building permit, or signature of a Final Plat on the
subject properties, the Applicant shall submit evidence that the requested
vacation has been approved by all required agencies and authorities.
DECISION AND ORDER OF VACATION
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:
2.
1.
The legal description of the existing 20-foot strip of property extending ITom the
Creason Lateral north approximately 810 feet for Salisbury Subdivision No.2,
west of North Meridian Road and south of West Ustick Road, and which is the
subject of this petition, and located in Meridian, Idaho, and is hereby vacated:
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.
Findings of Fact and Conclusions of Law and Order for Vacation
Salisbury Subdivision No.2 - V AC-O4-004
PAGE 5 OF 7
3.
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
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.
By action of the City Council at its regular meeting held on the 24-~ay of
~.f ,2004.
ROLL CALL:
COUNCILMAN WARDLE
VOTED ~
VOTED ~
VOTED ¿rA.;
VOTED ~
COUNCILMAN NARY
COUNCILMAN ROUNTREE
COUNCILMAN BIRD
Findings of Fact and Conclusions of Law and Order for Vacation
Salisbury Subdivision No.2 - V AC-04-004
PAGE 6 OF 7
MAYOR TAMMY de WEERD (TIE BREAKER)
VOTED
DATED:
8-21--04-
Attest:
BY:. ~O 1°J..A.
City Clerk's 0 ce
DATED:
15-30.04
STATE OF IDAHO, )
: ss.
County of Ada.
On this ;('/ I-It day of fI."¿ (is J- , 2004, before me, the undersigned,
a Notary Public in and for said State, perno ally appeared TAMMY de WEERD and WILLIAM
G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, ofthe 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 for Vacation
Salisbury Subdivision No.2 - V AC-04-004
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