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HomeMy WebLinkAboutAshford Greens Subdivision No. 2 VAC-04-005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of the request to vacate five (5), ten foot (10') wide public utilities, drainage and irrigation easements in Ashford Greens Subdivision No.2, by Brighton Corporation. Case No(s). V AC-04-005 For the City Council Hearing Date of: September 14, 2004 RECEIVED OCT 0 7 2004 A. Findings of Fact City Of Meridian City Clerk Office 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 14, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considereq. the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-04-005 -PAGE 1 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is the Brighton Corporation. B. Conclusions of Law a. I. 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 shan be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to aU 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 fulfiUed, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easernents 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 (I), (2), (3) and (5)} 4. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as foUows: 12-10-1 APPLICATION PROCEDURE: I. Application: Any property owner desiring to vacate an existing subdivision, public right CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-O4-005 - PAGE 2 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: I. Commission Recommendation: The Commission shall review the request and aU 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 bylaw. 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. 3. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 4. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and aU current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 5. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 6. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-04-005-PAGE3 7. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 8. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 9. That this approval is subject to the Conditions of Approval listed herein. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 10. The Applicant is requesting the vacation of the foUowing 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: Five Foot (5') Permanent Public Utilities, Irrigation, and Drainage Easement, adjacent to each side of a common lot line: I Lot line common to Lots 90 and 91, Block 23, excepting the 10-feet adjacent to N. Bent Grass Lane 2 Lot line common to Lots 89 and 90, Block 23, excepting the 10-feet adjacent to N. Bent Grass Lane 3 Lot line common to Lots 88 and 89, Block 23, excepting the lO-feet adjacent to N. Bent Grass Lane 4 Lot line common to Lots 43 and 44, Block 23, excepting the lO-feet adjacent to W. Nine Iron Lane 5 Lot line common to Lots 44 and 45, Block 23, excepting the 10-feet adjacent to W. Nine Iron Lane 11. The final plat for Ashford Greens Subdivision No.2 was recorded in 1997. 12. 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). 13. The Applicant has provided notarized consent ftom the foUowing 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. 14. The Applicant shall be required to comply with the Conditions of Approval as foUows: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-04-005 -PAGE 4 1. 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, drainage and irrigation entities). C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The petition requesting the vacation of the foUowing 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 is hereby granted: Five Foot (5') Permanent 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 lO-feet adjacent to N. Bent Grass Lane Lot line common to Lots 89 and 90, Block 23, excepting the lO-feet adjacent to N. Bent Grass Lane Lot line common to Lots 88 and 89, Block 23, excepting the lO-feet adjacent to N. Bent Grass Lane Lot line common to Lots 43 and 44, Block 23, excepting the 10-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; and 2. The site specific and standard conditions of approval are as foUows: 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 aU required agencies and authorities (aU applicable public utilities, drainage and irrigation entities). 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 ofFinai Action and Right to Regulatory Takings Analysis D. 1. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-04-005 - PAGE 5 concerning the matter at issue. A request for a regulatory takings analysis will ton the time period within which a Petition for Judicial Review may be filed. 2. 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 the issuance or denial of the conditional use permit approval 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-O4-005 - PAGE 6 By action of the City Council at its regular meeting held on the 5th œtðbo- , 2004. day of COUNCILMAN SHAUN WARDLE VOTED~ -COUHCILMAH BILL NARY VOTFn~ COUNCILMAN CHARLIE ROUNTREE VOTED~ VOTED~ COUNCILMAN KEITH BIRD MAYOR TAMMY deWEERD (TIE BREAKER) VOTED - Attest: and City Attorney. By: j(U, (l ~ 1\ HlY'- City ClèÍ-k Dated: Oi4 -01 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAC-04-005 -PAGE 7