HomeMy WebLinkAboutCC - Staff ReportOaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 1 -
STAFF REPORT
Hearing Date: September 25, 2018
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Oaks South Subdivision No. 5, Lot 2, Block 14 and Lot 2, Block 12 – VAC
(H-2018-0099)
1. APPLICATION SUMMARY
The applicant, Toll ID I, LLC, requests approval to vacate the westerly 1’ of the 6’ wide utility and
pressure irrigation easement on the east boundary of Lot 2, Block 14 and the easterly 1’ of the 6’ wide
utility and pressure irrigation easement on the west boundary of Lot 2, Block 12 in The Oaks South
Subdivision No. 5.
2. STAFF RECOMMENDATION
Staff recommends approval of the subject vacation application.
3. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number H-2018-
0099 as presented in the staff report for the hearing date on September 25, 2018.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number H-2018-
0099, as presented during the hearing on September 25, 2018, for the following reasons: (You should
state specific reasons for denial.)
Continuance
After considering all staff, applicant, and public testimony, I move to continue File Number H-2018-
0099 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 5860 & 5840 W. Quintale Dr., in the NW ¼ of Section 33, Township 4
North, Range 1 West.
B. Owner(s):
Toll ID I, LLC
3103 W. Sheryl Dr., Suite 100
Meridian, ID 83642
C. Applicant:
Same as Owner
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 2 -
D. Representative:
Kristi Watkins, Planner
JUB Engineers, Inc.
250 S. Beechwood Ave., Ste. 201
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information and the
application file for the applicable relinquishment approvals.
5. PROCESS FACTS
A. The subject application is a request to vacate a portion of certain platted utility easements in Oaks
South Subdivision No. 5. Per Unified Development Code Table 11-5A-2, the Director is the
decision making body on vacation applications such as this that are exempt per Idaho §50-
1306A(5). However, it’s been previous policy that City Council approves these requests at a
public meeting.
6. LAND USE
A. Existing Land Use(s): The portions of the easements proposed to be vacated lies on two
residential building lots (Lot 2, Block 14 and Lot 2, Block 12), zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
currently in the development process as a single-family residential subdivision, zoned R-8.
C. History of Previous Actions: The final plat depicting the portion of the easement proposed to be
vacated was recorded in 2017 (Bk. 112, Pg. 16417).
7. STAFF ANALYSIS
The applicant requests approval to vacate the westerly 1’ of the 6’ wide utility and pressure irrigation
easement on the east boundary of Lot 2, Block 14 and the easterly 1’ of the 6’ wide utility and
pressure irrigation easement on the west boundary of Lot 2, Block 12 in The Oaks South Subdivision
No. 5 (see legal descriptions and exhibit maps in Exhibit A.3). There are no existing utilities within
the portion proposed to be vacated. The easement holders (i.e. Cable One, Nampa & Meridian
Irrigation District, Idaho Power, Intermountain Gas, and Century Link) have all submitted written
consent agreeing to vacate a portion of the existing easement as proposed.
The applicant states the reason for the requested vacation is that a 6’ wide easement is not necessary
at this location and the builder would like to provide more floorplan options.
Staff recommends approval of the vacation application as proposed in Exhibit A.2.
9. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Recorded Plat Depicting Easement Proposed to be Vacated
3. Legal Description & Exhibit of Easements Proposed to be Vacated
4. Relinquishment Letters from Utility Easement Holders
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 3 -
A. Drawings
1. Vicinity/Zoning Map
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 4 -
2: Recorded Plat Depicting Easement Proposed to be Vacated
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 5 -
3. Legal Description & Exhibit of Easement Proposed to be Vacated
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 6 -
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 7 -
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 8 -
4. Relinquishment Letters from Utility Easement Holders
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 9 -
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 10 -
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 11 -
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 12 -
Oaks South Sub 5 Lot 2 Blk 14 and Lot 2 Blk 12 – VAC H-2018-0099 - 13 -