HomeMy WebLinkAboutSpurwing VAC 05-003VAC 05-003
MERIDIAN PLANNING & ZONING MEETING February 17, 2005
APPLICANT Spurwing Limited Partnership ITEM NO. 6
REQUEST Recommendation -Request for a Vacation of the golf course easement located on
Lots 44, 45, 46, & 47, Block 1 of Spurwing Subdivision -Norfh of Chinden Boulevard and west of
Norfh Under 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:
Contacted:
Emailed:
Dote: Phohe:
Staff Initials:
COMMENTS
See attached memo
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Maferlals presented of pubBe meelbrps droll become properly of the Cify of Meridian.
MAYOR
Tammy de Weed
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KeAh Bird
William LM. Nary
Shaun Wardle
Charhs M. Rouo~ee
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CITY HALL
(208) 888-0433 - Fas 8874813
PUBLIC WORB:S
BUn,DING DEPARTMENT
(208) 887-2211 -Fos 898A551
LEGAL DEPARTMENT
(208) 466A272- FAX 4664405
STAFF REPORT: Transmittal Date: February 1Q 2005
P & Z Meeting Date: February 17, 2005
To: Planning & Zoning Commission, Mayor and City Council R E C E ~ VE~
From: Joseph R Guenther, Assoaate City Planner ~ .1L lV+ FED ' ~ Zat75
Brace Freckleton, Assistant to City Engineer CITY O F M E R I D I A N
Re: Sourwins Subdivision Easement Vacations C I TY C L E R VC O F F I C E
Request for Vacation of a Golf Course Easement in Spurwing Subdivision, by
Spurwing Ltd Partnership (File No. VAC-OS-(103).
~'e have reviewed this submittal and o, fer the following comments, as conditions of the Applicmlt.
These conditions shall be considered in, full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
The Applicant, Spurwing Limited Partnership, 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 Ustick Road. The final plat for Ashford
Greens Subdivision No. 2 was recorded in 1997.
The Applicatrt is requesting the vacation of the easements so that owners may not be entalmbered by
non-utilized platted easements. The easement lies on four platted lots (Lots 44-47, Block 1) of
Spurwing Subdivision. 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 jurisdictiolls. State
statute Rather 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 I.C. 50.1306.A, and must be formally vacated through the standard process.
The Applicant is requesting the vacation of the platted easements in Spurwing Subdivision as
described by Tealy's Land Surveying and recorded in Book 69 of Plats at Page 7104 thru 7108 of
Ada County Records.
All utilities and right of way easements shag remain imact.
North -Single-family residential, zoned RR -Ada Courny
South -Single-family residential, zoned RR -Ada County
VAC414-002 3catladale Sub VarstioaVAC
Planning & Zoning Commission/Mayor & City Council
April 1, 2004 (P&Z Meeting Date)
Page 2
East -Single-family residential, zoned RR -Ada County
West -Single-family residential, zoned RR -Ada Courny
The owners of record of the lots on which the proposed easements to be vacated are as follows:
Lot 44 - Spurwing Ltd Partnership, 7058 N. 5purwing Way
Lot 45 - 5purwing Ltd Partnership, 7036 N. Spurwing Way
Lot 46 -Charles E. Compton (signed Affidavit), 7014 N. Spurwing Way.
Lot 47 - Ralph Langer (signed Affidavit), 1742 E. I3ighgete Ct.
SPECIAL CON5iDERATIONS
1. 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 (VAC-040051
None.
RECOMMENDATION
Staff recommends approval of application VAC-05-003 as requested.
VACA4-0OS Aehfarl Graeae Sub No. 2 Vacation.VAC