Boise Valley Commons VAC
VAG 05-002
MERIDIAN PLANNING & ZONING MEETING
APPLICANT CSHQA
February 1 7, 2005
ITEM NO.
5
REQUEST Recommendation - Request for a Vacation of existing power lines. sewer. irrigation and
storm water drainage easements for Boise Valley Commons - 2400 East Overland Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached Staff Comments
CITY POLICE DEPT:
CITY FIRE DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
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CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Emailed:
Date:
Staff Initials:
Phone:
Materials presenl8d al public meeting¡ shaD become property 01 Ihe City 01 Meftdian.
MAYOR
Tammy de Wee,d
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CITY HALL
(208) 8814433 - Fax 887-4813
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Roun"ee
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211- Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
STAFF REPORT:
To:
Planning & Zoning Commission, Mayor and City Council
Transmittal Date: February 14,2005
P & Z Meeting Date: February 17, 2005
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FEB 1 4 2005
From:
Craig Hood, Associate City Planner (III
City Of Meridian
City Clerk Office
Re:
Boise Valley Commons Easement Vacations
Request for Vacation of Four (4) Easements of Record in Section 17, Township 3
North, Range I East, by CSHQA (File No. VAC-O5-002).
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, CSHQA (Gene Shaffer), has requested the City's. consent to vacate previously
recorded easements at 2400 E. Overland Road. The site is generally located on the south side of
Interstate 84, on the north side of Overland Road, approximately Y, of mile west of Eagle Road.
The owner of record of the parcel on which the proposed easements to be vacated lie is Boise Valley
Commons, LLC. Kevin Knighton, a managing member of Boise Valley Commons, LLC, has
submitted a notarized consent for the subject application.
The subject site is currently going through the platting process for an eighteen lot subdivision known
as Boise Valley Commons, a.k.a. Destination Place. The Applicant is requesting the vacation of the
easements so that permanent structures may be constructed over the outdated easements. Idaho Code
50-1325 requires easements to be "vacated in the same manner as streets" and to be approved by the
local jurisdictions. Even though other types of easements can be addressed through Letters of
Agreement (e.g. drainage, gas, telephone, etc.), irrigation and sewer 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 following existing recorded easements described
below:
I. A 10-foot wide power line easement recorded as Instrument No. 7829797
2. A 20-foot wide sewer easement recorded as Instrument No. 96008002
3. A storm water drainage easement recorded as Instrument No. 103005662
4. Two irrigation easements recorded as Instrument No. 103005661
V AC-O4-002
Scottsdale Sub Vacation.VAC
Planning & Zoning Commission/Mayor & City Council
April I, 2004 (P&Z Meeting Date)
Page 2
As of the print deadline for this report, the Applicant has not provided notarized consent from the
applicable agencies associated with each easement. John Anderson from the Nampa-Meridian
Irrigation District has submitted a letter to the City stating that the District will not relinquish any
right-of-ways (easements); prior to completion of all work, before it has been inspected and proves
satisfactory to District standards (see letter dated February 10, 2005). Notarized consent from the
Idaho Power Company, the Meridian Public Works Department, the Ada County Highway District,
and the Nampa-Meridian Irrigation District should be provided by the applicant prior to the City
Engineer's signature of the final plat for Boise Valley Commons/Destination Place Subdivision.
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.
SURROUNDING USES
North - Interstate 84, zoned C-G
South - Professional Offices/Clinics, zoned L-O
East - Vacant, zoned CoG
West - Commercial Tractor Sales/Service, zoned CoG
CONDITION OF APPROVAL (V AC-O5-002)
I. Prior to signature of a final plat for Boise Valley CommonslDestination Place Subdivision,
the Applicant shall submit evidence to the Meridian Planning Department that the requested
vacations have been approved by all required agencies and authorities (Idaho Power, ACHD,
Nampa-Meridian Irrigation District or their assigns).
RECOMMENDATION
Staff recommends approval of application V AC-05-002, with the condition noted above.
V AC.{)4-005
Ashfo,d Greens Sub No.2 Vacation.VAC