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Home My WebLink AboutKrispy Kreme VAC V AC 05-004 MERIDIAN PLANNING & ZONING MEETING May 5, 2005 APPLICANT Eagle-Fairview Investment Co., LLC ITEM NO. 4 REQUEST Recommendation: Vacation of platted easements for Krispy Kreme Subdivision - Lot 1 of the Krispy Kreme Subdivision AGENCY COMMENTS CITY POLICE DEPT: CITY FIRE DEPT: e..ÛJn1 ~ Ap prOVaJ -Iv See attached stan report oj (!, :J {) CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: No comment No comment NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: =-~f!\ ,\1\ ~ ~ \ì \\ \o'^; I'J,() 1"'-...- Date: '7""2 -~. Phone: ;51f 1.1.rqr Ii:) Emailed: L./ Staff Initials: Materials presented at pubfic meellngs shall become property of the City of Meridian. MAYOR Tammy de Weerd ,{ olfcri dl!C \ IDAHO . Jl(. V ~ or O~ "TIŒ^,,_V~'Jm CITY HALL (208) 888-4433 - Fax 887-4813 PUBUCWORKS BUILDING DEPARTMENT (208) 887.221l-Fax898-9551 CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shoun Wardle Charles M. Roun1ree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: Transmittal Date: April 29, 2005 P & Z Meeting Date: May 5, 2005 To: Planning & Zoning Commission, Mayor and City Council Josh Wilson, Associate City Planne/4... Mike Cole, Development Services Coordinator fI'\ G RECEIVED MAY 0 Z 2005 CITY OF MERIDIAN CITY CLERK OFF'CE From: Re: Krispv Kreme Request for Vacation of Platted Easements in Krispy Kreme Subdivision, by Eagle- Fairview Investment Co., LLC (File No. VAC-O5-004). 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, Eagle-Fairview Investment Co., has requested the City's consent to vacate previously platted easements in Krispy Kreme Subdivision (Plat Note #2). The subject subdivision is located at the southwest comer of Eagle Road and Fairview Road. The Applicant is requesting the vacation of the easements so that owners may not be encumbered by non-utilized platted easements. The property boundaries were modified via a recorded lot line adjustment (Record of Survey #6688), which reconfigured the existing lots. On the plat of Krispy Kreme Subdivision, Note #2 states: "Unless otherwise shown or designated, each side of the interior lot lines has a five (5) foot permanent easement for public utilities, irrigation, and lot drainage." The subject easements lie on the common line of lots I & 3 and 3 & 4, Block I of Krispy Kreme Subdivision. The applicant has provided proof of relinquishment of the easements by Cable One, Qwest Communications, Intennountain Gas Company, Idaho Power Company, and Settlers Irrigation District. 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 jurisdictions. State statute further requires an easement vacation be filed when a landscape or irrigation easement is involved. Even thougiJ the other types of easements can be addressed througiJ 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 fonnally vacated througiJ the standard process. All. easements not specifically vacated shall remain intact. V AC-O5-004 KrispyKreme. V AC Planning & Zoning CommissionlMayor & City Council May 5,2005 (P&Z Meeting Date) Page 2 SURROUNDING USES North - Fairview Avenue and vacant land, zoned RUT - Ada County South - Treasure Valley Business Center, zoned I-L (Light Industrial) East - Eagle Road and Crossroads Shopping Center, zoned I-L (Light Industrial) West - Treasure Valley Business Center, zoned I-L (Light Industrial) OWNERS OF RECORD The owners of record of the lots on which the proposed easements to be vacated are as follows: Lots 1, 3, and 4 - Eagle-Fairview Investments Co., LLC SPECIAL CONSIDERATIONS 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. CONDITIONS OF APPROVAL (V AC-O5-004) None. RECOMMENDATION Staff recommends approval of application V AC-05-004 as requested. VAC-05-004 KrispyKreme.V AC RECEIVED APR 25 2005 City of Meridian '1A - .~~ ~ - & ""'" ---' J -' - - " City Clerk Office ,~ ,,~ -/~ Z)i4tUct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 20 April, 2005 phones: Area Code 208 OFFICE: Nompo 466-7861 SHOP: Nompo 466-0663 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. -. '-M'ffidiai~'ftr'~---- RE: V AC 05-004 Krispy Kreme Dear Will: Nampa & Meridian Irrigation District has no comment on the above referenced application for Vacation of platted easements for Krispy Kreme Subdivision. Sincerely, (J¿t/~ Bill Henson Ass!. Water Superintendent Nampa & Mendian Irrigation Distnct BHldbg c: File - Office/Shop APPROXIMATE IRRIGABLEACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS. 40,000 ~ CENTRAL G B~J!~ CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Divisi1tECEIVED if ~ o~ -o°tt ~::o: ~C~~~~" City Clerk OffICe f¿ ;<..LJ-.t k~f311.1"" I Q{J/-, Return to: 0 Boise 0 Eagle 0 Garden City ~ridian 0 Kuna OACZ 0 Star Rezone # Conditional Use # Preliminary / Final/Short Plat ~ have No Objections to this Proposal. 0 2. We recommend Denial of this Proposal. 0 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 0 4. We will require more data concerning soil conditions on this Proposal before we can comment. 05. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: 0 high seasonal ground water 0 waste flow characteristics 0 or bedrock from original grade 0 other 06. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or suriace waters. 07. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 0 8. Atter written approval from appropriate entities are submitted, we can approve this proposal for: 0 central sewage 0 community sewage system 0 community water well 0 interim sewage 0 central water 0 individual sewage 0 individual water 0 9. The following plants) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: 0 central sewage 0 community sewage system 0 community water 0 sewage dry lines 0 central water 0 10. Run-off is not to create a mosquito breeding problem. 0 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 012. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 0 13. We will require plans be submitted for a plan review for any: 0 food establishment 0 swimming pools or spas 0 beverage establishment 0 grocery store 0 child care center 0 14. Please see attached stormwater management recommendations 015. Date: ..!t..J?2J 0)- Reviewed By: ~ ø-~ Review Sheet 157".001E><O904 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Shaun Wardle William L M. Nary Charles M. Rountree Keith Bird LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECRE<\.TION (208)"ß8É-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500' Fax 887-1297 ~) 17. ~. .~JJ,:J O~ BUILDING DEPARTMENT .'~ PR - '~¡¡'ASURE Vø' (208) 887-2211 . Fax 887-1297 ~ ... ..,..¡ PLANNING & ZONING -, 1\i1"F.RIDuu'" (208) 884-5533' Fax 888-6854 en 1. ~~1I.."'ER D~rr. ,'1'" \H").:L. TRANSMITTALS TO AGÉÑëresi=oR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: April 28, 2005 Transmittal Date: April 5, 2005 Hearing Date: May 5, 2005 File No.: VAC 05-004 Request: Recommendation: Vacation of platted easements for Krispy Kreme Subdivision By: Eagle-Fairview Investment Co., LLC Location of Property or Project: Lot 1 of the Krispy Kreme Subdivision David Zaremba, P/Z (No FP) David Moe, P/Z (No FP) Wendy Newlon-Huckabay, P/Z (NoFP) Michael Rohm, P/Z (NoFP) Keith Borup,P/Z (NoFp) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAG, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department x Meridian School District (No FP) Meridian Post Office (FPIPP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power CO. (FPIPP/CUP only) Qwest (FPIPP only) Intermountain Gas (FPIPPon/y) Bureau of Reclamation (FPIPPonly) Idaho Transportation Department (No FP) Ada Count d Records -1I.1B1" . elopment Corporation N~ori ervation Commission We ritage Foundation Your Concise Remarks: A"R 0 4 20~J City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utilily Billing Fax (208) 887-4813