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Home My WebLink AboutStokesberry Sub No. 2 VAC VAC 05-005 May 5, 2005 MERIDIAN PLANNING & ZONING MEETING APPLICANT Properties West, Inc. ITEM NO. 5 REQUEST Recommendation: Vacation of a portion of a 20-foot utility easement between Lots 20 & 21, Block 1, Stokesberry Subdivision No.2 - west of North Eagle Road and north of River Valley Street AGENCY COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY See attached staB report ~ n1 f'fLUtfl Appn; wd -h ŒfC 5--() CITY CLERK: CITY ENGINEER: CITY POLICE DEPT: CITY FIRE DEPT: 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: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~ \ ,Ii' ÝW Iú Emailed: Date: 'D') "O~ . Staff Initials: Phone: ;j7/J v 11';0 Materials presented at pubUc meellnlJl shall become property 01 the City of Meridian. ~/ MAYOR TammydeWeerd } olfe;; di!C \ IDAHO CITY HAlL (208) 8884433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shaun Wardle Charles M. Rnun1ree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: To: Planning & Zoning Commission, Mayor and City Council Josh Wilson, Associate City Planne¿!¿ Mike Cole, Development Services Coordinator m c. Transmittal Date: April 29, 2005 P & Z Meeting Date: May 5, 2005 RECEIVED MAY 0 2 2005 CITY OF MERIDIAN CITY CLERK OFFICE From: Re: Stokesberrv Subdivision No.2 Request for Vacation ofa portion of a 20 foot utility easement between Lots 20 &21, Block 1, Stokesberry Subdivision No.2, by Properties West, Inc. (File No. VAC-05- 005). 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, Properties West, Inc., has requested the City's consent to vacate previously platted easements in Stokesberry Subdivision No.2. The subject subdivision is located near the southwest comer of Eagle Road and Ustick Road. The Applicant is requesting the vacation of the easements so that owners may not be encumbered by non-utilized platted easements. The applicant has requested vacation of a portion of a 20 foot platted utility, drainage, and Business Owners Association irrigation easement. The subject easement lies on the common line between Lots 20 and 21, Block 1, as evidenced by a submitted drawing titled "Relinquishment of easement in Lots, 20 & 21 of Block, Stokesberry Subdivision No.2", dated 3/28/05 by J-U-B Engineers. The applicant has provided proof of relinquishment of the easements by Cable One, Qwest Communications, Intermountain Gas Company, and Idaho Power Company. The applicant has not provided consent ITom the Business Owner's Association for relinquishment of the irrigation easement. See Condition #1 below. 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 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. All easements not specifically vacated shall remain intact. VAC-05-o05 StokesberryNo2. V AC Planning & Zoning CommissionlMayor & City Council May 5,2005 (P&Z Meeting Date) Page 2 SURROUNDING USES North -Carol Subdivision, residential subdivision zoned R-l & R-2 (City & County). South - Undeveloped land, zoned RUT (Ada County). East - N. Eagle Road and property zoned RUT (Ada County.) West - River Valley Elementary school, zoned R-4. OWNERS OF RECORD The owners of record of the lots on which the proposed easements to be vacated are as follows: Lots 20 and 21 - Properties West, Inc. SPECIAL CONSIDERATIONS 1. Process: The Subdivision and Development Ordinance (Title 12), Chapter IO, requires the Planning & Zoning Commission to review and make a recommendation on Vacation applications. A public hearing is then required before the City Council. 2. Business Owner's Association Consent: The applicant has not provided consent ITom the Business Owner's Association for relinquishment of the irrigation easement. The applicant should provide notarized consent of relinquishment of the easement prior to the City Council hearing. See Condition #1 below. CONDITIONS OF APPROVAL CV AC-OS-OOS) 1. The applicant shall provide notarized consent ITom the Business Owner's Association of relinquishment of the irrigation easement prior to the City Council hearing. RECOMMENDA nON Staff recommends approval of application V AC-05-005 subject to the conditions and comments contained herein. VAC.()5-005 StokesbenyNo2.VAC MAYOR Tammy de Weerd LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATiON (208) 888-3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887-1297 CITY COUNCIL MEMBERS Shaun Wardie William L. M. Nary Charles M. Rountree Keith Bird BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meñdian 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 25, 2005 Hearing Date: May 5, 2005 File No.: VAC 05-005 Request: Recommendation: Vacation of a portion of a 20-foot utility easement between - Lots 20 & 21, Block 1, Stokesberry Subdivision No.2 By: Properties West, Inc. Location of Property or Project: west of North Eagle Road and north of River Valley Street ~ David Zaremba, P/Z (No FP) Meridian School District (No FP) David Moe, PIZ (NoFP) Meridian Post Office (FP/PPonly) Wendy Newton-Huckabay, PIZ (NoFP) Ada County Highway District Michael Rohm, P/Z (NoFP) Ada County Development SelVices Keith Borup, P/Z (No FP) Central District Health Tammy de Weerd, Mayor Nampa Meridian Irrig. District Bill Nary, C/C R~ I;1CE~settlers Irrigation District Charlie,Rountree, C/C J,:J' 'Idaho Power Co. (FP/pP/CUPonly) Keith Bird, C/C Owest (FP/PP only) Shaun Wardle, C/C APR 2 5 200t: Intermountain Gas (FP/PP only) Water Department ~ Bureau of Reclamation (FP/PP only) Sewer Department CITY OF MERID Idaho Transportation Department (NoFP) Sanitary SelVice (No VWAS,mW .lA.N Ada County Land Records Building Department :A.TER DEPT. Meridian Development Corporation Fire Department Historical PreselVation Commission Police Department W~J;~~~~~~ation City Attomey Your Concise Remarks: l...,'~""!~(, :~:' ~. Parks Department ~ 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-42[8 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813