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Home My WebLink AboutQuenzer Commons No. 9 VAC V AC 05-006 MERIDIAN PLANNING & ZONING MEETING July 7, 2005 APPLICANT Brighton Investments, LLC ITEM NO. 5 REQUEST Recommendation: Vacation of a private road known as E. Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No.9 - west of North Locust Grove Road and north of East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments ðJ f\) ,,~t>~~.\ ) \J-'" \ .AJ{t'.)\),.Y ~'\\ .~ ~\V \)\N CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Ï)r~ ~~ Date: 7 ¡ {p 165 Phone: 37 g ~ 4()OO ~ Emailed: ßhOf1 ¡¿ <; {¿be I~ Z>r¡ (' Dr P . ('01"1 Staff Initia~: ¡..y:¿ Materials presented a public meeting: shall become property of the City of Meridian. ¡ MAYOR Tammy de Weerd -,. ..~ "", ~~:: J cM"e;;;¡/:;i- ~l;\ ~ IDAHO ),~ ""- ~~ "ó'C' ' ~~- '--'" 1;1'/0/14."'1' YNJ.}!;'/..-) ~!!§.~~ " I $INU 1903 CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle CharlesM.RounITee PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 888-4433 - Fax 887-4813 PLANNING AND ZONING DEPARTMENT (208) 888-5533 - Fax 888-6854 STAFF REPORT: Transmittal Date: June 30, 2005 P & Z Meeting Date: July 7,2005 To: Planning & Zoning Commission, Mayor and City Council Josh Wilson, Associate City Planne..f~ Michael Cole, Development ServiJls CoordinatOO C' JJ]î~CE']'-V-"'" I-,or . " \'".'--"~ j -.1" .,. .~;'" J JUN :3 0 2005 From: Re: Quenzer Commons #9 Request for Vacation of a private road easement known as K Herons Crossing Lane and Meridian City sanitary sewer easement for Quenzer Commons Subdivision No. 9, by Brighton Investments, LLC (File No. VAC-05-006). ,City Of Meridl<:J.l; Ci(y Clerk Office We have reviewed this submittal and offer the following comments, as conditions of the Applicant. These conditions shall be considered infull, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, Brighton Investments, LLC, has requested the City's consent to vacate a private road easement and a Meridian City sanitary sewer easement for Quenzer Commons Subdivision No.9. The subject subdivision is located west of Locust Grove Road, approximately one-halfmile north of Ustick Road. The Applicant is requesting the vacation of a 30-foot private road easement known as E. Herons Crossing Lane, which is located on the north property line of a parcel land that received preliminary plat approval as Heritage Commons Subdivision (PP-02-007). The applicant is also requesting the vacation of a City of Meridian Public Works Department 20-foot sanitary sewer easement, which lies along the north property line of the same parcel, and was recorded as Instrument Number 101067087 in the Records of Ada County. The applicant has requested these vacations in order to comply with the Conditions of Approval for the final plat for Quenzer Commons Subdivision No.9 (FP-05-026t specifically Site Specific Conditions #8 and 9. as modified by Citv Council at the May 3. 2005 hearing, Site Specific Condition #8 for the Quenzer Commons Subdivision No.9 reads as follows: "Applicant shall comply with item #8 of the Findings of Fact and Conclusions of Law and Order of Conditional Approval of the preliminary plat, which reads: There is an existing 1,300 foot long, 20 foot wide ingress/egress easement adjacent to the north boundary which provides Locust Grove Access for the two Crestwood Subdivision lots and the unplatted parcel. The easement appears to lie entirely within the Heritage Commons boundary. The applicant shall submit evidence that the easement of record permits the applicant to dedicate a public road over the top of said easement V AC-05-00 Quenzer#9,v AC Planning & Zoning Commission/Mayor & City Council July 7,2005 (P&Z Meeting Date) Page 2 without vacating the easement and without obtaining consent of the beneficiaries oj the easement, or other documentation satisfactory to the Public Works and Planning and Zoning Department." The applicant has applied to vacate the private road easement, as required, and has supplied a signed consent letter from Vanessa Klaus, 4055 Locust Grove Road, and Dan and Becky Young, 4053 Locust Grove Road (the beneficiaries of the easement) for vacation. Site specific Condition #9 for the Quenzer Commons Subdivision #9 reads as follows: "Applicant shall provide evidence that the existing 20-foot wide sanitary sewer easement has been vacated." The applicant has submitted evidence that the easement has not been vacated, and is proposing vacation with this application. The easement, recorded as instrument #101067087, was procured by the Public Works department for installation of the City sewer project known as the White Drain. Between planning of the White Trunk, and construction, Quenzer Commons preliminary plat was submitted. Instead of routing the White Trunk through the acquired easements, the City of Meridian in cooperation with the applicant, routed the trunk with the proposed streets, The easement was recorded, but never used, and Public Works supports the vacation. 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 Lc. 50- 1306.A, and must be formally vacated through the standard process. .-- ..-.- All easements not specifically vacated shall remain intact. SURROUNDING USES North - Rural land and existing rural residences, zoned RUT (Ada County), and Cobre Basin Subdivision, zoned R-4, South - Heritage Commons Subdivision, zoned R-8 and L-O. East - Locust Grove Road and Education Campus Subdivision, zoned R-4. West - Future phase of Sundance Subdivision, zoned R -8. OWNERS OF RECORD The owners of record of the land on which the proposed easements to be vacated is Brighton Investments, 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-O5-006) None. V AC-05-006 Quenzer#9.V AC Planning & Zoning Commission/Mayor & City Council July 7,2005 (P&Z Meeting Date) Page 3 RECOMMENDATION Staff recommends approval of application V AC-05-006 as requested. VAC-05-006 Quenzer#9,VAC AFFIDAVIT OF POSTING RECEIVED JUN 2 3 2005 CITY OF MERIDIAN CITY CLERK OFFICE STATE OF IDAHO ) ) § ) COUNTYOF ADA I, Mike Arnold, Premier Siqns. Inc. 2100 E. Fairview Avenue. Suite 7 (name) (address) 855-0380 (phone) Meridian (city) Idaho (state) , being first duly sworn upon oath, depose and say: I personally posted the subject property with the hearing notice sign 10 days prior to the public hearing for the Vacate E. Herons crossing Lane and vacate Meridian City Sewer easement for Quenzer Commons Subdivision No.9. Dated this 07 day of July ,2005 YÄs~ SUBSCRIBED AND SWORN to before me the day and year first above written. - - - ./ RUTH 2l~HORIK NOTARY PUBLIC STATE OF IDAHO . . . .. .. ". -.r Master\affi d -posting 1