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Home My WebLink AboutHonor Park VAC V AC 05-008 MERIDIAN PLANNING & ZONING MEETING July 7, 2005 APPLICANT Franklin / Stratford Investments, LLC ITEM NO. 7 REQUEST Recommendation: Vacation of platted utility easements of Lots 16, 17, 21-27, Block 2 of Honor Park Subdivision No.3 - south of East Franklin Road and west of Stratford Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Staff Comments ~~~~ ~~ U\U ~ 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: No Comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ,-- Emailed: Date: 1 O~ Phone: S ?S-o~36 . net St¿;ff Initials: ~ Materials presented at public meetings shall become property of the City of Meridian. ; MAYOR Tammy de Weerd "'.. ',<., CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine DOlmen ShaUll Wardle ChMlcsM.Rounù~e '" '" \' ~ ~ þ} '-Ç : r SINcr . 1903 LEGAL DEPARTMENT (208) 888-4433 - FAX 887-4813 ~ IDAHO ~ ('" ~~(.ì¡ ... ~~~y~ PLANNING AND ZONING DEPARTMENT (208) 888-5533 - Fax 888-6854 To: STAFF REPORT: Transmittal Date: July 5, 2005 P & Z Meeting Date: Jul~ 7, 200~ .. - -:-\ -', PI . & . C .. d . . 'R' 'E~.. (~E 1'l f£, 1J anrung ZonIng OtnIlliSSlOn, Mayor an CIty CouncIl'., '.': '\,"", -.' -' ,110 '} ~ 2005 Brad Hawkins-Clark, Principal City Planner~L .;;, I-.. I .1. M'k 1 1 . M "'t OfM?':"idi~\J:!, I e Co e, Deve opment ServIces Coordinator r., G \:::,~tY C'1e'rk~Off1ee 1jl;Y . From: Re: Honor Park Subdivision No.3 Request for Vacation of the Five-Foot Drainage, Pressure Irrigation, Public Utility, Construction and Maintenance Easement Adjacent to all Lot Lines Not Fronting a Public Street or Private Road in Honor Park Subdivision No.3, by Franklin/Stratford Investments, LLC (Robert Russell) (File No. V AC-O5-008). We have reviewed this submittal and offer the following comments, as conditions of the Applicant. These conditions shall be considered in full, unless expressly mod(fied or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The Applicant, Franklin/Stratford Investments, LLC, requests the City of Meridian's consent to vacate platted easements in Honor Park Subdivision No.3. The subject subdivision is located at the southwest comer ofE. Franklin and S. Stratford. There are nine existing easements to be vacated, as depicted on the exhibit in the application. All ofthe easements were created via the original plat for the purpose of drainage, pressure irrigation, public utility, construction and maintenance. While the application does not state the reason for the vacation, it is staffs understanding that the applicant desires more flexibility to locate buildings and adjust lot lines for future development. The Applicant owns nine of the 17 building lots in Honor Park Subdivision No.3. The vacation request applies to the interior lot lines within each ofthose lots. Two ofthe nine lots (Lot 27 and Lot 16, Block 2) propose to vacate five-foot easements which abut matching easements on lots the Applicant does not control (Lot 28 and Lot 12, Block 2). Vacating the five-foot easements on these two lots would result in a single five-foot easement remaining on Lots 28 and Lot 12 (versus the standard ten-foot wide easement). While this may not pose a problem for these adjacent lots, we question the need to vacate these two easements, especially since lot line adjustments are unlikely in these two locations. Staff is recommending the easements on the south side of Lot 16 and the west side of Lot 27. Block 2 remain intact and not be vacated at this time. We also request the Applicant address his understanding of the purpose of the "construction and maintenance" portion of the platted easements at the Commission and City Council meetings. The Applicant has provided proof of relinquishment of the easements by Cable One, Qwest V AC-05-008 HonorParkNo.3.VAC Planning & Zoning Commission/Mayor & City Council July 7,2005 (P&Z Meeting Date) Page 2 ConImunications, N amp a & Meridian Irrigation District, and Intennountain Gas Company. The Ada County Highway District also submitted a letter of no opposition. However, Idaho Power Company has not provided consent for any of the proposed easement vacations. 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, maintenance 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. SURROUNDING USES North - E. Franklin Road and C-G (General CotnIllercial) and I-L (Light Industrial) uses South - Warehouse and light manufacturing uses within Honor Park Subdivision, zoned C-G (Commercial) East - S. Stratford Drive and Meridian Cemetery, zoned RUT (Ada Co.) West - Storey Park (baseball/softball diamonds), zoned C-G (CotnIllercial) OWNERS OF RECORD The owner of record of the lots on which the proposed easements to be vacated is Franklin/Stratford Investments, LLC. Robert Russell, Manager, has provided notarized consent for Tealey's Land Surveying to submit the application. SPECIAL CONSIDERATIONS 1. Process: The Subdivision and Development Ordinance (Title 12), Chapter 10, requires the Planning & Zoning CotnIllission to review and make a recotnIllendation on Vacation applications. A public hearing is then required before the City Council. CONDITIONS OF APPROVAL (V AC-O5-008) 1. Applicant shall submit a relinquishment letter for the proposed vacations from Idaho Power Company prior to the City Council hearing. 2. The five-foot easements located on the south side of Lot 16, Block 2 and the west side of Lot 27, Block 2 are not approved and shall remain as currently platted. RECOMMENDATION Staff recotnIllends approval of application V AC-05-008, with the conditions as noted above. v AC-05-008 Honor Park No3.VAC Jun.29. 200511:05AM No. 1532 P. 1 eeo E. Wateftower Ln., Sm. 202 Meridian, ID 83642 PhDne: (208)B84.5533 Fax: (208)88Bæõ4 CITY OF MERIDIAN Planning & Zoning To; Clem FrDmr sonya Allen Fax: 88&04218 Dat8 6129105 Phonøt Pages: 4 (Including cover) R. Honor Pam No. 3 VAC CC: [J Urgeftt C Far II8¥I8w [J Please Camment C ...... Reply 0 PIeue ReqcIe . CGmmenbs Please Include - re18.. In the file far tN8 prGjKt (VAc.os.ooa). 1banIc8I JUN 29 '05 12:25 PAGE. 01 JurJun.29. 20051:11: 05AM TEALEY'S LAND SURVEYING 2083850686 No, 1532 P. 2 p. 2 ,..J ~- ~ ~.-i-"""'l-1i!l~ ~ Right-of- Way & Development Department Planning Review Di"'ision tk-.JJerut7fó ~ June 22, 2005 TO: Franklin/Stratford Investments, LLC Robert A. Russell 858S E Hartford Dr., Suite 500 Scottsdale, AZ 85255 SUBJECT: MY AC-OS-OOS Vacate Utility Easement Honor Park No.3 The Ada County Highway District has no objection to the vacation of the platted utility easement of lots 16, 17,21 -27. block 2 for Honor Park Subdivision No.3. If you have any questions, please feel ftee to contact me at (208) 387..6171. K~ A ~~ Karen Anderson Pl&nner I, Planning Division Right-oi-Way and Development Services cc: Project File, Construction Services Meridian City Tealey's Land Surveying 2501 Bogus Basin Road Boise, ID 83702 ; -( )1 :1 I!.. .:'" I -" "';; Ada County HigJ1way Distriçt. 3775 Adams Street. Carden City, JD' B:J7I4. PH 208-387-6100' F)( 345.7650' www.achd.ada.id.us JUN 29 '05 12;25 PAGE. 02 JuIJun.29. 2005) 11: 05AM TEALEY'S LAND SURVEYING 2093850696 No. 1532 P. 3 p.3 ~&~1~2?~ 1503 FIRST SnEEr SOU1H NAMPA, IDAHO 83651 '4395 FAX # 20a..i63-0092 24 JWle, 2005 phones: Area code 208 OFFICE: Nampa .466.7861 SHOP: Nompo J66.0663 Jay TeaJey's Land Surveying 2501 Bogus Basin Rd. Boise ID 83102 RE: EasemeDt Vacation HoDor Park Subdivision No. 3fI'LS Project: 2829 Dear Jay: This is to acknowledge receipt of your fax dated June 13,2005. Nampa & Meridian lITigation Distriot has no c.omment concerning the vacation. of easement shown in your fax provided none of the District's pressure ixrigation line easements ate impacted. Sincerely, /1#¡I~ Bil1 Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: A. Damberger File-Office/Shop ,rip,', A?PRO)l;IMA,e IRRlGA&LE AC;¡E~ ill\r;R ~LOW RIGHTS. 23.000 BOIS: ?1ìOJ:::CT RIGHTS. ":0,000 JUN 29 '05 12:25 PAGE. 03 J . :J~! olfe;;dl!~'\ TRANSMITTALS TO AGENCIES FOR COMMENTS ON A IDAHO .~DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN '* ß Q. v ~b¡ 6\'TRE^SUREV^'-'-'" ¡I",;fo insure that your comm n r will be considered by 903 the Meridian Planning . i . n lease submit your comments and mmendations to n City Hall JU~! í'; """'., " 1'( ',..".. Attn: Will Berg, City Clerk, by: June 30 2005 Transmittal Date: June 16, ~5Y OF j\,~~p~ 05ROO8 Hearing Date: July 7, 2fi~T~ wATER DE1Jrl~ Request: Recommendation: Vacation of platted utility easements of Lots 16, 17, 21R27, Block 2 for Honor Park Subdivision No.3 ," MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234/ fax 895-0390 Pa.rks & RecreatiOTl 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Water 2235 N.w. 8th Street 888-5242/ fax 884-1159 By: Franklin I Stratford Investments, LLC Location of Property or Project: south of East Franklin Road and west of Stratford Drive - David Zaremba (no FP) - David Mae (no FP) - Wendy Newton-Huckabay (No FP) - Michael Rohm (No FP) - Keith Borup (No FP) - Tammy de Weerd, Mayor - Charlie Rountree, CIC - Christine Donnell, CIC Keith Bird, CIC = Shaun Wardle, C/G Water Department KSewer Department - Sanitary ServiceS(No VAR, VAG, FP) - Building Department - Fire Department - Police Department City Attorney = City Engineer ~ City Planner - Parks Department Your Concise Remarks: - Meridian School District (No FP) Meridian Post OffiCe(FP/Pp only) Ada County Highway District == Ada County Development Services Central District Health - Nampa Meridian Irrig. District == Settlers Irrig. District - Idaho Power CO. (FP,PP,CUP) Qwest (FP/PP only) -Intermountain Gas (FP/PP only) == Bureau of Reclamation (FP/PP only) - Idaho Transportation Dept. (No FP) - Ada County Ass. Land Records - Meridian Development Corp. Historical Preservation Comm. ',~ ~ ¡{~......,Ct 1 ,'\ T;1ì IUN",' '. 2005 .--~~.~-,f :_'<;-~~=)'i~:~;~. , "' CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY I HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper RECEIVED 1/1 JUN 2 7 2005 City of Meridian City Cltrk Office ~&~1~?)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 23 June, 2005 phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 William G. Berg Jr., City Clerk City of Meridian ,--' '- '-' -..--_¿I.ß~lIdahQ_,ð,\f~-,,---~..~ - ---' - ---~'---------"---~---'----"---"--'--'---""-------- Meridian, ill 83642 -,- ----,-------- ,---- RE: V AC 05-008/Honor Park Subdivision No.3 Dear Will: Nampa & Meridian lITigation District has no comment on the above referenced application for Vacation of platted utility easements of Lots 16, 17, and 21-27, Block 2 for Honor Park Subdivision No.3 provided they do not impact the pressure irrigation system. Sincerely, fózU¡J~ Bill Henson Asst. Water Superintendent Nampa & Meridian lITigation District BWdbg c: A. Damberger File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000