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STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENÐATION TO CITY COUNCIL
Project Name:
Honor Park Subdivision #3 (Easement Vacation)
Case No(s).:
V AC-O5-008
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Applicant:
Franklin/Stratford Investments, LLC
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P&Z Commission Date:
July 7,2005
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Recommendation:
Approve
Summary of Public Hearings:
. The Planning & Zoning Commission made a recommendation for approval on the subject
application, as reflected in the Clerk's record and the minutes and duly considered the
evidence and the record in this matter.
. Staff presenting application: Brad Hawkins-Clark. Mike Cole (Public Works Department)
and Bill Nary (Legal Department) commented on the proposed vacation.
.. No public testimony was provided.
Key ComDÙssion Changes to Staff Recommendation:
. None.
Recommended Condition(s) of Approval (as amended by Commission, if applicable):
. None
Outstanding Issues:
. One of the conditions of approval (Condition #1) requires the applicant to submit a
relinquishment letter from Idaho Power Company, prior to the City Council
hearing. As of the print deadline of this memo, staff has not received a
relinquishment letter from Idaho Power Company. In accordance with Condition
#1. staff recommends that the Council not approve the reQuested vacation and
attached Findines of Fact. Conclusions of Law and Decision & Order until the
applicant has submitted a relinQuishment letter from Idaho Power.
CITY O,F MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of the Request for Vacation of the Platted Five-Foot Wide Drainage,
Pressure Irrigation, Public Utility, Construction and Maintenance Easements Adjacent to
all Lot Lines Not Fronting a Public Street or Private Road in Honor Park Subdivision #3,
by Franklin/Stratford Investments, LLc.
Case No(s). V AC-05-008
For the City Council Hearing Date of: August 9, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the extemal boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the August 9,2005, public
hearing(s). The applicant, affected property owners, and govemment subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express COlmnents and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission issued a written recommendation on the
subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC~O5-008 - PAGE 1
a.
]n addition to the application and propeliy facts noted in the staff repOli and the
PlmUling & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is Franklin/Stratford Investments, LLc.
B. Conclusions of Law
1. Easements shall be vacated in the same manner as streets. {LC. § 50-1325}.
2. When a county or highway district desires the abandonment or vacation of any highway,
public street or public right-of-way which was accepted as part of a platted subdivision
said abandonment or vacation shall be accomplished pursuant to the provisions of
Chapter 13, Title 50 Idaho Code {LC. § 40-203 (6)}.
3. Any person, finn, association, corporation or other legally recognized fODl1 of business
desiring to vacate a part of a plat which is inside the boundaries of any City must petition
the City Council to vacate. Any person, persons, finn, association, corporation or other
legally recognized foDl1 of business desiring to vacate a plat or any part thereof which is
inside or within one (1) mile of the boundm-ies of any city must petition the city council
to vacate. Such petition shall set forth particular circumstances of the requests to vacate;
contain a legal description of the platted area or property to be vacated; the nmnes of the
persons affected thereby, and said petition shall be filed with the city clerk. Written
notice of public hearing on said petition shall be given, by certified mail with rerum
receipt, at least ten (10) days prior to the date of public hearing to all property owners
within three hundred feet (300') of the boundaries of the area described in the petition.
Such notice of public hearing shall also be published once a week for two (2) successive
weeks in the official newspaper of the city, the last of which shall be not less than seven
(7) days prior to the date of said hearing; provided, however, that in a proceeding as to
the vacation of all or a portion of a cemetery plat where there has been no intelment, or in
the case of a cemetery being within three hundred feet (300') of another plat for which a
vacation is sought, publication of the notice of hearing shall be the only required notice as
to the property owners in the cemetery. When the procedures set fOlih herein have been
fulfilled, the city council may grant tlle request to vacate with such restrictions as they
deem necessary in the public interest. In the case of easements granted for gas, sewer,
water, telephone, cable television, power, drainage, and slope purposes, public notice of
intent to vacate is not required. Vacation of these easements shall occur upon the
recording of the new or amended plat, provided that all affected easement holders have
been notified by certified mail, return receipt requested, of the proposed vacation and
have agreed to the same in writing. {LC. § 50-1306A (I), (2), (3) and (5)}
4. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (tC. §67-6503).
5. The Meridian City Council takes judicial notice of its Zoning, Subdivision mId
Development Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S)" V AC-O5-008 - PAGE 2
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
6. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-17-9.
7. Due consideration has been given to the comment(s) received ttom the governmental
subdivisions providing services in the City of Meridian planlling jurisdiction.
8. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the condition( s) of approval included herein are
imposed.
9. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Deplliiment lli1d
any affected party requesting notice.
10. The Appliclli1t is requesting the vacation ofthe following existing recorded easements
described below:
a. The Five-Foot Wide Drainage, Pressure Irrigation, Public Utility, Construction and
Maintenance Easements Adjacent to all Lot Lines Not Fronting a Public Street or
Private Road in Honor Park Subdivision No.3.
11. The Applicant is requesting the vacation of the easements so that the platted lot lines may
be adjusted to accommodate requested buildings.
12. 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.
13. Pursuant to Meridian City Code §§ 12-10-1 A and Band 12-10-2 A lli1d B it provides as
follows:
12-10-1
APPLICATION PROCEDURE:
A. Application: Any property owner desiring to vacate an existing subdivision, public
right of way or easement shall complete and file an application with the
Administrator. These provisions shall not apply to the widening of any street which
is shown on this Comprehensive Development Plan, or the dedication of streets,
rights of way or easements to be shown on a recorded subdivision.
B. Administrator Action: Upon receipt of the completed application, the Administrator
shall affix the date of application acceptance thereon. The Administrator shall place
the application on the agenda for consideration at the next regular meeting of the
Commission which is held not less than fifteen (15) days after said date of
CITY OF MERIDfAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S)" V AC-O5-008 - PAGE 3
acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
A. Commission Recolllillendation: The Commission shall review the request and aU
agency responses and make a recommendation to the Council for either an approval,
conditional approval, or denial.
B. Council Action:
I. Hcaring; Notice: When considering an application for vacation procedures, the
Council shall establish a date for a public hearing and give such public notice as
required by law. The Council may approve, deny or modify the application.
Whenever public rights-of-way or lands are vacated, the Council shall provide
adjacent property owners with a quit-claim deed for the vacated rights of way in such
proportions as are prescribed by law.
2. Street Improvements; Bond: When considering an application for dedication
procedures, the Council may approve, deny or modify the application. When a
dedication is approved, the required street improvements shall be constructed or a
bond fumished assuring the construction, prior to acceptance of the dedication. To
complete the acceptance of any dedication ofland, the owner shall fumish to the
Council a deed describing and conveying such lands to be recorded with the County
Recorder.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The petition requesting the vacation of the following existing recorded easements is
hereby granted:
a.
The Five-Foot Wide Drainage, Pressure Irrigation, Public Utility, Constlllction
and Maintenance Easements Adjacent to all Lot Lines Not Fronting a Public
Street or Private Road in Honor Park Subdivision No.3,
subject to the following conditions:
b.
CONDITIONS OF APPROVAL (V AC-05~008)
1. Applicant shall submit a relinquishment letter for the proposed vacations from
Idaho Power Company prior to the City Council hoaÚng action.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O5-008 - PAGE 4
2. The City Clerk shall cause a copy of this order to be served upon the affected utility
holders, and the petitioncr, Public Works, Planning and Zoning Depmiments, and the
City Attomey's office.
3. The City Clerk shall cause a certified copy ofthis order to be recorded with the Ada
County Recorders office.
Notice of Final Action and Right to Regulatory Takings Analysis
D.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
conceming the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the goveming body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O5-008 - PAGE 5
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public \\10rks Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-OS-OO8 - PAGE 6