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HomeMy WebLinkAboutMeridian Creamery VAC V AC 05-01 0 MERIDIAN PLANNING & ZONING MEETING APPLICANT Zeke Johnson July 21, 2005 ITEM NO. 5 REQUEST Recommendation -- Request to vacate 16 foot right of way easement on Lots 1-9, Block 1 of the amended plat of the Townsite of Meridian for Meridian Creamery 27 East Broadway Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached staff report CITY POLICE DEPT: CITY FIRE DEPT: .rj #' CITY ATTORNEY 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: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: contacted:'~ r,jD~) r-....... Emailed: Date: 7 ~ { C( 1J'S Phone: ~~ '1 -- J Lf (!) IlI\~ Staff 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 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle ChMlesM. RounITee ""\<. "t. '" ',' V ~ IDAHO l~ ~ /1" q:», Q? ~r¡. JJõ'/ ~~.,".CI , I 1903 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: July 14, 2005 P & Z Meeting Date: July 21, 2005 To: Planning & Zoning Commission, Mayor and City Council Josh Wilson, Associate City Planne..J¿ Michael Cole, Development Servills Coordinator ,.., c::... From: Re: Creamery Property Request for Vacation ofa 16-footright-of-way easement on Lots 1-9, Block 1 of the Amended Plat ofthe Townsite of Meridian, by Zeke Johnson (File No. VA C-O5-01 0). 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, Zeke Johnson, has requested the City's consent to vacate a right-of-way easement on Lots 1-9, Block 1 ofthe amended plat of the Townsite of Meridian. The subject easement lies to the south ofthe existing alley and was deeded to the City of Meridian by Instrument Nos. 269578 and 269580. The easement is an unused right-of-way to benefit the City of Meridian, and does not contain any City owned utilities. The subject properties are located on the south side of Broadway Avenue, between Meridian Road and Main Street, at 27 E. Broadway Avenue. 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.), right of way easements are not specifically exempt under 1. C. 50-13 06.A, and must be formally vacated through the standard process. All easements not specifically vacated shall remain intact, induding but not limited to the City of Meridian sewer easement located to the north of the easement being vacated. SURROUNDING USES North - Broadway Avenue and Farmers and Merchants State Bank, zoned a-To South - Union Pacific Railroad tracks and industrial properties, zoned 0- T. East - Zamzow's feed mill, zoned a-To West - Meridian Road and various properties, zoned 0- T. VAC-05-010 Creamery.VAC --.- ...-..--.-- -. --...-- ..-.. - .- -- -- -....----------.- - ...-..... - - - - Planning & Zoning Commission/Mayor & City Council July 7,2005 (P&Z Meeting Date) Page 2 OWNERS OF RECORD The owner of record of the land on which the proposed easement is to be vacated is the Amyx Family Limited Partnership, and Don Amyx has submitted notarized consent for the Zeke Johnson to submit the application. 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-O5-010) None. RECOMMENDATION Staff recommends approval of application V AC-05-0 1 0 as requested. VAC-05-010 Creamery. V AC ..-- -. -. -- -- - .--.-...-.- , . - --... - HU--. - , - - .-.--..----