HomeMy WebLinkAboutSteel Ventures VAC-05-011
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter-of the Request for Vacation of a ACHD owned alley adjacent to Lots 1-9 and
22-30, Block 1 of the Amended Plat of the Townsite of Meridian, by Zeke Johnson.
Case No(s). V AC-05-011
For the City Council Hearing Date of: August 16, 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 external 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 September 6, 2005,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments 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
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O5-017- PAGE 1
verified that the property owner(s) of record at the time of issuance of these
findings is Amyx Family Limited Partnership.
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, firm, association, corporation or other legally recognized form 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, firm, association, corporation or other
legally recognized form of business desiring to vacate a plat or any part thereof which is
inside or within one (1) mile ofthe boundaries 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 names 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 return
receipt, at least ten (10) days prior to the date of public hearing to all property owners
within three hundred feet (300') ofthe boundaries ofthe 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 intennent, 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 forth herein have been
fulfilled, the city council may grant the 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 (1), (2), (3) and (5)}
4. Pursuant to Meridian City Code §§ 12-10-1 A and Band 12-10-2 A and B it provides as
follows:
12-10-1
APPLICATION PROCEDURE:
1. 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O5-017- PAGE 2
2. Administrator Action: Upon receipt ofthe 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 acceptance.
12-10-2
COMMISSION AND COUNCIL ACTION:
1. Commission Recommendation: The Commission shall review the request and all agency
responses and make a recommendation to the Council for either an approval, conditional
approval, or denial.
1. Council Action:
1. Hearing; 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
furnished assuring the construction, prior to acceptance of the dedication. To complete
the acceptance of any dedication of land, the owner shall furnish to the Council a deed
describing and conveying such lands to be recorded with the County Recorder.
2. 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 (I.C. §67-6503).
3. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
4. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-17-9.
5. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
6. It is found public facilities and services required by the proposed development will not
impose expense upon the public ifthe condition(s) of approval included herein are
imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC.O5-017- PAGE 3
7. 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 Department and
any affected party requesting notice.
8. The Applicant is requesting the vacation ofthe following existing recorded right-of-ways
described below:
a. ACHD owned alley adjacent to Lots 1-9 and 22-30, Block 1, of the Amended Plat
of the Townsite of Meridian.
9. The Applicant is requesting the vacation ofthe easements so that owners may not be
encumbered by non-utilized easements.
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. ACHD owned alley adjacent to Lots 1-9 and 22-30, Block 1, ofthe Amended Plat
of the Townsite of Meridian.
2. The City Clerk shall cause a copy ofthis order to be served upon the affected utility
holders, and the petitioner, Public Works, Planning and Zoning Departments, and the
City Attorney's office.
3. The City Clerk shall cause a certified copy of this 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
concerning 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 governing 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O5-017- PAGE 4
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
cfb~le-~ , 2005.
fp-lf.-
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED--þ
VOTED--þ
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED fr¿ ~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
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William G. Berg, Jr.,
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
BY~ ~ ti;W
City Clerk's Office
Dated:~~(f;
CITY OF MERIDIAN FINDINGS Of fACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). v AC.O5-017- PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
City Council Hearing
Hearing Date: 9/6/2005
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FROM:
SUBJECT:
City Council
Josh Wilson, Associate City Planner \~;.. LMHC'
Michael Cole, Development Services Coordinator ,:~.,
Meridian Creamery Property
. V AC-05-011
Vacation of ACHD alley through the center of the property
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting that
the City of Meridian consent to the vacation of a portion of an ACHD owned alley on the fonner
Meridian Creamery Property between Meridian Road and Main Street, south of Broadway Ave.
The portion of the alley to be vacated lies adjacent to Lots 1-9 and Lots 22-30, Block 1 of the
Amended Plat of the Original Meridian Townsite. As part of the application with ACHD to
vacate the alley right-of-way, the applicant must obtain written consent from the City Council of
the respective city, which in this case is Meridian.
2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING
.
On August 16, 2005, 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: Josh Wilson presented the application.
.
.
No public testimony was provided.
Key Commission Changes to Staff Recommendation: None.
Outstanding Issues for City Council:
.
.
0 Bond for relocation of City sewer main: The Public Works Department has received the
required bond in the amount of $74,000 for relocation of existing City sewer mains in
the alley, satisfying Site Specific Condition of Approval 2.1.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
27 E. Broadway / SE Comer of Meridian Road and Broadway Ave.
b. Owner:
ACHD
3775 Adams Street
Garden City, Idaho
c. Applicant:
Zeke Johnson
Steel Ventures
1854 E. Lanark
Meridian, Idaho, 83642
83714
d. Representative: Zeke Johnson, Steel Ventures
V AC-05-011
PAGEl
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
e. Present Zoning: OT
f. Present Comprehensive Plan Designation: Old Town
4. PROCESS FACTS
a. 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.
b. Newspaper notifications published on: August 15,2005 and August 29, 2005
c. Radius notices mailed to properties within 300 feet on: August 12,2005
d. Applicant posted notice on site by: August 24, 2005
5. LAND USE
a. Existing Land Use(s): Abandoned Industrial property/ ACHD right-of-way
b. Description of Character of Surrounding Area: Downtown core- a mix of residential,
commercial, and light industrial properties.
c. Adjacent Land Use and Zoning
1. North: Broadway Avenue and Fanners and Merchants State Bank, zoned O-T.
2. East: Zamzow's feed mill, zoned a-To
3. South: Union Pacific Railroad tracks and industrial properties, zoned a-To
4. West: Meridian Road and various properties, zoned O-T
d. History of Previous Actions:
V AC-05-010
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
In the Alley that is being vacated.
None affected.
Issues or concerns: A sewer main is located in the alley that is being
vacated. Public Works needs assurances that this facility can be protected or
relocated.
2. Vegetation: NA
3. Flood plain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: NA
6. Proposed Zoning: NA
7. Size of Property: 0.10 acres
8. Description of Proposed Use: No fonnal future development plans are proposed at
this time, but the applicant has indicated to City staff that they would like the
alley vacated for possible future construction of a large building which would
cover the existing alley.
6. ZONING ORDINANCE
V AC-05-011
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
a. Zoning Schedule of Use Control: NA
b. Purpose Statement of Zone:
c. General Standards:
MCC 12-10-2.C states "County Highway District Approval: Vacations and dedications of
rights of way for public streets must be in conformity with the policies of, and approved by,
the Ada County Highway District."
d. Specific Use/Application Standards: NA
7. COMPREHENSIVE PLAN POLICIES AND GOALS
Plan Policies and Goals relevant to the subject application:
Chapter V Goal II: Ensure that downtown is the vital center of the community.
Objective A: Support redevelopment of Old Town.
Chapter V Goal II Obj ective A Action 11. Adopt policies that will promote the downtown district
as a prime location for a mixed residential/commercial living opportunity.
Staff finds the following Comprehensive
7. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
4. Vacation: Staff finds that the vacation of the alley will promote the continued
redevelopment and revitalization of the downtown core and will promote the best
interests of the City of Meridian.
b. Staff Recommendation: Staff recommends approval of the subject Vacation application.
8. PROPOSED MOTION
Approve
I move to approve File Number V AC-05-011 as presented in the staff report for the hearing date
of September 6,2005.
Deny
I move to deny File Number V AC-050-01l as presented in the staff report for the hearing date of
September 6, 2005, for the following reasons: (you must state specific reasons fof denial. They should
address how the applicant might re-do the application to gain your approval.)
9. EXHffiITS
A. Drawings
1. Sketch of area to be vacated
B. Conditions of Approval
1. Planning Department
2. Public Works Department
C. Legal Description
V AC-05-011
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Sketch of area to be Vacated:
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. Planning Department
a. None
2. Public Works Department
2.1 The applicant shall submit a bond or letter of credit to the City of Meridian Public
Works Department in the amount of $74,000 prior to the application being heard by
City Council. The surety is required to ensure that the City's sewer facilities will be
relocated as necessitated by the applicant's development of this property.
2.2 The applicant shall install all mains necessary to ensure existing serviceability, and
shall coordinate main size and routing with the Public Works department. Applicant
shall execute City of Meridian standard forms of easement for any mains that are
required.
B-1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
legal Description
Alley Vacation
A parcel being part of the alley adjacent to lots 1 through 9 and Lots 22 through 30
of the Amended Plat of Block No.1 of the Townsite of Meridian as shown in Book 2
of Plats on Page 61 in the office of the Recorder, Ada County, Idaho, and being
located in the SW 1/4 of Section 7 of Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and more particularly described as follows:
Commencing at a brass cap monument marking the northwest corner of said SW 1,4
(',4 Corner), from which a brass cap monument marking the southwest corner of said
SW ',4 (Section Corner) bears S 0 "'17' 15" W a distance of 2652.58 feet;
Thence S 0 "'17' 15" W along the westerly boundary of said SW 1,4 a distance of
866.45 feet to a point; -
Thence leaving said westerly boundary S 89"'48'49" E a distance of 40.00 feet to the
northwest corner of said Lot 1 of the Amended Plat of Block No.1 of the Townsite of
Meridian and the POINT OF BEGINNING;
Thence N 0 °11'15" E along the easterly right of way of N. Meridian Road a distance
of 16.00 feet to a point marking the southwest corner of said lot 30;
Thence S 89°48'49" E along the southerly boundary of said Lots 22 through 30 a
distance of 266.13 feet to a point marking the southeast corner of said Lot 22;
Thence S 0 °17'15" W a distance of 16.00 feet to a point marking the northeast corner
of said lot 9;
Thence N 89 °48'49" W along the northerly boundary of said Lots 1 through 9 a
distance of 266.13 feet to the POINT OF BEGINNING.
This parcel contains 0.10 acres (4,258.07 square feet) and is subject to any
easements existing or in use.
Clinton W. Hansen, PlS
Land Solutions, PC
July 20,2005
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