HomeMy WebLinkAboutMarce Subdivision VAC-05-015
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of the Request for Vacation of City Water and Sewer Easements recorded as
Instrument Nos. 103105409, 102156663, and 103007935, by James R. Wylie.
Case No(s). V AC-05-015
For the City Council Hearing Date of: September 27, 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 27,2005,
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
ofthe 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.O5.0 IS. PAGE 1
verified that the property owner(s) of record at the time of issuance ofthese
findings is James R. Wylie.
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 of the 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 ofthe
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 interment, or in
the case of a cemetery being within three hundred feet (300') of another plat for which a
vacation is sought, publication ofthe 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.O5.0 IS. PAGE 2
2. 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 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
bylaw.
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 (LC. §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 if the 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.OS.O IS. 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. City Water and Sewer Easements recorded as Instrument Nos. 103105409,
102156663, and 103007935.
9. The Applicant is requesting the vacation of the 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. City Water and Sewer Easements recorded as Instrument Nos. 103105409,
102156663, and 103007935.
2. The City Clerk shall cause a copy of this 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.OS.OI5. 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
~fJ ft!;;vbvv , 2005.
2 7~ day of
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
VOTED ~
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED ~
-
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
By: Jcu. 0. ~ wY\.-
City Clerk's Office
Dated: £1-2.B-OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC.OS-OlS. PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
STAFF REPORT
P & Z Commission Hearing ~~
Hearing Date: 9/1/2005 ~t~~&'¡.,
~D .r-I1Y' ',nl¡~
Planning & Zoning Commission \..-/)/LtJ~ijl-dn -:; ';',
Josh Wilson, Associate City Planner U,\HU;'
\(. )-
Michael Cole, Development Services Coordinator"!;(_,\-;.--,/
'--f(t,I"" 1._.__--,,-,-_._,~"'J.r~,,;:.:;.'- - '
-- ~;¿:
TO:
FROM:
SUBJECT:
Marce Subdivision Vacation
. V AC-05-015
Vacate city water and sewer easements recorded as Instrument Nos.
103105409, 102156663, and 103007935.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting that
the City of Meridian consent to the vacation of water and sewer easements recorded as part ofKrispy
Kreme Subdivision, which has recently been re-subdivided as Marce Subdivision.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on September 1, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: None.
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: Michael Cole.
b. Key Issues of Discussion by Commission:
i. None.
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. The applicant has submitted new easements to the Public Works Department that
accurately depict and protect the existing facilities, satisfying Condition 2.1.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3070 Fairview Ave.
3NIE8
b. Owner:
James R. Wylie
1676 N. Clarendon Way
Eagle, Idaho 83616
c. Applicant:
James R. Wylie
1676 N. Clarendon Way
Eagle, Idaho, 83616
d. Representative: Scott Stanfield, Earl, Mason, & Stanfield
<File Numbers To Be Added By Planner>
PAGE 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
e. Present Zoning: I-L
f. Present Comprehensive Plan Designation:
4. PROCESS FACTS
Commercial
a. The subject application will in fact constitute a vacation as detennined by City
Ordinance. By reason ofthe provisions of the Meridian City Code Title 12 Chapter 10, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: September 12, 2005 and September 26,2005
c. Radius notices mailed to properties within 300 feet on: September 5, 2005
d. Applicant posted notice on site by: September 22, 2005
5. LAND USE
a. Existing Land Use(s):
Vacant, proposed for commercial development
b. Description of Character of Surrounding Area: A mix of existing and future commercial uses
c. Adjacent Land Use and Zoning
1. North: Krispy Kreme Donuts, zoned I.L.
2. East: Red Robin restaurant, zoned I-L.
3. South: Commercial developments, zoned I-L.
4. West: Treasure Valley Business Center Subdivision, zoned I-L.
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Western boundary of project in common drive.
Western boundary of project in common drive.
Issues or concerns: Need new easements prior to vacating the existing
easements.
2. Vegetation:
NA
3. Flood plain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: NA
6. Proposed Zoning: I.L
7. Size of Property: 1.84 acres
8. Description of Use: Future commercial development
8. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. An existing easement was recorded prior to installation of water and sewer facilities.
The utilities were redesigned and render the existing easement unnecessary. Staff
finds that the vacation of the easements will promote the continued development of
<File Numbers To Be Added By Planner>
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
the site and will promote the best interests of the City of Meridian.
9. PROPOSED MOTION
Approve
I move to approve File Nwnber V AC-05-015 as presented in the staff report for the hearing date
of September 27,2005.
Deny
I move to deny File Nwnber V AC-05-015 as presented in the staff report for the hearing date of
September 27,2005.
11. EXHmITS
A. Drawings
I. Areas to be Vacated
B. Legal Description
C. Conditions of Approval
I. Planning Department
2. Public Works Department
<File Numbers To Be Added By Planner>
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Areas to be Vacated
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.SS33
B. Legal Description
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TEI.LI'}lO~I:: (208) 454-0256
F A.X: (20M) 454-0979
Email: rgraYC4.:emand".nCI
FOR: Renny Wylie
JOB NO,: AP0305
DATE: April 14,2005
RE: Marce Subdivision
PROPERTY DESCRIPTION
A parcel ofland being a resllbdivision of Lot J Block 1, and a portion of Lots 3 and 4 Blockl of
Krispy Kreme Subdi\'isioll as on file in Book 88 of Plats at Pages 10,167 through 10,169 in the
Office of the Recorder of Ada County, Idaho Said parcel located in the NE 1/4 of Section 8,
Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more
particularly described as follows:
Commencing at the 1\E corner of said NE 1/4, (section comer common to sections 4, 5, 8 and 9),
said comer mol1umented with a brass disk;
Thence S. (¡¡o 08' 45" W., a distance of 155.50 feet along the easterly boundary of said NE J/4 to a
point;
Thence N. 90° 00' 00" W" a distance of 70.01 feet to a point on the westerly right of way ofl\.
Eagle Road, said point also being on the northerly boundary of said Krispy Kreme SubdiYision and
is molllunentcd with a S/8 inch diameter iron pin;
Thence N. 56° 35' 07" W" a distance of 139,56 feet along the northerJy boundary of said Krispy
Kreme Subdivision to a S/8 inch diameter iron pin;
Thence N 89° 35' IS" W., a distance ofl62.75 feet parallel with the centerline ofFairview Ave.
and along the northerJy boundary of said Krispy Kreme Subdivision to the POINT OF
BEGINNING, said point being the NE corner of said Lot 1 and is monumented with a 5/8 inch
diameter iron pin;
Thence S 0" 24' 45" W.. a distance of 202.00 feet perpendicular with the centerline ofFairview
Ave. and along the easterly boundary of said Lot I to the SW comer of Lot 2 of said Krispy Kremc
Subdivision, said comer momunented with a 5/8 inch diameter iron pin;
Thence S. 89° 35' 15" E., a distance of 46.88 feet parane] with the centerline of Fairview Ave. and
along the southerly boundary of said Lot 2 to a S/8 inch diameter iron pin;
Thence S. 0<' 24' 45" W,. a distance 0£248.00 feet perpendicular with the center1ine of Fairview
Ave. to a point on the southerly boundary of said Lot 3, said point monumented with a S/8 inch
diameter iron pin;
B.l
CITY OF MERIDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
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Marc' Subdiv¡,ion- V""y¡ie-APO3(1~\Sur\'ey\¡~ga¡s\Bou (13n', duo
Thence N. 89° 35' 15" W.. a distance of 199J8 feet parallel WiÙ11he centerline ofFain'jcw Ave.
nnd along the southerly boundary and southerly boundary extended of said Lot 3 to a point on the
weswrly boundary of said Krís¡JY Kreme Subdivision, said point monumented with ¡¡ 5.8 inch
diameter iron pin;
Thence N. 0° 24' 45" E" a distance of 450.00 feet perpendicular with the centerline of Fair,iew
A ,e. and along the westerly boundary of said Krispy Kreme Subdivision to the NW comer of said
Krispy Kreme Subdivision, said comer monumenled with a 518 inch diameter iron pin;
Thence S. 89° 35' 15" E., a distance of 152.50 feet paralld with the centerline of Fairyjew Ave.
and along the northerly boundary of said Krispy KIeme Subdivision to the POINT OF
BEGINNING.
This parcel contains 1 "84 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied,
B.2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533
C. Conditions of Approval
1. Planning Department
No Comments.
2. Public Works Department
2.1 Prior to City Council, the applicant shall submit to the Public Works Department the new
easements that accurately depict and protect the existing facilities.
B-3