HomeMy WebLinkAboutBonito Sub Vacation VAC-05-012
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of the Request for Vacation of an Irrigation Easement on Lot 2 Block 1
Bonito Subdivision, by William David Evans.
Case No(s). V AC-05-012
For the City Council Hearing Date of: October 11, 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 October 11, 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 DEClSION & ORDER
CASE NO(S). V AC-O5-012- PAGE 1
verified that the property owner(s) of record at the time of issuance of these
findings is Dave Evans Construction, William David Evans.
B. Conclusions of Law
1. Easements shall be vacated in the same manner as streets. {I.C. § 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 abandomnent or vacation shall be accomplished pursuant to the provisions of
Chapter 13, Title 50 Idaho Code {I.C. § 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 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') 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 ofthe 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 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. {I.C. § 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-O5-012- 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.
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 II 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.
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 of the following existing recorded easement
described below:
a. An easement lying on Lot 2 Block I Bonito Subdivision as shown in Exhibit A in
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSlONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-O5-012- PAGE 3
the attached staff report
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:
I. The petition requesting the vacation of the following existing recorded easements is
hereby granted:
b. An easement lying on Lot 2 Block 1 Bonito Subdivision as shown in Exhibit A in
the attached staff report
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 ofthe governing body ofthe 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
t)cft;~ ,2005.
11./'& day of
COUNCIL MEMBER SHAUN WARDLE
VOTEDþ
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-O5-012- PAGE 4
COUNCIL MEMBER CHRISTINE DONNELL
VOTED fl6S'.e,J--
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED -#-~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
-
Attest:
and City Attorney.
B y~ À UJI,L.
City Clerk's Office
Dated: --'0::.13 ~('6
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O5-0 12- PAGE 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
. -'--
- - SUBJECT:
STAFF REPORT City Council Hearing .~.
H~aring Da~e: October 11, 2005 ,IT.., If i~ ,'¥'. I
TO: --------- CltyCounctJ ~rlditfn I; ;~,
FROM: '-Jo£~p?- Guenther, Associate City Planner \... UMIO j?
Michaeféõre;-Development Services Coordinato \~!"""/
'. "'-'.."."...t..."".IS",,"1-~',-^¿ .
Bonito Subdivision Iirigation Vacation 'w,
. VAC-05-0l2
.------
Vacate irrigation easement between Lots 2 and 4 of Bonito Subdivision.
1.ßIJMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting that
...........--4he City of Meridian consent to the vacation of an irrigation easements recorded as part of Bonito
.- Subdivision. The irrigation easement has been relocated east ofthe easement to accommodate
development.
2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING
.
On September 13, 2005, the Planning & Zoning Commission made a recommendation for
approval on the subject application, as reflected in the Clerk's record and the 11Únutes and dilly
considered the evidence and the record in this matter.
Staff presenting application: Joe Guenther presented the application.
.
.
No public testimony was provided.
It was verified that all easements were recorded and Nampa Meridian Irrigation District
sub11Útted the relinquislunent of the portion of the easement to be vacated.
Key Commission Changes to Staff Recommendation: None.
.
.
.
Outstanding Issues for City Council:
0 None.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3041 E. Copperpoint Drive
3NIE20
b. Owner:
William David Evans
5561 N. Glenwood, Boise ill
c. Applicant:
Dave Evans Construction
5561 N. Glenwood, Boise ill
d. Representative: Tim Mokwa, Tootlunan Orton Eng.
e. Present Zoning: C-G'
, f. Present Comprehensive Plan Designation:
4. PROCESS FACTS
a. The subject application will in fact constitute a vacation as detennined by City
Ordinance. By reason ofthe provisions ofthe Meridian City Code Title 12 Chapter 10, a public hearing is
required before the City Council on 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 5, 2005
d. Applicant posted notice on site by: August 23, 2005
Mixed Use Regional
Bonito Sub Vacation
VAC-O5-0012
PAGEl
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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: Bonito Subdivision zoned C-C/C-G.
2. East: Bonito Subdivision zoned C-G
3. South: Ridenbaugh Canal, Thousand Springs Subdivision, R-4
4. West: Bonito Subdivision zoned C-G
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Issues or concerns:
Western boundary of project in common drive.
Western boundary of project in common drive.
Need new easements prior to vacating the existing
easements.
2. Vegetation: NA
3. Flood plain: NA
4. Canals/Ditches Irrigation: Ridenbaugh Canal, south of site
5. Hazards: NA
6. Proposed Zoning: C-G
7. Size of Property: NA
8. Description of Use: Future commercial development
8. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. An existing easement was recorded with Bonito Subdivision for access and pipes to
the existing irrigation/pump house facility, the property has been re-subdivided as
Bonito #3 Subdivision and the access points were relocated 20 feet east of the lot line
of Lot 2 Block 1 of Bonito Subdivision. Staff finds that the vacation of the easements
will promote the continued development of the site and will promote the best interests
of the City of Meridian.
b. Staff Recommendation: Staff recommends approval of the subject Vacation application.
9. PROPOSED MOTION
Approve
I move to approve File Number V AC-05-012 as presented in the staff report for the hearing date
of October 11, 2005.
Deny
I move to deny File Number V AC-050-012 as presented in the staff report for the hearing date of
October 11, 2005, for the following reasons: (you must state specific reasons for denial. They should
address how the applicant might re-do the application to gain your approval.)
11. EXHffiITS
A. Drawings
1. Areas to be vacated, with new irrigation easement shown.
B. Conditions of Approval
Bonito Sub Vacation
V AC-05-0012
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884~5533
1. Planning Department
2. Public Works Department
Bonito Sub Vacation
V AC-05-0012
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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EXHIBIT "a"-
PROPOSED ./ltRlOATlOH E'ßEWENt VACATION
ÞROf'OSED NEW IRRIGATION fASQ1ENTs
SITUATED IN
LOT 2. BLOCK 1. SONITo SUBDIVISION
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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-1