HomeMy WebLinkAboutPack It Up VAC 02-002ADA COUNTY RECORO£R,.
J, DAVID NAVARRO
2002 JN I I,, PM 3: 2b
RECORDED' RF~,T.~F
10206';378
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/21/02
IN THE MATTER OF THE REQUEST )
FOR VACATION FOR FUTURE STREETS)
WITHIN LOTS 5 AND 6, BLOCK 1,
TIMOTHY SUBDIVISION FOR PACK IT
UP SUBDIVISION, MERIDIAN, IDAHO
PINNACLE ENGINEERS, INC.,
APPLICANT
CASE NO. VAC-02-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF VACATION
FOR FUTURE STREETS
WITHIN LOTS 5 AND 6,
BLOCK 1, TIMOTHY
SUBDIVISION FOR PACK IT
UP SUBDIVISION
This matter coming on regularly before the City Council at its regular meeting
on the 21sT day of May, 2002, at the hour of 6:30 p.m., and Brad Hawkins-Clark
Planner II for the Planning and Zoning Department, and Clint Boyle, appeared and
testified at the hearing, and the Council having received the record from the Planning
and Zoning Commission and its recommendations to the City Council, and no
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 1 of 8
objection having been received malces the following Findings of Fact and Decision
and Order.
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION
CONCLUSIONS OF LAW
1. Streets shall be vacated pursuant to I.C. § 50-1325.
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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 weeLs 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 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
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 2 of 8
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))
Pursuant to Meridian City Code §§ 12-10-1 A and B and ! 2-10-2 A and
B it provides as follows:
12-10-1 APPLICATION PROCEDURE:
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.
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:
to
Commission Recommendation: The Commission shall review the
request and all agency responses and make a recommendation to the
Council for either approval, conditional approval, or denial.
2. 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.
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 3 of 8
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.
According to Meridian City Code § 12-11-2 Variances, the Council may
authorize in specific cases a variance from the terms of either the Zoning
or Subdivision Ordinance. Specifically, the Ordinance lists the
following Findings, all of which must be determined before granting a
variance:
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That there are such special circumstances or conditions affecting
the property that the strict application of the provisions of this
Title would clearly be impracticable or unreasonable. In such
cases, the subdivider shall first state his reasons in writing as to
the specfiic provision or requirement involved; it is found that the
unexpected requirement to vacate "future streets" within the
subdivision is a special circumstance that affects this property in
a manner that would make strict application of MCC 12-3-8
unreasonable.
That strict compliance with the requirements of this Title would
result in extraordinary hardship to the owner, subdivider or
developer because of unusual topography, the nature or condition
of adiacent development, other physical conditions or other
conditions that mal~e strict compliance with this Title
unreasonable under the circumstances, or that the conditions and
requirements of this Title will result in inhibiting the
achievements or the obiectives of this Title, it is found that the
required vacation of the "future streets" prior to signature on the
final plat has delayed the recording of the final plat, malting strict
compliance with MCC 12-3-8 unreasonable.
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 4 of 8
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That the granting of the specified variance will not be detrimental
to the public's welfare or injurious to other property in the area in
which the property is situated, it is found that the requested
variance will not be detrimental or injurious to the public's
welfare or to the other properties in the area.
do
That such will not violate the provisions of the Idaho Code, staff
is unaware of any provisions of the Idaho Code that may be
violated by the issuance of the requested variance.
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That such variance will not have the effect of altering the interest
and purpose of this Title and the Meridian Comprehensive Plan,
it is found that the issuance of a variance for this proiect will not
violate the intent and purpose of the Meridian City Code and the
Comprehensive Plan.
FINDINGS OF FACT
Pinnacle Engineers, Inc., filed a petition for the vacation of an unopened
future streets within Lots 5 and 6, Block 1 of Timothy Subdivision for
Pack It Up Subdivision, as dedicated in the Warranty Deed from Hoyt
C. Dobson, as his separate estate and Hoyt Dobson, as Personal
Representative of the Estate of Mary Edgley Spates Dobson, to
Overland Storage, L.L.C., an Idaho limited liability company, recorded
September 30, 1999, as Instrument No. 99097401. That Overland
Storage, L.L.C. is the record owner of the property but Joseph D.
Ballenger, Jr., Managing Member, Overland Storage, L.L.C. granted
permission to Pinnacle Engineers, Inc. to submit the Vacation and
Abandonment of Public Right-ofWay applications pertaining to the
property described below in number 2, through an Affidavit of Legal
Interest executed and dated March 4, 2002.
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The Timothy Subdivision doesn't provide any bearings or distances for
the "future streets". Therefore, an exact metes and bounds description
of the "future streets" cannot be prepared. A description of the future
steets might be:
The 50 foot wide strips of public right-of-way dedicated as future street
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 5 of 8
rights-of-way located within the property lines of Lot 5 and 6, Block 1
of Timothy Subdivision, according to the official plat thereof as filed in
Book 31 of Plats at Page 1924, records of Ada County, Idaho; and lying
in a portion of the SE I/4 of the SE I/4 of Section 18, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho.
(The site is generally 900 feet west of Locust Grove Road on the north
side of Overland Road. Overland Storage, LLC owns Lots 5 and 6,
Block 1 of Timothy Subdivision.)
3. The particular circumstances of the requested vacation is:
The property has a final plat pending for Pack It Up Subdivision
(formerly Overland Mini Storage Subdivision). The final plat has been
signed and certified by all agencies (including ACHD) except the Ada
County Surveyor, Ada County Treasurer, and Ada County Recorder. At
this point the Ada County Surveyor has required the vacation of the
future unopened streets within the existing Timothy Subdivision before
they will sign and certify the Pack It Up Subdivision Final Plat. There
are no existing utilities or improvements within the future street areas.
Written notice of the public hearing of this petition was given by
certified mail with return receipt at least ten (10) days prior to the date
of the public hearing to all property owners within three hundred feet
(300') of the boundaries of the area described in the petition, and such
notice was also published once a week for two (2) successive weeks in
the Idaho Statesman with the last publication which was not less than
seven (7) days prior to the hearing.
5. All publication costs have been paid by the petitioner.
The Nampa & Meridian Irrigation District's Ninemile Drain courses
along the east boundary of the proposed project. The easement of the
Ninemile Drain must be protected..
DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 6 of 8
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND
JURISDICTION, the City Council does hereby ORDER and this does ORDER
that:
The following unopened future streets as depicted on the Record of
Survey of the proposed Pack It Up Subdivision, is hereby vacated:
The 50 foot wide strips of public right-of-way dedicated as future street
rights-of-way located within the property lines of Lot 5 and 6, Block 1
of Timothy Subdivision, according to the official plat thereof as filed in
Book 31 of Plats at page 1924, records of Ada County, Idaho; and lying
in a portion of the SE 1/4 of the SE 1/4 of Section 18, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho.
(The site is generally 900 feet west of Locust Grove Road on the north
side of Overland Road. Overland Storage, LLC owns Lots 5 and 6,
Block ! of Timothy Subdivision.)
The property has a final plat pending for Pack It Up Subdivision
(formerly Overland Mini Storage Subdivision). The final plat has been
signed and certified by all agencies (including ACHD) except the Ada
County Surveyor, Ada County Treasurer, and Ada County Recorder. At
this point the Ada County Surveyor has required the vacation of the
future unopened streets within the existing Timothy Subdivision before
they will sign and certify the Pack It Up Subdivision Final Plat. There
are no existing utilities or improvements within the future street areas.
The Nampa & Meridian Irrigation District's Ninemile Drain courses
along the east boundary of the proposed project. The easement of the
Ninemile Drain must be protected.
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.
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 7 of 8
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The City Clerk shall cause a certified copy of this order to be recorded
with the Ada County Recorders office.
NOTICE OF FINAL ACTION
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 vacation may within twenty-eight (28) days after the date of this
decision and order seek a iudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
~~ ,2002.
day of
ROLL CALL
COUNCILMAN BIRD
VOTED
COUNCILWOMAN deWEERD
COUNCILWOMAN Mc CANDLESS
COUNCILMAN NARY
VOTED
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -
DATED: ~- --z/-- --g2 ~.- ~'"" j ,¢,'""""'"'"',,,
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City Cleric '.,,.y~ ~~de(
Page ~'6ff:8
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
STATE OF IDAHO, )
: SS.
County of Ada. )
On this ~'g~ O~~ ,2002, before me, the
day of
undersigned, a Notary Public in and'V'For said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City
Clerk of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
Notary Public for Idaho
Commission Expires:
Z:\Work~dWleridianhMeridian 153601V~ack It Up Sub fka Overland Mini Storage Sub VAC02-O02 VARO2-
O04~FfClOrdVacationfutureStreets.doc
Findings of Fact and Conclusions of Law and
Order of Vacation for Pack It Up Subdivision
VAC-02-002
Page 9 of 8