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Home My WebLink AboutChampion Park Subdivision No. 3 Vacation VAC-06-001 f; ]~~ C E I'\lE'f') .ft , CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND c_------ - DECISION & ORDER !'>fAR 31 20ms ,?~~I~-Y)OF iV'iERIOIAN ~'t\, .:(nc~-=-!('r- cM'cridl::n -.. - \'- v" I, t~UID )~ \~f"' I.~-'. ~,. .~." -- ",,"... "-, "'..!.'~~.:!!'YJ."= "rÞ1 In the Matter of Variance request to vacate a drainage easement between Lots 2 and 3, Block 18, Champion Park Subdivision No.3 Case No(s). V AC-06-003 For the City Council Hearing Date of: April 4, 2006 A. Findings of Fact L Hearing Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 4, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 6S, Title 67, Idaho Code (I.C. §67-6S03). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § II-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-O6-003- PAGE 1 00 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is allowed. 6. 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and the all in the attached findings in the Staff Report for the hearing date of April 4, 2006 incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request to vacate the platted drainage easement located between Lots 2 and 3, Block 18, Champion Park Subdivision No.3 is hereby approved. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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 this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of April 4, 2006 B~ !,f the City Council at its regular meeting held on the I l , 2006. . 4~ day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-O6-003- PAGE 2 of 3 COUNCIL MEMBER SHAUN WARDLE VOTED /f1J ~ fþu ~ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED ~ ~ - VOTED MAYOR TAMMY de WEERD (TIE BREAKER) ATTEST: B' Dated: 4-LP~OlD City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AC-O6-003- PAGE 3 of 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 STAFF REPORT TO: FROM: Hearing Date: April 4, 2006 Mayor & City Council Josh Wilson and Mike Cole 208-884-5533 oU'e;; :n!:n--. ;\ \ IJ),\J-IO ~ ~ } ~~'" -,-./' --~'~~"!' ", .~, ,,' / -'~"'--'~---,-'-"'-"- '-'1;;1 ------.. ---._-- --S--UBJECI~__- Champion Park Subdivision No.3 Vacation --.---VAC-06~003 Vacation of a drainage easement between Lots 2 and 3, Block 18, of Champion Park Subdivision No.3 Staff has reviewed this submittal and offers the following comments: APPLICATION SUMMARY The Applicant, Creekside Inc, has requested the City's consent to vacate a platted drainage easement located on the property line between Lots 2 and 3, Block 18, Champion Park Subdivision No.3. The applicant has completed a Property Boundary Adjustment on the subject lot line and in order to keep the property drainage easement consistent with the property line, the current easement must be vacated and a new easement be dedicated. The site is generally located north of Us tick Road and west of Eagle Road, and the street address is 2484 E. Garber Drive. Creekside Inc and Chambers Construction are the owners of record of the parcels on which the proposed easement to be vacated lies, and both parties have submitted notarized consent for the subj ect application. The Unified Development Code 11-5A-l, requires the City Council to be the decision making body on vacations applied for in the City of Meridian. SURROUNDING USES North ~Agricultural, zoned RUT South - Residential, zoned R-8 East -Vacant Commercial land, zoned C-G West - Residential, zoned R-8 CONDITION OF APPROVAL (V AC-06-002) 1. The City of Meridian Public Works Department has no concerns on the proposed vacation, provided that a new easement is dedicated along the adjusted lot line. RECOMMENDATION Staff recommends approval of application V AC-06-003, with the condition noted above. EXHffiITS/ A TT ACHMENTS A. Drawings 1. Area requested for vacation Champion Park Subdivision No.3 Vacation V AC-O6-003 PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 A. Drawings 1. Area requested for vacation ö"ØØ\) ~"JJ ~ 'l\\\~~ LeCJal Descriotion ~C(.% '~~~~~ot 2, Block 18 - Drainage Easement Vacation ~øG ~ Champion Park SubdMsion No.3 An easement lying in Lot 2, Block 18 of Champion Park Subdivision No.3, as shown in Book 93 of plats on pages 11149-11153. records of Ada County, Idaho, and lying in the SE 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a Yz inch diameter iron pin marking the southeasterly corner of said Lot 2; Thence N 66"08'58" W along the southerty boundary of said Lot 2 a distance of 5.00 feet to a point; Thence leaving said southerly boundary N 23"33'50" E a distance of 135.01 feet to a point on the northerly boundary of said lot 2; Thence S 66.09'00" E along said northerly boundary a distance of 5.00 feet to a }$, inch diameter iron pin marking the northeasterly comer of said Lot 2; Thence S 23"33'50. W along the easterly boundary of said lot 2 a distance of 135.01 feet to the POINT OF BEGINNING. This parcel contains 675 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC February 15, 2006 Laí1dS'ofutjons ~""--<- Champion Park LLA Lot 2 Easement Vacation Job No" 06-04 Exhibit A-I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 legal Descriooon Lot 3, alock 18 - DraInage Easement Vacation Champion Park Subdivision No.3 An easement lying in lot 3, Block 18 of Champion Park Subdivision No.3, as shown in Book 93 of plats on pages 11149-11153, records of Ada County, Idaho, and lying in the SE 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a ~ inch diameter iron pin marking the southwesterly COrner of said lot3j Thence N 23°33'50' E along the westerly boundary of said Lot 3 a distance of 135.01 feet to a ~ inch diameter iron pin marking the northwesterly corner of said Lot 3; Thence S 66"09'00. E along the northerly boundary of said lot 3 distance of 5.00 feet to a point; Thence leaving said northerly boundary S 23"33'50' W a distance of 135.01 feet to a point on the southerly boundary of said lot 3; Thence N 66"08'58. Walong said southerly boundary a distance of 5.00 feet to the POINT OF BEGINNING. This parcel contains 675 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC February 15, 2006 La1û1S'OJutjons L...- ,...-.<' - .... - .,. -- Champion Park LLA Lot 2 Easement Vacation Job No. 06-04 Exhibit A - 2