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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 STAFF REPORT Hearing Date: July 17,2007 ot-G;;di~\ , \ IlJ.\H(\ Jt ~...-. 7"" . ~. , ". "......~.. , ,j ,,>!o)c~. ~~"'lU'. ~~"~!":'m."'" - ~ 111: TO: FROM: SUBJECT: Mayor & City Council Bill Parsons, Associate Planner (208) 884-5533 Doris Subdivision Easement -V AC-07-013 Vacation of the 6' public utility easement common to Lots 1-3, Block 2, of Doris Subdivision, by Robert Runyan 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Robert Runyan, Seagle III LLC, requests the vacation of the platted 6' public utility easement common to Lots 1-3, Block 2, of Doris Subdivision. The easement was created with the recordation of the Doris Subdivision, Recorders Book Number 16, page 1080. Doris Subdivision is located at the northwest comer of East Fairview Avenue and North Locust Grove Road. The subject site, Lots 2 and 3, Block 2, of the Doris Subdivision are currently vacant and Lot 1 is currently improved with an automobile oil and lube facility on the southern portion and a certificate of zoning compliance has been issued for a 4,800 square foot multi-tenant retail building on the northern portion. A Record of Survey (7535) prepared by Treasure Valley Engineers and recorded August 31,2006, shows the new property boundaries to accommodate future development of the subject site. The Applicant's intent is to construct a commercial building on Lot 2 which will span across the platted easement. The owner of Lot 1 has signed an Affidavit of Legal Interest in agreement of the vacation and the affidavit is included with this application. The Applicant is proposing to dedicate a new 10' wide public utility easement around the entire perimeter of the property boundaries of Lots 1, 2, and 3 of the Doris Subdivision which is acceptable by all the utility providers. The Unified Development Code 11-5A-1, requires the City Council to be the decision making body on vacations applied for in the City of Meridian. Idaho Code 50-1325 requires that all easements created on subdivision plats "shall be vacated in the same manner as streets" and must be approved by the local jurisdictions. State statute further requires an easement vacation be filed when a landscape or irrigation easement is involved. The Meridian Public Works Department has no opposition to the proposed vacation, provided that the appropriate relinquishment letters are submitted. The Applicant has provided proof of relinquishment of the easements by Cable One, Qwest Communications, Nampa & Meridian Irrigation District, Intermountain Gas Company, and Idaho Power Company - all of the public utility providers. 2. RECOMMENDATION Staff recommends approval of application V AC-07-013 to vacate the platted 6' public utility easement common to Lots 1-3, Block 2, oftbe Doris Subdivision. 3. PROPOSED MOTION Approval I move to approve File Number V AC-07 -013, as presented in the staff report for the hearing date of July 17, 2007. Denial I move to deny File Number V AC-07-013, as presented in the staff report for the hearing date of July 17, 2007, for the following reasons: (You should state specific reasons for denial. They should address how the Applicant might redo the application to gain your recommendation for approval.) Doris Subdivision Public Utility Easement Vacation VAC-07-0l3 PAGEl CI1YOF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 Continue I move to continue the public hearing for File Number V AC-07-013 to (insert date) for the following reason(s): (Insert reasons. ) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 1330 Fairview Avenue Lots I, 2, & 3, Block 2, Doris Subdivision Section 6, Township 3 North, Range I East B. Owner: Seagle III, LLC 242 N 8th Street Boise, ill 83702 C. Applicant: Seagle III, LLC 242 N 8th Street Boise, ill 83702 D. Present Zoning: General Retail and Service Commercial District (C-G) E. Comprehensive Plan Designation: Commercial 5. NEIGHBORING USES & ZONING North - Vacant, General Retail and Service Commercial District (C-G) South - Commercial, General Retail and Service Commercial District (C-G) East - Athletic Club, General Retail and Service Commercial District (C-G) West - Commercial, General Retail and Service Commercial District (C-G) 6. PROCESS FACTS A. The Unified Development Code, Section 11-5A-I, requires the City Council to be the decision making body on vacation applications within the City of Meridian. B. Newspaper notifications published on: June 25, 2007; July 9, 2007 C. Radius notices mailed to properties within three-hundred feet (300'): June 14,2007 7. EXHIBITS / ATTACHMENTS A. Vicinity Map B. Map Depicting Portion of Easement to be vacated C. Map Depicting Easement to be dedicated Doris Subdivision Public Utility Easement Vacation VAC-07-013 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2007 A Vicinity Map - 1 -Exhibit A CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17.2007 B. Map Depicting Portion of Easement to be vacated , r . 'II .DORiS s~ .=L lot l_ i/.1' 2 11 . 81// ~~il ~!I )1 'q I /1'. ,I' ft" I '/ . F1L ..... r - -''''-760:77' ---....:. - - - - - -'-- - -~-'- ~'1 . - - --:- -:- - , , . - - _ _ ~ 1.80,,"-6J' . . . . . . . N 89211 J7: II' 34f.4I1' --:-:-::. =,_::-=", . E. F.;~;.III ~. '! rT~~IS~_~_ ". !- ~~"'~_~f>>~ ,r, 1O'Puflt.---;t - - - ~ ~ I , 11.,./;:''" J \ u I, 'A~T \ . , "/' ~ ~' \~ .rl .. PARCEL C . "'-..' , .' 52 76" S '" .L 10' Pu8Uc ^-- J~ ' ... ........ 1I71L1'rr J ~ 'I 'O'PIIBLIC 1i:~<II' I, '",;'=, 0. . a-" . CURVE DATA 8~ Ii ' li~ II ' ~Jj I JJj., j ~Ii.~ 19 ..ij 'F~ ----........J ~.PU811C ~"'" ,I ,o...~ II + i I N 8IF25'J7" W III 6 :1 I . 7' N 69'25'3r II' 181.07' PARCEL A 40,956 S.F,;t in ". .. ~ PARCEL B . 46,072 S.F.:l: .... ~ ~ I <D '1-, .0 ~ 8 @ ". - 2 -Exhibit B (N.90')W (,o..w:>m 20.30' .S 89'29'2~. E ~ ---, -, I~: I <> '. " ~1- I I . I I G) :i I ~. II~~ I ~.~~... I~"~ JL I~I~ li:'i,;., I~I~.-: @ I I I , r 10' PlJ8UC I lmtJrr .......... .E"m"CNT I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17,2007 C. Map Depicting Easement to be dedicated s-eJ F.af-t. .' P.I, E: . rlll C .~ t.J "" 10' PUBUc 1.11tt.JTY. ~~j,,(ENr 0, . CURVE DATA I rt~ I ~ J ;tittA.~.'. I' PARCEL C 52, '166 S.lo".X: , """ roae-=:;r (D I II II I II II il! 1 1\ 1 , 1/: @ I J . ~'I: v J' 1_ R 1/. J,~JI "~:tr "I . II II -~Q--,--- 187.07' , -..---------...---;----'-----..... . ~ PARCEL Ii '.' .~! 46.0~2 S.F.=i:. I -'---.~-.b. I - ---t~-=--=:=====-~=~=.== ~I! . 1;111 , ~g o . _tI 89'~S '~l7" IV 160.77' .~ ~ J PARCEL A 40,956 S.F..:t ;., ",. ... :G ~ 'M =:-~~~.~~~~~~~~~~ .", .... p f'l IS >:. I ~ 1 8 '" :. @ I .- 10' PUBUC 41/UTY .t.\~r '.,' ,~, "" ~"~ N ill 34 f.4/)' E. FQ~' \I it.., ~. - 3 -Exhibit C