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Staff CommentsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 25, 2007 STAFF REPORT Hearing Date: September 25, 2007 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Queenland Acres - VAC-07-O11 E IDIAN~ IDAHO Request for Vacation of the 10' Public Utilities Easements platted on Lots 1-12, of the Queenland Acres Subdivision, by James Prather 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, James Prather, requests the vacation of the 10' wide public utility easements platted on Lots 1-12 of Queenland Acres Subdivision. The easements were created with the recordation of the Queenland Acres Subdivision, Recorders Book Number 28, page 1747. Queenland Acres Subdivision is located at the southeast corner of West Overland Road and South Stoddard Road. The subject site was recently approved for annexation and C-G zoning by the City Council on September 18, 2007. If the subject vacation is approved, the applicant intends to submit for property boundary adjustments reducing the number of lots on this property to five. These future lots will include the necessary easements required for construction. Currently the subject site is vacant undeveloped land and is subject to a development agreement. Among other things, the Development Agreement regulates site layout, building size and design of proposed buildings. The Unified Development Code 11-SA-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 of easements adjacent to the side and rear lot lines. However, the City of Meridian and Qwest Communications would like to keep all easements along S Stoddard Road and W Overland Road until such time that the applicant provides the new easements for all utilities installed with the Queenland Acres project and the Overland Road expansion project has been completed. 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. 2. RECOMMENDATION Staff recommends approval of VAC-07-O11 to vacate the 10' wide public utilities easements platted on the side and rear lot lines on Lots 1-12 of the Queenland Acres Subdivision (the existing easements along Stoddard Road and Overland Road should remain). Queenland Acres VAC-07-O11 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 25, 2007 3. PROPOSED MOTION Approval I move to approve File Number VAC-07-O1 l, as presented in the staff report for the hearing date of September 25, 2007. Denial I move to deny File Number VAC-07-O1 l, as presented during the hearing on September 25, 2007, for the following reasons: (You should state specific reasons for denial.) Continue I move to continue the public hearing for File Number VAC-07-O11 to (insert date) for the following reason(s): (Insert reason(s).) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: This property is generally located on the southeast comer of S. Stoddard Road and W. Overland Road in the northeast '/ of Section 24, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: R7288000110, R7288000100, R7288000091, R7288000081,R7288000071,R7288000061,R7288000051,R7288000041,R7288000031, R7288000021, R7288000011, and R7288000001. b. Owner: James Prather 707 E. United Heritage Parkway, Suite 150 Meridian, Idaho 83642 c. Applicant: Same as owner d. Representative: James Prather (Applicandowner) e. Present Zoning: C-G £ Present Comprehensive Plan Designation: Commercial 5. NEIGHBORING ZONING & LAND USE a. 1. North: Commercial property (Mountain View Equipment, Boondocks, Veterinary Clinic), zoned C-G and C2 (Ada County) 2. East: Commercial property (future Lowe's), zoned GG 3. South: Single-family residential (Bear Creek Subdivision), zoned R-4 4. West: Vacant (future retail) and commercial storage units, zoned C-G b. History of Previous Actions: A portion of this property, the 12 nual residential lots, was previously platted in Ada County as Queenland Acres Subdivision; the 12 acre portion to south has not been previously platted. On September 18, 2007 City Council approved the annexation and C-G zoning for the above referenced parcels. Queenland Acres VAC-07-011 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 25, 2007 6. PROCESS FACTS A. The Unified Development Code, Section 11-SA-1, requires the City Council to be the decision making body on vacation applications within the City of Meridian. B. Newspaper notifications published on: September 3, 2007; September 17, 2007 C. Radius notices mailed to properties within three-hundred feet (300'): August 31, 2007 7. EXHIBITS A. Vicinity Map B. Existing Easements to Be Vacated Queenland Acres VAC-07-O11 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 25, 2007 EXHIBIT A - Vicinity Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 25, 2007 EXHIBIT B- Existing Easements to be vacated ~ ~ ~ ~ ~ i ' ~ ~ v ~ ~ ~ ,~ ~ ~ ~ ~ °, ~ ~ ~ a R '~ '^~ g ~ ~ ~ . W ~-~ ~ °~ ~ • ~ ~ ~ ~ ~ ~ ~ ~3: ,~ ,~ q ~ ~ i 1 ~ ~ ~ ~s ~ w ~ N ~~ 'r'~ ~ i ~ ~ ~ Z~a ~ v ~ ~ ~ ~ ~~ ~a 4 ~~ ~~ ~~ E * ~~~ ~ . . ~~~ ' ~ ~~ ~ ~ .r~