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HomeMy WebLinkAboutFindings• i MERIDIAN PLANNING & ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: ROGER ANDERSON AGENDA ITEM NUMBER: 15 REQUEST: PUBLIC HEARING: REQUEST FOR VACATION OF SEWER AND WATER EASEMENT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE QEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS L~ ~~' ~ 1 ~ s I SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ day of n//~"~ ~ 1996. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA - MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED~~ VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~~t/~ ~~ BEFORE THE MERIDIAW CITY PLANNING AND ZONING COI~II~II33ION ROQrER L. ANDERSON APPLICATION TO VACATE SEWER AND WATER EASEMENT 75 W. TAYLOR STREET FUYUR-IDA SUBDIVISION SOUTHEAST lI4 OF SECTION 12, T.3N., R.1W. ~[ERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled setter having come on for public hearing February 13, 1996, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Aall, 33 East Idaho Street, Meridian, Idaho, and the Applicant appearing through his representative, Jerry Ellis, and having heard and taken oral and written testimony, and having duly considered the matter, the Meridian Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the vacation of the sewer and water easement was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1996., the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the February 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. VACATION OF EASEMENT\ANDERSON Page 1 C~ 2. That this property • is located in the Futur.-Ida Subdivision in the Southeast 1/4 of Section 12, T.3N., R.IW., Boise Meridian, Ada County, Idaho, and is owned. by Sundance I~restments Limited Partnership. 3. That the Applicant requests a vacation of the sewer and water easement which easements were reconfigured on this particular property; that both water and sewer lines were relocated on the site so as not to conflict with the expansion of the building being occupied by the Friedman Bag Co. 5. That the .property is currently zoned I-L, Light Industrial District. 6. That the Light Industrial District is defined in the Zoning Ordinance at 11-2-408 B. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage .the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or .glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 7. That Bruce Freckleton, the Assistant to the City Engineer, the Police and Fire Department and the Nampa ~ Meridian Irrigation District, submitted comments and such are incorporated herein as if set forth in full. 8. That comments from the Planning and Zoninq Director, VACATION OF EASEMENT\ANDERSON Page 2 • i Shari Stiles are forthcoming and shall be incorporated as if_ set forth in full, if received. 9. That there was no public testimony objecting to the vacation of easements. 10. That proper notice was given as required by law and all ' procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian and of Idaho Code, Section 50-1306A have been met. ' 2. That the City of Meridian has authority to vacate easements pursuant to Idaho Code, Section 50-1306A and Section 11- 9-611A, Vacations and Dedications, of the Revised and Compiled Ordinances of the City of Meridian. 3. That since the Public Works Department has approved plans and construction for the relocation of the existing sewer and water mains of the proposed site and the legal descriptions and supporting documentation for the vacation have been reviewed and approved by the Public Works Department, and since there is no objections to the ,vacation of the easements, the easements should be vacated. VACATION OF EASEMENT\ANDERSON Page 3 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning .Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ) ~. r^' VOTED ~ ¢ ^~ VOTED a ~- VOTED DECISION AND RECOI~II~~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the vacation of the sewer and water easement at 75 W. Taylor Street. MOTION: APPROVED: /\ \ ~~ DISAPPROVED: VACATION OF EASEMENT\ANDERSON Page 4 MERIDIAN CITY COUNCIL MEETING: APRIL 16.1996 APPLICANT: ROGER ANDERSON ITEM NUMBER; 12 REQUEST; PUBLIC HEARING: REQUEST FOR VACATION OF WATER/SEWER EASEMENT AGENCY COMMENTS CITY CLERK: P & Z MINUTES FOR 2-13-96 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: .BUREAU OF RECLAMATION: OTHER: "REVIEWED" SEE ATTACHED COMMENTS j (J '~ ~j~ ,l ' ~~ -~;G~` a ~ ~ ~ ~~ C~/~ SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian.