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HomeMy WebLinkAboutAug 21, 2003 P & Z Comm MinutesMeridian Planning and Zoning Commission Meeting August 21, 2003 Page 3 of 113 MOTION CARRIED: THREE AYES, TWO ABSENT Item 5. Recommendation: VAC 03-004 Request for Vacation of a dedicated fifteen-foot right-of-way on West 4th Street for Meridian Head Start by Friends of Children and Families, Inc. -- 333 West Broadway Avenue: Borup: Item Number 5, recommendation VAC 03-004, a request for vacation of dedicated 15-foot right of way, West 4~' Street, for Meridian Head Start, by Friends of Children and Family, Incorporated, at 333 West Broadway. We will start with the staff report on that item also. Siddoway: Thank you, Mr. Chairman, Members of the Commission. This is also a vacation request. This one is of right of way. The location -- you will recall the Head Start project that came through here recently for a Conditional Use Permit, that project is the subject property and adjacent to it on its west boundary is an existing right of way. That right of way was dedicated in a 1903 plat and it was a 30-foot right of way at that time. In 1961, the city vacated the west half of that right of way and quitclaimed it to the property owner to the west. The remaining 15 feet is all that's left and they are requesting that that be vacated. It does dead end at the railroad tracks, there is no possibility for it to be extended as a street in the future, and staff has checked with the Ada County Highway District, they have submitted their consent for this application, it's necessary for them to go through and get city approval first prior to going through ACHD's formal process. They are requesting vacation of that remaining 15 feet of right of way tonight and I would stand for any questions. Borup: Questions from the Commission? Zaremba: I only have one typical off-the-wall question. I know ACHD didn't exist in 1903, but did the city pay anything for that right of way? Siddoway: I would doubt it. I think it probably was just dedicated on the plat Zaremba: Okay. Siddoway: The way the streets are today. Borup: All right. Sounds good to me. Centers: Mr. Chairman? The only other question I had, Steve, was I guess the applicant was going to be here to address the utilities that you had been concerned about. Siddoway: Yes. The applicant is in the audience. I did have two special considerations. The first was simply just to alert you to the process that this is not a Public Hearing, but it is a process by which the Commission makes a recommendation to the Council. I also had one in there about utilities and ask that the applicant verify Meridian Planning and Zoning Commission Meeting August 21, 2003 Page 4 of 113 that there were no utilities in that right of way. I believe that Bruce has verified that as far as the city is concerned there are no city utilities in there. Borup: Do we -- yes. Want to come forward, then, ma'am? McKibben: Commissioners, I'm Sherry McKibben. I'm an architect. I live at 515 West Hays, Boise, Idaho. There are no city utilities in that right of way. There are no utilities at all. Borup: Okay. Zaremba: I guess my only other question would be does there need to be any kind of a Hold Harmless Agreement in case this property -- who knows, 1915 somebody was dumping toxic waste on it and it comes under new ownership and they seek some redress of grievance or something. I have no idea whether such a thing might have happened, but do we need to be protected? Siddoway: It's technically right of way, so it's -- you know, I don't know that the city needs to worry about that. It's ACHD's property and ACHD will be the one deeding it to the property owner, not the city. Zaremba: Okay. Siddoway: The city just has to find that it's also in the city's interest to let the public right of way go away. Centers: Mr. Chairman, I just thought of something. We didn't close the Public Hearing on Item Number 4. We approved and recommended -- Borup: I didn't open a Public Hearing. Centers: Okay. Borup: And the same on this. This is just -- Centers: Well, then, I would concur that we make recommendation to the City Council for Number 5, VAC 03-004. Zaremba: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: THREE AYES, TWO ABSENT