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Home My WebLink AboutStaff ReportSTAFF REPORT HEARING DATE: September 28, 2010 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: VAC-10-006 -Spring Creek Ustick I. APPLICATION SUMMARY C.~VI E IDR IAN; ~..._/ The Applicant, Douglas Clegg, requests approval to vacate an existing recorded 12-foot wide public utility, drainage, and irrigation easement bisecting this site that serves the Presbyterian Church to the west. (See Section VIII of this report for more information.) II. STAFF RECOMMENDATION Staff recommends approval of the subject application contingent upon the applicant submitting new easements and maintenance agreement for approval to Public Works prior to the City Council meeting. If the new documents are not received and approved prior to the Council meeting, staff recommends the application be continued to a later meeting to allow the applicant additional time to submit this information. III. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number VAC-10- 006, as presented in Staff Report for the hearing date of September 28, 2010, with the following changes: (insert any changes here). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number VAC-10-006, as presented during the hearing on September 28, 2010. (You should state why you are denying the request.) Continuance I move to continue File Number VAC-10-006, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the southwest corner of N. Meridian Road and Ustick Road, in the northeast % of Section 1, Township 3 North, Range 1 East. B. Owner/Applicant: David and Charlie Price 2291 N. Greenview Court Eagle, ID 83616 C. Representative: Douglas Clegg, Spring Creek Ustick, LLC 253 E. Calderwood, Ste. E Spring Creek Ustick VAC Page 1 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request to vacate a recorded easement. Per Meridian City Code, a public hearing is required before the City Council on this matter. The UDC does not require the site be posted with a public hearing notice sign. B. Newspaper notifications published on: September 6, and 20, 2010 C. Radius notices mailed to properties within 300 feet on: September 2, 2010 VI. LAND USE A. Existing Land Use(s): The subject property is currently in the development process and is zoned L- O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: City park, zoned L-O 2. East: Single-family residential, zoned R-8 3. South: Rural residential, zoned RUT in Ada County 4. West: Church, zoned L-O C. History of Previous Actions: • In 2006, the subject property was granted Annexation and Zoning (AZ-06-034) approval by City Council with an L-O zoning district under the name of Ashtyn Park. A Development Agreement (DA) was approved with the annexation (Instrument No. 107022433) that only allowed principally permitted uses within the L-O zoning district. A conceptual development plan was included in the DA. • A Development Agreement Modification (MDA-10-006) was approved by City Council on July 6, 2010, which allowed for the construction of a 28,100 square foot single-story assisted living facility instead of an office park as previously proposed. A new site plan and building elevations were also included in the DA for the proposed assisted living facility. • A Conditional Use Permit (CUP-10-004) was approved by the Planning & Zoning Commission on August 5, 2010 fora 28,100 square foot single-story, 46-unit assisted living facility in an L-O zoning district on this site. Design Review (DES-10-029) and Alternative Compliance (ALT-10-004) to reduce the width of the street landscape buffer along Ustick and Meridian Roads from 25 feet to 20 feet were also approved. D. Utilities: 1. Public Works: a. Location of sewer and water: Not applicable. b. Issues or concerns: The applicant has indicated they will be providing a new maintenance and easement document to staff before the Council meeting on October 5"' 2010. Staff recommends that if the required documents are not received before the Council meeting, the application will be continued to a later meeting. E. Physical Features: 1. Canals/Ditches Irrigation: NA Spring Creek Ustick VAC Page 2 2. Hazards: NA VII. AGENCY COMMENTS MEETING No comments were received by the Planning Department from other City departments for the subject application. Please see the public record for the VAC file for any written comments that may have been submitted by other agencies. VIII. ANALYSIS Analysis Leading to Staff Recommendation: The applicant requests approval to vacate the 12-foot wide public utility, drainage, and irrigation easement that bisects this site noted on the recorded plat for Strasser Farms Subdivision No. 2. This easement serves the Presbyterian Church to the west and was previously located along a property line that has since been adjusted (Record of Survey No. 6141). A structure is now proposed to be built over the easement. Therefore, it is necessary to vacate and relocate the subject easement. All easement holders (Qwest, Idaho Power Company, Cable One, Intermountain Gas Company, have given consent to relinquish their easements. The applicant proposes to relocate the easement along the south boundary of this site. Staff supports vacating the easement as proposed in Exhibit A.2 with a new easement to be submitted by the applicant for approval by Public Works prior to the Council meeting. If the new easements are not received and approved prior to the Council meeting, staff recommends the application be continued to a later meeting to allow the applicant additional time to submit this information. IX. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Site Plan Showing Existing & Proposed Location of Easement 3. Easement Proposed to be Vacated Spring Creek Ustick VAC Page 3 Exhibit A.1-Vicinity/Zoning Map Spring Creek Ustick VAC Page 4 Exhibit A.2 -Site Plan Showing Existing & Proposed Location of Easement _._ '~ ~tJ~6'S.. '' K$'y!NOb?S ~: 3tw~tr4,26~p ,::. 'Tr. 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