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Home My WebLink AboutStaff Report CCSTAFF REPORT Hearing Date: TO: FROM: SUBJECT: Apri122, 2014 Mayor and City Council Bill Parsons, Associate City Planner (208) 884-5533 E IDIAN- IDAN~ VAC-14-003 -Jayker No. 1 (Lots 15 & 16 AND Lots 16 & 17, Block 11) 1. APPLICATION SUMMARY The applicant, The Club @ Spurwing, LLC, is requesting approval to vacate a portion of two (2) 10- foot wide public utility, drainage, and irrigation (PUDI) easements located on the interior lot lines of Lots 15 and 16 AND Lots 16 and 17, Block 11 of Jayker Subdivision No. l . 2. STAFF RECOMMENDATION Staff recommends approval of the subject vacation application. 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number VAC-14- 003, as presented in the staff report for the hearing date on Apri122, 2014. Denial After considering all staff, applicant, and public testimony, I move to deny File Number VAC-14- 003, as presented during the hearing on April 22, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant, and public testimony, I move to continue File Number VAC-14- 003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located north of Chinden Boulevard and east of N. Jayker Way in the southeast'/4 of Section 22, Township 4 North, Range 1 West. (Parcel #'s: 84588420842 and 84588420862) B. Owner(s): Steve Eddy 2151 N. Greenview Court Eagle, Idaho 83616 C. Applicant: The Club @ Spurwing, LLC 3405 E. Overland Road, Suite #150 Meridian, Idaho 83642 Jayker No.l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 1 - D. Representative: Chuck Christensen, Quadrant Consulting 1904 W. Overland Road Boise, Idaho 83705 E. Applicant's Statement/Justification: Please see applicant's narrative for this information and the application file for the applicable relinquishment approvals. 5. PROCESS FACTS The subject application is a request to vacate platted easements. Per Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. The UDC does not require the site to be posted with a public hearing notice sign. A. Newspaper notifications published on: March 31, and April 14, 2014 B. Radius notices mailed to properties within 300 feet on: March 26, 2014 6. LAND USE A. Existing Land Use(s): This property is currently two (2) vacant residential lots, zoned R-2. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is primarily developed with single family residences, zoned R-2 and RUT. C. History of Previous Actions: - The subject property is part of Jayker Subdivision No. 1 which received fmal plat (FP-07- 026) approval in 2007. - In 2012, the property received approval to vacate (VAC-11-003) the common drive easement on Lot 16, Block 11. After the vacation was complete, the City approved a property boundary adjustment (PBA-12-001) to reconfigure the boundaries of Lots 15-18, Block 11 of Jayker Subdivision No. 1 (ROS 9169). The record of survey does not vacate the platted utility easements or the platted lot lines. 7. AGENCY COMMENTS MEETING No comments were received by the Planning Division from other City departments for the subject application. 8. STAFF ANALYSIS The applicant requests approval to vacate a portion of two (2) 10-foot wide public utility, drainage, and irrigation (PUDI) easements located on the interior lot lines of Lots 15 and 16 AND Lots 16 and 17, Block 11 of Jayker Subdivision No.l. The land is held under single ownership and the PUDI easements being vacated are located entirely on the subject properties. The property owner is in the design phase for his personal residence and he needs the easements vacated to accommodate the future plans. Due to the reconfiguration of the property in 2012 (PBA-12-001), the affected easement area on the shared lot line of Lot 16 and Lot 17, Block 11 is approximately 20 feet north of the current parcel boundary that was approved through the PBA process. The other easement area (between lots 15 and 16) needs to be vacated so the applicant may proceed with a property boundary adjustment application to consolidate the two parcels into one parcel. If the City Council approves the vacation request, the applicant and/or owner will be responsible to obtain approval of a property boundary adjustment if any structure proposed for the property spans any lot lines. This process must be completed with the Planning Division Jayker No.l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 2 - prior to the issuance of a building permit. All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas) have given consent to relinquish the easements. SID submitted a letter stating they have no facilities within the easement area. Although the utility providers have not requested the establishment of any new easements, staff believes the applicant should dedicate new PUDI easements along the shared boundary of Parcel B and Parcel C of ROS 9169 as depicted in Exhibit A.2. Since the applicant may need to process a new PBA application to consolidate the parcels to construct the new residence, staff recommends the applicant record the new utility easement and reference the recorded document number on the record of survey submitted with the future PBA application. Since the two parcels are under single ownership and will be developed for a personal residence, staff recommends approval of vacating the easements as proposed in Exhibit A.3. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Vacation Exhibit 3. Legal Description and Exhibit Map Depicting the Easements to be Vacated Jayker No.l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 3 - A. Drawings 1. Vicinity Map Print Date: 4%1112014 Jayker No. l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 4 - Vicinity Map ° °'S °M;,®s 2. Vacation Exhibit i~ C! . ~ -7? 7~ ~p.i2 I i -~-""- ~ 45 .. I i r ~ aw sr s, -~~-~ ~„ r r ~~ ~~ ~ i ~i{ r'• ~ i r y~ ~'',,. ~' / f f r h. la ~ r~ r N irr ~~~ Ate. R ~ 1~~T 77w~"" ' •- a1~ 141 ~ ~ 1 ~i i ml I N) l l i ~ 11 I Z I :, I •a• 36,832 S.F. ~ „ 0.85 aC. ~ ~I J ~ ~~ ~ r / ~ / -~ /` u 2 J 1 1 ~ ~~ I 'ty. b I ,CA.~ t w r~l ~ J ''' ~ -0=~. - ~,~ /_~ = '"'1 ' ' _ s~-° rte ~/~ ~ ~ .-I-~ - ~ r I __l r 'I r la• ea EASE i Put ~ EAY ~A7 ~ - i I PH AS I i IN I~ I~ 1 4g• 3 • 42,512 S.F. c~.9a ~c. I I PLATT[0 COMttOY ORIVEVAY tLWNATCD ati (/24/12 BY GTY pF r,SR:aAK. YAC-p-~3. I ~~~ LDT PI+E REMAH~ LIl~ I II r_ __~.,__.... _ .,,I ~ EASE. (: 89'394)• N 133 1 ~- QRIGSiRI LDT LMiF:S ' New 10-foot wide PUDI Easement along shared -y` .c` boundary ~ r.C! ~C.__ w~ ' ~ ~ ~`~; ~~ '~~ ~ New 5-foot wide ~~ ~ ~ ` S S r 22J59 S.F ~,~ ~ ~. PUDI Easement p.S2 AC. I ~ ~\ on the south I ~. r ,~~ ~ ~~ ~ '`, ~ ~ .` L ~ ~ 1 ~~ ~ `~ ti 5 Z'so. 4~ ~ 1T!~0' 4 ~ y ~ ~ 1~` r i ~ ~ 1 ~ ~ ~ ~ ~ r ~ } ~ I f- t 2 . cckxcN ARiJ~ LaT C 4'UNATFD ON Il24/Q `Y 1 dTY OF lltitlpd4N, I PtIE I~CD-tl-Ca9. ~ PJE REkAlIS t V4 GORH6R C•P.i F. No. iigM20S • Jayker No.l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 5 - 3. Legal Description and Exhibit Map Depicting the Easements to be Vacated EXHIBIT A JAYKER SUBDIVISION -LOTS 1S AND ib EASEMBNT A VACATION An easement located in Lots 15 and 16, Black 11 of layker Subdivision -Phase 1, nxardod in Book ]Ol of Plats at pages 13341 duough 13352, records of Ada County. Said easeanent is situated in the Southeast 54 of the Nordteast G of Section 22, T.4N., R.1 W., Boise Meridian, Ada County, Waho. Said Lots 13 and 16 were also srbsequentty referenced in a Pmpeny Boundary AdjustmetK Reoord of Survey No. 9169, Ada County Records, Instrument Ntunber 1 1 20303 1 4. Said casotnont is more particalady described as (allows: Commettcing at the northwest a-rner of said Lot i6; thence Soudr 04° 43' 37" Weat 67.10 feet to the POINT OP BEGINNING; thence, South 89° 31' 17" East 10.00 feet; thence South 00° 28' 43" West 161.29 /eat; tlienoe, Notlh 66° 13' 09" West 1.0.89 tat; d-ence, NaRt 00° 28' 43" East 156.99 fact b the POINT Ol: BEGINNING. Said parcel coeKaias 1,591 square feet, more or less. Jayker No.l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 6 - EXHIBIT A ~AYI~R SLTBbIVISION - TATS li AND 17 EASEMENT >3 VACATION An easement lacated in tats 16 and 17, Black I l of Jayker Subdivision -Phase }, ret.~orded in Book 101 aI'Flats at pages !3341 through t33S2, recants of Ada Carty. Said easement is situa4cd in the Sotldlaast tb of the NoNtt*ast iti of Section 22, T.4N., R,1W., Boise INeritbati, Ada County, Idaho. Said Lots 16 and l7 are ahA subsequ~tly referenced fn a Property Boundary Adjustment Record of Survey No. 9169. Said easement is more partkalariy described as follows. Carnnranc~g ~ the northeast comer of said La 16; thence abng the cast boundary of said Lot 16 South 00° 29' l9" West 263.72 feet to the P'OIlVT OF BEGINNING; tbencx cattibuing along said east boundary„ South 00° 29' 19" West 10.00 foot; thence North 89° 39' 47"blast 116.50 feat; thenca, North 47° 04' Si3" East 14.59 feat; thence, South 89° 39' 47" Fast tOS.$9 feel m the POINT OF ltFfiINNING. Said easernwn contains 1,112 square feet, more or less. Jayker No.l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 7 - u~ff= T aeLE uNE " t.~NC ;M - ~F~RINc Li 1 __~. L2 1 " L3 " L4 . ~ " L5 1 ' LB 11 0' N '4 " L7 1 ~.~ . w r L9 67, 4'43' 37"W POINT POINT OF f3E~NNfN~G EASEMENT A SLOPE Afi~11 GRM~H~ SiCAtE 0 .70 60 (war) trd,=so A. .* 4~ s~5 a5,4~ POINT A SLOPE AREA L1 r PARCEL "8" AS DEPICTED 3 ON RECORD OF SURVEY ~-'~v N0. Si189. INSTRUMENT ~ N0. 112030314 ~ ~~ C. 80X PONT OF BEGMINING \ ~ EASEMENT 8 J ~"'~~~ / /` TELE. OSIER ~~ ~' j /% CAN ~ ~ RfSER " % %, ~ 13 EXISTING t0' PUBUG O~~L EXISTING 20' PUBLIC UT'IUTIES ./' EXISTfNIG 10' IRRIGATION AN'0 PUBLIC U11LITtES n EAStaAENT TO 8E -' ~ VACATED PARCEL "A" AS DEPICTED Olrw f2ECOf20 4F StJRVEV N0. 9169, INSTRUMENT NQ 11'~-314 i5 ~~ S9<,~. 3 ~ PARCEL "C" AS DEPICTED ON RECORD OF SURVEY NO. Qt6l~1, INSTRUMENT NQ 112030314 ~8 - ~ ON JAYKER SUBDIVISION FINAL PLAT EXISTING PUBLIC UTILITIES EASEMENT AS -' - -'"' DEPICTED ON dAYKER SUBDIVISION FINAL PLAT ~j~,~~~ EXISTING PUBLIC WTILITIES EASEMENT AS f(1!1/1l1!/!1~ DEPICTED ON JAl"KER SUBDIVISION FINAL PLAT _ a~wr_ vsee~n uNn.r sic ~~ ~e~rirw ORIgNAL LOT NUM~R ''~ IN JAKER SU6DIV1510N FlN/N. PLAT, BLOCK 1 t. LOTS SUBSEOUENAY ADJUSTED. VIA RECORD OF SURVEY NO. 9t69. F~XNIBIT B - JAYKSR 3iJHDIVISION ^^ IAZ'S 15, 16 AND 17 -- EA3EIrtENT MODIFICATI(fN ^^ oc~l-Qnt 1"ut1CATl~D IN Tfl~ NOIRTNLAB"T i/4 Cp1~I1{It~ltq, Inc. Oh SBC'i70N F.f'.', T.4N. 11i,1CR.• B.llt. w~ ~ a.rr.. w.e CITY 4F I~RIDI(AN Jl1DA COUM'Y tDAtf4 ~'~ ~`" Jayker No.l (Lots 15 and 16 & Lots 16 and 17, Block 11) -VAC-14-003 - 8 -