Staff Report - CCSTAFF REPORT C�wIDIAN--
Hearing Date: February 3, 2015 IDAHO 1
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
(208) 884-5533
SUBJECT: VAC -15-001 — Denison Vacation
1. APPLICATION SUMMARY
The applicant is requesting approval to vacate a portion of 5 -foot wide public utility, drainage, and
irrigation (PUDI) easement located on the interior lot line Lot 17, Block 11 of Jayker Subdivision
No. 1.
2. STAFF RECOMMENDATION
Staff recommends approval of the subject vacation application with the modifications shown in
Exhibit A.3 and the conditions of approval in Exhibit B.
3. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve File Number VAC -15-
001, as presented in the staff report for the hearing date on February 3, 2015.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number VAC -15-
001, as presented during the hearing on February 3, 2015, 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 -15-
001 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 1/4 of
Section 22, Township 4 North, Range 1 West. (Parcel #'s: R4588420892)
B. Applicant/Owner(s):
Kevin Denison
P.O. Box 44690
Boise, Idaho 83711
Denison —VAC -15-001 - 1 -
C. Representative:
Pat Tealey, Tealey's Land Surveying
12594 W. Explorer Drive, Suite #150
Boise, Idaho 83711
D. 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 a portion of a platted easement. 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: January 12, and 26, 2015
B. Radius notices mailed to properties within 300 feet on: January 9, 2015
6. LAND USE
A. Existing Land Use(s): This property is currently is a single family residential lot, zoned R-2. A
single family residence is currently under construction.
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 in Ada County.
C. History of Previous Actions:
➢ The subject property is part of Jayker Subdivision No. 1 which received final plat (FP -07-
026) approval in 2007.
➢ In 2011, the property received approval of a vacation and final plat modification application
(VAC -11-003 and MFP-11-003) that eliminated Lot 17, Block l Ifrom taking access from a
common driveway and removed Lot 18, Block 11 as a common lot. A portion of Lot 17,
Block 11 and Lot 18, Block 11 were later consolidated through the approval of property
boundary adjustment (PBA -12-001). The record of survey did not vacate the platted utility
easements nor eliminate the original lot lines.
➢ In 2014, the property received approval of a vacation application (VAC -14-003) to vacate a
portion of the 5 -foot PUDI easement on the north boundary of Lot 17, Block 11.
7. AGENCY COMMENTS MEETING
No comments were received by the Planning Division from other City departments for the subject
application.
S. STAFF ANALYSIS
The applicant requests approval to vacate a portion of the 5 -foot wide public utility, drainage, and
irrigation (PUDI) easement located on the interior lot line (southern boundary) of Lot 17, Block 11 of
Jayker Subdivision No. I I. As mentioned above, the property received approval of a property boundary
adjustment application to reconfigure the property. The approved record of survey (ROS)
incorporated a portion of Lot 17, Block 11 and all of Lot 18, Block 11 into a single parcel (see
Exhibit A.2). The applicant has received a building permit to construct a single family residence on
the property and a portion of the foundation for the new residence will extend into the platted
easement. In order to obtain occupancy of the home, the applicant must vacate a portion of the
easement to eliminate the encroachment.
The applicant has received approval from all of the applicable public utilities (Idaho Power, Century
Denison —VAC -15-001 - 2 -
Link, Cable One, Intermountain Gas, Settlers Irrigation District and United Water) to vacate the
easement. However, United Water is not in favor of vacating the entire easement because they have
an existing 12 -inch water main along the south boundary of the future home. NOTE: The 12 -inch
water main is currently located within an existing 20 foot wide easement; keeping a portion of the
easement in place will allow them the extra easement width if maintenance/repair is required in the
future. With the application submittal, the applicant has provided a hold harmless agreement between
the property owner and United Water that grants a partial relinquishment of the easement (56' X 4')
(see exhibit A.3). The remaining portion of the easement will be for the benefit of United Water
because all of the other utility providers have granted their consent to vacate the entire 5 -foot PUDI
easement.
Although the utility providers have not requested the establishment of any new easements, staff
believes the applicant should also dedicate new PUDI easements along the south side of the northwest
and north boundary of Parcel C of ROS 9169 as depicted in Exhibit A.3. Prior to the approval of the
Resolution by the City, the applicant must complete the following:
1) record a new 5 -foot wide public utility, irrigation and drainage easement along the south side of
the northwest and north boundary of Parcel C of ROS 9169 as depicted in Exhibit A.3.
Staff recommends approval of vacating a portion of the easement in accord with the conditions of
approval in Exhibit B.
9. EXHIBITS
A. Drawings
1. Vicinity Map
2. Recorded Record of Survey (ROS 9169)
3. Legal Description and Exhibit Map Depicting the Easement to be Vacated
B. Conditions of Approval
Denison —VAC -15-001 - 3 -
A. Drawings
1. Vicinity Map
Vicinity Map
Legend
u
Area of Impact
Parcels - Meridian
J
R2
z '
NI
7 �
Ir
' R-8
W Snot4-�-J
Cherry Ct
N
ID 3 ? W Bay m--7
mP ooh Oak St v L
lvay m R-15 01-
R-8
R-8 W c
Wed
R-8
Prin` Date: 1'26'2015
0 0.175 0.35
Miles
The information shown on this map is compiled from
various sources and is Subject to constant revision. The City
of Meridian makes no warranty or guarantee as to the
content, accuracy, timeliness, or completeness of any of ths
data provided, and assumes no legal responsibility for the
information contained on this map.
R -8
RUT
R-4
0 11F -
(: E IDIAN--
Denison —VAC -15-001 - 4 -
2. Recorded Record of Survey (ROS 9169)
��ttNiKt ww
ACKNON{.iC®MiNT
9=w*X1 N
i w R/A i T wrri r �w r •RI+• r a•r rugs
s•rorw�itt�ii:.�rNie frfMi�roNiaw wii • Ncrir.w lNofsNi
tKMN •A4N iM SRNV K..sawx.w ro •uw iAr
dK?iIW M •1I[.
.�w.•rrwro r+rr lure ue rr rl•wvw r+•aan4M1 �•• xT b
CJ— ill
'A
00.
.�* I.
Wr
i} 36J19t sF
IS 0.•t AC.
amm OF MMVEY N0. I'�t�iLrr�
"TRuww N0. 11t11�011y_
N
PROPERTY BOtMARY ADJUSTAENT
RECORD OF SURVEY
FOR
SPURWING GREENS, LLC
40 IK 0 A0 u uo = K it 17 &M MASK 11
A110A1 aam= - fte I
/CALLf N Rtt AM M U ff IA V O m A
r • 40 t Rif am
L ECIEND
NUOART LM
MAWW PNMTt LOOK
R•7NK FARC. Lw
film^ IDA • • ' N RAPq
CERTIFICATE Or OWNERS
iiwnw�irr iwii Y°'r°m°o ne N•N+r •owrrrrmKrrc•re rw+*r
YiG �W9����Ri
L AIID_.
ACKNOWLAMOMCrT
�u�ilv�ai r
YtwoNl�MnK ML.{R •1T.7fpI11�INN�pN A[iN�Nt{I�.[1Aw�tltl�yt y��K MyM�xr`�yrtr
NKNr�NO'WW�.Bf0.1e MMK. ■IOMVKWl11110 WFJ1Y MN
M ali�pt iinN•. I rK •KBMI t[t A+IIY• 4• rAt 11R ry MI NN A flR RtN[ita MR RN• Ita1M.
M►F
CERTFlOAIE OF SVRVEYDR
•N•t1q•Y INA•' y yj.�l
K•wL wr I 5 �\yA. �.
LRtt
ATTKNTION
�• I S� ITR NIp•Y/11K lONK1MK••itt KT
•C' 1�� tw°w'tiw+wRw sti.rMw T�iRm•v�tr•R of
tl.rXff �r•. j �rSt��"K .�xr41Riiw " ADA COVNTT IKCORD[R'1 CEItTIFICAii
r tx RN A•. N
I I •. s •w•+w rami• • uru• raa •• ii•a• i •moi• i T� �,r ,,,
-------------
7
M
�'+-II --- rLURor�a�w r�irR•xR 1 an tNw�A�na�" �1g��r�i 1..TA:�uFRiv'��ui'�•Nw%i
� I RRIi•N /•.-i�lw. Ll N• -L
-N M�►Y'P i1 IT1.O� :�..- _ NOTEt �t:.�J: - l�i'�"
� � aa«• tw I•nKlrr KrnAn�ar nww• R rt
,yx IwirNiri uIe •r ' i x i viii Ni"L�i�RA+ia° i� s
i
w ••neI w Rs t. r: aue+r uRroRirr.T aaraw. llAf fY'i LAW WIIYIEYMN
uAr.Ie ay.N. ; a, RK rur w wnra naoiRaR- MAK i NR Burr. xo
tlllAtn •a}iM1R+ r tM a ~ ..�. Mr •t•.a RVR
S. MtMlaRRK\0tNOIMK A 4' I gBIER/
tiKAfYr rr � wA1 ficll N N9N i• Airs Mf
REdIMM MM NO. IN-ft-"-0-MI-W4110 . 0" '�
Denison —VAC -15-001 - 5 -
www
•'•RSAW
N2 JI.NRR "-
- NMF I PIAT
O
•
FW"sw Mo nR
rM• VI' ••I M
•
FT f/s• x ID• In" M vtw
RI G! 11u[ I I
•
at VI• M r IM FN 1V0N
Y•t r�MT
R,IMIRATM NM. 1RT -
. I
w
A{•LIC i1rt.ICM dFlaT
MIT Of Ww"
film^ IDA • • ' N RAPq
CERTIFICATE Or OWNERS
iiwnw�irr iwii Y°'r°m°o ne N•N+r •owrrrrmKrrc•re rw+*r
YiG �W9����Ri
L AIID_.
ACKNOWLAMOMCrT
�u�ilv�ai r
YtwoNl�MnK ML.{R •1T.7fpI11�INN�pN A[iN�Nt{I�.[1Aw�tltl�yt y��K MyM�xr`�yrtr
NKNr�NO'WW�.Bf0.1e MMK. ■IOMVKWl11110 WFJ1Y MN
M ali�pt iinN•. I rK •KBMI t[t A+IIY• 4• rAt 11R ry MI NN A flR RtN[ita MR RN• Ita1M.
M►F
CERTFlOAIE OF SVRVEYDR
•N•t1q•Y INA•' y yj.�l
K•wL wr I 5 �\yA. �.
LRtt
ATTKNTION
�• I S� ITR NIp•Y/11K lONK1MK••itt KT
•C' 1�� tw°w'tiw+wRw sti.rMw T�iRm•v�tr•R of
tl.rXff �r•. j �rSt��"K .�xr41Riiw " ADA COVNTT IKCORD[R'1 CEItTIFICAii
r tx RN A•. N
I I •. s •w•+w rami• • uru• raa •• ii•a• i •moi• i T� �,r ,,,
-------------
7
M
�'+-II --- rLURor�a�w r�irR•xR 1 an tNw�A�na�" �1g��r�i 1..TA:�uFRiv'��ui'�•Nw%i
� I RRIi•N /•.-i�lw. Ll N• -L
-N M�►Y'P i1 IT1.O� :�..- _ NOTEt �t:.�J: - l�i'�"
� � aa«• tw I•nKlrr KrnAn�ar nww• R rt
,yx IwirNiri uIe •r ' i x i viii Ni"L�i�RA+ia° i� s
i
w ••neI w Rs t. r: aue+r uRroRirr.T aaraw. llAf fY'i LAW WIIYIEYMN
uAr.Ie ay.N. ; a, RK rur w wnra naoiRaR- MAK i NR Burr. xo
tlllAtn •a}iM1R+ r tM a ~ ..�. Mr •t•.a RVR
S. MtMlaRRK\0tNOIMK A 4' I gBIER/
tiKAfYr rr � wA1 ficll N N9N i• Airs Mf
REdIMM MM NO. IN-ft-"-0-MI-W4110 . 0" '�
Denison —VAC -15-001 - 5 -
3. Legal Description and Exhibit Map Depicting the PUDI Easement to be Vacated
TEALEY'S LAND 12W W. Explorer Drive, suite 150 "Roue, Idaho 83713
SURVEYING (206) 305.06M
a] L Fax (208) 385.OG i
Project. No.: 3881
Date: January 27, 2015
DESCRIPTION FOR
VACATION OF UNITED WATER IDAHO EASEMENT
DENISON PROPERTY
A portion of the 5400t public utility easement lying in Lot 17 of Block 11 of Jsyker
Subdivision — Phase 1, as filed for record in the office of the Ada County Recorder, Boise,
Idaho in Book 101 of plats at page 13341, lying in the NE %of Section 22, TAN., RAW.,
B.M., Meridian, Ada County, Idaho and more particularly described as follows:
COMMENCING at an iron pin marking the Southeast comer of said Lot 17; thence
along the East boundary of said Lot 17
North 00°29'19" East 5.00 feet to a point on the North line of said 5-1oot public
utility easement; thence along said North ane
North 89"39'47" West 111.38 feet to the POINT OF BEGINNING; tMnce leaving
said North Nne at right angles
South 00'20'13" West 4.00 feet to a point; thence at right angles
North 89'39'47" West 56.00 het to a pow; thence at right angles
North 00020'13" East 4.00 het to a point on said North line of the public utitity
easement; thence along said North line
South 89'39'47" East 58.00 feet to the POINT OF BEGINNING.
W:UI IZo=XVaationMi-Ease-VacoWn4*mdm -dm
Denison —VAC -15-001 - 6 -
PARCEL
EASEMENT VACATION FOR
"C" RECORD OF SURVEY NO. 9169
FOR
KEVIN DENISON
SPURWING GREENS, LLC
.'R_:Hi_ I I
I ----------------j
---------------------------- -I
0 20 40 80 ,�/ /�------------"-- '
SCALE IN FEET
1" = 40'
lY�
SJ,
PLIDI Easement w
N
on the south —
�/ z
i 3244 SALIX DRIVE a w
EXISTING FOUNDATION a E
\ N N
\ 4 0' 4.0'
25.8' GARAGE
"
/G
3881—exh.dwg 12-17-14 11:47:44 dmorks
i_T 's Ei _ - GAS LINE
t- - - - - - - - - - - - - - - -
\ APPROX.
WATER LINE
EASEMENT AREA
TO BE VACATED,
56.0' x 4.0'
TEALEY'S LAND SURVEYING
12594 W. EXPLORER DRIVE, SUITE 150
208-385-0636 BOISE, ID. 83713
DATE: 11/10/14
Denison —VAC -15-001 - 7 -
JOB NO. 3881
B. Conditions of Approval
1. Prior to the approval of the Resolution by the City, the applicant must complete the following:
• record a new 5 -foot wide public utility, irrigation and drainage easement along the south side of
the northwest and north boundary of Parcel C of ROS 9169 as depicted in Exhibit A.3.
Denison —VAC -15-001 - 8 -