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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. 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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 -