PZ - Staff ReportRolling Hill Subdivisión – H-2016-0037 - 1 -
STAFF REPORT
Hearing Date: April 19, 2016
TO: Mayor and City Council
FROM: Josh Beach, Associate Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Rolling Hill Subdivision Vacation – H-2016-0037
1. APPLICATION SUMMARY
The applicant is requesting approval to vacate 10-foot wide public utility and drainage easement that
was created with Rolling Hill Subdivision. The easement runs north/south through the middle of Lot
1, Block 2 of Rolling Hill Subdivision.
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 H-2016-
0037, as presented in the staff report for the hearing date on April 19, 2016.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number H-2016-
0037, as presented during the hearing on April 19, 2016, 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 H-2016-
0037 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 on the NW corner of E. Overland Road and S. Rolling Hills Drive (Parcel #
R7555000172) in the NE ¼ of Section 16, Township 3 North, Range 1 East.
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B. Applicant/Owner(s):
Clarence McClain
11810 Highlander
Boise, ID 83709
C. 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 platted easement created with Rolling Hill
Subdivision. 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 28 and April 11, 2016
B. Radius notices mailed to properties within 300 feet on: March 24, 2016
6. LAND USE
A. Existing Land Use(s): This property is currently a vacant residential lot, zoned R-1 (Ada
County).
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
primarily developed with single family residences, zoned R-1 and RUT in Ada County.
C. History of Previous Actions:
In 2014, the subject property received approval for annexation and zoning as well as a
Comprehensive Plan Map Amendment (AZ-14-013 and CPAM-14-002). The development
agreement (DA) required with the annexation of the property has not been executed therefore
the property has not been officially annexed into the City. NOTE: A draft DA has been sent
to the applicant for signature but it has not been returned for Council approval.
7. AGENCY COMMENTS MEETING
No comments were received by the Planning Division from other City departments for the subject
application.
8. STAFF ANALYSIS
State statute 50-1306(A) gives the city Council the authority to grant vacations within one (!)
mile of the city’s jurisdiction.
The applicant requests approval to vacate a 10-foot wide public utility and drainage easement that
runs north/south through the property. Once the property is officially annexed and the vacation
process complete, the applicant proposes to construct a flex building on the site consist with the
approved concept plan attached to the draft development agreement (see Exhibit A.5). The easement
must be vacated prior to construction commencing on the site.
Further, staff have received complaints from the adjacent neighbors regarding the amount of fill that
was brought into the site and that irrigation water was been terminated to the adjacent property to the
north. These are County issues until the property is annexed into the City. The property is in the flood
plain and must obtain approval of a flood plain development permit prior to construction occurring on
the property.
The applicant has received approval from all of the applicable public utilities (Idaho Power, Century
Link, Cable One, Intermountain Gas, and Nampa Meridian Irrigation District) to vacate the easement.
Staff recommends approval of vacating the easement as proposed.
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9. EXHIBITS
A. Drawings
1. Vicinity Map
2. Recorded Plat
3. Exhibit Map of Easement to be Vacated
4. Recorded Record of Survey (ROS 9861)
5. Approved Concept Plan for Tribal Fire Subdivision
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A. Drawings
1. Vicinity Map
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2. Recorded Plat
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3. Exhibit Map of Easement to be Vacated
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4. Recorded Record of Survey (ROS 9861)
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5. Approved Concept Plan for Tribal Fire Subdivision