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CC - Staff ReportSeyam Subdivision VAC H-2016-0123 - 1 - STAFF REPORT Hearing Date: November 22, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Seyam Subdivision – VAC (H-2016-0123) 1. APPLICATION SUMMARY The applicant, Volante Investments, LLLP, requests approval to vacate note #10, which states Lot 3, Block 1 is a non-buildable lot, and the associated graphic depiction on the Seyam Subdivision final plat. 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- 0123, as presented in the staff report for the hearing date on November 22, 2016. Denial After considering all staff, applicant, and public testimony, I move to deny File Number H-2016- 0123, as presented during the hearing on November 22, 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- 0123 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 north side of E. Franklin Road, approximately ½ mile east of N. Eagle Road, in the SW ¼ of Section 9, Township 3 North, Range 1 East. B. Owner(s): Volante Investments, LLLP 3084 E. Lanark St. Meridian, ID 83642 C. Applicant: Same as owner Seyam Subdivision VAC H-2016-0123 - 2 - D. Representative: Brad Miller, Volante Investments, LLLP 3084 E. Lanark St. Meridian, ID 83642 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 A. The subject application is a request to vacate a note and graphic depiction on the final plat. Per Meridian City Code Title 11, Chapter 5, 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. B. Newspaper notifications published on: October 31 and November 7, 2016 C. Radius notices mailed to properties within 300 feet on: October 28, 2016 6. LAND USE A. Existing Land Use(s): The subject property consists of vacant/undeveloped property that is zoned I-L. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Industrial property, zoned I-L South: E. Franklin Road and vacant/undeveloped land, zoned L-O East: Rural residential/agricultural property (recently acquired by the subject developer), zoned RUT in Ada County West: Industrial property (developed & undeveloped), zoned I-L C. History of Previous Actions: The preliminary plat (PP-06-055) was approved in 2007; and the final plat (FP-09-008) was approved in 2009 and recorded in 2015. 7. STAFF ANALYSIS The applicant requests approval to vacate note #10, which states Lot 3, Block 1 is a non-buildable lot, and the associated graphic depiction within said lot on the Seyam Subdivision final plat. When the preliminary plat for this subdivision was approved, Lanark Street was only proposed to extend to the east boundary of Phase I (the west side of Lot 3, Block 1). Staff felt that City sewer and water services and Lanark Street needed to extend all the way to the east boundary of the preliminary plat (the east side of Lot 3, Block 1) to ensure the property owner(s) to the east had access to City services as well as access to the stoplight at the intersection of Touchmark Way and Franklin Road via Lanark Street. The applicant did not wish to extend services and the public street to the adjacent property; therefore, Lot 3, Block 1 was restricted as a non-buildable lot until such time as a new preliminary and final plat is approved for that lot which depicts the extension of Lanark Street and City water and sewer services to the east boundary of the site. No Certificates of Zoning Compliance or building permits were allowed to be issued until that time. Since then, the subject developer has purchased the three (3) 5-acre properties to the east and intends to submit a preliminary plat application for those properties and Lot 3, Block 1 of Seyam Subdivision. In the interim, the developer would like to obtain a building permit for a 45,000 square foot warehouse building for a national tenant on the north end of Lot 3, Block 1. Approval of the subject request will allow the developer to get started on construction. Seyam Subdivision VAC H-2016-0123 - 3 - Because the developer now owns the adjacent parcels and access and City services are not be ing withheld from another property owner, Staff recommends approval to City Council of the vacation request. 8. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Seyam Subdivision Plat Seyam Subdivision VAC H-2016-0123 - 4 - A. Drawings 1. Vicinity/Zoning Map XY""d C-G R-4 C-G L-O RUT R-8 M1 RUT L-O RUT C-C M1 RUT I-L C-G R1 R1 L-O C2 R1 L-O L-O R2 E FRANKLIN RD S E A G L E R D N E A G L E R D E P IN E A V E E ST LUKES ST N R O S A R I O S T S R A V E N S W O O D D R E SPRINGWOOD DR S A R B O R L N N G A U D I A N S A V E E COMMERCIAL CT EAUTUMNWAY N P R I N C I P L E P L ESPRINGWOODDR S W O R T H W A Y E AUTUMN WAY E LANARK ST E LOUISE DR S B R O O K L Y N A V E N T O U C H M A R K W A Y E PUT T E R L N N T O U C H M A R K A V E E LANARK ST E L A N A R K D R E COMMERCIAL ST S T O U C H M A R K W A Y S TOUCHMARKWAY S N I S T L E R L N N O L S O N A V E Seyam Subdivision VAC H-2016-0123 - 5 - 2. Seyam Subdivision Plat