CC - Staff ReportReflection Ridge Sub 5 Lot 17 Blk 12 – VAC H-2017-0071 - 1 -
STAFF REPORT
Hearing Date: May 23, 2017
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
(208) 884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Reflection Ridge Subdivision No. 5, Lot 17, Block 12 – VAC (H-2017-0060)
1. APPLICATION SUMMARY
The applicant, Matt Schultz, requests approval to vacate the slope easement that exists on Lot 17,
Block 12 of Reflection Ridge Subdivision No. 5.
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-2017-
0060 as presented in the staff report for the hearing date on May 23, 2017.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number H-2017-
0060, as presented during the hearing on May 23, 2017, 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-2017-
0060 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 at 635 E. Vivid Sky Drive, in Section 30, Township 3 North, Range 1 East.
B. Owner(s):
Mission Coast Properties ID, Inc.
13402-13A Ave.
Surrey, BC Canada V4A1C3
C. Applicant:
Matt Schultz, Schultz Development
P.O. Box 1115
Meridian, ID 83680
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D. Representative:
Same as applicant
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 platted slope easement. Per Unified Development
Code Table 11-5A-2, the Director is the decision making body on vacation applications such as
this that are exempt per Idaho §50-1306A(5). However, it’s been previous policy that City
Council approves these requests at a public meeting.
6. LAND USE
A. Existing Land Use(s): The easement proposed to be vacated lies on a residential building lot (Lot
17, Block 12), zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
currently in the development process as a single-family residential subdivision, zoned R-8.
C. History of Previous Actions: In 2016, the final plat depicting the easement proposed to be vacated
was recorded (Bk. 110, Pg. 15760).
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 slope easement depicted and noted on Lot 17, Block 12 of
the Reflection Ridge Subdivision No. 5 recorded plat. The slope is entirely within the subject lot and
vacation of such will not require the adjustment of any existing public utility easements.
In previous phases of the development, slope easements were shown on certain lots where the
developer planned to install Homeowner’s Association maintained grass on large slopes between tiers
of lots. In other locations, private homeowner would maintain the slope and easements for such
weren’t necessary. In those cases, many homeowners chose to modify the slope with the addition of
retaining walls to increase the usable yard and flat building area of the lot.
The applicant states the slope easement should not have been depicted on the plat for the subject lot;
at this location, the slope is privately maintained.
With approval of the proposed slope easement vacation, the building/homeowner will be allowed to
modify the extent of the slope with a rock retaining wall, subject to City building permit requirements
and setbacks. Upon approval, the surveyor will record and file an affidavit with the Ada County
Recorder’s office which will link to the plat that modifies note #11 on the plat to exclude Lot 17,
Block 12 from the list of lots subject to the slope easement.
The owner/developer of this lot has submitted a written request/consent to vacate the subject
easement. Therefore, Staff recommends approval of the vacation application as proposed in Exhibit
A.2.
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9. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Existing Slope Easement to be Vacated
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A. Drawings
1. Vicinity/Zoning Map
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2: Recorded Plat
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3. Existing Slope Easement to be Vacated
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