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CC - Staff Report 11-17 STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/17/2020 Legend DATE: Project Location TO: Mayor&City Council -j FROM: Alan Tiefenbach,Associate Planner 208-489-0573 ®.®m SUBJECT: H-2020-0103 3 � Swn Union 93 (AKA Meridian Station) m = LOCATION: SEC of N. Main St. and E. Broadway M T]UJ I Ave.,north of the railroad tracks. ! - ;. - -- - L PROJECT DESCRIPTION Request to vacate approximately 0.43 acres of existing public right-of-way that was dedicated with the Amended Plat of Rowan Addition. II. APPLICANT INFORMATION A. Applicant: Mike Chidester,Galena Opportunity Fund—999 W. Main Street, STE 1400,Boise, ID 83701 B. Owner: ADA County Highway District(ACHD) III. STAFF ANALYSIS The applicant requests approval to vacate .43 acres of platted right-of-way(ROW) dedicated with the Amended Plat of Rowan Addition in 1895 (see Exhibit V.B). The portions of right of way that were dedicated includes a public alley, Broadway Ave. and Railroad Ave. The subject request includes vacating a portion of the Broadway Ave. ROW and all of the public alley and Railroad Ave. ROW in order to construct two(2) 100-foot tall vertically integrated structures.The proposed towers are shown to be located within these portions of ROW (see Exhibit V.Q. A condition of approval of the CUP requires the applicant to secure the vacation approval prior to submitting for a certificate of zoning compliance. The applicant has submitted letters from potential easement holders (Idaho Power and Intermountain Gas). These agencies have submitted written consent agreeing to vacate the easements (see Exhibit V.D.). However,Idaho Power has responded they maintain electrical facilities near or within the vacation area and they retain all existing rights to operate,maintain,repair,replace, or otherwise Page 1 modify the lines. The applicant should coordinate with Idaho Power and ACHD regarding the relocation of these lines prior to commencing with construction on the site. Per ACHD,the applicant will be dedicating additional right-of-way along N. Main Street and E. Broadway Avenue to accommodate other utility providers. In order for ACHD to act on the applicant's request to vacate the existing right-of-way, ACHD must receive a recommendation for approval (consent) from the City Council. Because the applicant's request is consistent with the condition approved with the Meridian Station project, staff supports the request to vacate the surplus ROW as proposed. IV. DECISION A. Staff: Staff recommends the Council approve the subject vacation application. Page 2 L -day Are' C[iroadway Avc - .�,. T�y�'{f�.r Mendian�CCify HaU - - �• •=r- - EBower.St E,Bower Sr E�6ower St E'Ada SS = '� ... PIL6,1— if --- — E,Ki St �P ��- ��.1Y•f aylOf RvcE�� - I �!� v. _ � —'- vwmi � .. • N� - - - S .i -.,.- l:a.:Baia;e'.'61S ;rw�parr��:M';.'.',,;:,.r:echn;,�ytis to p}Dr�or.,::.�.;c6; B. Legal Description and Exhibit Map of Public Right of Way Proposed to be Vacated 5awtooth Lard 5urvepnr3, LLC 2030 5, Washington Ave„ rmmea. IQ 53G 17 A HD Relinquishment Parcels Description Parcel I- A parcel of land being thal pal of Rsilroad Avenue lying westerly of the easterly boundary of Block 3 oxtended, as Shawn on the off ivial plat ref the Arne rid ad Plal of Ruwan AdUitiuri Lai Mvri,diaii riled iii Buuk 2 of Plats at Page 52 of Official Records, Ada County,tocafed In NE114 SW1f4 of Sectlon T,T.3 N-, R. t E., B.M-, City of Meridian, Ada County, Idaho more particularly dascribed as follows; COMMENCING at a 518'reber wlth an iliaglble cap marking the Intersection of E.3rd Street and E- Broadway Avenue; Thence S- 01°2T54" W-, coincident with the centerline of said E-3rd Street, a distance of 402.42 feet to the northerly right of way of the Union Pacific Railroad; Thence N- 88930'19" -, coincident with said northerly right of way of the Union Pacific Railroad,a distance of 40.00 feet to said easterly boundary of Block 3 extended and the POI NT0F BEGINNEhIG Thence continuing M.8S'3()'lW W-, coincident with said northerly right of way of the Union Pacific Railroad,a distance of 153.59 feet to the west lima of said NE114 SW1K Thence N. OW2G'5" E„coincident with said west tine of the NE114 $W114, a distan❑❑of 94.61 foot to the SVV darner of said Mack 3 of the Amended Plat of Bowan Addition to Meridian; Thence S. 68°30'19" E-,coincident with the south line of said Block 3, a dista rice of 155-29 feet to the SE corner of said Block 3; Thence S. 01°21'54"W.. eoinddent wlih said easterly boundary of Black 3 extended, a distance of 84-00 Feet to the POINT OF BEG€NNING. Said Parcel 1 cont ain8 0.300 acres more or less. Parcel 2, A parcel of land being the 16-foot w€de alley located within Block 3, as shown on tyre official plat of the Amended PI of Iowan Addition to Meridian filed in Book 2 of Plaits at Page 52 of Official Records, Ada County, located in NE114 SW1M of Section 7, T- 3 N.,R- 1 E-,R.M., Cily of Meridian, Ada County, €deho more particularly doacribed as follows; COMMENCING at a W8" rebar with an illegible cap marring the intersection of E.3rd Street and E. Brndway Avenue; Thence S- 01°21`54" W„ caincidenl with the centerline of said 3rd Street, a distance of 40-00 Feet; Thence N. 89'42'22"W., 40.100 feet to the NE comer of said Block 3 P:320IM1979I-MERIDIAN ALTA BILL TRUAX{SurveylDrmMrigslDesaripti"m ACHD RELINQUISHMENT PARCELS DESCRIPTION-docx E'a �j I 1 Page 4 Thence S. 01°21'54" W..coincidentwith the easterly boundary of said Block 3,a distance of 120.84 feet to the NE corner of said alley and the POINT OF BEGINNING; Thence oontinuing, S. 01121'54" _, onlncidenl with said easterly boundary of Bleck 3,a distance of 16.00 feet to the SE corner of said alley; Thence N.88'3626'W., coincident with the southerly line of said alley, a distance of 157.22 feet to the SW corner of said alley and the westerly boundary of said Block 3; Thence N. a4'26'55'E.,coincident with said westerly boundary of Block 3, a distance of 16.00 feet to the IOW corner of said alley; Thence S. 88'36'26"E„coincident with the northerly line of Bald alley, a distance of 157.47 feet to the PONT OF BEGINNING. Said Parcel 2 ountains 0.058 acres mere or less_ Parcel 3: A parcel of land being the southerly 20_00 feet of E. Broadway Ave_, lying westerty of the Beslerly boundary of Block 3 extended as shown on the official plat of the Amended Plat of Rowan Addition to Meridian filed in Book 2 of Plats at Page 52 of Offlcial Records, Ada County. lo"eted in NE1I4 SW114 of Sectlon 7,T,3 N., R. 1 E., B_M., Cily of Meridian,Ada County, Idaho more particularly described as follows; COMMENCING at a 518" rebar with an illegible cap marking the intersection of E.3rd Strset and E. Broadway Avenue; Thence S. 01'21'54"W„coincident with the oeriterklne of said E. 3rd'9treet, a distance of 60,00 feet; Thence N. 89'4 '22"W., 44.0D feet to tha NE corner of said Block 3 and the POINT OF BEGINNING: Thence centlnuing N. 89"42'22"W., coincident wilb the northerly boundary of said Block 3, a distance of 159.40 feet to the NW corner of said Block 3 and the west line of Bald NE I14 SW114; Thence N. 00926'55"E., coincident with sand west line of the NE114 S114,a distance of 20,00 feet; Thence S.88°42'22'E„ parallel with the north line of said Block 3 and 40_00 feat Borah of and parallel wltht the centerline of said E. Broadway Ave., a distance of 159.72 feet to said easterly boundary of Block 3 extended; Thence S_ 91°21'54"W., coincident with sated easterly boundary of Block 3 extended, a distance of 20.00 feet to the POINT OF BEGINNING_ Said Parcel 3 contains 0.073 acres rncire or less. b 1S R� 11574 SEA P;12419119297-MERIDIAN ALTA 61LL TRUAXJ SuruayVDrawingskdescriptionslACHD RELINQUISHMENT PARCELS DE3CRIPTICN,docx Page 5 - - - - - - - -- �_ - - - - - - - - - - - - - - _ - - - - - - ' 1 F IROEggyAl'E —_---- I------ ---`- f ! ff �- N�+1172'WW a5R4P All1Y� _ I POAn(.X B[{�Y�'1G�N�^ZIIW f I PA4CH 3 k u+r'E t>tazE � I IAE BEARING OYGT PoF+T(�L�QMG � u sva�asa w anro �-� q Lt N -'Y5'F 'a`o8�— __ sw76zcE InQ � 50171'Sf'W E6.W' I L9 N W°[6'S3F a6.lp' S Rve�1_0.D5BACt ^� rn ' 3�L I B I 11 sISSUJf�E s4.� L II3 I �� a�r iA � 1894Rf11OAY! - - - - - - - - - - - - - - - - - - - - A 8 a Y $ PR�P9CT• p1M1A�°�RL.� 2030 S.WASMNGTON AVE onec e 0. ACHA REL1NQU1S"MEN7 FARCFLS EPfBJT -I a02 w ewJNO .ST. EMMETT,IO 8361� !(J� NE M=#204 P 206 348-8I04 areO=* O T. N.,R SEC770N 7 9FE 0 i�pT� s N..R-t e,s.M. BMW,in sVGz k 208 398-8105 19297 ADA MUNTY,IOANP (M)336-SM5Ff�T BEAD N7m LwTE lW-1 4Yt5 l d .x 4[G W-MWTOOTHL5.CAM 271 Page 6 C. Site Plan Showing the Location of the Meridian Station Buildings Am .I +cNSRnYW YUYIY f~� ' 1 I 1 - Y r I — lYESi 6UIU}INCx I��� W I — — — — — — — — — — — — —'- — —xa.r------ .------- UNFOH PACIFEC RAIL - ---"" —"--- -"'--------- -----f-- Page 7 D. Relinquishment Letters QNPOMR9 un IaRCORP eomparry September 24,2020 Sent via email to: shartsock(dachdidaho.org Re: East Broady.ay Investment Company, LLC request to vacate a portion of NE 3"St. and E. Broadway A-°e. Bear Commissioners: This is in response to the Notice of Public Hearing sent to Idaho Power Company received in our office September 22, 2020, regarding the possible vacation of tluee certain parcels within the Amended Plat of Rowan Addition to Meridian identified in the attached public notice (exhibit A),legal description(exhibit B), and aerial image(exhibit C). Idaho Power's records indicate that the Company does maintain electrical facilities within or near the proposed parcels. We are acceptable to vacating the three parcels however. -we must retaui all existing rights related thereto and require that any vacation of the parcels by Ada County Highway District reserve to Idaho Power the continued right to operate.maintain. repair. replace, or otherwise modify or add to Idaho Power's facilities within the Right-of-Way. including the right of ingress and egress thereto. Thank you for providing Idaho Power Company the opporhinity to review and continent neon the subject petition for Yacation. Sincerely, Irista Englund Associate Real Estate Specialist Land Management and Permitting Department Corporate Real Estate Idaho Power Company 208-388-2245 kenglundCaidahopol-er.com Page 8 EASEMENT VACATION Vacate the utility easement within Block 3 of Rowan Addition, See attached ACHD relinquishment Parcels DieS iPLiOn INTERM0LINTAIN GAS COM PAN Y Eby- Title: SPATE()F IDAH0 COUNTY OF ADA � On this day of c hi the ycar-of ��� , before me,the undcMignccl,personally appearod c -, '. know i to pie (o bu the person whose name is subscribt-d [a t Within imtruincnt, who.being by ine first duly sworn., slid depose and say that he is - aT' 0C lntennouritain Gas company and the he cxLcutcd (he foregoing ins ent on behalf of said firm Cor the use and purpnscs �tcd therein, IN WITNESS WHEREOF, if lave:se my hand and affixed my official st al the day and year in this certificate first above written, (Nf-%\ } . 0 MI:SHELLE Sit4al-ETON Af etaiy Public for Idaho mOTAW pUl3UC Residing at: 5SAT7<O!F IDAHO } Commission Expires= — 1� Page 9