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Stutzman, D'Arlene VACWILLI,IM G. BF_'RG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY - A Good Place to Live CITY OF MERIDIAl~ 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8z Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2, 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of the southwesterly 30 feet of Washington Street ROW BY: D'Arlene Stutzman LOCATION OF PROPERTY OR PROJECT: Lot 7. Block 1 of Catherine Park Subdivision JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) Y fiit:ES~ OTHER: YOUR CONCISE REMARKS: ~C~~~~~ J ~.~ ~ ~ ~ ~g~~ CITY C~= i~l~ill1AH • • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) ~?-4813 VACATION APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT: D-_t~~lene ~, St~t„man Phone: 208-888-1928 ADDRESS: 1154 Cathy Lane, Meridian, ID 83642 OWNER: Same dba Dee R. Lynn.. Rentals Phone: Same ADDRESS: Same GENERAL LOCATION: 1184 Cathy Lane, Meridian Id LEGAL DESCRIPTION OF PROPERTY: Lot 7 Block 1 Catherine Park Sub. Meridian PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: Residential VICINITY SKETCH: A vicinity map and/or site: plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require (30 copies). SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the proposed vacation must be attached. (This information is available from the County Assessor.) Fee in the amount of $225.00 + $1.42/notice + publication costs DESCRIPTION OF PROPOSED VACATION: The Southeasterly 30 feet of what /`~, SIGNATURE: U • • z Dee R. Lvnn Rentals 1154 Cathy Lane Meridian, ID 83642 (208) 888-1928 March 30, 1996 One week before the public hearing on the herein referenced property, I agree to post notice on said property. End Wash St I _.,_ _ _... . _. ~' -~ designated strip __________.___._ ..~ ----- 1184 Cathy Lane Lot 7 Block 1 Catherine Park Subdivision { _ ._ Roylc~nce & Assoc~a~s P,A, E•neers • Surveyors • Landplar,rers 461'i Emerald, Suite D-2, Bois©, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-73>" May 15, 1996 Project No. 1726 Legal Description. D'Arlene Stutzman Street Vacation A tract of land being that portion of East V6'ashington Avenue as shown on the plat of Catherine Park Subdivision (a recorded subdivision on file in Book 53 of Plats at Pages 4707 and 4708, Records of Ada County, Idaho), situated in the Southwest 1/4 of the Northeast 1;4 of Section '7, Township 3 North, P.ange 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Northeast 1/4; thence along the westerly line of said Northeast 1/4 North 00°-00'-00" East a distance of 962.77 feet to the Pvorthwest Corner of said Catherine Park Subdivision, said Northwest Corner being the YUINT OF BEGINNING. Thence leaving said westerly line North 89°-OS'-24" East a distance of 229.92 feet to the Northeast Corner of said Catherine Park Subdivision; Thence South 32°-52'-00" West a distance of 36 09 feet to the Northeast Corner of Lot 7, Block 1 of said Catherine Park Subdivision; Thence South 89°-OS'-24" West a distance of 210.32 feet to a point on said westerly line of the Northeast 1/4; 'Thence along said westerly line North 00°-00'-00" East a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract of land contains 6603 square feet, more or less, subject to all existing easements and rights-of--way. This description was prepared from data of public record and not a field survey. Prepared By: z:\wordte,et\S 72(Ucga1.605 ROYLANCE AND ASSOCIATES P.A. 4C 19 L'merald Suite D-2 Tioise, Idaho 8370G (208) 336-7390 (208) 336-7391 Fax 51Q~AL L~~D~ J ~~~tST~q~oGgLc~ o ~~ ,c a. ,~~- ~ ~ ~ .. o ~~~UF ~OP1~,~4 w~~~-`~ . ;.~... s ff~ ~~ • _ INSTRUMENT No. x'732544 QUITCLAIM DEED For Value Received paul A. Stutzman does ' do hereby convey, release, remise and forever quit claim ,~ a ~/ unto li ~ Arlene Y. Stutzman % 9roO ~~ ~~_°'""/ ~~ ~~ ~'3lo>`'~j the following described premises, to-wit: 7 -~ LOT 1 BLOCK 1 CA'THsRIJ,:; PARK SUB LOT 3 BLOCK 1 C~ITIi~tiliJ.~ YF1t( SG3 LOT !i BLOCK 1 CAT}irt~I}Ji F:1RK SUB LCT $ BLOCK 1 CATH;RIIdr. PAtK SUB LOT 6 BLOCK 1 CATHrRINr, PA'ttK SUB LOT 7 BLOCK 1 CATH~R.II1:; PARK SUH together with their appurtenances. Dated: June 2, 1987 STATE OF 1DAH0, COUNTY OF ua~i On this '~ r'~~ day ofllGi h ~ 19~ 7•, before me, a notary public in and far said State, personally appeared ~~L/L ~-, $ %4 r~m~~ ,~•'~V 1'i~,. ~ ~' kno23n to 1ne ~to be the~.'~erson5 whgsL name I,(• ~ ~ D sub,~crib~(b to the .within instrument, and acknowledged to '~._ f ~ tih4 ~' ; /~;e executed the wme. ~~• ~J ~ 'yy~ Notary blic / Residing at /~/L'Zl~x'lli,. ,Idaho Comm. Expires ~ - ~ ~ Ci f/ ~rr.,.n rn~u,•b~~m nrra nnn~ 2° - u <i :~ ~° STATE OF IDAHO, COUNTY OF G,~~/ I hereby certify that this instrument was filed fo_r record at tha request of ~ ~(~~(,~lJ ~c12A;~~to/IIJ at ~ ~ minutes past ~ o'clock~m., thi ~~ day of 19~~ ,in my oflfce,and duly recorded in B~ of Daeds at page ' JOHN BASTIDA Ex-09! 4 Recorder' By Deputy. Fees ~ , ~~ Mai! to: 6 ~;. a?~ PNnted nn~i fur sale br Syma•York COmDaaY. OoW 0 0 ~ ~ p ~~~ ' • y ~- I m ~ ~ w I~ 0 0 ~o C ~ ~' O O ~ I ( ~ rv ~ cOi, ~ v owi ^ n C ~ ~ I ~ ~ ~ A ~~~ C I y~ o ~ ~ y ~ ~ ~ N EASr 89 s7' -~ ~ = z Rl ~ ~ -44.59 -~ ~ ~ w w~ N~ o a y> ~ I a~ i ~ ~ W N N O ~ ~ ~ ~ O IO Z ~ ~. a ,~ n1 ., I ~ Rl ~o ti r ~ 00 ~ O 'A O IO = o y , ~ n -• _ = n ~, ~ I ~ ; o w w a n ~ ~ ~ ~ o~a~~'roZ ~ ~ J a w O ~ EAST 94.89 -- y ~ p -49.8/ ~ --~ ~ ~ ~ I ~ 2 11~ ~ ~ ? ~ r ~ N~ w~ p ~ ~ I~ `~ p n, ~ ° twi, ~ I ~ ~ ~ ° n ~i ~' ~ ~ I O I I ti I ~ EAST /Lb.l/~ ---1 ~ ~ -- 55.03-- ~ Rl O I~ Z 'o ~s ~ O O ~ ~ ~ / 57 74 I O ~ 0 F~,, a ~ ~~ ~~ I o y ~ I ~ / Cv~ EAST /38.38 ~-- - ~ 25' ~ o ---84. B/- --, ~ / ~ ti ~O ~~ ~ ~ I 0~ ,~~ ~ 10 ~6 ti O O b I. ti -- - ` -~I ' ~ 44.68 / ///. 5/ \ .b9. • N 89° 05' 24 "E 229.92' ~ ~ A n I = O O Z ~c C Z r a y ti n O Z O ~ 2 n WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C L ENN R. BENTLEY G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887.2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2, 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of the southwesterly 30 feet of Washington Street ROW BY: D'Arlene Stutzman LOCATION OF PROPERTY OR PROJECT: Lot 7, Block 1 of Catherine Park ubdivision JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER • • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 VACATION APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT: n~e,-lee ~, c,-~ Phone: 208-888-1928 ADDRESS: 1154 Cathy Lane, Meridian, ID 83642 OWNER: Same dba Dee R. Lynn... Rentals Phone: Same ADDRESS: GENERAL LOCATION: 1184 Cathy Lane, Meridian Id LEGAL DESCRIPTION OF PROPERTY: Lot 7 Block 1 Catherine Park Sub. Meridian PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: Residential VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require (30 copies). SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the proposed vacation must be attached. (This information is available from the County Assessor.) Fee in the amount of $225.00 + $1.42/notice + publication costs DESCRIPTION OF PROPOSED VACATION: The Southeasterly 30 feet of what r SIGNATURE: Same . . z Dee R. Lvnn Rentals 1154 Cathy Lane Meridian, ID 83642 (208) 888-1928 March 30, 1996 Ong week before the public hearing on the herein referenced property, I agree to post notice on said property. End Wash S t I -- des~ed strip 1184 Cathy Lane Lot 7 Block 1 Catherine Park Subdivision Rfl lance & Associa~s P,A, v Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Bofse, Idaho 83706 Legal Description D'Arlene Stutzman Street Vacation Telephone (208) 336-7390 Fax (208) 336-7391 May 15, 1996 Project No. 1726 A tract of land being that portion of Fast Washington Avenue as shown on the plat of Catherine Park Subdivision (a recorded subdivision on file in Book 53 of Plats at Pages 4707 and 4708, Records of Ada County, Idaho.), situated in the Southwest 1/4 of the Northeast 114 of Section '7, Totivnship 3 North, P.ange 1 East, Boise Meridian, Ada County, Idaho, described as follows: Corrunencing at the Southwest Corner of said Northeast 1/4; thence along the westerly line of said Northeast 1/4 North 00°-00'-00" East a distance of 962.77 feet to the IvTorthwest Corner of said Catherine Park Subdivision, said Northwest Corner being the POINT OF BEGINNING. Thence leaving said westerly line North 89°-OS'-24" East a distance of 229.92 feet to the Northeast Corner of said Catherine Park Subdivision; Thence South 32°-52'-00" West a distance of 36 09 feet to the Northeast Corner of Lot 7, Block 1 of said Catherine Park Subdivision; Thence South 89°-OS'-24" West a distance of 210.32 feet to a point on said westerly line of the Northeast 1/4; `Thence along said westerly line North 00°-00'-00" East a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract of land contains 6603 square feet, more or less, subject to all existing easements and rights-of--way. This description was prepared from data of public record and not a field survey. Prepared By: RUYLANCE AND ASSOCIATES P.A. 4619 Emerald Suite D-2 Boise, Idaho 83706 (208) 336-7390 (208) 336-7391 Fax z:\wordtexi\1726Uega1.605 s`~~~/9~ INSTRUMENT No. x'732544 QUITCLAIM DEED For Value Received paul A. Stutzman does do hereby convey, release, remise and forever quit claim , D r' '~// unto li (Arlene Y. Stutzman ! 9~~ ~• ~~_°""/~~ ~(~ ~',3lor"~ ~~e. n-i the following described premises, to-wit : 7 `~ LOT 1 BLOCK 1 CA'THdRIiv: PARK SUB LOT 3 BLOCK 1 C;lTk~fCi1~ Pt:RK SUB LOT la BLOCK 1 CAT}iZIlir', F:1RK SUB LCT 5 BLOCK 1 CATH~R,IN1; PAtK SUB LOT 6 BLOCK 1 CATHERINE PA'r2K SUB f LOT 7 BLOCK 1 ' CATH.:i~.IIJd PAi~K SUB together with their appurtenances. Dated: June 2, 1987 - za ., STATE OF IDAHO, COUNTY OF On this f "~~ day of lIC! h 2 19~ 7', „ before me, a notary public in and for said State, perlsonally apReared j'~L/L /4-, $ %C! r7.riay9•~ I ~ ' ~ 'knoVn to pie to be th~r'person5 wh4S L name !,T ~ ~ sub.,c ib~6\to the .withfin instrument, and acknowledged to . P~ rh~ C~ '; /,l;e executed the same. -~-'-- - ' Notary blic liesiding• at ~~' yl~~~Cy, ,Idaho Comm. Expires ~ too-.n quud~dm nerd 11nn~ STATE OF IDAHO, COUNTY OF ~/ 4 I herebq certify that this instrument was filed for record at the regaeet of ~JL~f t~(~J ~d~~,fiGGZ1lJ at ~ f7 minutes past ~ o'clock~m., thi ~~ day of ~ ~'~: 18 ~~ , in my office, and duly recorded in B of Beds at page JOHN B~gSTIDA Ex-081 Recorder' B y Deputy. Fees ~ e AD Mail to: Printed and fur asle br Srm.-York Comnanr. Sous • i z Dee R. Lynn Rentals 1154 Cathy Lane Meridian, ID 83642 (208) 888-1928 Certified to: Diana Stewert 1062 Cathy Lane Meridian, ID 83642 Nicholas Mugele 1092 Cathy Lane, Meridian, ID 83642 ,~a r b~ ~ ~:;, -5 m ; -~ h 1124 Cathy Lane Meridian, ID 83542 Nora Overton 532 East State Meridian, ID 83642 School Dist. #2 911 Meridian Meridian, ID 83642 B W Inc. 250 S. Beachwood Suite 120 Boise, ID 83709 Robert & Karla Jones 1.155 S. Linder Rd. Meridian, ID 83642 Add: Ruth Crow 8921 Sun~~ourer b~i8e, iD. 83704 Tnhn ~ Lucille Leavell.e 2484 Sunshine Dr. Boise, ID 83712 Devco Properties P.O.Bnx 1228 Boise. TD 83701 llouglas Noitemeier 1012 Cathy Lane Meridian, ID 83642 Rick ~'oung 1042 Cathy Lan? Meridian, ID 83642 Ronald & Charlotte D~.ckman 1116 E. 50th. Meridian, Id. 83642 H.L. Rich 512 E. Carlton Meridian, ID 83642 Anthony L. Stoppello 509 E. Washington Meridian, ID 83642 Cliffjohn & Traci Rumsey 912 F. Ashford St. Meridian, ID 83642 David A. Stevenson 1051 N. Maple Creek Ave. Meridian, ID 83642 Terry & C. Lynn Walkens 1043 N. Maple Creek Ave. Meridian, ID 83642 Sawtooth Homes. iNC. 6163 Sterling Drive Boise, ID 83703 ~* i i INSTRUMENT No. x'732544 • QUITCLAIM DEED For Value Received pawl A. Stutzman does ' do hereby convey, release, remise and forever quit claim onto li Arlene Y. Stutzman - 9 _ ~c, ~„310~'` the following described premises, to-wit: `~~ ` LOT 1 BLOCK 1 CATH:.'RIi~i~ PARK SUB LOT 3 BLOCK 1 C,i`I';:~;tl'! ivy 1'ti.FtK :iU: LOT !t BLOCK 1 CATI-i~i~Ii1 F:~RK SUB LO1 5 BLOCK 1 CATH~RIPdL PEi~?.K SUB LOT 6 BLOCK 1 CATHr~RINr, PAi~K SUB ~ LOT 7 BLOCK 1 CATH~:-~.II'•!li PF.i~.K SUB d . ~: ~, • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 6, 1996, for the purpose of reviewing and considering the Application of D'Arlene Stutzman, for a Vacation Application for land located in the SW 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at Lot 7, Block 1 of Catherine Park Subdivision. The Application requests a vacation of the southeasterly 30 feet of the public right of way of Washington Street. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of July, 1996. ._ ~ WILLIAM G. BERG, J ., CITY CLERK •~ji ~~j+~,. ~ S.. If Q • R a ~ ~~~ F~ t' ~ a ~ . i w ~ w ~ O w N N 0 N ~ ro ti w ~ ~- ~o ~ o°- a ~ ro ~ O 2 2 2 2 ~ ~ w ~ ~ ~ z o a N o b w o co O N ~ ~ ~ ~ `- ' .. ~ ~;, ~ . - ` ~ .~ ~ `` ~ ~ m ~ - ^t G W O Ir AA ~ •' ~ O ~ 2 N a, i o ~~ o ;~ : a o o c y~ w ~ y ~ ~ a I ~ e ~ ~Z ~ ~ ~ ~ EAST 89.67 ~J ~ = o O `C ~1 ~ -44.59--~ ~ y ,~ -~~ ^: a y r ~ + ti a `~ ~ ~ ~ ~ ~ ~ r ~ I c ~ „,.., . a ~, .. . ~ ~ EAST 94.89 ~ - y ~ -49.8/=-~ ~ o ~ I _ _ ~,__ . ~ r n - Q ~ ~. N ~~ ~ ~ I ~ VI I~ 0 >~ 7~- ~ I ° Q ~~° I I y a __ ' I EAST /Cb.//''--- ~ ~ -55.0,E--1 Rl :~~.,. H ~, 4, w ___ ,-, o ~~ z / 57.74 ~ O . „ ~. ~\ ~ ~ ~ "' . I ~ :., ~ EAST > 8.3 =- ~-J ~ O tiw 3 B 25 Z . ~yo ---84.8/- - i ~ ~.. ti O w I -~ ti~ _ ~ ///. 5/' 44.68 ~ ~ / ~ N 89° 0524"E..,, 2/Q 32' ,~ . ,: ~. w /Q' . -- bo ,. EAST WASHINGTON -~AVENI,/~E,,.~,.~ 4~~'` °~ n ~' ' (PURL /~C' 'R/GNr OF~-'WAYj ~.~,~:.:.' ~ ~ N 89°.05'24"E 229.92' ' .~ • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 9, 1996, for the purpose of reviewing and considering the Application of D'Arlene Stutzman, for a Vacation Application for land located in the SW 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at Lot 7, Block 1 of Catherine Park Subdivision. The Application requests a vacation of the southeasterly 30 feet of the public right of way of Washington Street. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of June, 1996. M ~ ,~~ WILLIAM G. BERG, JR., I CLERK z fee R. Ly Renfa[s 1154 Cathy Lane Meridian, ID 83642 (208) 888-1928 Certified to: Diana Stewert 1062 Cathy Lane Meridian, ID 83642 Add: Ruth Crow 8921 Suniower Boise, iD. s;-~7U4 Nicholas Mugele 1092 Cathy Lane, Meridian, ID 83642 ~~ ~~ 1124 Cathy Lane Meridian, ID 83542 Nora Overton 532 East State Meridian,, ID 83642 School Dist. .#2 911 Meridian Meridian, ID 83642 B W Inc. 250 S. Beachwood Suite 120 Boise,. ID 83709 Robert & Karla Jones 1155. S. Linder Rd. Meridian, ID 83642 i%m ~ Lucille ?~eavel'..e 2484 Sunshine Dr. Boise, ID 83712 Devco Properties P.O.Box 1228 Bore. ID 83701 Douglas Noitemeier iU12 Cathy Lane Meridian, ID 83642 Rick Yung 1042 Cathy Lane Meridian, ID 83642 Ronald & Charlotte Di.cirman 1116 E. 50th. Nlrridian, id. 83642 H.L. Rich 512 E. Carlton Meridian, ID 83642 Anthony L. Stoppello 509 E. 'vlashington Meridian, iD 83642 Cliff john & Traci Rumsey 912 E. Ashford St. Meridian, I^u 83642 David A. Stevenson 1051 N. Maple Creek Ave. Meridian, ID 83642 Terry c~ C. Lynn w'alkens 1043 N. Maple Creek Ave. N]eridian, ID 83642 Sawtooth Homes. IPdC. 6163 S*_eriing Drive Boise, 1D 83703 :.t e r n~~ ~ r r O O O r .l7 r r O O r ti 10 ~y ~~ s ~ ~ .'~?3E 8a~°'~ ~' g~o ~C ~d~~,~ _~ s ~ a QQs ~ So i ~~ a~ as ~~ ~~m m D ~ ~ ?_=r ~~ ~r'Z ~mZ N pp t0 N o ~ ,~ ~_^ ~~ ~ ~; o~ ~ ` o~ ~ 64 ~. o (~; i ~ V III N~ I~ ~ ~ ~ A ~ • MERIDIAN CITY COUNCIL MEETING: August 6.1996 APPLICANT: D'ARELENE STUTZMAN ITEM NUMBER; 14 REQUEST: PUBLIC HEARING: REQUEST FOR A VACATION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS P ~ Z MINUTES FROM 7-9-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~~ ~: 7~~ SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission July 9, 1996 Page 6 Doug Tamura sent us a letter asking for a deferral. They are currently in the process of negotiating conditions of approval with ACHD and that those negotiations would not be completed prior to tonight and that is the reason he asked for the deferral. So we will continue that public hearing, we need a motion to that effect. Shearer: I move we continue this to next month. Oslund: Second Johnson: For item 6 and 7, we have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A VACATION OF RIGHT OF WAY ON WASHINGTON STREET BY D'ARLENE STUTZMAN: Johnson: I will now open the public hearing and invite the applicant or the representative of the applicant to address the Commission at this time. D'Arlene Stutzman, 1154 Cathy Lane, was sworn by the City Attorney. Stutzman: My little subdivision has a private street, Cathy Lane, that goes out there and bumps into this great big patch of white caps. Initially however many years ago that somebody thought up the City of Meridian they thought that Washington Street would go on across and there would be a bridge across Five Mile. But of course that isn't ever going to be a subdivision across Five Mile now is completely developed and everything like that. So, I want the vacancy of that 30 foot so that I can incorporate it into what I am doing and put a drainage in there instead of just having it more unkept weeds. Johnson: Could you explain to us what it is you are doing? Stutzman: You have the copies of the map, it is the, it would not be all of proposed Washington Street of course, it would only be the part that is directly north of me. I can't find my map now. I was talking about the little subdivision map where I had them done in yellow. Johnson: Okay, again, I guess I am unclear the reason that you want that 30 feet vacated. Stutzman: Well because a long time ago when I first started thinking about finishing that development, which 1 bought the subdivision repo from a bank from Tom Marks etc. when he took bankruptcy and all of that garbage. Jack the City Clerk at the time said that would • • Meridian Planning & Zoning Commission July 9, 1996 Page 7 be a good thing to do because with all of the changes that had been made Washington street was never ever going to go through and that it would just be sitting there a weed patch if I didn't do that. It doesn't connect with anything, it is never expected to connect with anything. So it just seems logical. Johnson: Okay, any questions of D'Arlene? No questions at this time, is there anyone else that would like to address the Commission? .You will get an opportunity to come back if you want to. Ron Crow, 6937 West (inaudible) Boise, was sworn by the City Attorney. Crow: My mother owns the property, Ruth. Crow (inaudible) and we are concerned about the access from Washington is the only access at the end of our property at this time. If we have to, I would hate to give up some access if for the road to come into my mother's property plus it might be needed for the fire department later. That is our main concern is access to our property. At this point I don't see any other way to get into our property. Johnson: Thank you, we do have a letter signed by your mother. Shearer: Could you point out to me (inaudible) (Discussion Inaudible) Johnson: Thank you Mr. Crow, anyone else that would like to come forward? Terry Trakel, 928 East 5th, was sworn by the City Attorney. Trakel: The property in question borders my mother-in-law's place which I am representing her, Nora Overton. We own the property directly north of that right of way. We own up to 300 and some feet that borders that right of way. That right of way would be the only access into our property. This is what Ruth Crow is also talking about. Without her extension and this extension our property would sit there and you can only get to it by river boat through the Five Mile Canal. So we are suggesting is that easement be kept open it has been kept open all of these 20 or 30 years and we wish it to keep that way for the future. Johnson: Thank you any questions for Mr. Trakel? (Discussion Inaudible) Johnson: Any questions? • Meridian Planning & Zoning Commission July 9, 1996 Page 8 Shearer: Do you have a dimension on your property? (Discussion Inaudible) Johnson: Anyone else that would like to come forward and address this application? Any rebuttle comments? Stutzman: The reason I think that vacating that end of this street since the access that they would have would only be Washington Street anyway Cathy Lane being a private street so the two would never ever be connected. I just don't see that there would be an advantage by leaving the weed patch there. Because the access that the crow property and the other property have will be Washington Street which you know would touch both properties whether or not the extreme east end of it were cleaned up and made something nice. Thanks. Johnson: Thank you, anyone else, one last request? Seeing no one then I will close the public hearing at this time. What is your pleasure gentlemen? Oslund: Mr. Chairman, and I don't remember the gentleman's name over here but he brings up a good point that and not knowing what his agreements are and what his rights are but it appears that if we grant this vacation then that parcel, that long skinny parcel it looks like it is labeled 8 on the plan I have would be totally land locked with no access to that property, the access they enjoy now. So unless somebody can convince me that they have access from elsewhere I don't see how we could do this without cutting that property off all together. 1 guess I have a question, Cathy Lane then is a private street (Inaudible) Oslund: So they have no legal easement or right to that access? Johnson: I am sorry, D'Arlene you have to get to the mike if you want to comment. Are we opening the hearing now is that what we are doing? Crookston: If there is a motion to that effect, I don't recall you closing it myself. Stutzman: The access, the only access that exists now is one that Nora Overton left an easement west of Cathy Lane to that parcel. But that is not really a street, the only street is going to be when Washington Street does come through. Of course that wouldn't be affected at all because we wouldn't be vacating Washington Street up to where it didn't touch the property. Washington Street would always touch the property. • Meridian Planning & Zoning Commission July 9, 1996 Page 9 Oslund: Well Washington Street according to the map that I have doesn't touch the parcel in question. Stutzman: It doesn't at all, but I am not asking to vacate all of Washington Street. I am asking to vacate only the east little chunk that wouldn't affect getting to their parcel. (Inaudible) Stutzman: Correct, vacate the last little end of it would not affect at all the ability that will be developed to get to that piece. Oslund: The ability to get to that piece though Stutzman: Would have to be Washington. Oslund: Would have to be through Washington but it depends on this particular persons ability to get access through another property. I guess, before we, I guess the other question I have is do you, can you show us that you have any access right to Cathy Lane? Stutzman: None whatsoever. Oslund: I would say you are out of luck then from where I am sitting. Crow: I went down Cathy Lane and it is a really narrow lane and I don't know too much about the fire trucks or anything or where this will end up with it. That is a real small lane and if a fire truck had to come down that lane with all of the cars that are parked out in the street it would be a real job to get down that lane. I don't understand all of this but it seems like to me that if you want access to come in on Washington and make a right hand turn or have access down that lane and the more access that fire truck had the better off you would be. Maybe the fire truck would have to park where that 30 foot is to fight a fire. Johnson: That is a concern that has been expressed by the Fire Chief, Mr. Kenny Bowers and his suggestion was or one of his suggestions was that perhaps a culdesac or a turn around area would have to be located at the end of the street because there is no way they could get down there and turn around. Crow: Yes and like I said I just went down there a couple of days ago and Cathy Lane is areal narrow street. So that is one of my concerns. Johnson: Anyone else? At this time I will close the public hearing. What would you like to do. Meridian Planning & Zoning Commission July 9, 1996 Page 10 Oslund: Well from what I have heard I think we should approve it. I don't know Johnson: Well this requires findings of fact and conclusions of law doesn't it? Crookston: I don't believe that it does. Let's direct the City Attorney to find out and if there is a requirement that there be findings of fact that I prepare them. Oslund: I move that we ask Counsel to determine if findings of fact are required on this application and if they are to prepare them. Shearer: Second Johnson: It has been moved and seconded that we really don't know what we are doing and we will have the City Attorney prepare findings of fact and conclusions of law if it is required and if it is not required then a recommendation 1 guess will go to the City Council. Crookston: You don't have a recommendation, if you desire to do that you can. You can do it tonight or at the next meeting. Oslund: Is there anyway we find out about the findings tonight? Crookston: Yes Johnson: We will break for three minutes while you get the answer for that. THREE MINUTE BREAK Johnson: Let's call the meeting to order I am sorry for the delay. Can we have your comments Counsel? Crookston: Certainly, from what I have read, finding of fact and conclusions of law are not required for a vacation of a right of way or easement but it still has to be approved by the Ada County Highway District because it is a public right of way. You need to make a recommendation to the Council as to whether or not you desire the vacation to be approved, approved with conditions or denied. Johnson: Thank you I appreciate that. MacCoy: Do you want our statement here? Johnson: Yes • Meridian Planning & Zoning Commission July 9, 1996 Page 11 MacCoy: Mr. Chairman, I recommend that Planning and Zoning deny the vacation permit as requested. Oslund: I second that motion, call for discussion. Johnson: It has been moved and seconded that we recommend to the City Council to deny the request for vacation of right of way, discussion. Oslund: I kind of changed my tune a little bit and I just, after talking with staff a little bit, and reviewing some of their comments included in the package, realize that there are potential other uses for this right of way for the public including a pathway and possible other future uses therefore I have changed my mind about it. Johnson: Any other comments? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VACATION OF RIGHT OF WAY OF PORTION OS E.1ST STREET, STATE AVENUE BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Johnson: At this time I will open the public hearing and invite the applicant's representative to address the Commission. Ted Caroon, 1735 Federal Way, Boise, was sworn by the City Attorney. Caroon: Mr. Chairman, members of the Commission this is a request to vacate the portions of State Avenue and the W. 1st Street shown here in yellow together with a small portion of the adjacent alley, about 60 feet there completely surrounded by Meridian School District property. 1 believe you were given a little sheet like this in color. I would like to at this time point out a small error that got into this sheet. If you will notice the correct school district property as it is shown here with the lot 7, 8, 9 and 10 in these two blocks are actually part of the Meridian School District property. So that all of the area requested for vacation here is actually bordered by only Meridian school district property. fs that clear? The purpose of this request, Meridian School District has recently acquired some property here and they have turned that into a gravel surface parking area for staff. That relieves the parking congestion that we had over here on West 1st and Carlton in this area which was kind of a source of complaints. This has really been pretty successful. Right now it is graveled surface and it is the desire of the school district to go ahead and continue to improve that area and these areas were vacated and could be used by the School District then this entire area could be utilized to develop decent paved parking OFFICIALS • • HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN TLEYEE C E E BRUCE D. STUART, Water Works Supt. G NN R. B I JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON JR Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER , ., GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: July 3, 1996 To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckleton, Assistant to City En ineer ~~-~0 Shari Stiles, P&Z Administrator Re: REQUEST FOR VACATION OF WASHINGTON STREET N. OF CATHERINE PARK SUBDIVISION by D'Arlene Y. Stutzman We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The City of Meridian owns and maintains existing sanitary sewer and water mains within Cathy Lane. It is unclear whether these existing facilities lie within the area being requested for vacation. The Water and Sewer Departments will need to verify the exact locations of these facilities. If it is determined that they are within the area requested for vacation, and the vacation is approved, appropriate easements will need to be granted to the City of Meridian. 2. Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. If Washington Street is not improved as a public roadway, this right-of--way could also be used as public access to Five Mile Creek. 3. Development plans for the area north of this property will require connection to Washington Street. This portion of Washington Street may or may not be needed when development of the Ruth Crow property occurs. 4. Cathy Lane is only 25 feet wide and has no turnaround at its terminus. Fire trucks and other emergency vehicles have to back out clear to State Avenue. 5. From a planning perspective, this proposed vacation would not be appropriate. C:\OFFICE\WPWIPI\WPDOCS\STUTI.MAN. VAC WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Depamrrent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:_,lluly 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of the southwesterly 30 feet of Washington Street ROW BY: D'Arlene Stutzman LOCATION OF PROPERTY OR PROJECT: Lot 7~ Block 1 of Catherine Park Subdivision JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) -WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELI & -INAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATI N LI & FINAL P -SEWER DEPARTMENT , CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT ~~ . , YOUR CONCISE REMARKS: -f.~PAltTMENT CYhF i~TTORNEY CITY ENGINEER CITY PLANNER ~. . ~~ . - ~ OFFICIALS i WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER J!M SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~luly 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of the southwesterly 30 feet of Washington Street ROW BY: D'Arlene Stutzman LOCATION OF PROPERTY OR PROJECT: Lot 7, Block 1 of Catherine Park Subdivision JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT -GREG OSLUND, P/Z ADA PLANNING ASSOCIATION +I:ZE~=~'~E'~--` -TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT ~)~- 7 ~ 194,. RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) ,gl~tf _:g~. ,•~.;p~RiDl;ar. -WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLA'17 WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & .FINAL PLAT) -SEWER DEPARTMENT CITY FILES /~ BUILDING DEPARTMENT OTHER: tD `a~ ~i!D P# P~E'C#AEIdT YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY ~ CITY ENGINEER CITY PLANNER- _ ~ _ _ ~' acr., ~ rti_n. .~ .~.v c7 A C rrc.,L. - ©"e se~-~ D r /~ ~s ~~~~- ~-~' ~~~s R~~ c~~~ 3~ J ~ ~~ ~ Ra ~~ i ~' SO N~~l2o ~J • • ~c~v~~ ,! ~ N 2 ~ 1596 LyTY (~~ ~iE~1~lA1~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 2 4 June 19 9 6 OFFICE: Nampa 466-7861 Boise 343-1884 Attn: Will Berg SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: VACATION OF THE SOUTHWESTERLY 30 FEET OF WASHINGTON STREET ROW - LOT 7 BLOCK 1 CATHERINE PARR SUBDIVISION Dear Commissioners: Nampa & Meridian Irrigation District has no comment on the above referenced application. However, the Nampa & Meridian Irrigation District's Five Mile Drain courses through this area. The right- of-way for the Five Mile Drain is 100 feet; 50 feet from the center each direction. This is a contract drain with the Bureau of Reclamation and this easement must be protected. Sincerely, ~~~ en o Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH/dln pc: Water Superintendent File - Office File - Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • REC~~~ July 2, 1996 J U 1. - 2 1996 CITY OF ~ERiD1AN Ruth Crow 8921 West Sunflower Court Boise, Idaho 83704 Jim Johnson Chairman Meridian Planning and Zoning 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mr. Johnson: I recently received notice of a public hearing by the Meridian Planning and Zoning Commission of the City of Meridian for the purpose of reviewing and considering the Application of D'Arlene Stutzman, for a Vacation Application for land located in the SW 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at Lot 7, Block 1 of Catherine Park Subdivision. The Application requests a vacation of the southeasterly 30 feet of the public right of way of Washington Street. I oppose the request for vacation of the southeasterly 30 feet of the the public right of way of Washington Street. It would limit public access to my property. It would also limit access by the fire department to both my property and Catherine Park Subdivision. Sincerely, Ruth Crow 0 • !!~_ 0~ • 11 It i~ 1461 ~41~ t= 1'04 .: 0. f 1711 a1o 0 ~----.--------------~ I-- --- •~ - ._ j1 ~ ~~Gti 401 1111 i i 1~u ~ /bs~ , • q~ ~ ~ ~ ~ ~, 7 f ~ ~ ~ ~~ t t s ~ s i i = ' ~~3 q c196 ;111 s1a 8 i ~/p17 > ~ q ,, y 980 9 $9 ~ 986 10iQ 41d~ }127-, t0i~ ~ ~ toff sts ~ ~ 9 Y 962 ~9b~ T q • b~ 404 1 42t lit i i 60t a12 6?4 i!Q yq o~ 9? s ~ `----STATE-------~ ~-----AVE------- 101~~ q~~ ~, Z ~ r---- ---------------~ ~------ ------- - •~~~ ,eon 898 .~ ~ 1 4t1 4t6 ~~ ~ ~ `~ M i4 3f>! Oft e4t ,\\•\ 1 ~+ ~~` C@ --- - - -------~ t~-- ---------. ~ -- PINE. AVE _______ ____________________ _-__ r - - --------- ~;'--- ---------~ . ~~ 1 _ 8i4 416 4R141P ~ ~ ~ ~ ~ , _~_ ~~ ~ ~VWIL 707 7$1 746 9 `~ J ~1i0i t r-- ~ 119 ~~ 161 t41e ~~ 1~1 ~~3 sail 011 • July 31, 1996 Ruth Crow 8921 West Sunflower Court Boise, Idaho 83704 Mayor Robert Corrie and City Council City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Mayor Robert Corrie and City Council: Re: Vacation Application of D'Arlene Stutzman ~. ~~~' CITY OF A~ERID1hI~ I recently received notice of a public hearing by the City Council of the City of Meridian for the purpose of reviewing and considering the Application of D'Arlene Stutzman, for a Vacation Application for land located in the SW 1/4 of the NE 1/4 of Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at Lot 7, Block 1 of Catherine Park Subdivision. The Application requests a vacation of the southeasterly 30 feet of the public right of way of Washington Street. I oppose the request for vacation of the southeasterly 30 feet of the the public right of way of Washington Street. It would limit public access to my property. It would also limit access by the fire department to both my property and Catherine Park Subdivision. Sincerely, Ruth Crow • • Meridian Planning & Zoning Commission July 9, 1996 Page 6 ' Doug Tamura sent us a letter asking for a deferral. They are currently in the process of negotiating conditions of approval with ACRD and that those negotiations would not be completed prior to tonight and that is the reason he asked for the deferral. So we will continue that public hearing, we need a motion to that effect. Shearer: I move we continue this to next month. Oslund: Second Johnson: For item 6 and 7, we have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A VACATION OF RIGHT OF WAY ON WASHINGTON STREET BY D'ARLENE STUTZMAN: Johnson: 1 will now open the public hearing and invite the applicant or the representative of the applicant to address the Commission at this time. D'Arlene Stutzman, 1154 Cathy Lane, was sworn by the City Attorney. Stutzman: My little subdivision has a private street, Cathy Lane, that goes out there and bumps into this great big patch of white caps. Initially however many years ago that somebody thought up the City of Meridian they thought that Washington Street would go on across and there would be a bridge across Five Mile. But of course that isn't ever going to be a subdivision across Five Mile now is completely developed and everything like that. So, I want the vacancy of that 30 foot so that I can incorporate it into what I am doing and put a drainage in there instead of just having it more unkept weeds. Johnson: Could you explain to us what i' is you are doing? Stutzman: You have the copies of the map, it is the, it would not be all of proposed Washington Street of course, it would only be the part that is directly north of me. I can't find my map now. I was talking about the little subdivision map where I had them done in yellow. Johnson: Okay, again, I guess 1 am unclear the reason that you want that 30 feet vacated. Stutzman: Well because a long time ago when I first started thinking about finishing that development, which I bought the subdivision repo from a bank from Tom Marks etc. when he took bankruptcy and all of that garbage. Jack the City Clerk at the time said that would • • Meridian Planning & Zoning Commission July 9, 1996 Page 7 ' be a good thing to do because witf~ all of the changes that had been made Washington street was never ever going to go through and that it would just be sitting there a weed patch if I didn't do that. It doesn't connect with anything, it is never expected to connect with anything. So it just seems logical. Johnson: Okay, any questions of D'Artene? No questions at this time, is there anyone else that would like to address the Commission? You will get an opportunity to come back if you want to. Ron Crow, 6937 West (inaudible) Boise, was sworn by the City Attorney.. Crow: My mother owns the property, Ruth Crow (inaudible) and we are concerned about the access from Washington is the only access at the end of our property at this time. If we have to, I would hate to give up some access if for the road to come info my mother's property plus it might be needed for the fire department later. That is our main concern is access to our property. At this point I don't see any other way to get into our property. Johnson: Thank you, we do have a letter signed by your mother. Shearer: Could you point out to me (inaudible) (Discussion Inaudible) Johnson: Thank you Mr. Crow, anyone else that would like to come forward? Terry Trakel, 928 East 5th, was sworn by the City Attorney. Trakel: The property in question borders my mother-in-law's place which I am representing her, Nora Overton. We own the property directly north of that right of way. We own up to 300 and some fe~3t that borders that right of way. That right of way wo~~ld be the only access into our property. This is what Ruth Crow is also talking about. Without her extension and this extension our property would sit there and you can only get to it by river boat through the Five Mile Canal. So we are suggesting is that easement be kept open it has been kept open all of these 20 or 30 years and we wish it to keep that way for the future. Johnson: Thank you any questions for Mr. Trakel? (Discussion Inaudible) Johnson: Any questions? • • Meridian Planning & Zoning Commission July 9, 1996 Page 8 Shearer: Do you have a dimension on your property? (Discussion Inaudible) Johnson: Anyone else that would like to come forward and address this application? Any rebuttle comments? Stutzman: The reason I think that vacating that end of this street since the access that they would have would only be Washington Street anyway Cathy Lane being a private street so the two would never ever be connected. I just don't see that there would be an advantage by leaving the weed patch there. Because the access that the crow property and the other property have will be Washington Street which you know would touch both properties whether or not the extreme east end of it were cleaned up and made something nice. Thanks. Johnson: Thank you, anyone else, one last request? Seeing no one then I will close the public hearing at this time. What is your pleasure gentlemen? Oslund: Mr. Chairman, and I don't remember the gentleman's name over here but he brings up a good point that and not knowing what his agreements are and what his rights are but it appears that if we grant this vacation then that parcel, that long skinny parcel it looks like it is labeled 8 on the plan 1 have would be totally land locked with no access to that property, the access they enjoy now. So unless somebody can convince me that they have access from elsewhere I don't see how we could do this without cutting that property off all together. 1 guess I have a question, Cathy Lane then is a private street (Inaudible) Oslund: So they have no legal easement or right to that access? Johnson: I am sony, D'Arlene you have to get to the mike if you want to comment. Are we opening the hearing now is that what we are doing? - '= Crookston: If there is a motion to that effect, t don't recall you closing it myself. Stutzman: The access, the only access that exists now is one that Nora Overton left an easement west of Cathy Lane to that parcel. But that is not really a street, the only street is going to be when Washington Street does come through. Of course that wouldn't be affected at all because we wouldn't be vacating Washington Street up to where it didn't touch the property. Washington Street would always touch the property. • Meridian Planning & Zoning Commission July 9, 1996 Page 9 ' Oslund: Well Washington Street according to the map that I have doesn't touch the parcel in question. Stutzman: It doesn't at all, but I am not asking to vacate all of Washington Street. I am asking to vacate only the east little chunk that wouldn't affect getting to their parcel. (Inaudible} Stutzman: Correct, vacate the last little end of it would not affect at all the ability that will be developed to get to that piece. Oslund: The ability to get to that piece though Stutzman: Would have to be Washington. Oslund: Would have to be through Washington but it depends on this particular persons ability to get access through another property. I guess, before we, I guess the other question I have is do you, can you show us that you have any access right to Cathy Lane? Stutzman: None whatsoever. Oslund: I would say you are out of luck then from where 1 am sitting. Crow: I went down Cathy Lane and it is a really narrow lane and I don't know too much about the fire trucks or anything or where this will end up with it. That is a real small lane and if a fire truck had to come down that lane with all of the cars that are parked out in the street it would be a real job to get down that lane. I don't understand all of this but it seems like to me that if you want access to come in on Washington and make a right hand tum or have access down that lane and the more access that fire truck had the better off you would be. Maybe the fire truck would have to park where that 30 footi is to fight a fire. Johnson: That is a concern that has been expressed by the Fire Chief, Mr. Kenny Bowers -~ and his suggestion was or one of his suggestions was that perhaps a culdesac or a turn around area would have to be located at the end of the street because there is no way they could get down there and turn around. Crow: Yes and like I said I just went down there a couple of days ago and Cathy Lane is areal narrow street. So that is one of my concerns. Johnson: Anyone else? At this time I will close the public hearing. What would you like to do, • • Meridian Planning & Zoning Commission July 9, 1996 Page 10 Oslund: Well from what I have heard I think we should approve it. I don't know Johnson: Well this requires findings of fact and conclusions of law doesn't it? Crookston: I don't believe that it does. Let's direct the City Attorney to find out and if there is a requirement that there be findings of fact that I prepare them. Oslund: I move that we ask Counsel to determine if findings of fact are required on this application and if they are to prepare them. Shearer: Second Johnson: It has been moved and seconded that we really don't know what we are doing and we will have the City Attorney prepare findings of fact and conclusions of law if it is required and if it is not required then a recommendation 1 guess will go to the City Council. Crookston: You don't have a recommendation, if you desire to do that you can. You can do it tonight or at the next meeting. Oslund: Is there anyway we find out about the findings tonight? Crookston: Yes Johnson: We will break for three minutes while you get the answer for that. THREE MINUTE BREAK Johnson: Let's call the meeting to order I am sorry for the delay. Can we have your comments Counsel? Crookston: Certainly, from what I have read, findings of fact and conclusions of law are not required for a vacation of a right of way or easement but it still has to be approved by the Ada County Highway District because it is a public right of way. You need to make a recommendation to the Council as to whether or not you desire the vacation to be approved, approved with conditions or denied. Johnson: Thank you I appreciate that. MacCoy: Do you want our statement here? Johnson: Yes Meridian Planning & Zoning Commission July 9, 1996 Page 11 MacCoy: Mr. Chairman, I recommend that Planning and Zoning deny the vacation permit as requested. Oslund: I second that motion, call for discussion. Johnson: It has been moved and seconded that we recommend to the City Council to deny the request for vacation of right of way, discussion. Oslund: I kind of changed my tune a little bit and I just, after talking with staff a little bit, and reviewing some of their comments included in the package, realize that there are potential other uses for this right of way for the public including a pathway and possible other future uses therefore I have changed my mind about it. Johnson: Any other comments? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VACATION OF RIGHT OF WAY OF PORTION OS E.1 ST STREET, STATE AVENUE BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Johnson: At this time I will open the public hearing and invite the applicant's representative to address the Commission. Ted Caroon, 1735 Federal Way, Boise, was sworn by the City Attorney. Caroon: Mr. Chairman, members of the Commission this is a request to vacate the portions of State Avenue and the W. 1 st Street shown here in yellow together with a small portion of the adjacent alley, about 60 feet there completely surrounded by Meridian School District property. I believe you were given a little shut like this in color. I would like _ to at this time point out a small error that got into this sheet. If you will notice the correct -_ school district property as it is shown here with the lot 7, 8, 9 and 10 in these two blocks - are actually part of the Meridian School District property. So that all of the area requested for vacation here is actually bordered by only Meridian school district property. Is that clear? The purpose of this request, Meridian School District has recently acquired some property here and they have turned that into a gravel surface parkirxt area for staff. That relieves the parking congestion that we had over here on West 1st and Carlton in this area which was kind of a source of complaints. This has really been pretty successful. Right now it is graveled surface and it is the desire of the school district to go ahead and continue to improve that area and these areas were vacated and could be used by the School District then this entire area could be utilized to develop decent paved parking • ~ MERIDIAN PLANNING ~ ZONING COMMISSION MEETING: JULY 9.1986 APPLICANT: D'ARLENE STUTZMAN AGENDA ITEM NUMBER: 8 REQUEST; REQUEST FOR A VACATION OF RIGHT OF WAY ON WASHINGTON STREET AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAI#~RIGATION: SETTLERS IRRI~N: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS ~~~~~ ., REVIEWED SEE ATTACHED COMMENTS G ~'~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS k' C~h'"" ~~~a S~µfi~ ~~~~~~~ AID Materials presented at public meetings shall become property 6f t[~e City of Meridian. 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Meridian City Council August 6, 1996 Page 30 " ITEM #14: REQUEST FOR VACATION OF SE 30 FEET OF RIGHT OF WAY OF WASHINGTON STREET BY D'ARLENE STUTZMAN: Corrie: I will now open the public hearing. D'Arlene Stutzman, 1154 Cathy Lane, was sworn by the City Attorney. Stutzman: I have these (inaudible). This is really interesting because I was so sure until I talked to Mr. Putman this morning that I wanted this vacated now because it is white cap and everything at this point. As he said there is no intention that this street will go all the way through and if it is it would require a culdesac. At first he talked about the culdesac down here at the bottom, the first one that I have shown. But then as he talked about it he said it would actually be more logical when Washington Street comes through to put the culdesac up at the top where I have B shown. Because that would give access to everybody's property. Then he said and I thought that this was true because I had talked to him at length before, so he pointed out that if it isn't vacated at this point that it most likely would be vacated sometime in the future because there is no intention for a bridge to ever go across Five Mile or anything like that. Should the public right of way, this is what he typed on my paper here at the top, should this public right of way be vacated then it would revert back to the source from whence it was dedicated, a portion of Catherine Park and that I would automatically own that. This happened to me a year ago on one of my properties and I got a buck a square foot for the ground. So I am in a win-win situation. I do agree with Mr. Putman that it would be more logical to vacate it at this time because if my 30 teet is vacated then the 30 feet belonging with a little tiny narrow property owned immediately to the north or me could also be vacated and that could become part of that property. And he didn't take time to look up the size of that property but we said if Washington Street were to go all the way through that small property might be too small to build on. So I guess what I am saying is I really don't care. Whichever you think is more practical or more logical he did point out that if Washington Street were to go all the way throw~gh to Five Mile Creek and then another street go nor;~i that it could make that little piece of property right there to the north of me too small to build on. So it wouldn't be a usable property. So I am in a win win situation I don't really care. Whichever you think makes more sense. Corrie: Any further questions for Ms. Stutzman? Anyone else from the public that would like to give testimony? Carl Stearns, 250 S. Beechwood Avenue, Boise, was sworn by the City Attomey. Steams: I am here tonight representing Mrs. Ruth Crow who owns the property just to the, about 9 acres just to the north of this vacated property, do you have a copy of a map that • Meridian City Council August 6, 1996 Page 31 ' • shows this. I was wondering if I could take a look at what Mrs. Stutzman (Inaudible). Mrs. Crow is opposed to this vacation for the following reasons. First of all the 9 acres of property to the north of the subject right of way, when you consider the surrounding zoning and the surrounding properties, surrounding density of the development also the proximity of Mrs. Crov~s property to the Meridian City boundary it is likely to concur that this property will be annexed into the City in the future. It is also likely that the zoning of that parcel when it is annexed will be similar to surrounding zoning. So that would give medium to high density residential development potential to this property. So we could be talking about anywhere from 40 plus lots depending on the type of zoning. Sun'ounding zoning right now is R-8 up to R-15. In considering that the potential for single family development on this property and by vacating this right of way there could be a problem with future development that the property may need that right of way in the future for access or for fire access may require it at that time or it may be necessary for public services. I think that though it may look unnecessary at this time that property is 9 acres, has the potential for some medium density to high density development and it may be necessary at that time to use that right of way. I think it would be premature to vacate that property knowing that there is potentially developable property in that area. Mrs. Crow does not have any plans at this time to develop the property but her concerns are that it will limit future access to the development. On behalf of Mrs. Crow I respectfully request that the City Council deny this vacation request. Do you have any questions? Thank you Corrie: Anyone else from the public that would like to issue testimony? Terry Trakel, 928 East 5th Street, was sworn by the City Attorney. Trakel: The Washington easement has been looked forward to by from our family for over 30 years that it has been on the plot and been there. We own the gap, what they call a real estate gap. It is 60 feet by 301 feet. The gap runs from the end of the Crow property directly over to the Danbury. So our access is going to be Washington Avenue. Whatever the Crov~s do we are going to be in line with the Was~~ington Avenue Road. The gap was created by what we found out to be a survey error over 20 years ago the land was surveyed the wrong direction thus creating the gaps, that answered your earlier question. Mrs. Overton is opposed to giving up the access of Washington Avenue and we want it left there not only for access into the property but also to write the fire protection of that lein. we have had two fires in that area already and we want to make sure that the fire trucks can get in there. One of the ways would be Washington Avenue would be the quickest way if the access road is ever continued through as a street. Any questions? Corrie: Any further testimony from the public? Council, questions? Morrow: Questions of staff, Shari and Gary concerning this issue. • Meridian City Council August 6, 1996 Page 32 ' • Stiles: Mr. Mayor and Council you'have read our comments and the testimony that was given at the public hearing for the Planning and Zoning Commission. The Planning and Zoning Commission did recommend denial, do you have that noted in your packet? Morrow: I also noticed that in your comments that you were opposed to approval of this, you were recommending denial also because it took away some planning capabilities, do you still stand by that position? Stiles: Yes I do. Corrie: Mrs. Stutzman the hearing is still open you can make your comment is you would like. Stutzman: I just wanted to re-emphasize what Mr. Putman stated that vacating just beyond my property doesn't limit anything at all because the culdesac would bring access to this piece of property directly to the north of me on all the way through the Crow property. And of course my vacating it I would be maintain it now, but I did also find out from Mr. Putnam today, he told me exactly how to write the letter and who to address it to and everything and they will come out and mow that for me because it hasn't been maintained for all of these hears. It is this deep in weeds now with white caps just totally destroying the rest of us. He said that if I request this and he told me where to write and everything that they will come out and mow it and round up it. So I am very comfortable really either direction because my needs are met. Thank you. Corrie: I will close the public hearing now, Council comments and discussion. Morrow: Mr. Mayor from my perspective I would be opposed to the vacation of the 30 feet of right of way for Washington Street. Bentley: Mr. Mayor I too would oppose this afi this time, I think we are a little premature with the planning stages on this. Rountree: I would echo that but I would also indicate that I think we need to assist and work with ACRD to get the area cleaned up. Corrie: Any further comments? Tolsma: I was just going to echo everybody else's, I would just make the motion that we deny the vacation of the SE 30 feet of Washington Street easement. Rountree: Second u Meridian City Council August 6, 1996 Page 33 • Corrie: Motion made by Mr. Tolsma, second by Mr. Rountree that the request for vacation of the SE 30 foot of right of way of Washington Street be denied, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: REQUEST FOR A VARIANCE FOR BALLANTYNE TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Corrie: I will invite Mike Ballantyne to come up. Mike Ballantyne, 2690 North Mule Deer Way, was sworn by the City Attorney. Ballantyne: Mayor Corrie, members of the Council we are just requesting 2 items as for variance at the Troutner Business Park, the first is a temporary turn around on a street greater than 450 feet, that is SW 3rd feet and we are requesting that so that the City grid of streets will be able to continue down the SW area of the City and also so that the neighbor to the north would be able to have some street panning through his property. The second item was the (inaudible) Eight Mile lateral, we requested that lateral not be tiled as per City requirements. The 5500 inches of water, I think it is 110 CFS that is required or that runs through the pipe is or runs through the lateral would require a 72 inch pipe. The City has indicated that a lateral requiring greater than 48 inches need not be tiled. We would not, there fore we ask that we not have to the that. We will fence the lateral and one of the items there on the variance is that we fence the southside of the canal against the water edge and that was approved by Nampa Meridian Irrigation District they want to change their easement off of the canal but it would allow us to have more green area in the business park that would be maintained and less area that would be in weeds. So that is basically it. I would be glad to entertain any questions as long as they don't relate to my new haircut. Corrie: Any questions of the Council? Rountree: I just have a procedural question of Counsel that we are hearing a variance before we have heard the preliminary plat. (Inaudible) Crookston: It would be appropriate to act on them together or to have the variance subsequent to the plat approval or denial what ever the Council's decision is. Morrow: Mr. Mayor, I think my preference would be to hear the variance after we have dealt with the preliminary plat.