Staff ReportSTAFF REPORT
HEARING DATE: March 23, 2010 N
TO: Mayor and City Council ~ ~~~~~
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: VAC-10-001 -Settlers Crossing (aka. Sundance Subdivision No. 5)
I. APPLICATION SUMMARY
The Applicant, Dave Evans Construction, has submitted an application requesting approval to vacate
the 20-foot City of Meridian water easement on Lots 45 and 46, Block 7 recorded with Sundance
Subdivision No. 5.
II. STAFF RECOMMENDATION
Staff recommends approval of the subject application.
III. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number VAC-
10-001, as presented in Staff Report for the hearing date of March 23, 2010, with the following
changes: (insert any changes here).
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number VAC-10-
001, as presented during the hearing on March 23, 2010. (You should state why you are denying the
request.)
Continuance
I move to continue File Number VAC-10-001, to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the northeast corner of N. Meridian Road and E. Ustick Road,
in the southwest `/ of Section 31, Township 4 North, Range 1 East.
B. Owner/Applicant:
Settlers Crossing, LLC
7761 W. Riverside Drive, Suite 100
Garden City, ID 83714
C. Representative:
Tim Mokwa, T-O Engineers
9777 W. Chinden Boulevard
Boise, ID 83714
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
Settlers Crossing VAC
Page 1
V. PROCESS FACTS
A. The subject application is a request to vacate a City of Meridian water easement. Per Meridian
City Code, a public hearing is required before the City Council on this matter. The UDC does not
require posting of the site.
B. Newspaper notifications published on: March 1, and 15, 2010.
C. Radius notices mailed to properties within 300 feet on: February 25, 2010.
VI. LAND USE
A. Existing Land Use(s): The subject site is developed with a mix of office uses (professional
offices, indoor recreation facility, and animal care facility).
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Residential, zoned R-8
2. East: Residential, zoned R-8
3. South: Residential, zoned R6 (Ada County)
4. West: Settler's Park, zoned L-O
C. History of Previous Actions: In 2006 City Council approved a rezone of 5.4 acres from R-8
(Medium Density Residential) to L-O (Limited Office); preliminary plat (PP-06-014) of 12 office
building lots; and Conditional Use Permit (CUP-06-011) to modify CUP-O1-026 to allow the
addition of 8 building lots and change the building pad layouts and parking configuration. An
addendum to the Development Agreement (MI-06-001) was also recorded to reflect the changes
mentioned above. The final plat for Sundance Subdivision No. 5 (FP-06-042) was approved in
2006 and recorded on July 10, 2007.
D. Utilities:
1. Public Works:
a. Location of sewer and water: All conditions of prior approval will apply.
b. Issues or concerns: Location of the existing fire hydrant may be too close to the
purposed new building, the applicant may be required to remove and relocate the
fire hydrant. Please contact the Public Works Department for information.
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
VII. AGENCY COMMENTS MEETING
No comments were received by the Planning Department from other City departments for the subject
application. Please see the public record for the VAC file for any written comments that may have
been submitted by other agencies.
VIII. ANALYSIS
Analysis Leading to Staff Recommendation:
A. VAC Application: The applicant is requesting approval to vacate the 20-foot public water
easement depicted on Lots 45 and 46, Block 7 of the recorded plat for Sundance Subdivision No.
5 (see Exhibit A.2). A new easement is proposed that will replace the old easement (see Exhibit
A.3).
Settlers Crossing VAC
Page 2
The reason for the proposed easement vacation is the applicant proposes to construct a new
building that would encroach into the subject easement area. Structures are not allowed to
encroach into the water easement. Approval of the proposed vacation would allow the applicant
to move forward with construction of a daycare facility planned and approved for the site but
construction is dependent on the vacation of the easement.
Staff supports vacating the easement as proposed; however occupancy of the Daycare Facility is
contingent upon the recordation of the new easement (Exhibit A.3) per the approval of the
Certificate of Zoning Compliance (CZG10-007). The applicant should coordinate with the Public
Works Department for the recordation of the new 20-foot water easement.
IX. EXHIBITS
A. Maps/Other
1. Zoning Map & Aerial Map
2. Easement to be Vacated
3. Legal Description & Exhibit Map of New Easement
Settlers Crossing VAC
Page 3
Exhibit A.1 -Zoning Map & Aerial Map
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Settlers Crossing VAC
Page 4
Exhibit A.2 -Easement to be Vacated
CITY OF MER1DiAN - WATER EASEMENT VACATfON
WITI--IIN LOTS 45 8c 46, BLOCK 7
SUNDANCE SUBDIVISfON N0 5
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31
TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
0 50 100 200 300
_~ rn~i r_ . ....,
ATION
No 4
)8142
3E
1 0
E. USTICK ROAD
~'ND
SUBDM510N BOUNDARY
LOT LINE
® LOT NUMBER
SEWER & WATER ESMiS PER iN57 N0. 107008142
e 7JJ~JJ~
Ye~lll/!d PROPOSED WATER ESMT. VACATION
Exhibit A.3 -Legal Description & Exhibit Map of New Easement
'Y'~G EN(a1NEERS
Project No: 05161
llate: hcb~ua~y 3, 2010
Page: 1 01 1
i'/XI-II13I'I' "A"
WA'fFR EASI?MI•NT
A 20-fool wide easement located within Lots 45, 46 and 52, ]3loclc 7 of Sundance Subdivision No. 5,
situated within the SW '/~ of Section 31, 7 ownship 4 North, Range 1 Last, Boise Meridian, City of
Meridian, Ada County, Idaho, being mole particularly described as follows:
COMML:NCING at the Southwest cornet of said Section 31, from which the West quarter coure~ of
said Section 31, heals N 00°51'27"T .2650 12; thence, along the Wesl line of said Section 31,
A) N 00°51'27"1? ., 300.00 feel; thence leaving said 1Uest line,
13) 5.89°34'42''1' , 353,52 feet to the POINT Oh Bh,'GINNINC; thence,
I) N 00°51'50"1; , 92 1 7 feet; thence,
2) 5.89°33'24"L , 20.00 feet; thence,
3} 5.00°51'50"W , 92.16 feet: thence,
4) N 89°34'42"W , 20 OO reel to the I'OIN'I' OI' BEGINNING.
CONTAINING: 0.042 acres, more or less..
IC\O51(i\WPIiIcs1SU1LVl?Y1WAlIiR EASF.MI3N1 VACA710N11ir1iA-Nco Walci L•ascmcut doe
9~ i. CI nl I nd d R°iei I ~ .'. ; I I I'hr~n l i'i :'71. i.'i#. I ,ir (_08; l7J ; -.~ rhinlp rsngin~ is coin .. .
Aviation I TransuoAatfon I Land Oevelooment I I nndsra°e Architeraura I Mu°tr~~„ai i ~nrarnr u~~..~~...,e i c,,,,,,,,,,,,,,
36
EXHIBIT "B"
A 20-FOOT CITY OF MERIDIAN WATER EASEMENT WITHIN LOTS 45, 46
& 52 BLOCK 7 OF SUNDANCE SUBDIVISION NO. 5, LOCATED IN THE
SWl/4 OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE
MERIDIAN, ADA COUNTY, IDAHO
2010
SUNDANCE 5U DIVISION NO 3
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EASEMENT LINE TABLE
LINE BEARING DISTANCE
L1 589'33'24"E 20.00'
L2 N89'34'42"W 2
0 25 50 100 150
45
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20' City of Meridian I d,
' Water Easement
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MERIDIAN SANITARY SEWER ~
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PER SUNDANCE SUB. N0 3 ~- - --~ Z
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T-O ENGINEERS
X777 CI-iINDEN BOUI£VARD
BOISE. IDAHO 83714-2008
PHONE: 12081323-2288 FAX: 12081323-2399
E-FlLE: H:\05761\S1EP AHEAD WATER DATE FEB, 2010 JOB: 0.5161