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Staff ReportBridgetower Crossing Sub 11 & 12 VAC Page 1 STAFF REPORT HEARING DATE: May 26, 2010 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: VAC-10-002 – Bridgetower Crossing Subdivision No.’s 11 and 12 I. APPLICATION SUMMARY The Applicant, Primeland Investment Group, LLP, has submitted an application requesting approval to vacate the public utility, irrigation, and drainage easements on the interior lot lines of Lots 43-45 Block 32, Bridgetower Crossing Subdivision No. 12 and Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 11; and vacate a portion of the public domestic water and sewer easements on Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 11. 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- 002, as presented in Staff Report for the hearing date of May 26, 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- 002, as presented during the hearing on May 26, 2010. (You should state why you are denying the request.) Continuance I move to continue File Number VAC-10-002, 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 southwest corner of W. McMillan Road and N. Linder Road, in the northeast ¼ of Section 35, Township 4 North, Range 1 West. B. Owner/Applicant: Primeland Investment Group, LLC 3120 W. Belltower Drive Meridian, ID 83642 C. Representative: Chuck Christensen, Quadrant Consulting, Inc. 1904 W. Overland Boise, ID 83705 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. Bridgetower Crossing Sub 11 & 12 VAC Page 2 V. PROCESS FACTS A. The subject application is a request to vacate platted easements. Per Meridian City Code, a public hearing is required before the City Council on this matter. The UDC does not require the site be posted with a public hearing notice sign. B. Newspaper notifications published on: May 3, and 17, 2010 C. Radius notices mailed to properties within 300 feet on: April 30, 2010 VI. LAND USE A. Existing Land Use(s): The subject property is currently in the development process and is zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Undeveloped land, zoned L-O 2. East: Residential, zoned R-8 and R-15 3. South: Rural residential/agricultural, zoned RUT (Ada County) 4. West: Residential, zoned R-4 C. History of Previous Actions:  In 2001, this property was annexed and zoned (AZ-01-003) and preliminarily platted (PP- 02-014) with office lots as part of the Bridgetower Crossing development. A development agreement (Inst. No. 101117652) was recorded at the time of annexation that required the site develop as a planned development. The office portion was granted as a use exception with the Bridegtower Crossing planned development (CUP-01-006). The office lots were final platted with the recordation of Bridgetower Crossing No. 11 and No. 12 (FP-05-016 and FP-05-034 respectively).  A rezone (RZ-07-018) of 12.64 acres from R-4 to L-O, and preliminary plat (PP-07-023) for 11 commercial building lots and 1 other lot was approved by City Council on February 23, 2010. A development agreement modification (MI-07-014) was also approved at that time to increase the amount of office lots in the subdivision from 8 to 18 with the same area as previously approved (Instrument #108059795). The plat was a re- subdivision of Lots 15-17, Block 36, Bridgetower Crossing Subdivision No. 12 and Lots 43-45, Block 32, Bridgetower Crossing No. 11.  A final plat (FP-10-001), re-platting phases 11 & 12, was approved by City Council as Bridgetower Crossing Subdivision No. 15 on February 23, 2010, but has not yet been recorded. A condition of approval was vacation of the easements to accommodate anticipated development. D. Utilities: 1. Public Works: a. Location of sewer and water: North Coppercloud Way. b. Issues or concerns: With the vacation of any easement, the applicant will be required to remove any service that is currently installed and that will not be utilized with this project. This cost will be the responsibility of the applicant. The applicant shall coordinate with the Public Works Department for details regarding abandonment procedures. Bridgetower Crossing Sub 11 & 12 VAC Page 3 E. Physical Features: 1. Canals/Ditches Irrigation: There are two ditches that traverse this site. 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: The applicant is requesting approval to vacate the 5-foot wide public utility, irrigation, and drainage easements on the interior lot lines of Lots 43-45, Block 32, Bridgetower Crossing No. 12, and Lots 15-17, Block 36, Bridgetower Crossing No. 11; and vacate a portion of the public domestic water and sewer easements on Lots 15-17, Block 36, Bridgetower Crossing No. 11, as shown in Exhibit A.2. When the above-referenced subdivisions were recorded, utility easements adjacent to common lot lines were created. New development plans necessitate the vacation of these easements. The applicant states the easements do not contain any public utilities and are not needed. In addition, there are seven City of Meridian easements for sewer and water mains that also need to be abandoned as the facilities within these easements are to be removed. For these reasons, the applicant requests to vacate the subject easements. Staff supports vacating the easement as proposed in Exhibit A.2. IX. EXHIBITS A. Maps/Other 1. Zoning/Vicinity Map 2. Easements Proposed to be Vacated Bridgetower Crossing Sub 11 & 12 VAC Page 4 Exhibit A.1 –Zoning/Vicinity Map SITE Exhibit A.2 – Easements Proposed to be Vacated