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Staff Report 7/6/10STAFF REPORT HEARING DATE: July 6, 2010 E IDIAN~--- TO: Mayor and City Council 1 p A ~ FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: VAC-10-005 -The Courtyards at Ten Mile Subdivision I. APPLICATION SUMMARY The Applicant, Truce, LLC, has submitted an application requesting approval to vacate public access/utility easements on Lots 4, 5, and 7, Block 1, of The Courtyards at Ten Mile Subdivision to allow construction of a new service station and convenience store. II. STAFF RECOMMENDATION Staff recommends approval of the subject application contingent upon the applicant submitting new easements for approval by Public Works prior to the City Council meeting. If the new easements are not received and approved prior to the Council meeting, staff recommends the application be continued to a later meeting to allow the applicant additional time to submit this information. 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- 005, as presented in Staff Report for the hearing date of July 6, 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-10-005, as presented during the hearing on July 6, 2010. (You should state why you are denying the request.) Continuance I move to continue File Number VAC-10-005, 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 southeast corner of N. Ten Mile Road and Pine Avenue, in the southwest % of Section 11, Township 3 North, Range 1 West. B. Owner/Applicant: Truce, LLC 3313 W. Cherry Lane Meridian, ID 83642 C. Representative: Shari Stiles, Truce, LLC 3313 W. Cherry Lane Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Courtyards at Ten Mile VAC Page 1 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: June 14, and 28, 2010 C. Radius notices mailed to properties within 300 feet on: June 10, 2010 VI. LAND USE A. Existing Land Use(s): The subject property is currently in the development process and is zoned C- N. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Multi-family residential, zoned L-O 2. East: Multi-family residential, zoned R-15 3. South: Church, zoned L-O 4. West: Rural residential, zoned RUT C. History of Previous Actions: In 2003, this property was annexed and zoned (AZ-03-009) R-15 and C-N and preliminarily platted (PP-03-010) with 31 building lots and 5 other lots on 11 acres of land as part of The Courtyards at Ten Mile Subdivision. A development agreement (Inst. No. 103184142) was recorded at the time of annexation. A Conditional Use Permit for a Planned Development (CUP-03-020) was also approved that allowed for reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced home sizes, cul-de-sac length, and to allow residential lofts above retail buildings. A final plat (FP-03-064) for The Courtyards at Ten Mile Subdivision that contained the subject property was approved in 2003 for 28 multi-family residential attached building lots, 3 office/commercial lots, and 10 common lots on 11 acres of land in the R-15 and C-N zoning districts. A property boundary adjustment (PBA-10-006) for Lots 4, 5, & 7, Block 1, of The Courtyards at Ten Mile Subdivision was approved by the Director on June 21, 2010. D. Utilities: 1. Public Works: a. Location of sewer and water: Mains are currently installed to this site from W Pine Ave and N Ten Mile Road. b. Issues or concerns: The applicant has indicated they will be providing the new easements to staff before the Council meeting on July 6`" 2010. Staff recommends that if the required easements are not received before the Council meeting, the application will be continued to a later meeting. E. Physical Features: Canals/Ditches Irrigation: There is a ditch and a canal (Ten Mile Stub Drain) that traverses this site. 2. Hazards: NA Courtyards at Ten Mile VAC Page 2 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 public access/utility easements on Lots 4, 5, and 7, Block 1 of The Courtyards at Ten Mile Subdivision. The existing public access/utility easements need to be vacated/relocated to accommodate the construction of a new service station/convenience store at the southeast corner of W. Pine Avenue & N. Ten Mile Road. All public utilities have given consent to relinquish their easements. New cross-access, City of Meridian and public utility easements are proposed to be granted elsewhere on the site. Draft copies of the cross-access and new City of Meridian sewer and water easement have been included in this application. These easements have been reviewed and additional information was requested by Public Works to be provided for approval by Public Works prior to the City Council meeting on July 6`h. A property boundary adjustment has also been approved by the Director for these lots. Staff supports vacating the easement as proposed in Exhibit A.2 with new easements to be submitted by the applicant for approval by Public Works prior to the Council meeting. If the new easements are not received and approved prior to the Council meeting, staff recommends the application be continued to a later meeting to allow the applicant additional time to submit this information. IX. EXHIBITS A. Maps/Other 1. Vicinity Map 2. Easements Proposed to be Vacated Courtyards at Ten Mile VAC Page 3 Exhibit A.1-Vicinity Map Courtyards at Ten Mile VAC Page 4 Exhibit A.2 -Easements Proposed to be Vacated "~~~~e \ TEN MILE STUB DRAIN - W.PMEAVENUE` _-^ N69•zonzw-ze4s.2a• \ ~- -- -_ ~ ~ M Q ~ -~ N89°20'02°W -130.02' N88°50'00"E - 250.13' V~ ~ ~ 9.67 40.07 123.44' p2 1'~ = HO' O LANDSCAPE~FER ~ ~ LANDSCAPE 6UFFER 01227' N89'20'02w• 174.2T '~ N89'18'18w 48' ~~ 43.)0' ~ j 100.37 zo .y~ / °s j ~ j ~ t0./ 4 3i '' , s'1'/ °~' / j ~~~h~ N89'18'18W w ^ !m 27.03' ~ ! ~ ' ~ 99 i8 i8~ l a 8 t 11.38' i~ J ~ 2 I ~y eLOCx ~ P S99'16•,6'E o I ~ 70.00' w ~g.oo' 9e. } W ACCESSAffILIT1ES O ~~ ~ ~ 7- f ~ m $5.29' ~~~/~ !~ a ~ S 9'18Y8'E ~ ~ m J e ZOAO Ol q h W ~ N89'1Ti6w 10• ° ' } Z ~ ~ ~ H ~~ tV 25.30' me Mu`F 5~ I of w cieev es.•emeE ~ ~ ~ ® Z eTi t7 p X01 eav a~uvrn o ex eero~enr ~ z O ~ ~ N~ 10' N 5 4' 27' 27' =~ N69•+e'few ~ b ai m Ji obl 98.28'• ~ m ~~ I RIOHT- OF-WAY I //~~~ ~q, ~,lp ~ ~6 eoa5 7o.oa ~ ~~J~ O1 AccESSfurnmes ~ P ' EASEMENT q~ ,~~~ ~ ~,. %~.~' I " .s/ 389'1018'E 104.76' uti '~' S .goT nys, 5.3 85.00/1.25 f BUFFER E t 10.64' 8 C/12 ~ a~ 'f8'18'E-170.91' in N 4a' ® PLATTED EASEMENT TO BE VACATED VACATION DISPLAY MAP OF THE COURTYARDS AT TEN MILE SUBDIVISION LOTS 4, 5, & 7, BLOCK 1, LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 11, 'r~~g TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, SU7i'SrEYING MERIDIAN, ADA COUNTY, IDAHO 4e,PA,~~w"~6•~`-~5-s~ `9>wNO>~ pIRYF IWrIM ot 0.bAC as sar mA HGN VVVN ce 90L0' 91 ' a cu ele cu fe > ca • Cef cu 11X 1 NI t w 1. oo• , 1 10024- ~ i 0 .~ N ~~ S00°42'44"W - 2646.35' ~ ~ ~ BASIS OF BEARING / ~~ N. TEN MILE ROAD ~OV/~ ti~ ti~ ° ~° `~ ~ o 3~ \ ~° V ...a O ~ m r3 \~~ ~ o `~ / ?ds f17 C]~~ `~s\ \~•,rs ~ ~~ titi/'a I o l ~~` Q ~r~n ~~~0 ~rn ~ ~ ~ ~ "FJ "r ~ m~-tm~ ~o~oo Z=~~z o~o~rn n~~~~ ~'m~~ ~ Qo ~~~~~ voa• ~m zgom~ orn~,~ m~o~ Dz~~ m z~~~ K ~Y y~ O G1 0 Q n 0 ~o m 0 O z -~ N. GRAY CLOUD WAY ~ ~ ~,L'~%L~, 6 oti ~ Z o° ~ $ ~~ ~ mgml ~ za.oo~ X °° TEN MILE m m ~~ ~ Q ° ~ m N ~ ~ WEST Ya CORNER EXHIBIT C sEC~noN ~ ~ . 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