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
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CITY OF MERIDIAN SEWER & WATER EASEMENTS
BLOCK 1, THE COURTYARDS AT TEN MILE SUBDIVISION
LOCATED IN THE NW 1/4 OF THE SW 114 OF SECTION 11, TlMBEItLTI~Fi3
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO :.,o„~,,,,,,-,,,~ ~ SURVIIYINc