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Staff ReportSTAFF REPORT Hearing Date: July 19, 2011 To: Mayor and City Council From: Bill Parsons, Associate City Planner (208) 884-5533 Subject: VAC-11-002 -Jayker ROW I. APPLICATION SUMMARY E IDIAN~ IDAHO The Applicant, SWG Brighton, LLC, has submitted an application requesting approval to vacate a portion of the public right-of--way platted with Jayker Subdivision No. 1. A new final plat is scheduled in conjunction with the proposed vacation application. 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- 11-002, as presented in Staff Report for the hearing date of July 19, 2011, with the following changes: (insert any changes here). Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number VAC-11- 002, as presented during the hearing on July 19, 2011. (You should state why you are denying the request.) Continuance I move to continue File Number VAC-11-002, 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 site is located on the north side of W. Greenspire Drive; midway between N. Tree Haven Way and N. Moon Drummer Way in the southwest '/aof Section 22, Township 4 North, Range 1 West. B. Owner/Applicant: SWG Brighton, LLC 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 C. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request to vacate platted public right-of--way. Per Meridian City Code, a public meeting 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: NA Jayker ROW -VAC-11-002 Page 1 C. Radius notices mailed to properties within 300 feet on: NA VI. LAND USE A. Existing Land Use(s): The subject property is currently vacant residential property and is zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: A vast majority of the surrounding properties are either platted residential lots or used for agricultural purposes, zoned R-8. C. History of Previous Actions: The City Council approved the final plat (FP-07-026) for the first phase of Jayker Subdivision on October 26, 2007. The right-of-way was dedicated via this plat which anticipated the extension of a future road. In 2010, City Council approved the Spurwing Greens preliminary plat (PP-10-001). The plat consists of 214 residential lots and 16 common lots on 86.66 acres. The new plat reconfigured the internal road network and the platted ROW is no longer needed to facilitate a future street connection (see Exhibit A.4). D. Utilities: 1. Public Works: a. Location of sewer: Currently installed to each lot. b. Issues or concerns: With the vacation of any easement, the applicant will be required to remove any services that are 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. 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 751 square feet of public right-of--way (ROW) platted with the Jayker Subdivision. In a separate but related application (file #FP-11-006), the applicant is seeking Council approval of a final plat. The portion of ROW proposed for vacation is to become part of the proposed Spurwing Grove final plat (see Exhibit A.3). When the ROW was dedicated, it was planned for a future street extension with a future phase of the Jayker Subdivision. The existing public street, W. Greenspire Drive and the curb return, proposed for vacation were constructed with phase 1 of the Jayker Subdivision. In 2010, a new preliminary plat (Spurwing Greens) was approved that reconfigured the internal street network and depicted buildable lots in the location of the existing curb return. The approved preliminary plat does not necessitate the extension of a future street; thus the ROW is no longer needed to provide future connectivity (see Exhibit A.4). In order to move forward with the final plat, the applicant must vacate the ROW. Since this request affects public ROW, Ada County Highway District (ACRD) will have the final action on the subject application. However, the Council must provide action on the application before ACHD makes the final decision on the Jayker ROW -VAC-11-002 Page 2 request. The applicant has provided documentation from several of the utility providers (Intermountain Gas Company, Idaho Power, Cable One) who support vacating the public ROW. Approval of the new plat will facilitate the necessary utility easements to service the future lots. Further, the only modification to the public street system will be the removal of the existing curb return and the installation of curb, gutter, an 8-foot parkway and a 5-foot detached sidewalk. The District has acted on the approved Spurwing Greens preliminary plat that addressed future street connectivity. A review of those conditions revealed no requirements for the extension of a public street in the vicinity of the existing curb return. Therefore, staff believes one will not be warranted in the future based on layout of the approved preliminary plat. Since ACRD has jurisdiction over the public ROW, staff has conditioned the applicant to provide documentation from ACRD that the ROW vacation has been approved by the District prior to receiving the City Engineer's signature on the final plat. Based on the aforementioned analysis, Staff recommends Council approve vacating the public ROW as proposed in Exhibit A.2. IX. EXHIBITS A. Maps/Other 1. Vicinity Map 2. ROW Proposed to be Vacated 3. Proposed Final Plat 4. Spurwing Greens Preliminary Plat (PP-10-001) Jayker ROW -VAC-11-002 Page 3 Exhibit A.1-Vicinity Map SPURWING GROVE SUBDIVISION NO. 1 vi~~~t-rv ire a Z W Jayker ROW -VAC-11-002 Page 4 w -T Exhibit A.2 -ROW Proposed to be Vacated Engineering ~orthWest, LLC - ,. t36at w. Mcbtufaa yet., See. t02 24S Goias, t~37t3 egos) 3aa-sooo • ~.x t~ ~-sss~ Projext No. 09-027-01 Date: June i, 2011 JAYKLR SUBDIVISION GREEN9YIRE DRIVL RIGHT-OF-WAY VACATION DESCRIPTION A parcel of land located in the NB 1/4 of flay S W 1/4 of Sec~ioa 22, T. 4 N., R 1 W., B.M., Meridian, Ada Courtly, Idaho, more partiailarly ~ as tnllowa: Commencing at the southwest eornex of Lot 1, Block S of Jayka Subdivision -Phase 1, as same is shown on the Plat thereof reeordesd in Book 101 of Plata at Pages 13341 of Ada Coaaty Recrords, said point beshsg ~ the trortlraty right of-way Hne of bleat Ch+oenspire Drive, as shown on rho Plat of:sid Subdivision; 11rea>ca South 89°26"l4" Went, 28.75 feset on the northerly rigid-of-way Hues of said bleat Clresr~rspiro Drive and the northerly boundary line of said Jaylasr Subdivision -Phase 1 to a point of curve; Thacuse 70.12 feet on the arc of a curves to the le$ sad crave having a radius of 423.50 feet, a central angle of 09°29'11" and a chord di~ance of 70.04 feert which bears South 84°41'49" Wept esn acid nortlrarly rightrof-way line and said rror@uecly aebdivisian boundary lino W a point of curve, acid point being the REAL POII~1T OF BEGINNING; Thenoe ?7.36 feet on the aro of a curve to the teft, ssid curve havhrg a cadiw of 423.50 feet, a oettdral asagie of 10°28'00" and a chord distance of 77.26 Beat which bears South 74°43'08" West to a point of axve exr the tly right-of-way line of said Wert Qreonspire Drive and raid northerly subdivision boundary lice; Thence 22.19 Poet ar- the arc of a eauve to tho lalt, acid curve having a radius of 15.00 feet, a central angle of 84°46'24" and a chord distance of 20.22 feet which bears North 27°OS'S8" Bast unsaid nordrerty rigbttof--way lino and:sid northerly subdivision boundary line; Thences Neuth 74°43' 19" Bast, 50.00 feet on said noedrerlyright-of-way lire and said northesrly subdivision boundary line 6n a point of curves; Thee 22.19 feet on the arc of a curve to the leS, said curve having a radius of 15.00 feet, a control angle of 84°45'39" and a etwr~d distanca of 20.22 feset which bears South 57°39'48" Bart unsaid rattharlytight-of way line and said nordrerly aubdlvision banuiary Hne to the real point of besgMning. Said 1 square feet nwn or leas. ~NerthWast,LLC ' ~~~/~HOs' nta R Was6bnra, PLS OG Ri~M-~wo~ Y.o~aai uaedeo ~ ~ !'w r of ~ Jayker ROW -VAC-11-002 Page 5 Jayker ROW -VAC-11-002 Page 6 Exhibit A.3 -Proposed Final Plat iSPIIRWIN6 GROVE STBDIVISION NO. 1 BEINO A RESUBOMSION OF A PORTION OF l0T 4, BL.OCIC 4 OF JAYKER SUBWVISION -PHASE t, AND A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 22, T.IN., R.iW., B.Y., MERIDIAN. ADA COUNTY, IDAHO 2011 Roka 1.,.~a.-~a.1.........._. ~.....~ aeon +>~ ~MtliC ~L~SS "~~".".5.~ • ....» • 5`r'~kKL.ZSf7L ~ .~{. ~,.r ano wi wr 0 ~Mwe.~li ~ ~...~ wwwn wrorr ~~ -.. .-. ~arr„K - ~ ~,~ m. w-a•nr+uK -~ - - -~- OrM.1MYw r,ICi01 . _._. _._. _._ rr.o la uK fdfLf 1" ~ AD' AMA cA~~Fo t ~ --I - - '-T-` 1 I 1 BCLICM'1 S 1 1 ~ © 0 ~ O ,\ 1 ~A~1'KLR f Yf fll VI LIOM /M11 iL 7 ~`~ a irr~i rte. ~ ,~~~is isirla~~l~ ~~ s ~v °rn r~i~O1iXr~e: ~~r i'F rr. sv r saNilar ~nls~ s w'a,irw~~~,~:{ r~Iw~w°° s ,KIO ,rI[.K rK~Yal,~~rri~i ~iru •. sr rwrw,,pl.ero`wKr -+f. KKwra~ ~~s'~pY Ia~IN wu~rri7i' `i~' A,~~w . w~ray~~isy I~~K.~s~w°~°.w,, l~raa~~w 1s, ~iae ~ ~MM.ti.n ,et MY4Al.WMYMNrl~A1M0 ON.s At~LO /. ~~ ~ ' r n; Ad C ~ ~ ~ 1 i ~ . ~, Yf EfI ~M t ~ . i~ ~ `` f0'N'f - _ _ 7111 M - - - 1a ~ %~ \ >.fL a oRRfR fouuwre W.i wiwr »-fp ~--as s ~~ ,~ ~~~ ~~. -~y ~,.. I _~.i r. r r_'~ x ^ JATKff 4 f0%MAf tf ;OM >f ~~ O ~~, b i g 11RL OA iA: WIR tD~M b na rl,. Oa r6 1 IM tt• 11• N Mr' ar' ! R M• IIfOA•Y M •X a Y' AM Y~ N'AM' Mr' Mt1' ` a'r'VY M NKY tlM K'OI! M 1llr'. Jayker ROW -VAC-11-002 Page 7 Exhibit A.4 - Spurwing Greens Subdivision (PP-10-001) ~~ ``~ ~ w V'O. - ® p 0 r0! O OlL~. d D! O H O ~ ` , . - ® a 1 ' ~ ....,~~.. .~' r e O ~. _ _ , , D ~i ,.. X5 r~ I ', ,®®~~ m ~ .o ~,o ~ ~ ~ .- , ~ " ®' ~ ' ' ~ . /® . ~ ~. ~ \ . .. ~ ® a .+ A . . .., ' , a - _. -. •- _ o Y ~~ . -...~ fT -. . . -~- ~ l J ~ .Lid;~4 fir. ` -r ~ ~ ~ ~' F ~ ~ rm. ,,.r*~j ~ ® ,. o eD" r ~l ~ }:irk , ! ~ :.~ r y .... a ° i ~, ` J ..~; ., - - - > o " ~" Location of constructed curb -- = = .© ~ ~; _ :-.::r.:..r ~~, „~;~~, .~ return proposed for vacation. ~ =-= ••_. • - ~ ` _ _ ~ 1 ' ' (~ r-4 .L ~~~~• f ~ ~ ~, ,' , .t ptK~iWt/t@ 1~ II.ocAreD a~ ~cnoH u. r.~H.. It.tw.. e.r...F .....~.................. YERIpAN. ADA COUIIY. IDAHO PRELN~AMIrA~ U? " . Jayker ROW -VAC-11-002 Page 8