Staff ReportSTAFF REPORT
Hearing Date:
To:
From:
Subject:
July 24, 2012
Mayor and City Council
Bill Parsons, Associate City Planner
(208) 884-5533
E IDIAN~--
IDA,HQ
VAC-12-002 - Spurwing Grove Subdivision No.3
I. APPLICATION SUMMARY
The Applicant, Brighton Development, is requesting approval to vacate a 5-foot wide irrigation
easement depicted on Lot 13, Block 1 of Spurwing Grove Subdivision No. 3.
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-
12-002, as presented in Staff Report for the hearing date of July 24, 2012, with the following changes:
(insert any changes here).
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number VAC-12-
002, as presented during the hearing on July 24, 2012. (You should state why you are denying the
request.)
Continuance
I move to continue File Number VAC-12-002, 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 north of W. Greenspire Drive and east of N. Moon Drummer Way in the
northeast '/4 of the southeast '/4 of Section 22, Township 4 North, Range 1 West.
B. Owner/Applicant:
Brighton Development
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 an irrigation easement. 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: July 2, and 16, 2012
C. Radius notices mailed to properties within 300 feet on: June 29, 2012
Spurwing Grove Subdivision No. 3 -VAC-12-002 Page 1
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant residential lot; zoned R-8.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
surrounded by either planned or existing residential development. All of the surrounding
properties are zoned R-8.
C. History of Previous Actions:
In 2011, the Director approved a property boundary adjustment (PBA-11-003) that
reconfigured Lots 1-4, Block 4 that were platted with the Jayker Subdivision. The
reconfiguration of the parcel boundaries has necessitated the need to vacate the easement.
• In 2012, City Council approved the Spurwing Grove Subdivision No. 3 (FP-12-001). The plat
consists of 21 residential lots and 3 common lots on 6.58 acres.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently installed to each lot.
b. Issues or concerns: None.
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 a 5-foot wide irrigation easement depicted on lot
13, blockl of Spurwing Grove Subdivision No.3 (see Exhibit A.2). Originally, this easement was
established to serve Lots 2-4, Block 4 platted with the Jayker Subdivision. In 2011, a property
boundary adjustment (PBA) was approved by the City that reconfigured Lots 1-4, Block 4 of the
Jayker Subdivision. The PBA was done to accommodate the lot layout for future development
phases consistent with an approved preliminary plat.
The subsequent phases are now recorded and the subject easement impacts the development of
Lot 13, Block 1 platted with Spurwing Grove Subdivision No.3. New easements are in place to
adequately service the lot and the home owners association is responsible for the maintenance of
the pressurized irrigation system. Thus, the remnant easement is no longer needed. Since new
easements are established with Spurwing Grove No. 3 and Settlers Irrigation District has no
jurisdiction over the subject easement (see Exhibit A.4), Staff recommends vacating the 5-foot
wide irrigation easement as proposed in Exhibit A.3.
IX. EXHIBITS
A. Maps/Other
1. Zoning/Vicinity Map
2. Lot Affected by 5-Foot Wide Irrigation Easement
3. Irrigation Easement Proposed to be Vacated
4. Email from the Settler's Irrigation District
Spurwing Grove Subdivision No. 3 -VAC-12-002 Page 2
Exhibit A.1 -Zoning/Vicinity Map
Spurwing Grove Subdivision No. 3 -VAC-12-002 Page 3
Exhibit A.2 -Lot Affected by the Irrigation Easement
/ ® .!!
~,
'~
\~ ~
~ M
sxc~m
IVL9
VE ,SUBD
BO
PUIt~IN~ Q
S
I8~ ~~N ~
~
L
B
I
~,
A
YKER SUBDIVISION -PHASE- 1, •
LOTS Z, 3 MID 4, BLOCk 4, ALL OF J .~.,.,«
°°
AND A PORTION OF THE SOUTH i/2 OF SECTION 22,.T.4N., R.1 W., B.M., ^
' '
'^A" ~'^""~
MERIDIAN, ADA COUNTY, IDAHO 1S1~S'S ~~
2012 ~~
~'~~-
t !>ratt!)•MC LdC ~ _
_
w. s
ve ,w w ~-.,
Sl~IfrldSJ'T.17r
~1.:~
swi ~' ~ M'Kq'dn . W' _.. __ ,,,,
® -~~.~e ~C,11(L• /• ~ 107 ® ,mew
m
(~ ~ ~
.~
,~~~'
.'
.~32:sk."..
t, ,
r.. ,~. ....'..n ., r.a
.+.~. ~n.r.. y,
p ®~.~e~ ___-...~_
~•~,~ j ~m~ ~erx~rxlr~ssreaura:eax.
r~^sxsr.~~r~me^..,........,.«..
ns~rmoswtamr
.~~
' ~.
I s -w:aae~aalraaxa.:~-~.s:sr:s~s--
~~ ie ~,
~ '~'ca""0s a"w "~s'S".~:eACC""O"' ~.Ta9eC
~ .m>w.ww K~~•
~w~'--- --- aTii 6 r3o=a1~----
Spurwing Grove Subdivision No. 3 -VAC-12-002 Page 5
Exhibit A.3 -Irrigation Easement Proposed to be Vacated
av
THE LAND IiaoU~ 11VC.
Date: tune 2l, 2012
SPURWING GROVE SUBDIVISION N0.3
IRRIGATION EASEMENT VACATION DESCRIPTION
M easenrezrt located in Lots 12 and 13, Block I of Spurwing Grove Subdivision No. 3 and Lots
2, 3 and 4, Stock 4, of Jayker Subdivision ~- Phaac I, in the NE 1/4 of the SW l/4 of Section 22, T. 4 N.,
R. 1 W., B.M., Meridian, Ada County, Idaho, more partiwlarly described as follows:
Commencing at the southwest corner of Lot 13, Block 1 of Spurwing Grove Subdivision No. 3,
as same is racotdcd in Book l04 of Plats at Page 14103 of Ada County Records;
Thence North 62° I6'S0*' East,167.66 feet on the southerly lot line of said iota 12 sad 13, Block
1 of Spurwing Grove Subdivision No. 3 to a point on the northerly lot line of said Lot 4, Block 4 of
Jayker Subdivision -Phase 1, said point being the RttAL POINT OF BEGINNING;
Thencc South 73°49"52" Went, l 55.13 fcct on the rrorthexly lot line of said Lots 3 and 4, Block ~
of Iayker Subdivision -Phase 1 io the northwest confer of said Lot 3;
Thence South 26°29'58" West, 6.80 feet on the northerly lot. linc of Lot 2, Bock 4 of said Jayl:er
Subdivision -Phase 1;
Thence North ?3°49`52" East, 13d.25 feet to a point on the southerly !ot line of mid Lot 13,
Block I of Spurwing Grove Subdivision No. 3;
Thence North 6l°48'39" East, 24.01 fed on tine southerly bt line of said Lots 13 and l2, Bbck 1
to the real point. of beginning.
Spurwing Grove Subdivision No. 3 -VAC-12-002 Page 6
PREPAR$D BY:
SPtlRWlNG GRt~VE SUBDlVlSlt~N NQ. 3
SC)UTH 1 /2 ~~ SECTION 22, T.4N., R.1 W., B.M.
LOTS 1,~ 8t 13, BLACK 7 - ! RRlGATlON EASEMENT VACATE
EXHIBIT
SCALE: t" = 54'
O
1 /
,/,
Spurwing Grove Subdivision No. 3 -VAC-12-002 Page 7
Exhibit A.4 -Email from Settlers Irrigation District
From: Mack Myers [mailto:m~ic@settlersitriyation.org]
Sent: Tuesday, ]une 26, 201211.34 AM
To: Mike Wardle
Cc: Mandy Macomb; Jo#tn An~rson
Subject: RE: Spurwing Grove No. 3
Mike,
Settlers Irrigation District has no jurisdiction over the Spurwing pressurized irrigation system/easement therefor will not
be impacted by the relocation of the said pressurized irrigation easement. We do suggest any and al! other easements
remain the same in accordance with Idaho code 42-1208.
ThanlCS,
Mack Myers
Acting Manager
Settlers Irrigation District
P.O. Bvx 7:571
Boise, ID 83707
Cell 208-871-4468 Office 208-343 5271 Fax 208 343-1542
Spurwing Grove Subdivision No. 3 -VAC-12-002 Page 8
CITY OF MERIDIAN ORDINANCE NO. ~ g '-
BY THE CITY COUNCIL: BIRD, ZAREMBA, ROUNTREE, BORTON
AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, OF THE MERIDIAN
CITY CODE REGARDING ADOPTION OF THE 2006 EDITION OF THE
INTERNATIONAL BUILDING CODE, 2006 EDITION OF THE
INTERNATIONAL RESIDENTIAL CODE, AND 2006 EDITION OF THE
INTERNATIONAL ENERGY CONSERVATION CODE; AMENDMENTS TO
THE ADOPTED CODES; PROVIDING FOR A WAIVER OF THE READING
RULES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That Title 10, Chapter 1 of the Meridian City Code is amended to read
as follows:
10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE,
INTERNATIONAL ENERGY CONSERVATION CODE AND INTERNATIONAL
RESIDENTIAL CODE:
There is hereby adopted by the Mayor and the City Council, for the purposes of
regulating the erection, construction, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment use, height, area, and maintenance of all
buildings or structures; providing for the issuance of permits, and collection of fees
thereof; and providing for penalties for the violation thereof, certain building codes
known as the }International bBuilding sCode, }International Residential sCode, p~s~-
~' and }International eEnergy sConservation sCode,
Ihe~ete published by the International Code Council, being particularly the 2006 editions
thereof and the whole thereof, ,
> >
and the same are hereby adopted and incorporated in full as if set forth at length herein,
including all appendices thereto, save and except such portions as hereinafter deleted,
modified or amended by section 10-1-3 of this chapter. From the date in which this
chapter takes effect, the provisions thereof shall be controlling within the limits of the
City.
10-1-3: AMENDMENTS TO ADOPTED CODES:
The following amendments to the adopted codes shall apply:
A. Section 105.1 }International bBuilding sCode shall be amended with
the addition of subsection 105.1.3,. to provide as follows:
ADOPTION OF 2006 INTERNATIONAL BUILDING CODE PAGE 1 OF 4
105.1.3 Permits Required For Prefabricated And Mobile Structures: No prefabricated
structure, mobile home, or house trailer shall be installed, erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or demolished
unless a separate permit for each building or structure has first been obtained from the
bBuilding eOfficial.
B. Section 10$.2 }International bBuilding sCode shall be a~ amended to
provide as follows:
108.2 Permit Fees. The fee for each permit shall be as set forth pursuant Ito a
schedule of permit fees as established by resolution of the City Council. The
determination'ofvalus or valuation under any of the provisions of this code shall be
made by the Building Official. The value to be used in computing the building permit
and building plan review fees shall be the total value of all construction work for
which the permit is issued as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators, fire extinguishing systems and any
other permanent equipment. Final building permit valuation shall be set by the
Building Official for all permits that require initial estimated valuation and final
estimated valuation by the applicant.
C. Section 312.1 }International bBuilding sCode shall be and~e-~sa~e-is amended with
the deletion of the requirement for agricultural buildings to comply with the }International
eEnergy sConservation sCode.
D. Section 1805.4 lInternational bBuilding sCode shall be amended with
the addition of subsection 1805.4.5 a~-~8~46 to provide as follows:
1805.4.5 Wood. Regardless of the provisions of the }International Residential sCode,
this chapter, related chapters, appendices or tables, the City of Meridian shall not
allow the use of wood, treated or otherwise, te-bused for footings or foundations.
E. The appendices of the International Building~Code shall be amended with the deletion
of Appendix A.
F. The International Residential Code shall be amended with the deletion of Parts VII and
VIII.
G. Section R402.1 }International Residential sCode shall be a~d~e-same-is amended. to
provide as follows:
R402.1 Wood.. Regardless of the provisions of the }Intemational bBuilding sCode,
this chapter, related chapters, appendices or tables, the sGity of Meridian shall not
allow the use of wood, treated or otherwise, ~e-used for footings or foundations.
H. Section R309.2 }International Residential sCode shall be a~d~e-same is amended to
provide as follows:
R309.2 Walls and ceiling of garages shall be covered with not less than 5/8-inch (15.9
nun) Type X gypsum board or equivalent.
ADOPTION OF 2006 INTERNATIONAL BUILDING CODE PAGE 2 OF 4
I. The appendices of the International Residential Code shall be amended with the
deletion of Appendix I,.
10-1-4: MOBILE HOMES, TRAILER HOUSES AND PREFABRICATED
STRUCTURES:
Any mobile home, house trailer, or prefabricated structure constructed prior to moving in
or placement on any lot or parcel witlu~n the City shall be considered as a building or
structure subject to regulation by the ~3 International Building Code as adopted and
amended by this chapter.
10-1-8: PENALTIES:
A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a
misdemeanor and any person who violates any of the provisions of this chapter or of
the International Building Code, International Residential Code, parts I-VI and IX,
and International Energy Conservation Code, as adopted and amended herein or fails
to comply herewith, or who violates or fails to comply with any order made
thereunder, or who builds in violation of any detailed statement of specifications or
plans submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken, or fails to comply with such an
order as affirmed or modified by the board of appeals as provided for under section
112 of the International Building Code or by a court of competent jurisdiction, within
the required time, shall severally for each and every such violation and
noncompliance, respectively, be guilty of a misdemeanor
°°°*'^~ ' " ' ^~«'~~° ^^~'°. The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue; and all such persons shall be required to
correct or remedy such violations or defects within a reasonable time; and when not
otherwise specified, each ten (10) days that prohibitive conditions are maintained
shall constitute a separate offense.
B. Removal Of Prohibitive Conditions: The application of the above penalties shall not
be held to prevent the enforced removal of prohibitive conditions.
C. Civil Action: Whenever it appears to the City Council that any person has engaged or
is about to engage in any act or practice violating any provision of this chapter, the
City Council may institute a civil action in the District Court to enforce compliance
with this chapter. Upon a showing that a person has engaged or is about to engage in
an act or practice constituting a violation of this chapter, a permit or temporary
injunction, restraining order or other such relief as the court deems appropriate may
be granted. The City Council shall not be required to furnish any bond in said civil
proceeding.
ADOPTION OF 2006 INTERNATIONAL BUILDING CODE PAGE 3 OF 4
D Working without permit• AnYperson who commences or causes the commencement
of work for which a permit is required whether such work is structural, building,
electrical mechanical plumbing fire or specialized in nature without first obtaining
each and every required permit shall upon application for such permit or permits,
pay a doubled permit fee or fees as established by fee schedule. This provision shall
not appiy to emergency repair work performed durinagff-business hours, where such
emergency repair work is undertaken in order to reinstate operational status, so long
as each and every applicable permit is obtained on the next business day.
Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1)
of the Members of the full City Council, the rule requiring two (2) separate readings by
title and one (1) reading in full be, and the same is hereby, dispensed with, and
accordingly. This ordinance shall be in full force and effective on the 2 ~~'day of
~.~ f"Y/t-Gi.G' 2008 after its passage, approval and publication.
PASSED by the City Council of the City of Meridian, Idaho, this 2<i ~
day of .T6Lh.Gc,Gt~~,,yl , 2008.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day
of ~~ ~'t~l~t-Gtn. Gl , 2008.
ADOPTION OF 2OOE INTERNATIONAL BUILDING CODE PAGE 4 OF 4