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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