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Staff ReportChanges to Agenda: Item #8A -Reflection Ridge Subdivision No.1:The applicant is requesting this item to be continued to the July 2, 2013 Council hearing. Item #86: Karmelle (VAC-13.003) Application(s): Vacation Location: This site is located on the south side of E. Victory Road, east of S. Eagle Road. History: In 2013, City Council approved the Karmelle Subdivision (PP-12-014 and FP-13-008). The approved subdivision consists of forty-three (43) residential lots and nine (9) common lots on approximately 16.18 acres of land. Summary of Request: The applicant is requesting to vacate the 10-foot wide public utility, irrigation and drainage (PUDI) easements platted on the shared lots line of Lots 1, 2 and 4 of Golden Eagle Estates Subdivision and the east boundary of Lot 4 of the Amended Golden Eagle Estates Subdivision. With the platting of Golden Eagle Estates Subdivisions, the utility easements were established along the aforementioned lot boundaries. The platted easements impact several of the proposed buildable lots approved with the Karmelle Subdivision. A condition of the final plat requires the easements to be vacated prior to City Engineer's signature on the final plat. All of the applicable utility providers have granted approval to relinquish the easements. New PUDI easements will be established with the development of the Karmelle Subdivision once it is recorded. The applicant has also obtained approval from the Boise Project Board of Control to vacate the 40-foot McDonald Lateral easement in favor of granting a new 30-foot easement that contains the piped facility. The necessary documentation from the Irrigation District approving the easement vacation was provided with the vacation application. This easement does not requiring Council action because the easement was not created via the plat. The new 30-foot wide irrigation easement is depicted on the final plat approved with the Karmelle development. Since new easements will be established with the new plat, Public Works has no objections and the service providers have granted relinquishment of the easements, Staff recommends vacating the PUDI easements as proposed in Exhibit A.2. Written Testimony: Scott Wonders, in agreement. Outstanding Issues for City Council: None Notes: STAFF REPORT ~, ID-IAN~-- Hearing Date: June 25, 2013 1 Q g H p TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: VAC-13-003 - Karmelle 1. APPLICATION SUMMARY The applicant, Providence Management, LLC, is requesting to vacate the 10-foot wide public utility, irrigation and drainage (PUDI) easements platted on the shared lots line of Lots 1, 2 and 4 of Golden Eagle Estates Subdivision and the east boundary of Lot 4 of the Amended Golden Eagle Estates Subdivision. For information purposes only, the applicant has obtained approval from the Boise Project Board of Control to vacate the 40-foot McDonald Lateral easement in favor of granting a new 30-foot easement that contains the piped facility. The necessary documentation from the Irrigation District approving the abandonment of the easement was provided with the vacation application and requires no action from the City Council. The new irrigation easement is depicted on the final plat approved with the Karmelle development (see Exhibits A.2 and A.3). 2. STAFF RECOMMENDATION Staff recommends approval of the subject application. 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number VAC-13- 003, as presented in the staff report for the hearing date on June 25, 2013. Denial After considering all staff, applicant, and public testimony, I move to deny File Number VAC-13- 003, as presented during the hearing on June 25, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant, and public testimony, I move to continue File Number VAC-13- 003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of E. Victory Road, east of S. Eagle Road in the northwest'/4 of Section 28, Township 3 North, Range 1 East. (Parcel #'s: 83193200010 and 83193200020) B. Owner(s): Karmelle -VAC-13-003 - 1 - Providence Management, LLC 7761 E. Riverside Drive, Suite # 100 Boise, Idaho 83714 C. Applicant: Same as owner D. Representative: Scott Wonders, J-U-B Engineers, Inc. 250 S. Beechwood Avenue, Ste. 201 Boise, Idaho 83709 E. Applicant's Statement/Justification: Please see applicant's narrative for this information and the application file for the applicable relinquishment approvals. 5. PROCESS FACTS The subject application is a request to vacate platted easements. Per Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. The UDC does not require the site to be posted with a public hearing notice sign. A. Newspaper notifications published on: June 3, and 17, 2013 B. Radius notices mailed to properties within 300 feet on: May 23, 2013 6. LAND USE A. Existing Land Use(s): This property is currently vacant and rapidly being developed as a residential subdivision. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the surrounding area is rural in nature but it is transitioning with urban densities. Commercial development is planned for the property that abuts the northwest corner. 1. North: Sutherland Farms Subdivision and pasture; zoned R-4 and RUT 2. West: County residence and vacant commercial property; zoned RUT and C-C 3. South: Single family homes; zoned R-4 and RUT 4. East: County residences and pastures; zoned RUT C. History of Previous Actions: In 2013, City Council approved the Karmelle Subdivision (PP-12-014 and FP-13-008). The approved subdivision consists of forty-three (43) residential lots and nine (9) common lots on approximately 16.18 acres of land. A condition of approval requires the applicant vacate a portion of the PUDI easements platted with the Golden Eagle Estates Subdivision prior to City Engineer's signature on the final plat. Several of the proposed buildable lots are impacted by the platted easements. 7. AGENCY COMMENTS MEETING No comments were received by the Planning Department from other City departments for the subject application. 8. STAFF ANALYSIS The applicant is requesting to vacate the 10-foot wide public utility, irrigation and drainage (PUDI) easements platted on the shared lots line of Lots 1, 2 and 4 of Golden Eagle Estates Subdivision and the east boundary of Lot 4 of the Amended Golden Eagle Estates Subdivision. This property was originally platted as Golden Eagle Estates Subdivision. With the platting of the property, utility Karmelle -VAC-13-003 - 2 - easements were established along the aforementioned lot boundaries. Currently, these platted easements impact several of the proposed buildable lots approved with the Karmelle Subdivision. A condition of the final plat requires the easements to be vacated prior to City Engineer's signature on the final plat. All of the affected utility providers have granted approval to relinquish the easements. New PUDI easements will be established with the development of the Karmelle Subdivision once it is recorded. The applicant has also obtained approval from the Boise Project Board of Control to vacate the 40- foot McDonald Lateral easement in favor of granting a new 30-foot easement that contains the piped facility. The necessary documentation from the Irrigation District approving the easement vacation was provided with the vacation application. This easement does not requiring Council action because the easement was not created via the plat. The new 30-foot wide irrigation easement is depicted on the final plat approved with the Karmelle development. NOTE: The McDonald Lateral is piped and relocated in the 30 foot wide easement depicted on the approved final plat. Since new easements will be established with the new plat, Public Works has no objections and the service providers have granted relinquishment of the easements, Staff recommends vacating the PUDI easements as proposed in Exhibit A.2. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Existing PUDI Easements to be Vacated 3. 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