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Staff Report C/CSTAFF REPORT Hearing Date: October 15, 2013 To: Mayor and City Council From: Bill Parsons, Associate City Planner (208) 884-5533 ~.~Vl E IDR IAN,.., ~J Subject: VAC-13-005 -Spurwing Subdivision (aka Spurwing Challenge) I. APPLICATION SUMMARY The applicant, The Club at Spurwing, LLC, requests approval to vacate a portion of the 12-foot wide public utility, irrigation and drainage (PUDI) easement platted on the east boundary of Lot 78, Block 1 of the Spurwing Subdivision. 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- 13-005, as presented in Staff Report for the hearing date of October 15, 2013, with the following changes: (insert any changes here). Denial After considering all Staff, Applicant, and public testimony, I move deny File Number VAC-13-005, as presented during the hearing on October 15, 2013. (You should state why you are denying the request.) Continuance I move to continue File Number VAC-13-005, 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 site is located north of Chinden Boulevard approximately '/z mile west of N. Linder Road in the southwest 1/4 of Section 23, Township 4 North, Range 1 West. B. Owner/Applicant: The Club at Spurwing, LLC 3405 E. Overland Road, Suite # 150 Meridian, 1D 83642 C. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. 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: September 23, and October 7, 2013 B. Radius notices mailed to properties within 300 feet on: September 19, 2013 Spurwing Subdivision -VAC-13-005 Page 1 VL LAND USE A. Existing Land Use(s): The area is developed as a single family residential subdivision, zoned R- 8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is currently developed with a golf course and county residences and platted residential lots, zoned RUT and. R-8. To south are single family residences and a public elementary school, zoned C-C, R-4. C. History of Previous Actions: • In 1995, the PUDI easements were platted as part of the Spurwing Subdivision. • In 2013, City Council approved the Spurwing Challenge final plat (FP-13-015). A portion of the new utility easements were established with the recordation of the plat; the portion proposed for vacation impact two (2) of the platted buildable lots. 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 Division from other City departments for the subject application. Please refer to the public record for the application file for any written comments that may have been submitted by other agencies. VIII. ANALYSIS Analysis Leading to Staff Recommendation: The applicant requests approval to vacate a portion of the l2-foot wide public utility, irrigation and drainage (PUDI) easements platted on the east boundary of Lot 78, Block 1 of the Spurwing Subdivision. Currently, the PUDI easement impacts several of the buildable lots and a common lot (Lots 5-7, Block 1) platted with the Spurwing Challenge Subdivision. The new segment of the utility easement has been established with the recording of the Spurwing Challenge plat thus eliminating the need for the PUDI easement to serve the development. All applicable utility providers have consented to the relinquishment of the utility easement in accord with state statute. Since new easements will be established with the new plat, Public Works has no objections and the service providers have granted relinquishment of the easement, Staff recommends vacating the PUDI easement as proposed in Exhibit A.3. IX. EXHIBITS A. Maps/Other 1. Vicinity Map 2. Approved Spurwing Challenge Final Plat 3. PUDI Proposed to be Vacated Spurwing Subdivision -VAC-13-005 Page 2 Exhibit A.1-Zoning/Vicinity Map ~~ ~ RLIT liT v d 1 a'~a ~ >' W ran ' ' ~ ` ; Ln m -- 12-4 _~- - -_ ~~~-~ C-l. ~ Y --- ---- -- - r r St I ~ ~~ i i--- i i r ~~ ~l ~ ~ I t.-O ('-N I _,_~ r~ I ' W Everesti - -- Ln ~-- C-G ' ~ t[ Ider Bar 1~ a R-g ~' /~ ~ UT ~ a~ ~ Z _ ~` c . 25t~aQld _ i Spurwing Subdivision -VAC-13-005 Page 3 Exhibit A.2 -Recorded Spurwing Challenge Final Plat «1. f • j wfwe n~ • M. '~ SPURWING CHALLENGE SUBDIVISION w~~><It~~ i~ C11.~10111o1M MMIOt fW. '~ 1 >~!T ~ I 1 4`--- 1 1 1 ~- ~ 1 YL MOIi t! 1 I ~ tnCll OR/J10TTlIbN'atN MT I t>+ 1 I i ~ ~ ~~~yyy 1 1 ~ ~(r- ~,~ 1 I 1 ~// k ! ~ Ayxwu ~/ ~!~ ~ ~ ~ I I I '~~T - i I i~ ~ ' • ~ I -.' ~ 11 i fill V t -/ ---}-- '\ ~ ~ ~~ r ~ ~! 1 ro' r«ttwtaMt.itl as n t .m _ »erm• uvx _ t~ uscrdt trEnlrw«a [n ~f.u b.w ~T er'n Tnan 7""..~. IE , lX' to a -~~ ^ nw«nl rtttu~wrt« $ ' _. - E ~,~_ - vnC.~tED ACnA ~ t1.0 toPlt-p-Y+ t ~1,~,_,n,: J ~T, t,~.,„. ~M 3TM HMI ows o4t1 IfAOOn~ A Spurwing Subdivision -VAC-] 3-005 ~~ ^~Quadrant Consu~ting, Inc. pfa D~Pi¢It«.G-AwKVMa t!a r o..~s,i ne ~ lane uroe (no) W-owl ryfpK ftwl a.f-awl ~u Page 4 1 LRVL~[:r~l n,z err _~a.rt~rar ~~ rw.~ Exhibit A.3 - PUDI Proposed to be Vacated FxISTIuG 12' PUBLIC UTILFt~S ! ~ 2 DRAINAGE, ANO IFCRICATION EASEMENT AS DESCRIBED ON - __ THE SP~~RwING S.~BDIviS10N I PLAT TC ~tEMAIu. i 'y N SPURWfNG LAN£ (PRIVATE) I ct ~ a ~ ~ ~ I ~ Ex1511NG t2' PUBLIC UTILITIES DRAINAGE, ANO IRRIGATION ~ L3 _.__L1 EA5Et,1ENT RS DESCRIED ON THE SPUR'N1NG SU9DIV1510N - -- ------ PLAT TO REMAIN. J "rt ~ C2 La PROP05ED t2' PUBLIC ~ ~ `/~ I UTILITIES EASEMENT I + I ~ ,~ 4 ~ I i vacare~ N SPl1RWING WAY ~_ ` Ex15TING 12' PUBLIC UTILITIES, I DRAINAGE, Afr'D IRRIGATION --- EASEMENT TO BE VACATED I T i - PROPOSED INTE~tMOUNTAIN I GAS EASEMENT J ~~ 1 C.P.F. f~ ,~lpsosa774 - "` ~~J tEG£ND LINE TABLE LINE LENGTH F3E.ARI'rG L1 12,00 NGG'48'55"E La 5~.a5 N~y'z~'32"E L3 12.00 89't 1'10"E L4 52,74 S89'28'3.2"W L5 108.00 NCO'48'S6"E L6 275.05 NGG'31'GG"W L7 84.83 NOG'49'Sti"E LA 84.69 0'0'48'56"W L9 215.05 500'31'00" L10 108.14 500'48'56"W Lt 1 12.00 500'48'58"W Lt 2 93.9A N 5.11'23"W L13 1G,00 NGG'48'S6"E u 4 105.98 489'11 "23"E L15 50.00 SO'0'48'56"W L15 4G.00 N00'41a'S~a"E L17 12.c)0 N8'9'tl'Ca"W Y *n ~ ~ ~ I GRAPHIC SCALE t 0 5Q tOG (Ati FEET ~' 1 r.~ch t00 ft. aLOC.x i J ~ o f3 ti L12 w C4 _1 I•T.O. R1CHT OF WAY - - J ---~ --,~____ - Nef Y2 24"W Liz _.., 1 -"'- -- 504.p,I. C 3 ~- W CklNbFN e~Itr l•veQn ~'~a~``==-=-~_ 23 5 8971'21" E 2827.61' - - LOT AOUNDARY/RIGHT-OF-VYAY LINE - - - - - - - -EXISTING EASEMENT LINE - - -- -- -- -- ~PRC31''OSED EASEMENT LINE SECTION LINE VACATED RIGHT-OF-WAY LINE ~. SPURIMNG CHALLENGE 5U801VISION LOT 6~ FOUND ALUMINUM CAF EXHIBIT B NORTH SPUItWING LANE EASEMENT biODIFICATI0N8 LOCATED 1N A PORTION OF THE SOUTH 1/2 OF THE SOUTIi 1/~ OF SECTION 23, T.4N., R. 1.11., B.lt. CITY OP IKSRIDIAN, ADA COUNTY, IDAHO 464 ((~; ^ ----~~~i ~~ 1/4 CC!Ft C.P.F. p1nsI399s7 ^^~ ^^C~uadrant Ccrsul-inc, Irc. 19^.~ M.rt G.a.'cnw• A•~ 5rw~, d:r.v R.l T75 (z0lj Nz-0:9! itYG~k iz19 ~a~-:.?2 FAX Spurwing Subdivision -VAC-13-005 Page 5