SOS ; Turner Trust, Consent to Vacate Portion of Interurban Street

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MEMORANDUM TO: FROM: Mayor and City Council David Abo, AICP Chief Subdivision Review Analyst Boise City Planning and Development Services DATE: April 12, 2011 RE: SOS11-00003; Turner Trust, Consent

1 MEMORANDUM TO: FROM: Mayor and City Council David Abo, AICP Chief Subdivision Review Analyst Boise City Planning and Development Services DATE: April 12, 2011 RE: SOS ; Turner Trust, Consent to Vacate Portion of Interurban Street The following application has been scheduled for hearing by the Council on April 19, 2011: Request consent to partially vacate 179 feet of public street Right-of-Way (R-O-W) for Interurban Street. The applicant is requesting to vacate a strip approximately 24 feet wide and 179 feet long on the north side of Interurban Street. The portion to be vacated is located approximately 280 feet northwest of the intersection of Arthur Street and State Street *** The Boise City Subdivision Staff is recommending that the Boise City Council grant consent to partially vacate R-O-W of Interurban Street subject to Conditions of Approval. Table of Contents Staff Report Page 2 Request Page 2 Background Page 3 Applicable Law Page 4 Analysis Page 4 Recommendation Maps Page 5 Vicinity Map Page 6 Survey of Vacation of Interurban Street Page 7 Plat of Wilson Subdivision Page 8 Plat of Edwards Subdivision Page 9 Aerial Map Attachments Page 10 Applicant s Letter, March 18, 2011 Page 12 Boise City Public Works Comments, March 29, 2011 Page 13 Boise City Fire Department Memo, March 30,

2 SOS / Boise City / Consent for Public Right-of-Way Vacation Boise City Council / April 19, 2011 Vacation Staff Report Request Consent to partially vacate public R-O-W File Number SOS Applicant Turner Trust Lead Agency Boise City Streets Portion of Public R-O-W of Interurban Street Comp. Plan Complies Public Hearing Date April 19, 2011 Heard by Boise City Council Staff David Abo, AICP Request: The applicants, the Turner Trust, requests Boise City s consent to partially vacate the public R- O-W of Interurban Street, approximately 280 feet northwest of the intersection of Arthur Street and State Street. The proposed vacation is approximately 4,277 square feet in area and is part of a R-O-W exchange. In exchange for the vacation, the applicants will dedicate property to increase the State Street R-O-W and for improvements to the northwest corner of the intersection of Arthur Street and State Street. Background: The applicant owns property in two platted subdivisions, the Edwards Subdivision and the Wilson Subdivision. The Edwards Subdivision dedicated public road R-O-W for Arthur Street and was recorded in September The applicant owns the lot that abuts Arthur Street and State Street. The Wilson Subdivision dedicated public road R-O-W for State Street (Valley Road), R-O-W for the Interurban Railroad and public road R-O-W for Interurban Street and was recorded April 21, The R-O-W dedicated for the Interurban Street was 40 feet, the R-O-W for the Interurban Railroad was 38 feet and the R-O-W for Valley Road (now State Street) was 60 feet. The R-O-W for the Interurban Railroad R-O-W is currently a series of landscape islands that separate State Street from Interurban Street. Interurban Street serves as a frontage road with a paved surface of approximately 17 feet in width. There is no curb, gutter or sidewalk. The portion of Interurban Street that is requested for consent to vacate is in front of the applicant s property. The applicant has been using this area for parking for the Turner Sportsfair store. 2

3 SOS / Boise City / Consent for Public Right-of-Way Vacation Boise City Council / April 19, 2011 Applicable Law: Idaho Code, Section ABANDONMENT AND VACATION OF COUNTY AND HIGHWAY DISTRICT SYSTEM HIGHWAYS OR PUBLIC R-O-W (1) A board of county or highway district commissioners, whichever shall have jurisdiction of the highway system, shall use the following procedure to abandon and vacate any highway or public R-O-W in the county or highway district system including those which furnish public access to state and federal public lands and waters: *** (6) When a county or highway district desires the abandonment or vacation of any highway, public street or public R-O-W which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50, Idaho Code. Idaho Code, Section A VACATION OF PLATS -- PROCEDURE. (1) Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any City must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the City Clerk. *** (4) When the platted area lies more than one (1) mile beyond the city limits, the procedures set forth herein shall be followed with the county commissioners of the county wherein the property lies. The county commissioners shall have authority, comparable to the city council, to grant the vacation, provided, however, when the platted area lies beyond one (1) mile of the city limits, but adjacent to a platted area within one (1) mile of the city, consent of the city council of the affected city shall be necessary in granting any vacation by the county commissioners. *** (6) When public streets or public R-O-W are located within the boundary of a highway district, the highway district commissioners shall assume the authority to vacate said public streets and public R-O-W as provided in subsection (4) of this Section. 3

4 SOS / Boise City / Consent for Public Right-of-Way Vacation Boise City Council / April 19, 2011 Analysis: The request for the consent to vacate is the result of discussions for a R-O-W exchange with ACHD. The reasons for the exchange are outlined in the applicant s representative s letter (see attached). The vacation of the portion of Interurban Street will not interfere with the continued use of Interurban Street and the additional R-O-W being dedicated from the applicant for State Street will provide a straight boundary on the north side of State Street west of the intersection of Arthur Street. The Boise City Public Works Department and Fire Department commented on the request for consent to vacate and do not have any special conditions of approval. Recommendation: Staff has reviewed the request and recommends the Boise City Council grant their consent to partially vacate the public R-O-W of Interurban Street as shown on the attached survey. 4

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12 Table of Contents Standard Drainage Conditions Standard Irrigation Conditions Standard Sewer Conditions Standard Street Light Conditions PW CONSENT TO VACATE COMMENTS REV 2/19/08 Date Due: 03/29/2011 Transmittal Date: 03/21/2011 Tentative Hearing Date: 04/19/2011 Subject: Request to vacate a portion of the right-of-way on Interurban Street. Location: On the northwest corner of State Street and Arthur Street Applicant: Robert & Myrtle Turner, 4026 W State Street, Boise, Id When finished with comments, please type initials below. To: Initials Public Works Terry Records Drainage TCR Public Works Terry Records Municipal Lighting TCR Public Works Mike Sheppard Sewer MS Public Works Kent Johnson Pressure Irrigation KAJ Please provide comment within five (5) days of request for comment. 1. STANDARD DRAINAGE CONDITIONS a. No comment. 2. STANDARD IRRIGATION CONDITIONS a. No comment. 3. STANDARD SEWER CONDITIONS REV 2/19/08 REV 2/19/08 Boise City Sanitary Easement Special Conditions: Project is located in Northwest Boise Sewer District. 4. STANDARD STREET LIGHT CONDITIONS REV 2/19/08 a. No comment. REV 2/19/08 Back to top Finaled/Sent: TM 03/30/

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The following application has been scheduled for hearing by the Council on July 19, 2011:

The following application has been scheduled for hearing by the Council on July 19, 2011: MEMORANDUM TO: FROM: Mayor and City Council David Abo, AICP Chief Subdivision Review Analyst Boise City Planning and Development Services DATE: July 12, 2011 RE: SOS11-00008; Partial Street Vacation, Mark