Post on 21-Apr-2022
MEMORANDUM
TO: Mayor and City Council
FROM: David Moser
Associate Planner
Boise City Planning and Development Services
DATE: June 9, 2015
RE: SOS15-00009; Vacation of Boise City Sewer Easement within the Northwest
Passage Subdivision.
The following application has been scheduled for hearing by the Boise City Council on June 9,
2015:
Request for approval of a vacation for a Boise City sewer easement located within the
Northwest Passage Subdivision. The site is bounded by West Saxton Drive and North Gary
Lane to the east and West State Street to the south.
The Planning Team is recommending approval of the vacation of the Boise City sewer
easement within the Northwest Passage Subdivision as requested by the applicant.
Table of Contents
Staff Report
Page 2 Request
Page 2 Location
Page 2 Applicable Law
Page 3 Analysis
Page 3 Recommendation
Maps Page 4 Vicinity Map
Page 5 Northwest Passage Subdivision and Easement Detail
Page 10 Aerial Photo
Attachments
Page 11 Applicant’s Letter, April 27, 2015
Page 12 Application
Page 14 Public Works Comments
SOS15-00009 / Hawkins Companies/ Vacation of Boise City Sewer Easement
Boise City Council / June 9, 2015
Vacation Staff Report
Request Vacation of the Boise City Sewer
Easement File Number SOS15-00009
Subdivision Northwest Passage Subdivision Heard by Boise City Council
Plat Note 20 foot wide Boise City Sewer
Easement
Public Hearing Date June 9, 2015
Applicant Hawkins Companies Analyst David Moser
Request:
The applicant, Hawkins Companies, requests to vacate the 20 foot wide Boise City Sewer
easement located within the Northwest Passage Subdivision.
Location:
The subject property is generally located at 7410 West Saxton Drive and is a large area
consisting of approximately 22 acres. The area is bounded by N. Gary Lane and W. Saxton
Drive to the east and State Street to the south.
Applicable Law:
Idaho Code, Section 50-1306A
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.
(2) Written notice of public hearing on said petition shall be given, by certified mail with return
receipt, at least ten (10) days prior to the date of public hearing to all property owners within
three hundred (300) feet of the boundaries of the area described in the petition. Such notice of
public hearing shall also be published once a week for two (2) successive weeks in the official
newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of
said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a
cemetery plat where there has been no interment, or in the case of a cemetery being within three
hundred (300) feet of another plat for which a vacation is sought, publication of the notice of
hearing shall be the only required notice as to the property owners in the cemetery.
(3) When the procedures set forth herein have been fulfilled, the City Council may grant the
request to vacate with such restrictions as they deem necessary in the public interest.
SOS15-00009 / Hawkins Companies/ Vacation of Boise City Sewer Easement
Boise City Council / June 9, 2015
Analysis:
In 2005, the Northwest Passage Subdivision was platted and recorded with 12 buildable lots.
At the time the subdivision was recorded the subject property was zoned C-4D/DA (Planned
Commercial with Design Review and Development Agreement), L-OD/DA (Limited Office
with Design Review and Development Agreement) and R-2D/DA (Medium Density Residential
with Design Review and Development Agreement).
There is a 20 foot wide Boise City sewer easement that extends across Lots 4, 5 and 9, Block 1
of the Northwest Passage Subdivision. This subdivision was designed to match the approved
conceptual plan detailed in the following Rezone and Conditional Use applications; CAR00-
00005, CAR00-00008 and CUP00-00007. According to the approved plans from 2005 the
property was intended to be developed as a regional shopping center with apartments along the
north property line. The regional shopping center design included a large commercial building
along the north side of the site, office buildings along Gary Lane, and small commercial retail
buildings along State Street surrounding a large surface parking lot. This conceptual plan was
further modified in 2007 to include a 5 acre parcel adjacent to the west. However, this
modification did not change the general site layout with the exception that the residential
property to the north was removed from the project and developed as the Baron Subdivision.
On January 27, 2015, Boise City Council formally approved a new conceptual site plan detailed
in the following applications; Planned Unit Development, Development Agreement and Rezone
(i.e. PUD14-00003 and CAR14-00010). This new conceptual plan significantly modified the
originally development and site layout. The conceptual site plan approved in 2015 is a mixed-
used development comprised of multi-family residential and commercial uses with the potential
for redevelopment as a Transit Oriented Development (TOD) in the future. However, this new
site design requires the vacation of the sewer easement since several of the proposed building
locations are encroaching into it. This sewer line will be relocated to accommodate the new
multi-family residential and commercial development.
No adverse comments were received on this sewer easement vacation request. In addition, the
Boise City Public Works Department stated that they have no objection to the proposed sewer
easement vacation.
Recommendation: Planning recommends that the Boise City Council approve the vacation of the Boise City sewer
easement as it refers to Lots 4, 5, and 9 of Block 1 of the Northwest Passage Subdivision.
Dry Creek Canal
Boise Valley Canal
Gary Lane Site
W State StN
Gary
Ln
R-1C
R-2
C-2D
C-4D/DA
R-1A
C-2D
R-2D
R-2D
C-2D/DA
L-OD
L-OD
L-OD/DA
C-1
A
R-3 C2
RUT
A
C2
W Saxton Dr
W Baron Ln
W Baron Ave
W Bunch Ct
W Kerry DrW Kerry St
W Manassas Ln
N Ma
y Ave
N Fa
irfax
Ln
N Bu
llrun
Ln
W Jonathan Dr
W Garden Glen Ln
W Apache Way
W Appomattox Ln
N Br
emer
ton P
l
N Oliver Ave
W Parapet St
N Crew
e Ave
W Rapidan Ln
W Tobi DrW Tobi Ct
W Bluebird Dr
N Rivulet Way N Tri
vium
Ave
SOS15-000091" : 300'
+
Dry Creek Canal
Boise Valley Canal
Gary Lane Site
W State StN
Gary
Ln
R-1C
R-2
C-2D
C-4D/DA
R-1A
C-2D
R-2D
R-2D
C-2D/DA
L-OD
L-OD
L-OD/DA
C-1
A
R-3 C2
RUT
A
C2
W Saxton Dr
W Baron Ln
W Baron Ave
W Bunch Ct
W Kerry DrW Kerry St
W Manassas Ln
N Ma
y Ave
N Fa
irfax
Ln
N Bu
llrun
Ln
W Jonathan Dr
W Garden Glen Ln
W Apache Way
W Appomattox Ln
N Br
emer
ton P
l
N Oliver Ave
W Parapet St
N Crew
e Ave
W Rapidan Ln
W Tobi DrW Tobi Ct
W Bluebird Dr
N Rivulet Way N Tri
vium
Ave
SOS15-000091" : 300'
+
1
PW CONSENT TO VACATE COMMENTS
REV 10/30/12
Date Due: 05/05/15
Transmittal Date: 04/28/15
Tentative Hearing Date: 06/02/15
Subject: Northwest Passage Subdivision
To: Initials
Public Works Jason Taylor Drainage 384-3946 JCT
Public Works Mike Hedge Municipal Lighting 388-4719 MH
Public Works Mike Sheppard Sewer 384-3920 MS Public Works Mike Sheppard Pressure Irrigation 384-3920 MS
Please provide comment within five (5) days of request for comment.
If you would like access to better resolution drawings (i.e., site and landscape drawings) please
refer to: http://pdsonline.cityofboise.org/pdsonline/CaseSearch.aspx by using the case number.
When finished with comments, please type initials below.
Table of Contents
Standard Drainage Conditions Standard Sewer Conditions
Standard Irrigation Conditions Standard Street Light Conditions
2
1. STANDARD DRAINAGE CONDITIONS
REV 2/19/08 a. No comment.
2. STANDARD IRRIGATION CONDITIONS
REV 2/19/08
a. No comment.
3. STANDARD SEWER CONDITIONS
REV 2/19/08 Boise City Sanitary Easement
a. No objection to proposed vacation.
4. STANDARD STREET LIGHT CONDITIONS
REV 2/19/08 a. No comment.
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Finaled/Sent:
050715/kcy