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'

+

kallphin

Rectangle

kallphin

Rectangle

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