SOS ; State of Idaho, Consent to Partially Vacate Public Alley Rightof-Way at 611 North 6 th Street

Transcription

1 MEMORANDUM TO: FROM: Mayor and City Council David Abo, AICP Subdivision Review Analyst Boise City Planning and Development Services DATE: November 6, 2012 RE: SOS ; State of Idaho, Consent to Partially Vacate Public Alley Rightof-Way at 611 North 6 th Street The following application has been scheduled for hearing by the Council on November 13, Request consent to vacate 1,600 square feet (16 feet x 100 feet) of public alley Right-of-Way (R- O-W) located on the west side of North 6 th Street between West Franklin Street and West Washington Street. The Boise City Subdivision Staff is recommending that the Boise City Council grant consent to vacate the public alley R-O-W subject to Conditions of Approval. Table of Contents Staff Report Page 2 Request Page 2 Background Page 2 Applicable Law Page 3 Analysis Page 3 Staff Recommendation Page 3 Condition of Approval Maps Page 4 Vicinity Map Page 5 Plat of Boise City Original Townsite Plat Page 6 Aerial Map Page 7 Survey of Property showing State Property and alley Page 8 Site Plan showing proposed parking structure location Attachments Page 9 Applicant s Letter, September 28, 2012 Page 10 Ordinance 2488, Vacation portion of alley in Block 96, June 12, 1961 Page 12 Boise City Public Works Comments, October 16,

2 SOS / State of Idaho / Consent for Partial Public Right-of-Way Vacation Boise City Council / November 13, 2012 Vacation Staff Report Request Consent to partially vacate public street R-O-W File Number SOS Applicant State of Idaho Lead Agency Boise City Right-Of-Way Public Alley Comp. Plan Complies Public Hearing Date November 13, 2012 Heard by Boise City Council Staff David Abo, AICP Request: The applicant, the State of Idaho, requests consent to vacate 1,600 square feet of public alley Right-of-Way (R-O-W) located on the west side of North 6 th Street. The area is currently used as a service drive in a parking lot. Background: The public alley R-O-W was platted as part of Block 96 in the Boise City Original Townsite (B.C.O.T) Subdivision in In 1882, the Central School was established on Parcel A. On June 12, 1961, the Boise City Council vacated the public alley between Lots 1-4 and Lots 7-10 of Block 96. The Boise School District closed the school in 1972 and the school site was sold to the State of Idaho in At that time the State demolished the school and established a parking lot. The State acquired three additional parcels in 1992 and constructed parking lots on those properties. Those properties are show as Parcels B and C as shown on the survey provided by the applicant (see attached). The applicant is requesting the vacation of the remaining 100 feet of the public alley R-O-W to allow construction of a new parking structure. The application for the parking structure will be submitted for review in November Applicable Law: Ada County Highway District Policy Manual 4002 VACATION AND ABANDONMENT OF PUBLIC RIGHTS-OF-WAY All vacations and abandonments will comply with the requirements of Idaho Code Title 40, Chapter 2, Section 203 Idaho Code, Section

3 SOS / State of Idaho / Consent for Partial Public Right-of-Way Vacation Boise City Council / November 13, 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: Idaho Code, Section *** (5) The highway district has the power to receive highway petitions and layout, alter, create and abandon and vacate public highways and public rights-of-way within their respective districts under the provisions of Sections , and A, Idaho Code. *** Idaho Code, Section A VACATION OF PLATS -- PROCEDURE. *** (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. Analysis: The request for the consent to vacate this portion of public alley is necessary to allow the applicant to construct a new parking structure. The applicant explains in their letter the reasons for requesting the vacation (see attached). Currently, the alley functions as a service drive for the existing parking lot. The Boise City Public Works Department states that there is an existing sewer easement in the the alley. The applicant plans to relocate the sewer and utilities and easement for 605 West Franklin Street onto the State owner property on Parcel C at the State s expense. Staff did not receive any agency comments in opposition to the consent to vacate request. Recommendation: Staff has reviewed the request and recommends the Boise City Council grant their consent to vacate that portion of the public alley R-O-W as described in SOS subject to the recommended condition of approval. Condition of Approval: 1. Prior to vacation of the public alley, the sewer easement and utilities and easement(s) for the property at 605 West Franklin Street shall be relocated by the State of Idaho in a new easement or easements across the State of Idaho property at the State s expense. 3

4 4

5 5

6 6

7 7

8 8

9 9

10 10

11 11

12 Table of Contents Standard Drainage Conditions Standard Irrigation Conditions Standard Sewer Conditions Standard Street Light Conditions PW CONSENT TO VACATE COMMENTS REV 9/21/12 Date Due: 10/16/2012 Transmittal Date: 10/08/2012 Tentative Hearing Date: 10/30/2012 Subject: Public alley Capitol mall parking garage When finished with comments, please type initials below. To: Initials Public Works Rob Bousfield Drainage RJB Public Works Mike Hedge Municipal Lighting MH Public Works Mike Sheppard Sewer MS Public Works Kent Johnson Pressure Irrigation KAJ 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: by using the case number. 12

13 1. STANDARD DRAINAGE CONDITIONS a. No comment. REV 2/19/08 2. STANDARD IRRIGATION CONDITIONS REV 2/19/08 a. No comment. 3. STANDARD SEWER CONDITIONS REV 2/19/08 Boise City Sanitary Easement Boise City Sanitary Easement Boise City sanitary sewer exists within the proposed vacation. Retain a Boise City sanitary sewer easement 17 feet wide. Special Conditions: If sewer main is to be relocated provide a 17 wide Boise City sewer easement. 4. STANDARD STREET LIGHT CONDITIONS a. No comment. REV 2/19/08 13