Subdivision Staff Report

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Junior Fleming
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Subdivision Staff Report Request Consent to vacate public alley Right-of-Way File Number SOS09-00006 Applicant Gran-Del Petroleum Products, Inc Lead Agency Boise City Alley Public Alley Right-Of-Way

1 Subdivision Staff Report Request Consent to vacate public alley Right-of-Way File Number SOS Applicant Gran-Del Petroleum Products, Inc Lead Agency Boise City Alley Public Alley Right-Of-Way Comp. Plan Complies Public Hearing Date June 16, 2009 Heard by Boise City Council Staff David Abo, AICP Request: The applicant, Gran-Del Petroleum Products, Inc., requests Boise City s consent to vacate 1,272 feet of public alley right-of-way. Location: The alley is located south of Malad Street and north of Victory Road east of the Union Pacific Railroad. Background: The Peterson s Subdivision was recorded on February 24, The west boundary of the subdivision was a 16 foot public alley that provided access to 12 lots. On October 4, 1950, the Board of County Commissioners vacated all the lots in the Peterson s Subdivision except for the alley. In 1951, the north 684 feet of the property east of the alley was developed as part of Grant Truck Stop. The owner constructed five buildings within the alley right-of-way in the 1950 s. Applicable Law: Idaho Code, Section ABANDONMENT AND VACATION OF COUNTY AND HIGHWAY DISTRICT SYSTEM HIGHWAYS OR PUBLIC RIGHTS-OF-WAY. (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

2 SOS / Boise City / Consent for Public Right-of-Way Vacation Boise City Council / June 16, 2009 Page 2 of 3 highway or public right-of-way 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 right-of-way 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 rights-of-way are located within the boundary of a highway district, the highway district commissioners shall assume the authority to vacate said public streets and public rights-of-way as provided in subsection (4) of this Section. Analysis: The applicant s family has been in business on this site for the last 58 years and wants to expand their headquarters building. As stated previously, five accessory buildings on the applicant s property were constructed within the alley right-of-way in the 1950 s. The City of Boise is requiring that the problem with the buildings in the right-of-way be resolved prior to issuance of any new building permits. The applicant is requesting to vacate the alley right-of-way. The alley has not functioned as an alley for almost 60 years. The original plat that had lots backing onto the alley was vacated in The site has been in use as a truck stop since the

3 SOS / Boise City / Consent for Public Right-of-Way Vacation Boise City Council / June 16, 2009 Page 3 of s. The applicant plans to continue use of the site and will be constructing improvements but needs to vacate the alley that abuts their property. There are three other owners that abut the alley. The north 812 feet of the alley on the west side is a storage facility that is fenced around the perimeter. The only access to this site is through a gate from Malad Street. The applicant owns the property on the west side of the south 448 of the alley. The south 602 feet of the alley on the east side is another storage facility. This property is also fence except for the only access from Victory Road. Since both facilities are storage facilities with secured perimeters, they do not depend on access from the alley. The third owner is Intermountain Gas. They own 281 square feet on the west side of the alley between two parcels owned by the applicant located 70 feet north of Victory Road. The alley does not physically connect to Victory Road to the south because there is a grade differential of eight feet between the alley and Victory Road (see photo). The only access to the Intermountain Gas property is from the Gran-Del property which is 555 feet to the north (see photo). Staff recommends that the applicant grant an access easement to Intermountain Gas to Federal Way. Staff did not receive any comments from any agency. Recommendation: Staff has reviewed the request and recommends the Boise City Council grant their consent to vacate the public alley right-of-way as shown on the attached survey subject to the following conditions of approval: 1. The applicant shall record an access easement to Intermountain Gas from the Intermountain Gas property through the Gran-Del property to Federal Way. 2. Any improvements to the existing buildings located along the west property line shall comply with building code requirements for fire separation construction due to the location of the buildings to the property line. Attachments: Vicinity Map Applicant s Letter of May 7, 2009 Survey of right-of-way vacation Aerial Map Plat of Peterson s Subdivision Photo of alley terminating at Victory Road Photo of access to Intermountain Gas

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

SOS ; State of Idaho, Consent to Partially Vacate Public Alley Rightof-Way at 611 North 6 th Street MEMORANDUM TO: FROM: Mayor and City Council David Abo, AICP Subdivision Review Analyst Boise City Planning and Development Services DATE: November 6, 2012 RE: SOS12-00013; State of Idaho, Consent to Partially