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Z - Findings - UnsignedCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0010 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the to vacate a City of Meridian water and sanitary sewer easement located on Lot 5, Block 1 of Gramercy Subdivision No. 1, by Kent Brown. Case No(s). H-2018-0010 For the City Council Hearing Date of: March 6, 2018 (Findings on the March 20, 2018 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 6, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0010 - 2 - 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the attached Staff Report for the hearing date of March 6, 2018, incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request to be vacate thirty-nine (39) buildable lots and two (2) common lots and associated public utility and common drive easements recorded with Jayker Subdivision No. 1 is hereby approved as evidenced in the attached staff report dated March 6, 2018. D. Attached: Staff Report for the hearing date of March 6, 2018. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0010 - 3 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 2018. COUNCIL PRESIDENT JOE BORTON VOTED_______ COUNCIL VICE PRESIDENT LUKE CAVENER VOTED_______ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_______ COUNCIL MEMBER TY PALMER VOTED_______ COUNCIL MEMBER TREG BERNT VOTED_______ COUNCIL MEMBER GENESIS MILAM VOTED_______ MAYOR TAMMY de WEERD VOTED_______ (TIE BREAKER) Mayor Tammy de Weerd Attest: _______________________________ C.Jay Coles City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:__________________________________ Dated:________________________ City Clerk’s Office Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 1 - STAFF REPORT Hearing Date: February 27, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate Planner (208) 884-5533 SUBJECT: H-2018-0010 – Gramercy (Lot 5, Block 1)Vacation 1. APPLICATION SUMMARY The applicant is requesting approval to vacate a City of Meridian water and sanitary sewer easement located on Lot 5, Block 1 of Gramercy Subdivision No. 1. 2. STAFF RECOMMENDATION Staff recommends approval of the subject vacation application. The Meridian City Council heard this item on June 7, 2011. At the public hearing, the Council approved the subject VAC request. a. Summary of City Council Public Hearing: i. In favor: Kent Brown ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff Recommendation i. None 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2018- 0010, as presented in the staff report for the hearing date on , 2018. Denial After considering all staff, applicant, and public testimony, I move to deny File Number H-2018- 0010, as presented during the hearing on March 6, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant, and public testimony, I move to continue File Number H-2018- 0010 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 2 - 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 1715 S. Wells Avenue, in the NE ¼ of Section 20, Township 3N., Range 1E. B. Applicant: Kent Brown 3161 E. Springwood Drive Meridian, Idaho 83642 C. Owner: R&A Nielson Properties, LLC 2330 Gala St. STE 400 Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information and the application file for the applicable relinquishment approvals. 5. PROCESS FACTS The subject application is a request to vacate a platted easement created with Gramercy Subdivision No. 1. Per Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. The UDC does not require the site to be posted with a public hearing notice sign. A. Newspaper notifications published on: February 9, 2018 B. Radius notices mailed to properties within 300 feet on: February 2, 2018 6. LAND USE A. Existing Land Use(s): This property is a commercial lot, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is primarily developed with commercial businesses, zoned C-G. C. History of Previous Actions:  The property was annexed and zoned as Kenai Subdivision (AZ-06-021), granted preliminary plat as Kenai Subdivision (PP-06-019) and granted final plat as Gramercy Subdivision No.1 (FP-06-048).  In 2017, the property received CZC for Eye Site (A-2017-0108)) approval to construct a 4,577 square foot building on the lot. 7. STAFF ANALYSIS The applicant is requesting approval to vacate a City of Meridian water and sanitary sewer easement located on Lot 5, Block 1 of Gramercy Subdivision No. 1. As noted above, there is a building under construction on the site. With the Certificate of Zoning Compliance, staff required the applicant to vacate the easement. The applicant has received approval from public works department to vacate the easement in question, and abandon the existing utility stubs per Meridian Public Works Standards. Therefore staff recommends approval to vacate easement as proposed. 8. EXHIBITS A. Drawings 1. Vicinity Map 2. Recorded Plat Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 3 - 3. Approved Site Plan Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 4 - A. Drawings 1. Vicinity Map Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 5 - 2. Recorded Plat Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 6 - Gramercy (Lot 5, Block 1) Vacation – H-2018-0010 - 7 - 3. Approved Site Plan