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CC - Staff ReportJackson Headquarters Vacation – H-2015-0028 - 1 - STAFF REPORT Hearing Date: December 15, 2015 TO: Mayor and City Council FROM: Joshua Beach, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager (208) 888-2711 SUBJECT: H-2015-0028 – Jackson Headquarters Vacation 1. APPLICATION SUMMARY The applicant, B&A Engineers, Inc. is requesting to vacate a portion (10’X 135’ area) of the 10-foot wide public utility, drainage and irrigation (PUDI) easement, 5 feet of which is along the east boundary of Lot 3, Block 2, and 5 feet of which is along the western boundary of Lot 4, Block 2 of the platted Commerce Park Subdivision. 2. STAFF RECOMMENDATION Staff recommends approval of the subject vacation application. 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2015- 0028, as presented in the staff report for the hearing date on December 15, 2015. Denial After considering all staff, applicant, and public testimony, I move to deny File Number H-2015- 0028, as presented during the hearing on December 15, 2015, 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-2015- 0028 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 3410 and 3500 W. Commercial Court, near the north east corner of N. Eagle Road and E. Pine Ave. B. Owner(s): Jacksons Food Stores, Inc. 3450 W. Commercial Ct. Meridian, ID 83614 Jackson Headquarters Vacation – H-2015-0028 - 2 - C. Applicant: David Crawford-B&A Engineers, Inc. 5505 W. Franklin Rd. Boise, ID 83705 D. Representative: Same as applicant E. 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 platted easements. 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: November 23, 2015 and December 7, 2015 B. Radius notices mailed to properties within 300 feet on: November 19, 2015 6. LAND USE A. Existing Land Use(s): This property is currently developed with a commercial office and warehouse facility, zoned I-L. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is developed with industrial uses to the south, west and east, as well as a vacant property to the northwest that is zoned C-G. C. History of Previous Actions: In 1999, the property was annexed into the city (AZ-99-011) and received CUP approval (CUP-99-020) concurrently for a conditional use permit for a planned unit development that allowed the construction of an office building on approximately 2 acres of land in the I-L zoning district. The portion of easement proposed for vacation was created with the recordation of the plat. There is currently an application for CZC and Design Review (A-2015-0059) for this project. The proposed project will require the subject vacation to be approved in order to move forward. 7. AGENCY COMMENTS MEETING No comments were received by the Planning Division from other City departments for the subject application. 8. STAFF ANALYSIS The applicant requests to vacate a portion (10’X 135’ area) of the 10-foot wide public utility, drainage and irrigation (PUDI) easement, 5 feet of which is along the east boundary of Lot 3, Block 2, and 5 feet of which is along the western boundary of Lot 4, Block 2 of the platted Commerce Park Subdivision. Approval of the subject vacation application will remove a portion of the PUDI easement and allow the applicant to submit for a building permit to construct an addition to the existing office building. The public utilities, Idaho Power, Cable One, and Intermountain Gas have provided statements of consent to vacate the subject easement. Centurylink, however, has not provided any statement on the easement. The Nampa Meridian Irrigation District has stated they have no irrigation facilities that it owns or operates in the easement area. Prior to the City Council hearing, staff has directed the Jackson Headquarters Vacation – H-2015-0028 - 3 - applicant to provide evidence that Centurylink is willing to relinquish their interest in the subject utility easement. Staff recommends approval of vacating the easements as proposed in Exhibit A.2. 9. EXHIBITS A. Drawings 1. Vicinity Map 2. Existing PUDI Easement to be Vacated 3. Letters from the Utility Companies Jackson Headquarters Vacation – H-2015-0028 - 4 - A. Drawings 1. Vicinity Map Jackson Headquarters Vacation – H-2015-0028 - 5 - 2. Existing PUDI Easement to be Vacated Jackson Headquarters Vacation – H-2015-0028 - 6 - Jackson Headquarters Vacation – H-2015-0028 - 7 - 3. Letters from the utility companies Jackson Headquarters Vacation – H-2015-0028 - 8 - Jackson Headquarters Vacation – H-2015-0028 - 9 - Jackson Headquarters Vacation – H-2015-0028 - 10 -