CC - Staff ReportShops at Victory Vacation – H-2016-0017 - 1 -
STAFF REPORT
Hearing Date: March 15, 2016
TO: Mayor and City Council
FROM: Josh Beach, Associate Planner
(208) 884-5533
SUBJECT: H-2016-0017 – Shops at Victory Vacation
1. APPLICATION SUMMARY
The applicant is requesting approval to vacate a portion of 10-foot wide public utility easement
located on the northwest corner boundary of Lot 3 of Golden Eagle Estates. The easement is 10-feet
wide and covers approximately 0.037 acres of land. The request for vacation is desired because the
applicant plans to construct a portion of the building as well as parking facilities directly over the
existing utility easement.
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-2016-
0017, as presented in the staff report for the hearing date on March 15, 2016.
Denial
After considering all staff, applicant, and public testimony, I move to deny File Number H-2016-
0017, as presented during the hearing on March 15, 2016, 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-2016-
0017 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 3210 S. Eagle Road in the NW ¼ of Section 28, Township 3 North, Range 1
East. (Parcel #: S1128223210)
B. Applicant (s):
White-Leasure Development Company
8385 W. Emerald Street
Boise, Idaho 83704
C. Owner:
WL Victory Crossing, LLC
8385 W. Emerald Street
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Boise, Idaho 83704
D. Representative:
The Land Group, Inc.
462 E. Shore Drive, Suite #100
Eagle, Idaho 83616
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 a portion of a platted easement. 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 22, and March 7, 2016
B. Radius notices mailed to properties within 300 feet on: February 18, 2016
6. LAND USE
A. Existing Land Use(s): This property is currently being developed with a Rite Aid, zoned C-C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is
primarily developed with single family residences, zoned R-8, R-4 and RUT in Ada County.
C. History of Previous Actions:
• This property received preliminary plat (PP-08-006) and conditional use permit (CUP-08-
011) approval from City Council on September 9, 2008.
• On October 9, 2009 a property boundary adjustment PBA-09-010) was approved for Golden
Eagle Estates Lots 1, 2, and 4.
• An 18-month time extension (TE-10-009) on the preliminary plat was approved by the
Director on March 8, 2010.
• A 2-year time extension (TEC-11-006) was approved by City Council in 2011.
• Another 2-year time extension (TEC-13-006) was approved by City Council in 2013.
• A 1-year time extension (TEC-15-004) was approved by City Council on September 15, 2015
and will expire on September 9, 2016.
• A Certificate of Zoning Compliance and Design Review were approved for a Rite-Aid
pharmacy on December 21, 2015 (H-2015-0061).
7. STAFF ANALYSIS
The applicant requests approval to vacate a portion of the 10-foot wide public utility easement located
on the northwest corner boundary of Lot 3 of Golden Eagle Estates. A concept plan was approved
with the annexation of the property in 2008 (Instrument # 111032845). This concept plan shows that a
building pad site lies directly over the easement in question. The applicant is requesting this vacation
of the public utility easement for the purpose of constructing a future commercial building on the site
as depicted on the approved concept plan (See Exhibit A.4).
The applicant has received approval from all of the applicable public utilities (Idaho Power, Century
Link, Cable One, Intermountain Gas, Nampa-Meridian Irrigation District and Boise Project) to vacate
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the easement.
Staff recommends approval as proposed by the applicant in accord the legal description and exhibit
map attached as Exhibit A.3.
8. EXHIBITS
A. Drawings
1. Vicinity Map
2. Recorded Record of Survey (ROS 8935)
3. Legal Description and Exhibit Map Depicting the Easement to be Vacated
4. Approved Concept Plan
5. Recorded Plat
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A. Drawings
1. Vicinity Map
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2. Recorded Record of Survey (ROS 8935)
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3. Legal Description and Exhibit Map Depicting the Utility Easement to be Vacated
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4. Approved Concept Plan
General Location
of Easement
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5. Recorded Plat