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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 Shops at Victory Vacation – H-2016-0017 - 2 - 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 Shops at Victory Vacation – H-2016-0017 - 3 - 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 Shops at Victory Vacation – H-2016-0017 - 4 - A. Drawings 1. Vicinity Map Shops at Victory Vacation – H-2016-0017 - 5 - 2. Recorded Record of Survey (ROS 8935) Shops at Victory Vacation – H-2016-0017 - 6 - 3. Legal Description and Exhibit Map Depicting the Utility Easement to be Vacated Shops at Victory Vacation – H-2016-0017 - 7 - Shops at Victory Vacation – H-2016-0017 - 8 - 4. Approved Concept Plan General Location of Easement Shops at Victory Vacation – H-2016-0017 - 9 - 5. Recorded Plat