The following application has been scheduled for hearing by the Council on July 19, 2011:

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1 MEMORANDUM TO: FROM: Mayor and City Council David Abo, AICP Chief Subdivision Review Analyst Boise City Planning and Development Services DATE: July 12, 2011 RE: SOS ; Partial Street Vacation, Mark Guho The following application has been scheduled for hearing by the Council on July 19, 2011: SOS Request to partially vacate public street right-of-way for Jefferson Street between North Avenue B and North Avenue C. *** The Boise City Subdivision Staff is recommending that the Boise City Council grant consent to the partial vacation of Jefferson Street subject to Conditions of Approval. Table of Contents Staff Report Page 2 Request Page 2 Background Page 3 Applicable Law Page 3 Analysis Page 4 Recommendation Page 4 Conditions of Approval Maps Page 5 Vicinity Map Page 6 Survey of Vacation Page 7 Aerial Photo Page 8 Plat of John Krall s Addition Page 9 Site Plan of Jefferson Medical Office Plaza Attachments Page 10 Applicant s Letter, July 11, 2011 Page 12 Section View of Building Page 13 Boise City Public Works Page 14 Boise City Fire Department 1

2 SOS / Mark Guho / Consent for Partial Public Street Right-of-Way Vacation Boise City Council / July 19, 2011 Vacation Staff Report Request Consent to partially vacate public street Right-of-Way File Number SOS Applicant Mark Guho Lead Agency Boise City Street South side of Jefferson Street Comp. Plan Does Comply Public Hearing Date July 19, 2011 Heard by Boise City Council Staff David Abo, AICP Request: The applicant, Mark Guho, requests Boise City s consent to partially vacate four feet of width of the public street right-of-way on the south side of Jefferson Street for feet between North Avenue B and North Avenue C. Background: Jefferson Street was originally platted with the John Kralls Addition Subdivision in The original right-of-way was 80 feet in width. Today the right-of-way is 80 feet wide with the south half is 40 feet wide. The width of the pavement from centerline to back of curb on the south half of Jefferson Street is approximately 20 feet wide with a 14 foot wide landscape strip and a 6 foot detached sidewalk. On August 11, 2009, the Boise City Council granted consent to vacate (SOS ) a four foot wide portion of the alley located in Block 8 of the John Krall s Addition Subdivision subject to a condition of approval that the alley remain two-way or work with the adjacent land owner to provide an entrance off Avenue B onto the adjacent land owner s parking lot at the applicant s expense. The alley abuts the south portion of the development site. Also the Boise City Planning and Zoning Commission granted a variance (CVA ) which included a reduced street setback from 20 feet to 15 feet for the structure and reduced setback to one foot for underground parking along Jefferson Street. After meetings with the adjacent property owner and ACHD, the applicant determined that consensus on the alley vacation would not be achievable and an alternate solution would be to request consent to vacate a portion of Jefferson Street. As in 2009, the applicant needs the additional four feet to accommodate the design of the building for the parking garage layout. If a portion of Jefferson Street can be vacated, the building footprint would shift four feet toward Jefferson Street and the encroachments of the underground parking would be the same as the variance approval in If the vacation is approved, a new variance must be approved in addition to a conditional use. 2

3 SOS / Mark Guho / Consent for Partial Public Street Right-of-Way Vacation Boise City Council / July 19, 2011 The applicant is also proposing to dedicate additional land on the east end of the alley as part of a Right-of-Way exchange with ACHD so that the entire width of the alley will be 16 feet. Currently, the east end of the alley is 12 feet in width and the west end of the alley is 16 feet in width. Applicable Law: 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 is applying for consent to partially vacate four feet of the south side of Jefferson Street rather than reduce the width of the alley. The four feet is necessary to accommodate the building footprint that was approved in 2009 with variance CVA The current pavement width of Jefferson Street is approximately 40 feet. The partial vacation of Jefferson Street Right-Of-Way will not alter the existing pavement width. If the vacation is approved, the existing sidewalk will be moved and replaced with a new six foot wide detached sidewalk and the existing landscape strip of 14 feet between the sidewalk and back of curb will be reduced by four feet. 3

4 SOS / Mark Guho / Consent for Partial Public Street Right-of-Way Vacation Boise City Council / July 19, 2011 If the City Council grants the consent to vacate a portion of Jefferson Street, the applicant has agreed to forego the prior approval of the alley vacation under SOS Also the east end of the alley will be widened to 16 so the width of the alley will be 16 feet wide between Avenue B and Avenue C. Recommendation: Staff has reviewed the request and recommends the Boise City Council grant their consent to partially vacate the public street right-of-way as shown on the attached survey subject to Conditions of Approval. Conditions of Approval 1. Prior to application to the Ada County Highway District, the conditional use permit and variance based on the new location of the Jefferson Street right-of-way line shall be approved by the City of Boise. 2. Approval of the partial vacation of the alley under SOS is rescinded. 3. Dedicate four feet of the east 110 feet of the property to widen alley to 16 feet. 4

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10 July 11, 2011 Boise City Council 150 N. Capital Blvd Boise, ID Attn: Boise City Planning and Development Services Re: 305 E. Jefferson Medical Office Building Jefferson Street ROW Vacation (see also SOS ) Dear City Council: We are pleased to submit the enclosed application requesting vacation of a portion of the Jefferson Street public right-of-way which fronts the 305 Jefferson project. This application represents the culmination of several meetings with ACHD and discussions with Boise City staff. Prior Applications: The 305 Jefferson project has been presented to the City Planning & Zoning and Council on previous occasions for various entitlement approvals. As you recall, a prior right-of-way vacation was approved (refer to file SOS ) in At that time, the project requested to vacate 4-ft of existing public right-of-way from a portion of the alley bordering the south side of the project. This application was approved by Boise City in August 2009 with one condition, which we believed could be achieved. Since that time, we have worked with ACHD and the landowners on the opposite side of the alley to complete the vacation process. Ultimately, we have concluded that consensus on this vacation will not be achievable. Fortunately, our discussions with all parties have led us to an alternative solution, as represented by the enclosed application. With City approval of this alternative, 305 Jefferson would forego the prior approval under SOS Background: The alley which was the subject of the prior application was dedicated as public right-of-way by the plat of John Krall s addition in The original alley width was 12-ft. Because of above-ground utilities within the alley (power lines, etc), the actual clear width of the alley today is approximately The westerly end of the alley was increased in width to 16-ft by the dedication of 4-ft to ACHD during a condominium plat in Other than this westerly portion, the balance of the alley remains its original 12-ft width. 10

11 The 2009 application approved by Boise City resulted in vacation of the 4-ft dedicated by the condominium plat, restoring the alley to a consistent 12-ft width throughout. Both ACHD and Boise City recognized that a 12-ft alley was substandard, and provided input to whether the alley should remain open to uncontrolled two-way traffic, or become restricted to one-way either east- or west-bound. Current Application: Discussions with ACHD staff during the process of completing the vacation approved by Boise City and particularly as it relates to the two-way or one-way traffic pattern, and neighbor consents brought forth an alternative option. It was suggested that 4-feet be vacated from the south side of the Jefferson Street right-ofway rather than from the alley. If this were approved, the 305 Jefferson building could be shifted to the north by these 4-ft. We agree that this alternative is advantageous for several reasons. The existing Jefferson St right-of-way is 40-ft wide as measured from centerline, and 80-ft wide overall. This width exceeds current ACHD standards, and vacating 4-ft will not reduce its width below current policy. The width of the existing travelway road surface, curbs, sidewalks, etc - is not affected. The 305 Jefferson building can be constructed to what we feel is the optimal width for the underground parking, which likely would have had to be reduced if right-of-way vacation cannot be achieved. The development would dedicate an additional 4-ft of right-of-way at the eastern portion of the alley, which is currently 12-ft wide. This dedication widens the alley so that the entire length is 16-ft. The land area dedicated would be offset by the 4-ft vacated from Jefferson St, with no overall increase or decrease to the size of that parcel. The developer has previously committed to relocating underground the utilities that impair the existing alley, so the entire 16-ft resulting width would be available. While the decision regarding one-way or two-way traffic remains fully the responsibility of ACHD, we feel that a 16-ft clear width would be more likely to remain two-way. We feel this application provides a compromise solution all stakeholders can accept. The vacation of Jefferson Street as proposed has been discussed with ACHD and a formal application to vacate the right-of-way following their procedures will be submitted for near-concurrent processing with the Boise City process. Sincerely, Jason Densmer, PE Principal Civil Engineer The Land Group, Inc. 11

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13 Table of Contents Standard Drainage Conditions Standard Irrigation Conditions Standard Sewer Conditions Standard Street Light Conditions PW CONSENT TO VACATE COMMENTS REV 2/19/08 Date Due: 06/24/2011 Transmittal Date: 06/17/2011 Tentative Hearing Date: 06/19/2011 Subject: SOS Request to vacate four feet along the East Jefferson Street frontage Location: On the south side of Jefferson Street, Between Avenue "B" and "C" Applicant: Mark Guho, 391 W State Street #G, Eagle, Id To: Initials When finished with comments, please type initials below. Public Works Terry Records Drainage TCR Public Works Terry Records Municipal Lighting TCR Public Works Mike Sheppard Sewer MS Public Works Kent Johnson Pressure Irrigation KAJ Please provide comment within five (5) days of request for comment. 1. STANDARD DRAINAGE CONDITIONS a. No comment. REV 2/19/08 2. STANDARD IRRIGATION CONDITIONS REV 2/19/08 a. No comment. 3. STANDARD SEWER CONDITIONS REV 2/19/08 Boise City Sanitary Easement a. No objection to proposed vacation. 4. STANDARD STREET LIGHT CONDITIONS a. No comment. REV 2/19/08 Finaled/Sent: TM 06/24/

14 BOISE FIRE DEPARTMENT M E M O R A N D U M TO: FROM: Vicki DeScalfani PDS, Subdivisions Ron Amandus SUBJECT: ROW Vacation Jefferson Medical Office Building; SOS E Jefferson Street DATE: June 21, 2011 The Fire Department approves this Request to Vacate Easement. We have no objection to the plat being finalized or to building construction permits being processed. It is impractical to identify specific water supply and site access requirements without knowing specific building configurations. Therefore, Fire agrees to issue this Satisfaction Memo with the understanding that water supply and site access requirements will be addressed during the Building Permit process for any future buildings. Please note that the final acceptance of actual construction of fire hydrants and any unfinished or temporary features is not possible at this time. In the interest of customer service however the fire department will issue this approval. Specific items that may not be approved include, but are not limited to, temporary street signs; temporary access roads; actual building construction type and area; and hydrant depth and clearance as may be affected by landscaping, sign post, or other obstructions yet to occur. The fire department shall not be responsible for any additional requirements made necessary by alterations in the site, which occur after this approval. Conversely, contractor(s) who make any changes to the site after this inspection which result in a non-compliant situation shall be responsible for correcting the matter. Variables that may drive further requirements include, but are not limited to, building construction type; building area; occupancy classification; changes to approved plans, conditions, or applications; changes made to the site after this inspection; changes to finished landscaping which affect fire hydrant depth; or any information that may not have been clearly or completely documented during plan review or inspection. Please note that this approval applies only to the Request to Vacate Easement. The requirements of other City departments, codes, permits, and ordinances (including the IFC) may not yet be completely satisfied. cc: File 14