HomeMy WebLinkAboutStaff Comments
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charles M. RoUIJlree
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CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-221\ - Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
Hearing Date: September 7, 2004
To:
Mayor and City Council
Sonya Allen, Assistant City Planner JII.
Brad Hawkins-Clark, Principle City Planner ~
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From:
~,) a 2 2004
Subject:
Miscellaneous Application for Ronald W. Van Auker
Of llkrí di an
Cb.'k Offic'é
Request to split off a 3.74 acre lot from a 40-acre parcel
Staff has reviewed the above referenced submittal and offers the following comments.
APPLICATION SUMMARY & BACKGROUND
The applicant, Ronald W. Van Auker, has submitted a Miscellaneous Application (MI)
requesting to split off a 3.74 acre parcel from a 40-acre parcel.
A detailed site plan has been submitted showing how the 3.74 acre parcel will develop. The
applicant is proposing a single retail/warehouse building consisting of 50,045 s.f. (retail,
33,282 s.£. and warehouse, 15,919 s.f.) and 187 parking spaces.
In June, 2004, the Planning & Zoning Department established a new policy and procedure
regarding re-subdivisions. This decision was based on MCC 12-3-1.B. which states the
following:
Re-Subdivision: Notwithstanding the defInition of "subdivision" contained in Section
11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is
located in an existing subdivision which has been previously recorded and the required
improvements made thereon, he may do so without going through the entire platting
procedure required by this Title. He shall, however, submit an application for re-
subdivision showing the existing lot and how the lot is proposed to be re-subdivided.
The City shall then determine what requirements of this Title shall be complied with
by the applicant. The City may require full compliance if deemed necessary. The
provisions of this subsection pertaining to the reduction in platting requirements of
Mayor & City Council
Hearing Date: September 7,2004
Page 200
certain parcels may apply to previously unplatted and unsubdivided ground upon
application to the City Council. (Ord. 456, 9-3-1985)
The Planning Director, City Engineer, and City Attorney determined that this ordinance
allows property owners to request a re-subdivision of property if the proposed division meets
the following criteria:
1.
If the property is within a recorded subdivision, a Lot Line Adjustment
application must be submitted and may be approved at staff level.
If the property is unplatted, a Miscellaneous application must be submitted and
heard by the City Council. If the Miscellaneous application is approved by City
Council, a Lot Line Adjustment application must be submitted.
For either platted or unplatted land, the applicant must provide drawings that
show a) the existing parcel and the proposed split, b) any and all existing and
proposed improvements within or adjoining the property, c) proposed sewer
connection and profiles, and d) any other information deemed as appropriate or
necessary by the City Engineer and/or Planning Director.
Both parcels that result from the split must meet the minimum yard
requirements of the applicable zone per MCC 11-9-1.
Applications for re-subdivisions of property will only be considered for
property zoned as commercial and/or industrial. Residentially zoned land is not
eligible. Properties would be limited to a one-time split under these provisions.
Platting requirements for condominium plats may also be considered under
these provisions where the condominium plat only affects ownership and does
not result in additional development of the property.
2.
3.
4.
5.
6.
LOCATION & SURROUNDING PROPERTIES
The property is located on the north side of E. Franklin Road, approximately IA mile easDf N.
Eagle Road, in the SW V40f Section 9, T.3N., R.lE.
North: Industrial property, zoned I-L.
South: Limited Office (Touchmark Living Center), zoned L-O.
East: Undeveloped commercial & industrial zoned property, zoned I-L & C-G.
West: Commercial property (Willey Subdivision), zoned C-G.
STAFF ANALYSIS
The subject 40-acre parcel is split zoned with C-G on the Franklin Road frontage (to
approximately 350 ft. north of Franklin) and I-L on the north. The applicant is proposing the
MI-O4-007
Van AukerMI.doc
Mayor & City Council
Hearing Date: September 7, 2004
Page 3 of3
entire 3.74 acre parcel to be zoned C-G. This application does not address the rezone ofthis
parcel. A separate Rezone application is required.
The applicant meets the above stated requirements for re-subdivision. Sewer and water services
are adjacent to the property in N. Gaudians Avenue and extend east within existing recorded
easements on the northern portion of the 40-acre parcel. A Lot Line Adjustment application has
already been submitted for this property.
Staff has confirmed that the two parcels created by this division meet the minimum standards
for the C-G zone.
CONDITIONS OF APPROVAL
1.
2.
Applicant must comply with all subdivision improvements as required by MCC 12-5-2.
Applicant shall comply with all improvements as required by Ada County Highway
District.
Applicant shall submit a recorded copy of the Record of Survey signed by the City
Engineer prior to Certificate of Zoning Compliance issuance.
Applicant must submit a recorded cross-access agreement between parcels I & 2 ofthe
Record of Survey dated 7/22/04 by Treasure Valley Engineers with the Lot Line
Adjustment Application.
The applicant has committed to making the subject split parcel a lot in a future
subdivision. Such subdivision application shall be submitted to the Planning and Zoning
Department and accepted for processing prior to issuance of a Certificate of Occupancy.
3.
4.
5.
RECOMMENDATION
MI-O4-007
Staff recommends approval of this application with the above noted conditions.
Van AukerMI.doc