Staff Comments
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Shaun Wardle
Charles M. Rountree
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MAYOR
Tammy de Weerd
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IDAHO
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
Hearing ~~tCE tVE D
Mayor and City Council OCT 0 4 2004
Sonya Allen, Assistant City Planner JII. . OEM . .
City endian
Miscellaneous Application for Joe Pachner, Toothman-OrtonCi&g~~~~ce
Co. (owner Helen Rowley)
To:
From:
Subject:
Request for a Reduction in Platting Requirements to Divide a 3.44 Acre Parcel
into Two Parcels (MI-O4-002).
Staff has reviewed the above referenced submittal and offers the following comments.
APPLICATION SUMMARY & LOCATION
The applicant, Joe Pachner, Toothman-Orton Engineering Co., has submitted a Miscellaneous
Application (MI) requesting a reduction in platting requirements to divide a 3.44 acre parcel
into two parcels. The subject parcel is split zoned I-L (Light Industrial) and C-G (General
Retail and Service Commercial) and is not part of a recorded subdivision. The C-G portion of
the parcel is adjacent to W. Franklin Road.
The subject property is located at 850 W. Franklin Road, on the north side of Franklin,
midway between Meridian and Linder Road.
The owner of the property is Helen Rowley and she has provided notarized consent for the
division of her property.
A site plan has been submitted showing how the 3.44 acre parcel will be divided. The back
portion of the parcel is located in an I-L (Light Industrial) zone, which has no minimum lot
area or street frontage requirements. Future development must comply with MCC llc9-1
regarding building setbacks, lot coverage, and height restrictions.
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:
Mayor & City Council
Hearing Date: October 5, 2004
Page 2 oD
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
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.
s.
6.
STAFF ANALYSIS
The applicant meets the above stated requirements for re-subdivision. Sewer and water services
will need to be extended ITom W. Franklin Road to the rear parcel prior to development of that
parcel. A Lot Line Adjustment application will be required to be submitted for this property
after approval of this application.
MI-04-009
Pachner MI.doc
Mayor & City Council
Hearing Date: October 5, 2004
Page 3 of3
This is the second request that staff has brought before the City Council regarding a "lot split"
for unplatted property. The previous applicant committed to include both properties in a
subdivision application prior to issuance of a Certificate of Occupancy. This applicant has not
made that commitment. Should Council wish to add that as a condition of approval, the
following language should be added as Condition #5:
"The applicant shall make the subject split parcel a lot in a jùture 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. "
Staff was not able to discuss this condition of approval with the applicant prior to filing the staff
report with the Clerk's Office.
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.
A cross-access agreement between the two proposed parcels is required to be submitted
with the Lot Line Adjustment application since the back parcel does not have street
ITontage.
3.
4.
RECOMMENDATION
Staff recommends approval of this application with the above noted conditions.
MI-O4-009
Pachner MI.doc