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Home My WebLink AboutRonald Van Auker MI-04-007 BEFORE THE MERIDIAN CITY COUNCIL C/C 9/07/04 IN THE MATTER OF THE APPLICATION FOR AN ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR RONALD VAN AUKER- NORTHEAST CORNER OF FRANKLIN ROAD AND GAUDIANS AVENUE CASE NO. MI-04-007 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code § 12-3-I.B for an Administrative Lot Split of Unplatted Ground for Ronald Van Auker, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner, and Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning Department, dated: Hearing Date: September 7, 2004 to the Mayor and Council, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Ronald W. Van Auker, Developer, is Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner, and Brad Hawkins-Clark, Principal City Planner for the Planning and Zoning Department, dated: Hearing Date: ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR RONALD VAN AUKER (MI-04- 007) Pagelof3 September 7,. 2004 listing five (5) Conditions of Approval, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting ofthree (3) pages, and by this reference incorporated herein. 2. The Record of Survey (ROS) upon which there is contained the certificate and signature of the City Engineer verifying that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKJNGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR RONALD V AN AUKER (MI-04- 007) Page 2 of 3 By action of the City Council at its regular meeting held on the 5+h day Oc.\-obo-- ,2004. of Attest: By: j(L¡\Cl..llJ\ , ð M-J City Clerk's Office Dated: 10-14-0\- ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR RONALD VAN AUKER (MI-04- 007) Page 3 of 3 MAYOR Tammy de Weerd ",-P /'=:~ .~, "-/YLeridlân. ~ IDAHO ¡Y ~ ('~ .YR£^"UAEV CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bini WilliamLM. Nwy Shoun Warnle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Hearing Date: September 7, 2004 To: Mayor and City Council Sonya Allen, Assistant City Planner ¿Ii Brad Hawkins-Clark, Principle City Planner ~ From: Subject: Miscellaneous Application for Ronald W. Van Auker Request to split off a 3.74 acre lot from a 40-acre parcel Staff has reviewed the above referenced subnùttal 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.f. 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 certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council. (Ord. 456, 9-3-1985) EXHIBIT "A" Mayor & City Council Hearing Date: September 7, 2004 Page 2 of 3 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 1,4 mile eastJf N. Eagle Road, in the SW 1,4of 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 & CoG. West: Commercial property (Willey Subdivision), zoned CoG. STAFF ANALYSIS The subject 40-acre parcel is split zoned with CoG on the Franklin Road frontage (to approximately 350 ft. north of Franklin) and I-L on the north. The applicant is proposing the entire 3.74 acre parcel to be zoned CoG. This application does not address the rezone of this parcel. A separate Rezone application is required. MI-04-007 EXHIBIT "A" Van Auker MI. doc Mayor & City Council Hearing Date: September 7, 2004 Page 3 on 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 CoG 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 of the 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 Staff recommends approval ofthis application with the above noted conditions. MI-O4-007 EXHIBIT "A" Van Auker MI.doc