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HomeMy WebLinkAboutStaff Comments MAYOR Tammy de Weercl Å o(,G;;di~\ IDAHO . J¡ ~ .y ~ .. T!UW;- V ~' CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 898-9551 CITY COUNCIL MEMBERS Keith Bild Christine Donnell Shaun Waldie Cha,les M. Rountree LEGAL DEPARTMENT (208)466-9272 - FAX 466-4405 MEMORANDUM: Hearing Date: November 9, 2004 To: Mayor aDd City Council I .. "'" Sonya A len, ASSlstaot City Planner 0 Anna Borchers Canning, Planning Director RECEIVED From: Nay 0 5 2004 Subject: Miscellaneous Application City Of Meridian City Clerk Office Request for a Reduction in Platting Requirements to Divide a 12.74Acre Parcel into Two Parcels (MI-04-015) at 1127 E. Pine Ave. by Montague-Sauriol, LLC. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & LOCATION The applicaDt, Montague-Sauriol, LLC, has submitted a MiscellaDeous Application (MI) requesting a reduction in platting requirements to divide a 12.74 acre parcel into two parcels. The subject parcel is zoned I-L (Light Industrial) and is not part of a recorded subdivision. The subject property is located at 1127 E. Pine Ave., on the south side of E. Pine Ave., approximately \4 mile wI!! of N. Locust Grove Road. The owner of the property is Montague-Sauriol, LLC aDd Charles Roy Montague, as a registered agent, has provided notarized consent for the division of this property. Staff has not yet received a Record of Survey showing how the parcel will be divided. We will provide that information at the hearing. The parcel is located in aD I-L zone, which has no minimum lot area or street frontage requirements. Any future development must comply with MCC 11-9-1 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: November 9, 2004 Page 2 00 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 aD 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 applicaDt. The City may require full compliaDce 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, aDd 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 applicaDt must provide drawings that show a) the existing parcel aDd the proposed split, b) aDYaDd all existing aDd proposed improvements within or adjoining the property, c) proposed sewer conoection aDd profiles, aDd d) aDY other information deemed as appropriate or necessary by the City Engineer aDd/or Plaoning 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 laDd 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. STAFF ANALYSIS Although the applicaDt meets the above stated requirements for a reduction in platting requirements, in this instaDce staff believes that full compliaDce is necessary for several reasons. The first reason relates to circulation. The property immediately to the west, owned by the Petersons, is laDdiocked by the Five Mile Drain. Future development ofthe subject property would need to provide a stub street to the Peterson property. There is also aD outstaDding issue MI-04-0I5 Montague Ml.doc Mayor & City Council Hearing Date: November 9,2004 Page 3 of3 as to whether there should be a conoection between E. Commercial Ave. aDd E. Pine Ave. Also, there is right-of-way (ROW) acquisition issues on E. Pine Ave. ACHD does not own the full ROW onE. Pine Ave. The second reason is that staff has some question as to whether this property should be eligible for a reduction in platting requirements. The original parcel of record included the subject property as well as the property platted as SaDtee Park Subdivision. The subject property should have been included in that subdivision but staff did not require it at that time. Council may WaDt to discuss this issue aDd give staff direction as to whether such properties should be eligible for a reduction in platting requirements. The third reason is that this property is a key transitional property within the surrounding residential and industrial neighborhoods. During the comprehensive plaD update process, this property and others to the west were recognized as being the transition from: industrial properties to the east aDd south; residential properties to north; and Old Town to the west. For this reason, the area was given a mixed use designation to allow developers a greater flexibility to meet the design challenges. This is the largest property in the area with the mixed use designation. The challenges regarding were also evident during hearings on previous applications on this property. The Plaoning Commission and City Council received a lot of public testimony regarding the compatibility from both the residential and industrial uses that neighbor the property. RECOMMENDATION Staff recommends denial of this application with the above noted comments. MI-04-015 Montague Ml.doc