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Home My WebLink AboutKevin Knighton MI-04-013 BEFORE THE MERIDIAN CITY COUNCIL C/C October 26, 2004 IN THE MATTER OF THE APPLICATION OF KEVIN KNIGHTON FOR A ONE-TIME LOT DIVISION TO SEPARATE AN UN-PLATTED PARCEL INTO TWO PARCELS IN A CoG ZONE LOCATED AT 2200 EAST OVERLAND ROAD IN A PORTION OFTHESE ';<\ OF THE SW ';<\ T.3N., R. IE., SECTION 17 CASE NO. MI-O4-013 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 Spilt of Unplatted Ground for Kevin Knighton, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner, for the Planning and Zoning Department, dated: Hearing Date: October 26, 2004 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Kevin Knighton, 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, for the Planning and Zoning Department, dated: Hearing Date: October 26, 2004 listing seven ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR KEVIN KNIGHTON (MI-O4-013) Page 1 00 (7) Conditions of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting of three (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 TAKINGS 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 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR KEVIN KNIGHTON (MI-O4-013) Page 2 of 3 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the .Ql.J¡"'" day of Otlc'ba- ,2004. Attest: """.."'."""""""- ~ ,\,,~~ of ME¡:¡ID/ ;"" erd "c}' '-1. /,:. / . I"';Q1IPOIt.~ ~ ~Jv:!ayor, City of Meridian f ~r () ~ By: <Jwtm~ City Clerk's Office Dated: 11-24-04 ORDER OF CONDmONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR KEVIN KNIGHTON (MI-O4-013) Page 3 of 3 MAYOR Tammy de Weerd ",-p /=00 ~ IJVt en di::"l \ IDAHO jí ~ "" (!& "TRE^"UREV~' ..,11".1 CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Roun1ree PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Hearing Date: October 26, 2004 To: Mayor and City Council Sonya Allen, Assistant City Planner JIl From: Subject: Miscellaneous Application Request for a Reduction in Platting Requirements to Divide a 26.432 Acre Parcel into Two Parcels (MI-04-013) by Kevin Knighton. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & LOCATION The applicant, Kevin Knighton, has submitted a Miscellaneous Application (MI) requesting a reduction in platting requirements to divide a 26.432 acre parcel into two parcels. The subject parcel is zoned CoG (General Retail and Service Commercial) and is not part of a recorded subdivision. The subject property is located at 2200 E. Overland Road, on the north side of E. Overland Road, approximately %mile east of S. Locust Grove Road. The owners of the property are Willard and Angela Howell and Willard has provided notarized consent for the division of their property. A Record of Survey has been submitted showing how the parcel will be divided. The parcel is located in a CoG zone, which has no minimwn lot area or street frontage requirements. 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: Exhibit "A" Mayor & City Council Hearing Date: October 26, 2004 Page 2 of3 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 minimwn 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. STAFF ANALYSIS The applicant meets the above stated requirements for a reduction in platting requirements to divide the existing parcel into two parcels. The applicant has agreed to include both properties in a subdivision application prior to issuance of a Certificate of Occupancy. Sewer and water services will need to be extended from E. Overland Road to these parcels. MI-O4-013 Exhibit "A" Knighton MI.doc Mayor & City Council Hearing Date: October 26, 2004 Page 3 of3 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. A Lot Line Adjustment application will be required to be submitted for this property after approval ofthis application. A cross-access agreement between the two proposed parcels is required to be submitted with the Lot Line Adjustment application. Applicant shall submit a recorded copy of the Record of Survey signed by the City Engineer prior to Certificate of Zoning Compliance issuance. Future development must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. The applicant shall include the subject split parcel in a future subdivision. Such subdivision application shall be submitted to the Planning and Zoning Department and accepted for processing prior to issuance of the first Certificate of Occupancy on the existing parcel. 3. 4. 5. 6. 7. RECOMMENDATION Staff recommends approval of this application with the above noted conditions. MI-O4-0l3 Exhibit "A" Knighton Ml.doc