HomeMy WebLinkAboutTony Zanders MI-04-012
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF TONY
ZANDERS FOR A ONE-TIME LOT
DIVISION TO SEPARATE AN UN-
PLATTED PARCEL INTO TWO
PARCELS IN AN I-L ZONE
LOCATED AT 199 NORTH LINDER
ROAD IN A PORTION OF THE SE
'4 OF T. 3N., R. 1W., SECTION 11
C/C October 26, 2004
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CASE NO. MI-04-012
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- 1. B for an Administrative Lot Spilt of Unplatted Ground for
Tony Zanders, and the Council finding that the Administrative Review is complete ITom 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 Tony Zanders, is approved subject to those
conditions of Staff comments as set forth in the memorandum to the Mayor
and City Council, ITom Sonya Allen, Assistant City Planner, for the Planning
and Zoning Department, dated: Hearing Date: October 26, 2004 listing six (6)
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR
ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR TONY ZANDERS (MI-O4-012)
Page 1 of3
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 TONY ZANDERS (MI-O4-012)
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 ~~ih
day
of {)~~(h~
,2004.
Attest:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and
City Attorney.
By: j(U_a..j~ G G M-
City Clerk's Office
Dated: \ (- 24.04
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR
ADMINISTRATIVE LOT SPLIT OF UNPLATTED GROUND FOR TONY ZANDERS (MI-04-012)
Page 3 of3
MAYOR
Tammy de Weerd
J
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IDAHO ~'
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CITY HALL
(208) 888-4433 - Fax 887-4813
CITY COUNCIL MEMBERS
Keith Bird
Cluistine Donnell
Shaoo Wardle
Charles M. Rountree
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
.M
Sonya Allen, Assistant City Planner 0
From:
Subject:
Miscellaneous Application
Request for a Reduction in Platting Requirements to Divide a 2.32 Acre Parcel
into Two Parcels in an I-L Zone (MI-04-012) by Tony Zanders.
Staff has reviewed the above referenced submittal and offers the following comments.
APPLICATION SUMMARY & BACKGROUND
The applicant, Tony Zanders, has submitted a Miscellaneous Application (MI) requesting a
reduction in platting requirements to divide a 2.32 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 199 N. Linder Road, on the west side of N. Linder Road,
approximately l.4 mihnorth ofW. Franklin Road.
The property is owned by Linder Plaza, LLC, and Roy Coneen, as managing member of the
corporation, has provided notarized consent for the division of the property.
A plan, entitled "Exhibit A," has been submitted showing how the parcel will be split. The
portion of the property fronting N. Linder Road has an existing building on it where the
applicant's motor vehicle repair business is currently located. A site plan has been submitted
showing how the back portion of the property will be developed as a result of the proposed lot
split. The applicant is proposing to relocate his business and construct a new building
consisting of 5,400 s.f. on the rear portion of the property.
In June, 2004, the Planning & Zoning Department established a new policy and procedure
regarding re-subdivisions. This decision was based on MCC 12-3-l.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 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.
STAFF ANALYSIS
The applicant meets the above stated requirements for a reduction in platting requirements to
divide the existing parcel into two parcels. Sewer and water services will need to be extended
ITom the existing site to service the proposed development at the rear of the property.
MI-O4-012
Exhibit "A"
Zanders MI.doc
MI-O4-012
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 I-L 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.
After City Council approval of the Miscellaneous application, the applicant must submit
a Lot Line Adjustment application to the Planning & Zoning Department.
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 the parcels resulting
ITom this lot split with submittal of the Lot Line Adjustment Application.
Future development must comply with MCC 11-9-1 regarding building setbacks, lot
coverage, and height restrictions.
3.
4.
5.
6.
RECOMMENDATION
Staffrecommends approval of this application with the above noted conditions.
Exhibit "A"
Zanders M1.doc