HomeMy WebLinkAboutMontague-Sauriol MI-04-015
BEFORE THE MERIDIAN CITY COUNCIL
C/C November 16, 2004
-~~-
IN THE MATTER OF THE
APPLICATION OF MONTAGUE-
SAURlOL, LLC FOR A
MISCELLANEOUS APPLI CATION
APPROVAL TO ALLOW A ONE-
TIME LOT DIVISION TO
SEPARATE AN UNPLATTED
PARCEL INTO TWO PARCELS IN
AN I-L ZONE LOCATED AT 1127 E.
PINE A VENUE IN THE NE ~ OF
THE SE ~ OF T. 3N., R. IE.,
SECTION 7
CASE NO. MI-04-015
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 to allow a one-time lot division to separate an unplatted
parcel into two parcels for Montague-Sauriol, LLC and the Council finding that the Administrative
Review is complete ITom Sonya Allen, Assistant City Planner, and Anna Borchers Canning,
Planning Director, for the Planning and Zoning Department, dated: Hearing Date: November 16,
2004 to the Mayor and Council, the council takes the following action:
IT IS HEREBY ORDERED THAT:
1.
The subject application by Montague-Sauriol, LLC 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, and Anna
Borchers Canning, Planning Director, for the Planning and Zoning
Department, dated: Hearing Date: November 16, 2004 listing six (6)
Conditions of Approval, a true and correct of which is attached hereto
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR A ONE-TIME LOT DIVISION TO
SEPARATE PARCELS ON AN UNPLATTED PARCEL INTO TWO PARCELS FOR MONTAGUE-SAURIOL (MI-O4-0IS)
Page I of4
B.
C.
D.
marked Exhibit "A", and consisting off our (4) pages, and by this reference
incorporated herein, and the response letter ITom Roy Montague, a true and
correct copy of which is attached hereto marked Exhibit "B" and consisting
of 5 pages, and by this reference incorporated herein, and the comment letter
ITom Ada County, a true and correct copy of which is attached hereto marked
Exhibit "C" and consisting of 1 page, and by this reference incorporated
herein, and the additional requirements ITom the action of the Council taken
at their November 16, 2004 meeting as follows, to wit:
CONDITIONS OF APPROVAL
For the purposes of this discussion, the 0.79-acre property shall be referred
to as the "split" parcel. The remaining 11.95-acre property shall be
referred to as the "remainder" parcel.
A.
Applicant shall submit a recorded copy of the Record of Survey
signed by the City Engineer prior to Certificate of Zoning
Compliance issuance on the "split" parcel. 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:
i. The northern lot line for the split parcel shall be shifted south
to align with Commercial Avenue right-of-way (approximately
25 feet.)
ii. Note "Parcel A" and "Parcel 8" on the survey.
iii. There are numerous errors on the survey. The City Engineer I
Public Works Director has contacted your surveyor regarding
these errors. These errors must be corrected before the City
Engineer will sign the survey.
iv. The ROS dimensions are approved by the City Engineer and;
v. 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.
Applicant must comply with all subdivision improvements on the
"split" parcel as required by MCC 12-5-2.
Applicant shall comply with all improvements on the "split" parcel
as required by Ada County Highway District.
The "remainder" parcel shall not be eligible for a building permit
until such time that the entire "remainder" parcel is platted and right-
of-way is dedicated for the Commercial Avenue extension
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR A ONE-TIME LOT DIVISION TO
SEPARATE PARCELS ON AN UNPLATTED PARCEL INTO TWO PARCELS FOR MONTAGUE-SAURIOL (MI-O4-0IS)
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E.
The "split" parcel shall have a recorded temporary cross access
agreement across the "remainder" parcel until such time that it has
frontage on a public street.
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
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
\ 1Þ -\on
day
of NOvt"MhPr
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and
City Attorney.
By: jOlill.ffi ~ II. U/Y\..J
City Clerk's Office
Dated:
1- 5-05
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION FOR A ONE-TIME LOT DIVISION TO
SEPARATE PARCELS ON AN UNPLATTED PARCEL INTO TWO PARCELS FOR MONTAGUE-SAURIOL (MI-O4-0IS)
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