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HomeMy WebLinkAboutStaff comments ,MAYOR Tammy de Weerc! CITY COUNCIL MEMBERS KeithBiId Christine Donnell Shaun Wardle Charles M. Rountree j elf ;tdi!C" IDAHO CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Transmittal Date: January 20, 2005 Hearing Date: January 25,2005 To: Mayor and City Council RECEIVED JAN 23 2005 From: Craig Hood, Associate City Planner (IN Subject: Reduction in Platting Requirements Application Cíty Of Meridian City Clerk Office Request for a Reduction in Platting Requirements to Divide a 12.25 Acre Unplatted Parcel into Two Parcels, by Lyons Development, LLC (File No. RP- 04-002). Staff has reviewed the above referenced submittal and offers the following comments and conditions. APPLICATION SUMMARY The applicant, Lyons Development LLC, has submitted a Reduction in Platting (RP) application requesting a reduction to the platting requirements of dividing a 12.25 acre parcel into two parcels. This parcel was the subject of Stow-it Self Storage (AZc04-013/CUP-04-017) which the City approved in 2004. Stow-it Self Storage was a request for annexation (AZ-04- 013) and conditional use permit (CUP-04-017) approval for a planned development including detailed approval of 150,680 square feet of indoor storage, 3,200 square feet of retail office, and a 1,600 square-foot caretaker apartment and conceptual approval of 27,265 square feet of retail/office space. The subject parcel is zoned C-G (General Retail and Service Commercial) and is not part of a recorded subdivision. A Record of Survey (RaS) has been submitted with the subject application. Parcel A of the RaS is 2.78 acres in size and Parcel B is 9.47 acres in size. According to CUP-04-017, Parcel A is anticipated to contain future retail/office uses. Parcel B is anticipated to contain indoor storage units, a retail office building, and a caretaker apartment. Future development on this site should comply with the previously approved Stow-it applications (AZ-04-013/CUP-04- 017), the approved development/non-development agreement for this property, and MCC 11- 9-1 regarding building setbacks, lot coverage, and height restrictions. RP-04-002 Lyons Development.RP.doc Mayor & City Council Hearing Date: January 25,2005 Page 2 00 The subject property is located at the southwest comer of the intersection of Overland Road and Stoddard Road. The owner of the property is Lyons Development, LLC and Dale Frazell, a managing member, has submitted notarized consent for the subject application. STAFF ANALYSIS 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) 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: RP-04-002 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 reduction in platting requirements application must be submitted and heard by the City Council. 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. Lyons Development.RP.doc Mayor & City Council Hearing Date: January 25, 2005 Page 3 of3 The general intent of allowing the reduction in platting requirements was twofold: 1) to facilitate development of a property while a subdivision application was being processed, and 2) to allow division of existing properties that were in older commercial and/or industrial developments where enhanced review and improvement requirements of the subdivision process provide little added value to the community. Staff did not intend to allow multiple divisions of a property without going through the subdivision process. The subject parcel was the subject of a recorded Record of Survey (ROS) that split the subject 12.25 acre parcel nom a larger 19.79 acre parcel. ROS 6031 was recorded in 2003, creating the subject "north" 12.25 acre parcel and a 7.54 acre "south" parcel that the Idaho Power Company has retained for a substation. In this instance, the subject property was previously granted a division in the County. The City subsequently annexed one of those two parcels (the subject site) while not annexing the remainder portion (Idaho Power site). If approved, this would be the second division of the property without going through the subdivision process. As mentioned above, this site is the subject of a recent annexation and conditional use permit approval. Staff is concerned that if the subject RP application is approved and two parcels are created, then the improvements as required with CUP-04-017 and the development/non- development agreement will not be fully complied with. For example, right-of-way dedication, sidewalk construction and landscaping improvements adjacent to Overland Road would not be constructed until both proposed parcels develop. The retail/office uses on the proposed Parcel A have only received conceptual approval and staff does not know how long it will be until detailed CUP approval is even applied for on that portion of the site. If it is several years until Parcel A develops and Parcel B has previously made improvements to the site (e.g. - landscaping) then the trees and shrubs will not mature simultaneously and will create an erratic look. Further, if the Council decides that all of the landscaping for the entire site should be put in concurrently then a situation regarding ownership and operation of a pressure irrigation system for the property as well as maintaining landscaping are difficult without the formation of a Business Owners Association, which would be required with a subdivision. Finally, this parcel lies within a "Mixed Use - Neighborhood" designation on the Comprehensive Plan Future Land Use Map. This designation allows a combination ofland uses that are typically developed under a master or conceptual plan. While allowing flexibility in design, staff generally holds these mixed use properties to a high development standard. Staff believes that the subdivision process is the onlv wav to ensure that the development standards and site improvements approved with CUP-04-017. such as right-of-wav dedication. landscaping and sidewalk construction along Overland Road and Stoddard Road. construction of the plaza amenities. installation of pressurized irrigation facilities. installation of street lights. recordation of cross-access agreement(s). maintenance oflandscape areas. etc. are completed and complied with. RECOMMENDATION For the reasons listed above, staff recommends denial of the subject Reduction in Platting application (RP-O4-002). RP-O4-002 Lyons Development.RP.doc