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Home My WebLink AboutV.J. Joint Venture RP BEFORE THE MERIDIAN CITY COUNCIL C/C January 4, 2005 IN THE MATTER OF THE APPLICATION OF V.J. JOINT VENTURE FOR A REDUCTION IN PLATTING TO DIVIDE ONE ( 1) 34.57 ACRE UN-PLATTED PARCEL INTO TWO PARCELS LOCATED ON THE SOUTHEAST CORNER OF EAST PINE AVENUE AND NORTH EAGLE ROAD WITHIN THE S Y> OF T. 3N., R. IE., SECTION 9. CASE NO. RP-04-001 ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING This matter coming before the City Council for Reduction in Platting approval pursuant to Meridian City Code § l2-3-I.B to divide one (1) 34.57 acres un-platted parcel into two (2) parcels and the Council finding that the Administrative Review is complete from Josh Wilson, Associate City Planner for the Planning and Zoning Department, dated: Hearing Date: January 4, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by V.J. Joint Venture, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, ITom Josh Wilson, Associate City Planner, for the Planning and Zoning Department, dated: Hearing Date: January 4, 2005 listing six (6) ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING TO DIVIDE ONE (I) 34.57 ACRE UN- PLATTED PARCEL INTO TWO (2) PARCELS BY V.J. JOINT VENTURE (RP-04-001) Page 1 oB 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, and the response letter ITom The Idaho Transportation Department, a true. and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 pages, and by this reference incorporated herein, and the response letter from Ada County Highway District, a true and correct copy of which is attached hereto marked Exhibit "c" and consisting of 1 Page, 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. The applicant shall comply with the conditions as set forth in the letters ITom Idaho Transportation Department and Ada County Highway District as set forth in Exhibits "B" and "c" respectively. 3. 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 fmal decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING TO DIVIDE ONE (I) 34.57 ACRE UN- PLATTED PARCEL INTO TWO (2) PARCELS BYV.J. JOINT VENTURE (RP-O4-001) Page 2 oB 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 maybe 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 0 f To Yl U !'Uu.... ð 4t\-- day ,2004. Attest: By: :\"11 ~ City Clerk's Office Dated: 1-21-0£ ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING TO DIVIDE ONE (1) 34.57 ACRE UN- PLATTED PARCEL INTO TWO (2) PARCELS BY V.I. JOINT VENTURE (RP-O4-001) Page30f3 MAYOR Tanuny de Weerd ctre;;diãn CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle CharI" M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 MEMORANDUM: Hearing Date: January 4,2005 To: Mayor and City Council Josh Wilson, Associate City Plann?4Z- Reduction in Platting Requirements Application From: Subject: Request for a Reduction in Platting Requirements to Divide a 34.57 Acre un- platted Parcel into Two Parcels (RP-04-00l) byV.J. Joint Ventures. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & LOCATION The applicant, V.J. Joint Ventures, has submitted a Reduction in Platting Requirements Application (RP) requesting a reduction in platting requirements to divide a 34_57 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 the southeast comer of the intersection of Eagle Road and Pine Avenue- The owner of the property is V.J. Joint Venture and the applicant has submitted the deed to the property as proof of ownership. A Record of Survey has been submitted showing how the parcel will be divided. The parcel is located in an I-L zone, which has no minimum 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 l2-3-1.B. which states the following: Re-Subdivision: Notwithstanding the defmition of "subdivision" contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is RP-O4-001 Exhibit "/\:' VJJointVentures.RP.doc Mayor & City Council Hearing Date: January 4, 2005 Page 2 of3 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 Adjusttnent 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. The applicant has agreed that the remainder parcel, Parcel 2, will not be eligible for a building permit until a final plat has been recorded for the entire property. Sewer and water services have been extended ITom E. Pine Avenue to these parcels. Staff has confirmed that the two parcels created by this division meet the minimum standards for the I-L zone. RP-O4-O01 Exhibit "A" V JJointVeotures.RP.doc RP-O4-001 Mayor & City Council Hearing Date: January 4, 2005 Page 3 of3 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 cross-access agreement between the two proposed parcels is required to be submitted prior Certificate of Zoning Compliance issuance. 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 Parcell. Future development must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. No building permit will be issued for Parcel 2. The applicant shall include Parcell and Parcel 2 in a future subdivision. Parcel 2 will not be eligible for a building permit until a final plat has been recorded for the entire property. 3. 4. 5. 6. RECOMMENDATION Staff recommends approval ofthis application with the above noted conditions. Exhibit "A" VJJointVentures.RP.doc