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Home My WebLink AboutEP Crossings, LLC RP-05-001 BEFORE THE MERIDIAN CITY COUNCIL C/C February 22, 2005 IN THE MATTER OF THE APPLICATION OF EP CROSSINGS, LLC FOR APPROVAL OF A REDUCTION IN PLATTING REQUIREMENTS TO DIVIDE ONE (1) 1.71 +/- ACRES UN-PLATTED PARCEL INTO TWO (2) PARCELS LOCATED ON THE NEC OF EAST FAIRVIEW AVENUE AND VENTURE STREET IN THE SE % OF T. 3N., R. lE., SECTION 4 CASE NO. RP-05-00l 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 § l2-3-1.B to divide one (1) 1.71 acres un-platted parcel into two (2) parcels and the Council finding that the Administrative Review is complete from Craig Hood, Associate City Planner for the Planning and Zoning Department, dated: Hearing Date: February 22, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by EP Crossings, LLC, is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, from Craig Hood, Associate City Planner, for the Planning and Zoning Department, dated: Hearing Date: February 22, 2005 listing 6 ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING TO DIVIDE ONE (1) 12.25 ACRE UN- PLATTED PARCEL INTO 2 PARCELS BY LYONS DEVELOPMENT, LLC (RP-O4-002) Page 1 on Conditions of Approval, a true and correct of which is attached hereto marked Exhibit "A", and consisting 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; 3. 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 Memorandum from the Planning and Zoning Department as set forth in Exhibits "A" and "B" respectively. 2, 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 REDUCTION IN PLAmNGTO DIVIDE ONE (I) 12.25 ACRE UN- PLATTED PARCEL INTO 2 PARCELS BY LYONS DEVELOPMENT, LLC (RP-O4-002) Page 2 01'3 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 x;>.--d day of Fr.hn J(L~ ,2005, Attest: Copy served upon Applicant, the Pl City Attorney. By: jfL"O\nL~"'(\L~ City Clerk's Office Dated: 31\.0' o~ ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLAmNGTO DIVIDE ONE (I) 12.25 ACRE UN- PLATTED PARCEL INTO 2 PARCELS BY LYONS DEVELOPMENT, LLC (RP-O4-002) Page 301'3 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree -"'C, ~~ \ A IDAHO f \((", (' ~/ ~.~ ., ~"L1l<E."'URE~'"", - """ CITY HALL (208) 888-4433 - Fax 887-4813 MAYOR Tammy de Weerd g, cMe;;dl~;¡- PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466.9272 - FAX 466-4405 MEMORANDUM: Transmittal Date: February 17, 2005 Hearing Date: February 22, 2005 To: Mayor and City Council From: Craig Hood, Associate City Planner (1# Subject: Reduction in Platting Requirements Application Request for a Reduction in Platting Requirements to Divide a 1.71 Acre Unplatted Parcel into Two Parcels, by EP Crossing, LLC (File No. RP-O5-001). Staff has reviewed the above referenced submittal and offers the following comments and conditions. APPLICATION SUMMARY The applicant, EP Crossing, LLC, has submitted a Reduction in Platting (RP) application requesting a reduction to the platting requirements of dividing a 1.71 acre parcel into two parcels, This parcel was the subject of Mountain West Bank (AZ-O4-026/CUP-04-035) which the City approved in 2004, Mountain West Bank was a request for annexation (AZ-04-026) and conditional use permit (CUP-04-035) approval for a commercial bank with a drive- through, The subject parcel is zoned CoG (General Retail and Service Commercial) and is not part of a recorded subdivision, A Record of Survey (ROS) has been submitted showing how the parcel will be divided, Parcel A of the ROS is 0,95 acres and Parcel B is 0.76 acres in size, Parcel A is anticipated to contain the commercial bank, Parcel B is anticipated to contain a future retail or office building, All future development on this site must comply with the previously approved applications (AZ-O4-026/CUP-O4-035), the approved development agreement for this property, and MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions, The subject property is located on the northeast corner of Fairview Avenue and Venture Street. The current owners of the property are EP Crossing, LLC, and F & C Corporation. Andy Simmonds has submitted notarized consent for the subject application. RP-05-00I Exhibit "A" EP Crossing.RP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 2 of 3 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: 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 (reduction in platting requirements) must be submitted and heard by the City Council. If the miscellaneous/reduction in platting requirements 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. With the subject application the applicant did not submit the proposed sewer connection and profiles for each proposed parcel (3,c above), The City Engineer has deemed that the RP-O5-00t Exhibit "A" EP Crossing.RP.doc Mayor & City Council Hearing Date: February 22, 2005 Page 3 of3 information in 3.c above is not necessary at this time. The applicant meets all of the other above-stated requirements applicable to a reduction in platting requirements to divide the existing parcel into two parcels. 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-04-035 and the development agreement will not be fully complied with. Therefore, staff has made it a condition of approval that prior to occupancy, the applicant comply with all applicable improvements to the site, as required with CUP-04-035 (see Conditions of Approval #1 below). Staff has confirmed that the two parcels to be created by this division meet the minimum standards for the CoG zone. CONDITIONS OF APPROVAL 1. Prior to occupancy of any structure on Parcel A or B, all improvements required by CUP-04-035, including but not limited to: landscaping adjacent to Fairview Avenue and Venture Street, right-of-way dedication and sidewalk construction along Fairview A venue and Venture Street, fire hydrant and water main installation, street light installation, tiling irrigation ditches/laterals, pressurized irrigation installation, and all other applicable public improvements required by MCC 12-5-2 shall be completed. Prior to issuance of a Certificate of Zoning Compliance/Building Permit on Parcel B, a copy of a recorded vehicular reciprocal cross-access agreement between the two proposed parcels shall be submitted to the Planning & Zoning Department. Prior to issuance of occupancy of any structure on Parcel A or B, the applicant shall submit a recorded copy ofthe Record of Survey signed by the City Engineer to the Planning & Zoning Department. Any future use within Parcel B shall be required to obtain conditional use permit approval. Unless otherwise approved by CUP-04-035, all future development on both Parcel A and B must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions, Applicant shall comply with all improvements as required by the Ada County Highway District. 2. 3. 4. 5. 6. RECOMMENDATION Staff recommends approval of this application with the above noted conditions. RP-O5-00I Exhibit "A" EP Crossing.RP.doc