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HomeMy WebLinkAboutTen Mile Development RP-05-001 c BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ELIXIR INDUSTRIES, INC. FOR APPROVAL OF A REDUCTION IN PLATTING REQUIREMENTS FOR A PARCEL BOUNDARY ADJUSTMENT TO CREATE ONE (1) 48.14 ACRE PARCEL AND ONE (1) 13.49 ACRE PARCEL IN AN APPROVED C-G ZONE LOCATED AT 725 NORTH EAGLE ROAD AND 3001 EAST COMMERCIAL COURT IN A PORTION OF THE SE Y. OF T. 3N., R. 1E., SECTION 8. C/C May 24, 2005 ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. RP-05-001 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 § 12-3-1.B for a parcel boundary adjustmentto create one (1) 48.14 acre parcel and one (1) 13.49 acres parcel, and the Council finding that the Administrative Review is complete tram Josh Wilson, Associate City Planner for the Planning and Zoning Department, dated: Hearing Date: May 24, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Elixir Industries, Inc., is approved subject to those conditions of Staff comments as set forth in the memorandum to the Mayor and City Council, from Josh Wilson, Associate City Planner, for the Planning ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING FOR A PARCEL BOUNDARY ADJUSTMENT TO CREATE ONE (1) 48.14 ACRE PARCEL AND ONE (1) 13.49 ACRE PARCEL BY ELlXIR INDUSTRlES, INC. (RP-05- 002) Page 1 of3 and Zoning Department, dated: Hearing Date: February 22, 2005 listing 8 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, and the response letter trom Doug Bergey, a true and correct copy of which is attached hereto marked Exhibit "B" 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; 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 shaH comply with the conditions as set forth in the Memorandum ftom 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. ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING FOR A PARCEL BOUNDARY ADJUSTMENT TO CREATE ONE (I) 48.14 ACRE PARCEL AND ONE (1) 13.49 ACRE PARCEL BYELIXIRINDUSTRlES, INc. (RP-05- 002) Page 2 on 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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the ;74 ~ day of ,2005. Attest: B: Dated: --.J.j ~1J 5 ORDER OF CONDITIONAL APPROVAL OF REDUCTION IN PLATTING FOR A PARCEL BOUNDARY ADJUSTMENT TO CREATE ONE (I) 48.14 ACRE PARCEL AND ONE (I) 13-49 ACRE PARCEL BY ELIXIR INDUSTRIES, INc. (RP-05- 002) Page3 on , CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree """ ',~ ." \! \I " IDAHO I ~ I' ~ ~ '~""'I" "Ø-'~ "",-~~_lil'_'-'WR!'. v.~ 1""""("... --=-----" 1:1903 CITY HALL (208) 888-4433 - Fax 887-4813 MAYOR Tammy de Weerd -, ~.; " olfe;;d/;~ -- ~ PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 884-4433 - FAX 887-4813 MEMORANDUM: Transmittal Date: May] 9, 2005 Hearing Date: May 24, 2005 To: Mayor and City Council From: Josh Wilson, Associate City Planner Subject: Reduction in Platting Requirements Application Request for a Reduction in Platting Requirements for a Parcel Boundary Adjustment to create one (1) 48.14 acre parcel and one (1) 13.49 acre parcel in an approved C-G zone for Ten Mile Development, by Elixir Industries, Inc. (File No. RP-O5-002). Staff has reviewed the above referenced submittal and offers the following comments and conditions. APPLICATION SUMMARY The applicant, Elixir Industries, has submitted a Reduction in Platting (RP) application requesting a reduction to the platting requirements for a Parcel Boundary Adjustment to create one (1) 48.14 acre parcel and one (1) 13.49 acre parcel in an approved C-G zone. This parcel was the subject of recent Ten Mile Development applications (CPA-04-003/CUP-04~051/RZ- 04-0] 7) which the City approved on April 26, 2005. Ten Mile Development was a request for a Comprehensive Plan Amendment, Rezone, and Conditional Use Permit approval for a planned development including conceptual approval of 615,430 square feet of commercial/retail uses. The subject parcel has received approval for rezone to C-G (General Retail and Service Commercial) ftom the I-L and L-O zones; however the Rezone Ordinance has not been adopted as ofthe date of this report. The subject parcel is not part ofa recorded subdivision. A Record of Survey (ROS) has been submitted showing how the parcel will be divided. Parcel I of the ROS is 48.14 acres and Parcel 2 is 13.49 acres in size. Future development must comply with the approved Ten Mile applications (CPA-04-003/CUP-04-051/RZ-04-0] 7) and the approved development agreement for this property; future development must also receive detailed conditional use approval. RP-05-002 Exhibit "A" T enMileDeveiopment. RP .doc Mayor & City Council Hearing Date: May 24, 2005 Page 2 of 3 The subject property is located at the northwest corner of the intersection of Pine A venue and Eagle Road. The owner of the property is Elixir Industries, Inc and Christopher Sahm, the President and Chief Operating Officer, 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-05-002 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 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. Exhibit "A" T enMileDevelopmentRP .doc RP-05.002 Mayor & City Council Hearing Date: May 24, 2005 Page 3 of 3 Staff has confinned that the two parcels to be created by this division meet the minimum standards for the recently approved C-G zone. The rezone ordinance (subsequent to RZ-04- 017) shall be adopted by Meridian City Council prior to the City Engineer's signature on the Record of Survey. CONDITIONS OF APPROVAL 1. The applicant shall comply with all conditions of approval for the recent Ten Mile Development applications (CP A-04-003/CUP-04-051/RZ-04-0] 7). The subject property shall be rezoned, by City of Meridian Ordinance, to the C-G zone prior to signature by the City Engineer on the Record of Survey. Applicant must comply with all subdivision improvements as required by MCC 12-5-2. Prior to issuance of a Certificate of Zoning Compliance, the applicant shall submit a recorded copy ofthe Record of Survey signed by the City Engineer. All future uses within Parcell and 2 shall be required to obtain detailed conditional use pennit approval. Unless otherwise approved by a detailed conditional use penn it, all future development on both Parcell and 2 must comply with MCC 11-9-1 regarding building setbacks, lot coverage, and height restrictions. Applicant shall comply with all improvements as required by Ada County Highway District. The applicant shall include Parcel] and Parcel 2 in a future subdivision. No building permits shall be issued on Parcels 1 or 2 until a final plat application has been submitted for the entire property. 2. 3. 4. 5. 6. 7. 8. RECOMMENDATION Staff recommends approval of this application with the above noted conditions. Exhibit "A" T enMilcDevelopment.RP .doc Page 1 of 1 Josh Wilson From: Douglas Bergey [dbergey@bergeyls.com] Sent: Tuesday, May 24, 20054:50 PM To: Josh Wilson Subject: RE: Ten Mile Development RP staff report for 5124/05 CC Hi Josh, I have no objections to the conditions of approval. I just spoke to Kelly at Hansen-Rice and he does not either, Kelly tells me Glenn Walker will be at the meeting tonight, and I have not heard from him. Thanks, Doug ----Original Message----- From: Josh Wilson [mailto:wilsonj@meridiancity.org] Sent: Tuesday, May 24,2005 1:27 PM To: Douglas Bergey Subject: FW; Ten Mile Development RP staff report for 5/24/05 CC Doug, I just realized that I misspelled your email address in the original emailing, so you probably didn't receive the staff report on Thursday. I apologize for the error. If you have no objections to the conditions of approval you don't need to attend the hearing tonight. Just email or fax me a quick letter stating that you agree with the Staff Report dated May 19, 2005. Thank you, Josh Wilson Associate City Planner 884-5533 8874813 fax From: Josh Wilson [mailto:wilsonj@meridiancity.org] Sent: Thursday, May 19, 2005 5:15 PM To: Tara Green'¡ 'Jessica Johnson'¡ hillm@meridiancíty.org¡ 'naryb@meridiancity.org' Cc: 'Will Berg'¡ 'dbergey@begreyls.com' Subject: Ten Mile Development RP staff report for 5/24/05 CC Please see attached. Thank you, Josh Wilson Associate City Planner City of Meridian Planning and Zoning 5/24/2005 Exhibit "II"