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i STAFF REPORT To: Planning Commission Report No.: VIL1. From Kim Moore-Sykes,Assistant City Manager Date: January 20,2009 Subject: 3055 Old US I-fiighway 8 Administrative Lot Split Requested Action: Lot Split without Platting Date Application Received• Dec.23,2008 Property Address: 3055 Old US Highway 8 Zoning District: LI 60-Day Expires: N/A Waiver Letter Required: Yes Date Sent: No X Future Action: Public Hearing for Lot Split without Platting January 20,2009 Background: Mr. David Lutz,General Counsel for The Wirth Companies met with Staff regarding a proposal to split their property located at 3055 Old Highway 8. Mr. Lutz reported that his client is proposing to split this property into two parcels in order to facilitate the future and eventual redevelopment of the parcel currently comprising the parking lot. The subject property is zoned as Industrial and is approximately 237,000 SF. The City Ordinance requires that a lot in the Industrial Zoned District must be at least 15,000 SF so if the lot is split approximately in half as proposed by Mr. Lutz, the resulting lots would meet the square footage requirements of the Ordinance. In addition,the lot must be at minimum 100 feet wide. The Parcel Split Description Survey as provided by Mr. Lutz shows the total frontage width of the current lot to be 867 feet. The City's Ordinance specifies that each parcel in the Industrial Zoned District have specific minimum setbacks for the front,rear and side yards. While the current parcel is assumed to have the minimum setbacks, the proposed lot B, as noted by the City Attorney,will be deficient in setbacks at the proposed north lot line. Another issue for proposed Lot B will be the lack of required parking as outlined in Chapter 1650. Mr. Lutz has acknowledged that there is initially no plan for parking on the proposed Lot B but his client is proposing to put a restriction on the deed that requires the lot to be considered as one for purposes of zoning and land use planning. Under this deed restriction,the parking will be still be on the newly created Lot A and the setback issue is resolved for Lot B. When asked about future parking needs should redevelopment of Lot A occur,Mr. Lutz indicated that their intent is to build underground parking for the existing building on Lot B. Staff submitted the site plan, application and supporting documentation from Mr. Lutz regarding the proposed lot split without platting to the City Attorney. Following his review, the City Attorney contacted staff with his concerns about approving a lot split that would create an nonconforming lot(Lot B) and that a 3055 Old hywy 8 Lot Split 01202009 Staff Report Format.doc