HomeMy WebLinkAboutCafarelli Sub No. 2 PPBEFORE THE CITY COUNCIL OF THE CTTY OF MERIDIAN
C/C 05/25/04
IN THE MATTER OF THE
REQUEST FOR PRELIMINARY
PLAT FOR CAFARELLI
SUBDIVISION N0.2 FOR 2
BUILDING LOTS ON 2.7 ACRES
LOCATED AT 1950 WEST
FRANKLIN ROAD, A
RESUBDIVISION OF LOT 1,
BLOCK 1 OF CAFARELLI
SUBDIVISION, MERH)IAN, IDAHO
Case No. PP-04-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
ORDER OF CONDITIONAL
APPROVAL OF PRELIMINARY
PLAT
BY: SHAWN FICKES,
APPLICANT
The above entitled matter coming on regularly for public hearing before the City Council
on May 25, 2004, and Brad Hawkins-Clark for the Planning and Zoning Department, and
Kevin Amar, appeared and testified, and the City Council having received a report from
Wendy Kirkpatrick for the Planning and Zoning Department, and Bruce Freckleton,
Engineering Technician III, and the City Council having received as part of the record of
this matter the recommendation to City Council of the Planning and Zoning Commission
and the Preliminary Plat "PRELIMINARY PLAT FOR CAFARELLI SUBDIVISION
NO.2, A RESUBDNISION OF LOT 1, BLOCK 1 OF CAFARELLI SUBDIVISION
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 1 of 11
LOCATED IN THE SE'/< SE 14 OF SECTION 11 T.3N., RaE., B.M., MERIDIAN,
ADA COUNTY IDAHO 2004, NO. 1. DATE 03-25-04 DESCRIPTION ADD
COMMON LOTS, REVISE EASAEMENT, DRAWN BY: DAB, CHECKED BY:
DAVID A. BAILEY P.E., PROJECT NO. C23060, DATE: 01-14-04, PRELIMINARY
PLAT CAFARELLI SUBDIVISION NO. 2 SHAUN FICKES, SHEET PP-1,
STAMPED: RECEIVED MAR 30 2004 CITY OF MERIDIAN CITY CLERK OFFICE,
SHAUN FICKES -DEVELOPER, THORNTON FAMILY L.P. -OWNER, TERRY
PEUGH -SURVEYOR, DAVID A. BAILEY -ENGINEER, BAILEY ENGINEERING,
INC.", Shawn Fickes, Developer, submitted for preliminary plat approval and which
preliminary plat for approval application is herein received and adjudged by the City
Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the
following findings:
FINDINGS OF FACT
1. That the proposed development is in conformance with the Amended
Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in
the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis
Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the
property is presently zoned I-L, and requires connection to the Municipal Water and Sewer
System. [Meridian City Code § 11-7-2]
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 2 of 11
2. The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382. The Future Land Use Map
depicts the property as "Industrial" which allows for the proposed industrial subdivision.
3. It is determined that public services, including water, police, and fire, can be made
available to accommodate the proposed development, however, the subject site is not serviceable
via the City of Meridian's gravity sewer system. The applicant proposes to utilize individual
grinder pumps on each lot that would pump to an existing manhole east of the subject site.
4. The proposed development is a continuity of the proposed development within the
City's Capital Improvement Program and if the conditions, which are requested by the Planning
and Zoning Administrator and the Engineering Technician III, and as proposed by the developer
as stated on the preliminary plat, and there should not be a conflict with the capital improvement
program. The development will not require major expenditures for providing supporting services,
since the proposed subdivision is a re-subdivision of a previously platted lot, services are already
available to the site.
5. The development if built in accordance with the conditions and as proposed, will
not create health, safety or environmental problems and there have been no specifics of any such
concerns brought to the Council's attention.
6. It is found that the Recommendation To City Council of the Planning and Zoning
Commission is reasonable and appropriate for the conditions of approval of the preliminary plat
as hereinafter set forth. It is not found that there would be any other health, safety or
environmental problems associated with this subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 3 of 11
The applicant has submitted for consideration of this approval drawing of the
preliminary plat herein designated as "PRELIMINARY PLAT FOR CAFARELLI
SUBDNISION N0.2, A RESUBDIVISION OF LOT 1, BLOCK 1 OF CAFARELLI
SUBDIVISION LOCATED IN THE SE '/ SE 14 OF SECTION 11 T.3N., R.lE., B.M.,
MERIDIAN, ADA COUNTY IDAHO 2004, NO. 1. DATE 03-25-04 DESCRIPTION ADD
COMMON LOTS, REVISE EASAEMENT, DRAWN BY: DAB, CHECKED BY: DAVID A.
BAILEY P.E., PROJECT NO. C23060, DATE: O1-14-04, PRELIMINARY PLAT CAFARELLI
SUBDIVISION NO. 2 SHAUN FICKES, SHEET PP-1, STAMPED: RECEIVED MAR 30 2004
CITY OF MERIDIAN CITY CLERK OFFICE, SHAUN FICKES -DEVELOPER,
THORNTON FAMILY L.P. -OWNER, TERRY PEUGH -SURVEYOR, DAVID A. BAILEY
- ENGINEER, BAILEY ENGINEERING, INC.".
8. The applicant intends to develop the subject property as a two lot industrial
subdivision.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
The Preliminary Plat of the applicant as evidenced by having submitted the
Preliminary Plat "PRELIMINARY PLAT FOR CAFARELLI SUBDIVISION NO. 2, A
RESUBDIVISION OF LOT 1, BLOCK 1 OF CAFARELLI SUBDIVISION LOCATED IN
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 4 of 11
THE SE Y SE 14 OF SECTION 11 T.3N., R.IE, B.M., MERIDIAN, ADA COUNTY IDAHO
2004, NO. 1. DATE 03-25-04 DESCRIPTION ADD COMMON LOTS, REVISE
EASAEMENT, DRAWN BY: DAB, CHECKED BY: DAVID A. BAILEY P.E., PROJECT
NO. C23060, DATE: 01-14-04, PRELIMINARY PLAT CAFARELLI SUBDIVISION NO.2
SHAUN FICKES, SHEET PP-1, STAMPED: RECEIVED MAR 30 2004 CITY OF
MERIDIAN CITY CLERK OFFICE, SHAUN FICKES -DEVELOPER, THORNTON
FAMILY L.P. -OWNER, TERRY PEUGH -SURVEYOR, DAVID A. BAILEY -
ENGINEER, BAILEY ENGINEERING, INC.", Shawn Fickes, Developer is hereby
conditionally approved; and
2. The conditions of approval are as follows to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
CONDITIONS OF PRELIMINARY PLAT
Domestic water service to this site shall be via main line extension from the existing
mains adjacent to the property. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
2. Sanitary sewer service shall be provided via independent grinder pump stations on
each lot, that would pump to the existing manhole east of the subject site. When the
future Black Cat sewer is installed in Franklin Road, the applicant shall be
responsible for the connection of the individual service lines, and the
decommissioning of the pump station.
3. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. The original study report indicates that shallow
groundwater may be a factor. All drainage areas (detention/retentionhasins) must be
designed to ensure that water is retained only during 100-year storm events, and for
a period of time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3:1. The project engineer should pay close attention to the results of field
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 5 of 11
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations are set a minimum of 3-feet above the highest established
normal groundwater elevation.
4. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
5. Please submit a copy of the Ada County Street Name Committee's approval letter
for the subdivision name, and the lot and block numbering. Make any corrections
necessary to conform.
6. Coordinate fire hydrant placement with the City of Meridian Public Works
Department and the City of Meridian Fire Department.
7. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash
surety in the amount of '110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc. that has not been completed.
8. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be
submitted for the subdivision with the final plat(s) application.
9. All sidewallcs shall be constructed in accordance with MCC 12-5-2.K. Prior to
signature of the final plat(s), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided (MCC 12-5-
3).
10. Streetlights will be required at locations designated by the Public Works
Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and
quantity are determined a$er power designs are completed by Idaho Power
Company. The street light contractor shall obtain design and permit from the Public
Works Department prior commencing installations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 6 of 11
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
13. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
14. Staff s failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the Applicant of responsibility for
compliance.
15. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
16. Ten days prior to City Council, submit a revised plat depicting a minimum 25' cross
access easement and a vehicle turnaround.
17. Western side of proposed subdivision lots must be fenced to prevent access to the
private road located directly west of the subject property. Including additional
landscaping until access has been agreed upon.
B. Adopt the recommendations of the Meridian Fire Department as follows:
1. Proposed cabinet shop and welding shop must meet all International Fire Code
regulations.
2. Preliminary building lay-out and turnaround must be approved by Meridian's Fire
Department.
C. Adopt the recommendations of Nampa Meridian Irrigation District as follows:
Applicant shall apply for a land use change application prior to final platting.
2. The District's Von Lateral and Eight Mile Lateral course through this proposed
project. These easements must be protected and any encroachment without a
signed License Agreement and approved plan, before any construction is started,
is unacceptable.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION NO. 2 / (PP-04-003)
Page 7 of 1 I
D. Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
Utilize the existing 24 to 30-foot wide driveway, approximately 210-feet east of the
west property line as a shared driveway between Lots 1 and 2 as proposed.
Pave the driveway its full width and at least 30-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with 15-foot radii abutting the
existing roadway edge if not already completed.
2. Other than the access point(s) specifically approved with this application, direct lot
or parcel access to Franklin Road is prohibited. Lot access restrictions, as required
with this application, shall be stated on the final plat.
3. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside oftheright-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five yeazs old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specificallywaived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 8 of 11
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative
and an authorized representative of the Ada County Highway District. The burden
shall be upon the applicant to obtain written confirmation of any change from the
Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject
of this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
E. Adopt the recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Deparhnent of Health & Welfare, Division of
Environmental Quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDNISION N0.2 / (PP-04-003)
Page 9 of 11
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS 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 maybe 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 ~~
day of ~ (,~jL , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED~~'~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 10 of 11
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
William G. Berg, Jr.,
Copy served upon Applicant, The Planning
Department and City Attorney.
Public Works
By: ` ,.I~.~AI .7~!~~~Jv v Dated: ~lll~1G (~ ~ ~-
Clty Clerk's Office
Z:\WorklMVVleddiunVNeddian 16360M\Cufarelli Subdivision No. 2 PP-04003\Ff~]sOrc1PP.dac
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT
CAFARELLI SUBDIVISION N0.2 / (PP-04-003)
Page 11 of 1 I
VOTED~~
VOTED~~
VOTED~~.
VOTED `-