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Somerton Business Park Subdivision No. 1 FP-10-009BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: DECEMBER 7, 2010 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF TWO (2) BUILDING LOTS ON 3.9 ACRES OF LAND FOR SOMERTON BUSINESS PARK SUBDIVISION NO. 1 CASE NO. FP-10-009 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT BY: OVERLAND 16, LLC APPLICANT This matter coming before the City Council on December 7, 2010 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Department and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SOMERTON BUSINESS PARK SUBDIVISION NO. 1, LOCATED IN THE NW '/ OF SECTION 20, T.3N., R.IE., B.M. MERIDIAN, ADA COUNTY, IDAHO, 2010, HANDWRITTEN DATE: 11/03/10, MICHAEL E. MARKS, PLS, SHEET 1 OF 2," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMERTON BUSINESS PARK SUBDIVISION NO. 1 (FP-10-009) Page 1 of 3 City Council from the Planning Department and the Development Services division of the Public Works Department dated December 7, 2010, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. 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- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMERTON BUSINESS PARK SUBDIVISION NO. 1 (FP-10-009) Page 2 of 3 eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. l ~ By action of the City Council at its regular meeting held on the ~ 7'^' day of ~ , 2010. By: ~y~~,C~c~%~. Tammy~eerd ~,,,, ~ ~ ~ ~„r,,,,~~ Mayor, of Meridian Attest: ~`'_{ fl' M'~~O ~~~''% • ,~ q ,~ v~ ~oR~~ rFO y -; aycee man SEAL City Clerk = 9G ~.`~~~ -9 Copy served upon the Applicant, Plafit~i~g„l~~p~ment, Public Works Department, and City Attorney. gy, Dated: ~Pr~rn t~C~ (~ ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SOMERTON BUSINESS PARK SUBDNISION NO. 1 (FP-10-009) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: December 7, 2010 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 E IDIAN~-~- IDAHO SUBJECT: FP-10-009 -Somerton Business Park Subdivision No. 1 I. APPLICATION SUMMARY & LOCATION The applicant, Overland 16, LLC, has applied for approval of a final plat consisting of 2 building lots on 3.9 acres of land for Somerton Business Park Subdivision No. 1. The preliminary plat (PP-10-006) was reviewed and recommended for approval by the Commission on November 4th. The preliminary plat is scheduled to be reviewed by City Council on December 7th along with the subject application. The preliminary plat consists of 5 building lots on 13.19 acres of land. Staff has reviewed the proposed final plat for consistency with the proposed preliminary plat in accord with UDC11-6B-3C and found it to be in substantial conformance as the number of building lots is the same. The proposed subdivision is located on the southeast corner of E. Overland Road and S. Locust Grove Road, in the NW % of Section 20, T. 4N., R. lE. II. STAFF RECOMMENDATION Staff recommends approval of the Somerton Business Park Subdivision No. 1 fmal plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ-00-004), rezone (RZ-10-006), development agreement required with RZ-10-006, preliminary plat (PP-10-006), conditional use permit (CUP-10-011), and design review (DES-10-044) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on this final plat within two (2) years of the date of approval of the preliminary plat (December 14, 2012), the preliminary plat shall become null and void unless a time extension is obtained in accordance with UDC 11-6B-7C. 3. Prior to submittal for the City Engineer's signature, the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 4. Revise the plat prepared by Michael E. Marks, stamped on November 3, 2010, prior to signature of the fmal plat by the City Engineer, as follows: a. Note #8: Include the recorded instrument number. b. Depict a cross access easement to the office development to the east for future interconnectivity. c. Depict a public use easement on the plat in areas where the sidewalk along Locust Grove & Overland is located on the subject property and not within the right-of--way. d. Depict all needed easements for Public water and sewer of the face of the plat and include any recorded instrument number. Somerton Business Park Sub 1 FP.doc PAGE 1 EXHIBIT A 5. Revise the landscape plan prepared by Harvest Design, dated 10/29/10, submitted with this application, as follows: a. Remove the curb cut to Locust Grove and depict landscaping and sidewalk in this area. b. If internal landscaping and buffers to residential uses are shown on the plan that are not required with the final plat, please show these areas in a lighter ink to differentiate between landscaping required the plat and landscaping required with development of each lot, or remove entirely. 6. If permanent perimeter fencing is not installed around the perimeter of the site, temporary construction fencing is required to be installed prior to issuance of building permits to contain debris during construction. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. IV. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, fmal plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. 5. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20-foot easement for all public water/sewer mains (new or existing) outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to any construction plan approval. 8. The applicant will be required to abandon any services that are not utilized with final construction. Contact Meridian Public Works for requirements. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 11. Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. Somerton Business Park Subl FP.doc PAGE 2 EXHIBIT A 12. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 13. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 14. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 15. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1- 4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 17. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 18. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. V. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 10/27/10) C. Proposed Final Plat (dated: 11/3/10) D. Proposed Landscape Plan (dated: 10/29/10) Somerton Business Park Subl FP.doc PAGE 3 Exhibit A -Vicinity Map EXHIBIT A Somerton Business Park Subl FP.doc PAGE 4 EXHIBIT A Exhibit B -Preliminary Plat (dated: 10/27/10) 0 c ~,.. ~~.~,~~°LYi. ~n ~~ - -~ m _ _ .... _ -. _ ~q$ I~M.V lUl sa o.w K {p51NC ru~v. 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IOHI rOa ftlM alYL aIHS I0r TFaap(1TaaBawf ~6aa®arvraf MA r,a1 mMr aan '~ t w:e®aaavq as n~mar ®a.Misrat saa amn 4e SI °~qei/~ ratan o'er OVERLAND 16, LLC i B[vanvr6 7p(~ NEAIDVIL p +~IOJ o JOB ND. t~a24 ft e. ~~ ~mE7, 1~ pFa Somerton Business Park Subl FP.doc PAGE 6 EXHIBIT A Exhibit D -Proposed Landscape Plan (dated: 10/29/10) ;ate ~ e. ovEw.wo ~ , _ ~ - _ .._ . ~~ I ~ ~ ~~ ~_ I ..4 « , I ~ I ~ ~ ~~ ~~ ~ ~- . i 1i ~~ ..,,,.,._ - ~ ~ ,"' \ ~ I~ ~ o ~^ o I .LANDSCAPE PLANTING PLAN SCAR: I `-30' 2. DEGIDUOUS~TREE~ PLANTING DETAIL 3. SI-IRUB PLANTING DETAIL ~ o 5.LANDSGAPE NOTES .~...e.............~....~.~.... 1. ENTITLEMENTS CHECKLIST L-L~ 4. EXTRUDED CURB AND S Uf~AGE HEIGHT DETAIL 3 0 ~ ~@G W p ` ~ i °6~~ ~85~ zed ~i~ ...~ i L$-1 Somerton Business Park Subl FP.doc PAGE 7 6. PLANTING MATERIAL p ~~ _ _ _ -