Subdivision Staff Report

Transcription

1 Subdivision Staff Report Subdivision Name Birmingham Place File Number SUB Subdivision Approval Preliminary/Final Plat Lead Agency Boise City Annexation Date December 3, 1962 Comp. Plan Complies Public Hearing Date October 3, 2006 Heard by Boise City Planning and Zoning Planning & Zoning Commission Approval July 17, 2006 Analyst Todd Tucker Description: This is a proposed single family residential subdivision with 16 buildable lots and one common lot on 1.75 acres. The density of the subdivision is 9.41 lots per acre. The subject property has been rezoned from R-1B to R-1MD by CAR The subject property is currently improved with a single family residence and several accessory buildings. Location: The subject property is located at the northwest corner of West Targee Street and South Orchard Street. Contents: Basis for Recommendation Vicinity map Preliminary Plat Final Plat Aerial Map Recommended Conditions of Approval Technical Review and Agency Comments

2 2 of 20 Basis for Recommendation The Boise City Planning and Zoning Commission recommended approval of the Preliminary/Final Plat of the Birmingham Place Subdivision on July 17, The plat design and layout is in conformance with the Comprehensive Plan and complies with the basic requirements of the Boise City Subdivision and Zoning Ordinances. Conditions 1-3 Condition 4 Condition 5 Condition 6 These conditions address the common lot and ingress/egress easement requirements. This condition addresses the required landscape buffer. This conditions requires the demolition of the existing dwelling and all out structures located at 5004 West Targee Street. This condition addresses the on street parking requirements as per the International Fire Code. Staff Perspective General The recommended conditions of approval are required to bring the proposed Preliminary/Final Plat into compliance with City and State Codes and have been confirmed by the Planning and Development Services Department. Staff has reviewed the agency comments and Staff recommends approval based upon Staff's finding that all concerns of the commenting agencies have been addressed. To avoid potential problems the developer is directed to review the concerns identified in the technical reviews to verify that this statement is correct. Street Connectivity: The subject property is bordered on the north and west by developed single family residential lots. In addition, the applicant is not proposing to dedicate any new rights-of-way. As such, there is no opportunity to extend any stub streets to adjacent properties. Sidewalk Design: Both W. Targee Street and S. Orchard Street are improved with five foot wide attached sidewalks. As previously mentioned, there are no new streets proposed. None known. Conditions in Dispute

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7 3 of 20 Recommended Conditions of Approval Special Conditions and Plat Notes 1. Vehicular access for Lots 1-4 and of Block 1 shall be from the common lot (Lot 5, Block1). 2. Vehicular access for Lots 6-11 of Block 1 shall be from the private ingress/egress easement. 3. The plat shall include delineations that describe the boundaries of a perpetual ingress/egress easement as indicated on the plat for Lots 1-4 and 6-17, Block 1. A. Plat Note Requirements: Notes on the face of the final plat are required: 1) Which state, "Vehicular access to Lots 1-4 and 6-17, Block 1, shall be provided from the common lot (Lot 5) and the private ingress/egress easement and not from W. Targee Street or S. Orchard Street; and, 2) Which set forth the legal description of the access and convey to those lot owners taking access from the common lot and easement(s), the perpetual right of ingress and egress over the described driveway, and provides that such perpetual easement(s) shall run with the land. B. Covenant Requirements: A restrictive covenant or other similar deed restriction(s) acceptable to the Boise City Attorney shall be recorded at the time of recording the plat which provides: 1) For the perpetual requirement for the maintenance of the driveway(s) and cross access easements, and 2) That said restrictions shall run with the land, and that said easement(s) and restrictions shall be reviewed and approved by the Boise City Attorney. 4. Prior to signing of the final plat by the Boise City Engineer, the plat shall include landscaped buffers along collectors and arterials as specified in section K of the Boise City Subdivision Ordinance. A. Design: A detailed landscape plan that is drawn in conformance with Section I (Landscaping) of the subdivision ordinance, shall be submitted to, reviewed and approved by the Planning Department and Forestry Division, prior to signature of the final plat by the Boise City Engineer. It shall be drawn in compliance with all "Development Standards" listed in the document, "A Guide to Creating Water-Efficient Landscapes," and shall provide all information needed to determine compliance with said ordinance and document.

8 4 of 20 B. Construction: Developer/owner may either construct the landscape area prior to final platting or post bond/agreement in the amount of 110% of the estimated costs with the Planning and Development Services Department prior to signing of the final plat by the Boise City Engineer. Construction of the landscape shall be in conformance with approved design plans. 5. Demolition of the existing dwelling and all out structures located at 5004 W. Targee Street is required prior to the City Engineer signing the Final Plat. In addition, a Demolition Permit is required to be obtained and finaled. 6. For streets having a width less than 36 feet back of curb to back of curb parking shall be restricted on (1) one side; for streets having a width less than 29 feet back of curb to back of curb parking shall be restricted on both sides; and for standard ACHD cul-de-sacs parking shall be restricted on both sides. A note on the face of the Final Plat is required noting the parking restriction prior to signing of the Final Plat by the Boise City Engineer. Covenant Requirements 7. Covenants, homeowners association by-laws or other similar deed restrictions acceptable to the Boise City Attorney, which provide for the use, control and maintenance of all common areas, storage facilities, recreational facilities or open spaces shall be reviewed and approved by the Boise City Attorney. Erosion Control Requirements 8. Prior to the City Engineer's Certification of the Final Plat and prior to earth disturbing activities, an erosion and sediment control (ESC) permit must be obtained. An ESC plan conforming to the requirements B.C.C. Title 8 Chapter 17, is to be submitted to the Director of Planning and Development Services for review and approval. No grading or earth disturbing activities may start until an approved ESC permit has been issued. 9. An individual who has attended the Boise City Responsible Person (RP) certification class, or has obtained Interim Certification for Responsible Person is not identified for this project. A permit will not issue until such time as the name and certification number of the RP has been provided to Boise City. This information can be faxed to or ed to swebb@cityofboise.org. Drainage & Irrigation Conditions 10. Subdivision drainage shall be in accordance to B.C.C E. The developer shall submit a letter from the appropriate drainage entity approving the drainage system or accepting the drainage there from; or submit a letter from a registered professional

9 5 of 20 engineer certifying that all drainage shall be retained on-site. A copy of the construction drawing(s) depicting all site drainage improvements shall be submitted with the letter. A. Developer may either construct improvement prior to final platting or post bond in the amount of 110% of the estimated construction costs. Estimated construction costs shall be provided by the developer's engineer. B. For drainage facilities located outside of the public right-of-way, the developer shall dedicate a storm drainage easement. Said easement shall be labeled as either an Ada County Highway District storm drainage easement or a homeowners association storm drainage easement, depending on what entity will assume responsibility for the operation and maintenance of the storm drainage system. C. Should the homeowners association be responsible for the operation and maintenance of the storm drainage facilities, covenants, homeowners association by-laws or other similar deed restrictions acceptable to the Boise City Attorney shall be reviewed and approved by the Boise City Attorney. 11. Comply with Idaho Code Section and Boise City Code Section J concerning pressure irrigation requirements prior to signing of the Final Plat by the Boise City Engineer. A. The owner or person, firm or corporation filing the subdivision plat shall provide a pressurized irrigation system. The system must conform to the minimum design standards and specifications of Boise City or of the entity that will operate and maintain the system, if that entity has published standards. Fees: Developer and/or owner shall pay the current inspection and plan review fees on the proposed subdivision prior to signing of the Final Plat by the Boise City Engineer (B.C.C ). B. Developer may construct prior to final platting or bond in the amount of 110% of the estimated construction costs. C. Prior to either commencing construction or signing of the final plat by the Boise City Engineer, developer shall: 1) Submit construction plans and specifications for the pressurized system, stamped by a registered engineer, to the Department of Public Works and acquire approval there from. 2) Provide written assurance that provisions have been made for ownership, operation, and maintenance of the system. 3) Delineate all necessary irrigation easements on the Final Plat (B.C.C F).

10 6 of 20 D. Developer shall provide for an independent inspection of the installation of irrigation facilities and written certification by the design or project engineer that the system was installed according to the approved plans. In addition, the Department of Public Works must be present for the system pressure test and participate in a final inspection. 12. No ditch, pipe or structure for irrigation water or irrigation waste water shall be obstructed, rerouted, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the ditch company officer in charge. A. A copy of such written approval by the ditch company officer shall be filed with the construction drawing and submitted to the Department of Planning and Development Services prior to signing of the Final Plat by the Boise City Engineer (B.C.C F.2). 13. Fence, cover or tile all irrigation ditches, laterals or canals and drains, exclusive of natural waterways, intersecting, crossing or lying adjacent to the subdivision prior to final platting or post bond in the amount of 110% of the estimated improvement cost with the Boise City Planning and Development Services Department. "Adjacent" is defined by the Boise City Code as "located within less than sixty feet (60') of any lot included in the development." A. Any covering or fencing program involving the distribution of any irrigation district shall have the prior approval of the affected district. B. If the developer requests a water amenity, such request shall comply with B.C.C F.5. C. Fencing shall be installed within 90 days of the issuance of the first building permit in the development, if building permits are obtained prior to completion of fencing improvements. Sewer Conditions 14. Wet line sewers are required. The developer shall provide Boise City Public Works Department with a letter from the Bench Sewer District stating that sewer has been installed and has been accepted for service or provide evidence, by way of contract or other means, which assures sewer service will be provided and that the necessary bonding is in place to assure completion of said sewer. (B.C.C D.). Street Light Conditions

11 7 of Developer shall delineate on the face of the Final Plat a Boise City street light easement, acceptable to the Boise City Department of Public Works, for the purpose of installing and maintaining city-owned street light fixtures, conduit and wiring lying outside the dedicated public right-of-way (B.C.C F). 16. The developer shall be required to install, at their expense, street lights in accordance with Boise City Public Works specifications and standards at locations designated by the Public Works Department (B.C.C H). Plans shall be reviewed and approved by the Boise City Public Works Department prior to commencement of construction, bonding, or payment into trust fund. Fees: Developer shall pay the current street light inspection and plan review fees on the proposed subdivision (B.C.C ). A. The street lights shall be installed and accepted by the Boise City Public Works Department at the following locations. Unless otherwise noted, street lights shall be installed at a 25-foot minimum mounting height, 100 W.H.P.S. 1) S.E. Corner of Lot 4, Block 1 2) N.W. Corner of Lot 13, Block 1 3) N.E. Corner of Lot 17, Block 1 30 minimum mounting height, 250/400 W.H.P.S. B. If bonding approval is granted by the Boise City Public Works Department, developer may bond in the amount of 110% of the estimated street light costs. Street lights shall be installed within 90 days of the issuance of the first building permit in the development, if building permits are obtained prior to completion of street light improvements. General Conditions 17. The developer shall make arrangements to comply with all requirements of the Boise City Fire Department and verify in one of the following ways: A. A letter from the Boise City Fire Department stating that all conditions for water, access, and/or other requirements have been satisfied, B. A non-build agreement has been executed and recorded with a note on the face of the Final Plat identifying the instrument number. NOTE: OR

12 8 of 20 1) No Parking signs and curb painting shall be required on streets having a width less than 36-feet, back of curb to back of curb. Contact the Boise City Fire Department for sign placement and spacing. Developer may either construct prior to final platting or post bond in the amount of 110% of the estimated costs with the Boise City Planning and Development Services Department. 18. The name, Birmingham Place Subdivision, is reserved and shall not be changed unless there is a change in ownership, at which time, the new owner(s) shall submit their new name to the Ada County Engineer for review and reservation. Should a change in name occur, applicant shall submit, in writing, from the Ada County Engineer, the new name to the Department of Planning and Development Services and re-approval by the Council of the "revised" Final Plat shall be required. Developer and/or owner shall submit all items including fees, as required by the Planning and Development Services Department, prior to scheduling the "revised" Final Plat for hearing. 19. Correct street names as approved by the Ada County Street Name Committee shall be placed on the plat (I.C. Title 50, Chapter 13). 20. A letter of acceptance for water service from the utility providing same is required (B.C.C C). 21. Developer shall provide utility easements as required by the public utility providing service (B.C.C F). 22. Developer shall provide a letter from the United States Postal Service stating, "The Developer and/or Owner has received approval for location of mailboxes by the United States Postal Service." Contact: Dwight Douvia, Postmaster 770 S. 13th St. Boise, ID Phone No. (208) FAX No. (208) Approval of sewer and water facilities by the Central District Health Department is required (I.C. Title 50, Chapter 13). 24. Developer shall comply with all construction standards of Ada County Highway District including approval of the drainage plan, requirements for installing curb, gutter, sidewalks and paving throughout the subdivision as specified by the Boise City Council. Signature by the Ada County Highway District on the plat is required (I.C. Title 50, Chapter 13).

13 9 of A letter from the appropriate school district is required stating, "The Developer has made arrangements to comply with all requirements of the School District." 26. Prior to submitting the Final Plat for recording, the following endorsements or certifications must be executed: Signatures of owners or dedicators, Certificate of the Surveyor, Certificate of the Ada County Surveyor, Certificate of the Central District Health Department, Certificate of the Boise City Engineer, Certificate of the Boise City Clerk, signatures of the Commissioners of the Ada County Highway District and the Ada County Treasurer (I.C. Title 50, Chapter 13). 27. Developer shall comply with B.C.C D.2 which specifies the limitation on time for filing and obtaining certification. Certification by the Boise City Engineer shall be made within two years from date of approval of the Final Plat by the Boise City Council. A. The developer may submit a request for a time extension, including the appropriate fee, to the Boise City Planning and Development Services Department for processing. Boise City Council may grant time extensions for a period not to exceed one year provided the request is filed, in writing, at least twenty working days prior to the expiration of the first two year period, or expiration date established thereafter. B. If a time extension is granted, the Boise City Council reserves the right to modify and/or add condition(s) to the original preliminary or Final Plat to conform with adopted policies and/or ordinance changes. C. The Final Plat shall be recorded with the Ada County Recorder within one year from the date of the Boise City Engineer s signature. If the Final Plat is not recorded within the one-year time frame it shall be deemed null and void. 28. No building permit for the construction of any new structure until the Final Plat has been recorded pursuant to the requirements of the Boise City Subdivision Ordinance, Section A This subdivision is approved for 16 buildable lots and one common lot.

14 10 of 20 Technical Review and Agency Comments Boise City Planning and Development Services: Subdivision Section David Abo Staff has reviewed the Preliminary Plat and noted that all proposed lots conform to the minimum dimensional standards of the R1-M Zoning District. A perpetual ingress/egress access easement shall be recorded and shown on the plat which will provide access to all buildable lots within the subdivision. The subject property abuts W. Targee Street and S. Orchard Street. W. Targee Street is identified as a collector street and S. Orchard Street is identified as an arterial street. Section K.1.b. of the Subdivision Ordinance requires that landscaped buffer areas shall be provided along single family residential lots whose property lines are adjacent and parallel to collector and/or arterial streets. As such, the Preliminary and Final Plats must be revised to show landscape buffering that complies with Section K. of the Subdivision Ordinance. Comprehensive Planning and Zoning Section Angie Brosius Boise City Comprehensive Plan This project is located in the Central Bench Planning Area of the Boise City Comprehensive Plan. There are no goals, objectives or policies for this planning area that apply to this application. Chapter 7, Community quality Section 7.1 Housing Objective 1, Policy 5: Encourage construction of compatible infill housing in existing single-family neighborhoods by applying the design criteria established in Section 7.2. Section 7.2 Community Design Objective 1, Policy 6: Develop and implement an alternative neo-traditional zoning code. Objective 2: Ensure through urban design the development of new residential structures that are functional and aesthetically pleasing. Policy 1: Establish zoning allowances for single-family dwelling units that minimize garage-dominated street scenes by considering one or more of the following design alternatives: a) Reduced setbacks for side-entry garages; b) Reduced setbacks for units that project the structure of a house in front of the garage;

15 11 of 20 c) Incentives and special allowances for alley loading. Policy 4: Require that residential street scenes provide variety and modulation in design and placement of homes. Objective 3: Provide for the protection of character and the enhancement of services in existing residential neighborhoods. Policy 1: Require that all new residential development in existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the following criteria: a) Use of complimentary setbacks, building heights, grade elevations, orientation, bulk, building materials, colors and forms, while allowing flexibility for distinctive design solutions; b) Maintenance of privacy. Policy 3: Pursue a variety of strategies and programs to prevent disinvestment from occurring in the older parts of the community, including but not limited to: promotion of home ownership and a variety of housing opportunities, protection of neighborhood character and maintenance of high quality services and public facilities. CHAPTER 8 LAND USE Goal 8.0: Achieve a city that minimizes suburban sprawl, that provides for a diverse mixture of life-styles and atmospheres and a sense of place that varies throughout the different areas of the City, and that efficiently provides basic services and facilities in close proximity to where people live. Objective 8.1: The land-use map and attendant policies shall be the official guide for development of the planning area and shall be implemented through zoning and development review. Policy 8.1.1: The Land Use/Zoning Consistency Matrix shall identify the zoning districts that are permissible within each land-use designation. Conformance with the Land Use/Zoning Consistency Matrix shall be a necessary finding of approval for all zone changes and conditional uses, unless one or more of the forms of flexibility identified in the policies under Objective 2 are implemented. Policy 8.1.2: Zone change requests that are consistent with the Land Use/Zoning Consistency Matrix and the policies of the Comprehensive Plan, should be approved by the City pursuant to appropriate findings related to service levels and other requirements of the comprehensive plan. Policy 8.1.3: The land-use map residential land-use density designations are based on

16 12 of 20 gross acreage and intended to define general overall densities for a planning area rather than for individual parcels. Policy 8.1.4: The land use map residential density designations are generalized descriptions of the type of development that is considered appropriate for a broadly defined area based upon current and anticipated zoning, land use, lotting and street patterns. The Townlot and lower density land use designations generally define a mid-point in the range of allowable densities permitted by the implementing zones depicted in the Land Use/Zoning Consistency Matrix and do not automatically disallow either lower density development nor higher density development up to the maximum allowed in the applicable zone by the Planned Unit Development and Infill Density Bonus provisions. The Medium and High Density designations define the upper limit of the allowable density, with the exception that Infill Density Bonus provisions may still be added to the density. Boise City Zoning Ordinance Section Purpose of R-1A, R-1B and R-1C Districts It is the purpose of the R-1A, R-1B and R-1C District Classifications to provide various regulations and districts for predominantly single family residential uses within the urban community. Land may be classified to these respective classifications in conformity with the goals and objectives of the Comprehensive General Plan, for location, topographic or other reasonable purposes to guide the physical growth and stability of the City. Section A Purpose of the R-1M District It is the purpose of the R-1M zone to: a) provide for the development of diverse urban housing products at a net density of approximately 8 to 12 units per acre; b) promote pedestrian-oriented development; c) promote high quality architectural design; d) encourage development generally consistent with the features of new urbanism as defined in the Boise Comprehensive Plan; and e) allow developer to achieve housing that meets these purposes with a minimal review process. Section Lot Requirements, Density Limitations, Height Limits Uses within each residential district shall be subject to certain dimensional restrictions including minimum lot area, lot width, street frontage, building setbacks from property lines and maximum structure height. Table 2 sets forth the lot, yard,

17 13 of 20 density and structure height requirements in the residential districts. (BCC Reenacted Ord. 5302, 4/2/91) Section General standards K. Special Standards for the R-1M District: 1. Each attached unit must have 1.5 parking spaces, one of which must be covered. The required covered parking must be located at the rear of the property and be accessed by an alley. Other parking must be located at least 10 feet behind the front facade of the units. 2. Each detached unit must have two parking spaces with at least one space covered. Parking shall be located either at the rear of the lot and be accessed from an alley, or must be located at least 10 feet behind the front facade of the home and be accessed by a driveway that, for the portion in front of the home, is no more than 12 feet wide. 3. Tandem parking may be permitted. 4. All units must have a front door visible from the street and a sidewalk to the front door from the street. Dwelling units located on a street corner may have these features on the exterior side of the building. Where feasible, a separated sidewalk with a landscape strip is preferred. 5. Each attached unit must have a facade or roof treatment that distinguishes it from the other attached units. Architectural treatments used to achieve this may include individual pitched roofs, modulated facades, porches, different siding materials and colors, dormers and pop-outs, vertical windows or other mechanisms that add interest to the structure and highlight the difference e between units. These architectural treatments may also be used to demonstrate acceptable design for single family detached units. 6. All units must be provided with either individual on-site (backyard/courtyard) or common area open space equal to 10% of the net lot area per unit. The minimum dimension for open space area shall be twelve (12) feet and may not be located within required setback areas, except in the case of 0' lot line developments where interior side yard setback areas may be counted into the open space. Common area open space may not be closer than five (5) feet to any opening in a dwelling unit. Decks and balconies shall not constitute open space. 7. One deciduous tree of at least 2-inch caliper (or 6 feet tall for evergreens) shall be planted in front of each attached or detached unit. The Urban Forester shall be consulted for species selection. Building Section Marlene Southard Demolition of the existing dwelling and all out structures located at 5004 W. Targee Street is required prior to the City Engineer signing the Final Plat. A

18 14 of 20 Demolition Permit is required to be obtained and finaled. Contact the Planning and Development Services Department Permit Desk at to obtain the necessary permit. Sediment and Erosion Control Steve Webb An erosion and sediment control plan (ESC) conforming to the requirements B.C.C. Title 8 Chapter 17 is to be submitted to the Director of Planning and Development Services for review. No grading or earth disturbing activities may start until approval of the ESC plan has been received and an ESC permit issued. An individual who has attended the Boise City Responsible Person (RP) certification class, or has obtained Interim Certification for Responsible Person is not identified for this project. A permit will not issue until such time as the name and certification number of the RP has been provided to Boise City. Boise City Public Works: Drainage/Hillside - Terry Records Standard drainage condition. Engineering Rob Bousfield No comment. Pressure Irrigation - Kent Johnson An irrigation waiver has been requested; however, it has not been approved as of this report. As such, compliance with Idaho Code, Section and Boise City Code Section J is required. Sewer - John Johnson The property is located within the Bench Sewer District. Street Lights - Henry Alarcon Three street lights required. Boise City Fire Department David Miller The Boise Fire Department has reviewed this application and can approve the Preliminary & Final Plat with the following conditions. Any deviation from this plan is subject to Fire Department approval. Specific Requirement: Fire Department vehicular access shall be provided to within 150' of all portions of the nonsprinklered buildings. This distance can be increased somewhat for sprinklered buildings but exact distances are on a case-by-case basis. All Fire Department access roads, fire lanes, bridges, and gates are to be a minimum of 20' wide with 13' 6" overhead clearance, shall be capable of supporting 70,000 lbs GVW (24,000 lbs per axle), and shall be paved. Fire Department access roads and fire lanes shall have a minimum outside turning radius of 48' with an inside radius of 28'. Any dead-end road in excess of 150' needs a Fire Department approved turnaround. No grade may exceed 10% (please note that fire apparatus are designed for a maximum 6% grade). Dead end roads are prohibited from exceeding 700 feet. Width and turning radius measurements specified by this paragraph can include those surfaces vehicles

19 15 of 20 generally drive upon. Specifically, gutter and rolled curb are generally considered useable, while vertical curb or sidewalks are not. Specific Requirement: For streets having a width less than 36 feet back of curb to back of curb parking shall be restricted on (1) one side; for streets having a width less than 29 feet back of curb to back of curb parking shall be restricted on both sides; and for standard ACHD cul-de-sacs parking shall be restricted on both sides. A note on the face of the final plat is required noting the parking restriction prior to signing of the final plat by the Boise City Engineer. Specific Condition: Streets must be marked accordingly. Specific Requirement: Maximum hydrant spacing for this project is 500 feet between hydrants. Specific Condition: No fire hydrants have been noted. In the absence of information on existing hydrants, it appears that about 3 new hydrants will be needed. However, we reserve the right to modify requirements as more information comes to light. Variables affecting hydrant numbers and location include, but are not limited to, area, construction type, existing hydrants, accuracy of information provided in the application, strategic location for fire fighting forces, and required fire flow. New hydrants must be "non-private" installations. General Requirement: Fire Department required fire hydrants, access, and street identification shall be installed prior to construction or storage of combustible materials on site. Provisions may be made for temporary access and identification measures. Specific building construction requirements of the International Building Code, International Fire Code, and Boise City Code will apply. However, these provisions are best addressed by a licensed Architect at building permit application. Boise City Parks Department Cheyne Weston No comments received. Boise Airport Matt Petaja, June 12, 2006 Boise Airport staff opposes any residential density increase in the Airport InfluenceArea. This project is located within the Airport Influence Area A, which is affected by sound levels in the DNL and/or aircraft traffic patterns below 1,000 feet. Standard conditions of approval are contingent upon an avigation easement executed on the entire property. All new structures located within the overlay area are required to meet the

20 16 of 20 sound attenuation standards of a minimum noise level reduction (NLR) of 25db in noise sensitive areas of the facility. In addition, airport staff request: The avigation easement and developer s proposed marketing disclosure be recorded on the subdivision plat; Sound attenuation standards of a minimum noise level reduction (NLR) of 25 db; That the Covenants, Conditions and Restrictions contain provisions addressing the following: That the attached Marketing Disclosure Statement be presented to potential buyers (each and every time the property is shown in perpetuity; That the attached Right to Conduct Activities Acknowledgement be included and signed off at the closings in perpetuity; and, That the Marketing Disclosure Statement and Right to Conduct Activities Acknowledgement be included in all covenants, conditions and restrictions for the subdivision. MARKETING DISCLOSURE All prospective buyers of this property should be aware that the property is presently located in the vicinity and flight path of an airport within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example noise, vibration, dust, fuel particles, lights, aircraft and other machinery or odors). Individual sensitivities to those annoyances can vary from person to person, so you may wish to consider what airport annoyances, if any, are associated with the property before you complete you purchase and determine whether they are acceptable to you. You should also be aware that the deed conveying title will restrict certain uses of the property and prohibit challenging the operations referenced above, so long as they are lawfully conducted. RIGHT TO CONDUCT ACTIVITIES ACKNOWLEDGEMENT The undersigned acknowledge and agree that the property described in Exhibit A is located in the vicinity and flight path of the Boise Airport. This is an area in which commercial, private, and military flight operations are on-going. Such operations include, but are not limited to: overflight and take-off and landing of aircraft, noise, vibrations, odors and fumes, dust, fuel particles, lights, aircraft and other machinery inn the nighttime hours and other inconveniences. Each of the undersigned acknowledges that they understand and acknowledge the inconveniences that will arise from these lawfully conducted operations and accept such inconveniences as part of living in this area. Each of the undersigned further acknowledges that the deed conveying title will contain an avigation easement with restrictions that will prohibit challenging the operations referenced above if they are lawfully conducted. Dated:

21 17 of 20 While Airport staff opposes any increase in density, the above noted avigation easements, plat recordings, disclosure and acknowledgement statements, and appropriate sound reductions as requested conditions of approval, may adequately address our noted concerns. Ada County Highway District Andrew Mentzer, June 14, 2006 The Ada County Highway District has reviewed you application for the above referenced development and determined the following FINDINGS OF FACT: All improvements are existing abutting the site for Targee Street. All improvements are existing abutting the site for Orchard Street. This site will generate up to 94 vehicle trips per day with the proposed use. The traffic count for Targee Street (a major collector) west of Orchard on 06/22/2005 is 2,481 VTD. The traffic count for Orchard Street (a principal arterial) north of Targee Street on 11/01/2005 is 15,489 VTD. *The acceptable level of service for a 4-lane minor arterial is D 28,000 VTD. *The acceptable level of service for a 2-lane major collector is D 8,500 VTD. SITE SPECIFIC CONDITINS OF APPROVAL: The site s primary access, intersection Targee Street approximately 150-feet west of the east property line, should be approved where propose as per the following policy requirements: District policy 72-F4 (2) requires driveways located on collector roadways near a stop controlled intersection to be located a minimum of 150-feet from the intersection for a full-access driveway and a minimum of 110-feet from the intersection for a right-in/right-our only driveway. No access may be taken from Orchard Street or Targee Street except for the driveway specifically approved above. STANDARD CONDITIONS OF APPROVAL: Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 (with file number) for details. Comply with the District s Tree Planter Width Interim Policy.

22 18 of 20 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District s Utility Coordinator at (with file numbers) for details. 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 specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the rightof-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE ( ) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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. 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 a waiver/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. Applicant should comply with the following CONCLUSIONS OF LAW: The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development.

23 19 of 20 Ada County Street Name Committee, June 15, 2006 The following existing street names shall appear on the plat: W. TARGEE ST S. ORCHARD ST Central District Health Department Malcohm McGregor After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. The following plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: A. Central Sewage B. Central Water Street runoff is not to create a mosquito breeding problem. STORMWATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) Stormwater Best Management Practices Guidebook Prepared by the Boise City Public Works Department, May ) State of Idaho Catalog of Stormwateter Best Management Practices for Idaho Cities and Counties Prepared by the Idaho Division of Environmental Quality, July New York Irrigation District No comments received. Independent School District of Boise City #1 Sarah Stobaugh, June 13, 2006 At the present time, the Developer and/or Owner have made arrangements to comply with all requirements of the Boise School District. The schools assigned to the proposed project area are: Elementary School: Hillcrest Junior High School: South

24 20 of 20 High School: Borah United States Postal Service - Dwight Douvia, Postmaster The following are the basic conditions requested by the Postal Service. 1. In all new residential areas, service will be provided to Cluster Box Units (CBUs). It will be the responsibility of the contractor to pour a cement pad meeting the required specifications in a location(s) approved by the Postal Service. 2. The clustering of all boxes in one approved area is recommended for multi-family dwellings, e.g., condos, duplexes, triplexes, etc. All locations must still be approved. 3. Infill development, defined as three or less residential lots, may receive the existing mode of delivery as the rest of the neighborhood. All locations must still be approved.