Hal Simmons - Planning Director Iw Boise City Planning and Development Services Department

Transcription

1 - Boise City Hall, 2nd Flwr Phone: 208/ I 150 N. Capitol Boulevard k 208/ I I) 1 3 C c 7 f! 0. Box 500 TDDW. 800/ Boise, Idaho Website: w.cityofboise.org/pds MEMORANDUM TO: FROM: Mayor and Boise City Council Hal Simmons - Planning Director Iw Boise City Planning and Development Services Department DATE: August 28,2007 RE: CAR Franklin Road The following application has been scheduled for September 18,2007. AV-CB, LLC requests a rezone of *15.58 acres h m A-l (Open Land 1 DUIacre) to R-2D (Combined Residential with Design Review 14.5 DUIacre) for property located at W. Franklin Road. The Boise City Planning and Zoning Commission, at their meeting on July 9, 2007 recommended approval of CAR TABLEOFCONTENTS Page 2 Page 4 Page 6 Page 8 Page 11 Page 44 Page 53 Page 57 Page 70 summary Boise City Planning & Zoning Commission Action Letter dated, July 10, 2007 Vicinity Map Minutes from July 9, 2007 P&Z Hearing Staff Report dated July 9, 2007 Rezone Application Agency Comments ACHD Staff Report Correspondence

2 CAR074W36 Mayor and Boise City Cmneil I September 18, of3 SUMMARY The applicant is requesting of a rezone of acres h m A-1 (Open Land I 1 DUIacre) to R-2D (Combined Residential with Design Review 14.5 DUIacre). The Boise Civ Comprehenn'w Plan Land Use Map designates the site as "Medium Density Residential (15 DUIacre)." Other permissible zones are R-1 A, R-lB, R-IC, R-lM, N-0, LO, and P-C. Policy of the Boise Civ Comprehensive Pkm states: "Zone change requests that are consistent with the Land Use/Zoning Consistency Matrix and the policies of the Comprehem'w Plan should be approved by the City pursuant to appropriate findings related to service levels and other requirements of the comprehensive plan." The existing A-1 zone allows 1 DUIacre. The purpose of the A-1 zone is to provide a zoning district within the City for low density residential use and land uses requiring larger land areas for development such as parks, schools, golf courses, agriculture, and rural residential neighborhoods. The R-2 zone allows 14.5 DU/acre. The purpose of the R-2 district is to accommodate the need for medium density residential uses within the City creating medium density residential zones on the periphery of more intensive land use areas and to intersperse limited garden type apartments while creating balanced residential zoning patterns within the City. The proposed R-2D zone is in compliance with the above purpose statement and land use map designation. Objective indicates that residential land-uses shall be designated to provide a variety of housing densities, product types and affordable costs, and shall be located and distributed in a manner that is compatible with adjacent uses. The rezone will allow for compatible development with the surrounding uses. The intent of the applicant is to construct 168 attached singlefamily patio homes. St& finds that compatibility of the subject property with its surroundings will be maintained and preserved with the approval of this request. The subject property is vacant md available for development. The acre undeveloped site is located at the eastern boundary of the City of Meridian. To the north there is an electrical substation and light industrial uses, to the west vacant land and a large senior living facility, and to the east, singlefamily homes. The property to the south slopes upward to the Ridenbuagh Canal and then to singlefamily homes (Edge View Estates). The property is located within the boundaries of the West Bench Planning Area as designated on the Land Use Map of the Boise City Comprehensive Plan. The property is not within a platted subdivision or within a registered Neighborhood Association. Objective states that development should only occur when adequate public facilities and infrastructure are available andlor financially guaranteed. The facilities necessary to support development are either in place or proposed for future construction. Sewers are available in an easement at the southwest comer of Monsanto Street. Boise City Fire Station # 11 is located on Executive Drive, between Fairview Avenue and Franklin Road and is within a 1.5 mile radius fiom the site and within a 4 minute response time.

3 CAR Mayor and Boise City Council I September 18,2007 3of3 According to Ada County Highway District, the proposed use will not place an undue burden on transportation and other public facilities in the vicinity. Cloverdale Road is classified as a minor arterial roadway. The acceptable level of service (LOS) for a 2-lane minor arterial is "D (14,000 VTD). The LOS of Cloverdale Road is Better than "C". Franklin Road is classified as a 2-lane principal arterial roadway. The acceptable LOS for this mad is "E" (15,500 VTD). Franklin Road currently Exceeds the LOS "E". Both streets as well as the intersection are scheduled to be widened. ACTION BY THE PLANNING AND ZONING COMMISSION The Commission recommended approval of CAR MAJOR ISSUES & COMMENTS DISCUSSED BY THE NEIGHBORS Two neighbors provided testimony at the public hearing on July 9, Their comments were related to the conditional use permit fot a planned tesidential development with regards to building height, noise, and traffic. There was no opposition to the rezone and the conditional use permit was not appealed.

4 Planning & Development Services July 10, 2007 Bruce D. Cholnerton Director Boise City Hall 150 N Copif01 Boulevard Mailing Addrerr P 0. Box 500 Boise, Idaho AV-CB, LLC 4470 E. Columbia Meridian, ID Phone Re: CAR W. Franklin Road Fox TDDllri Web m.cilyofboire.org/pdr Mayor Dovid H. nieter City Council President Eloine Clegg Coun'il Prore"' Dovid Eberle Vernon L 0i.fcrfeldl Movonne lordon Alon W. 5heoly Ji!" Tibbl Dear Applicant: This letter is to inform you of the action taken by the Boise City Planning and Zoning Commission on your request to rezone f acres fiom A-1 (Open Land 1 DUI Acre) to R-2D (Combined Residential with Design Review 14.5 DU/ Acre) located at W. Franklin Road. The Boise City Planning and Zoning Commission, at their meeting on July 9,2007, recommended to the Mayor and the Boise City Council, approval of the request based on the attached Reasons for the Decision. This application will be considered by the Boise City Council to establish a public hearing date. You will be notified of the established hearing date. If you have any questions, please contact this department at (208) Sincerely, Susan Riggs Planning Analyst I1 Boise City Planning and Development Services Department Attachment cc: Terra Firm, Inc E. State Street /Eagle, ID 83616

5 CAR W. Franklin Road Page 2 of 2 Reasons for the Decision The proposed rezone is in compliance with and supports the goals and objectives of the Boise City Comprehensive Plan. The Boise City Comprehensive Plan Land Use Map designates the site as "Medium Density Residential (15 DUlacre)." Other permissible zones are R-1 A, R-1 B, R- 1 C, R-lM, N-0, L-0, and P-C. Policy of the Boise City Comprehensive Plan states, "Zone change requests that are consistent with the Land Uselzoning 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." The proposed rezone will not place a strain on public services or facilities. All utilities are either in place or readily available to the site. No agencies have responded stating that the proposed rezone will adversely affect the delivery of services. According to Ada County Highway District and the associated traffic study, the proposed use will not place an undue burden on transportation and other public facilities in the vicinity. Franklin and Cloverdale Roads as well as the intersections are schedule to be widened in order to accommodate anticipated future transportation needs. The proposed rezone will allow for compatible development with the surrounding uses. To the north there is a power plant and industrial uses, to the west vacant land and a large senior living facility, and to the east and south are single-family homes. The proposed R-2D zone is compatible with the existing single family homes in surrounding neighborhood. Both zones have the similar setback and height requirements and the yards of the proposed development will match the yards of the adjacent development.

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7 P&2 COMMISSION HEARING CAR07-036, CUP07463 & SUB07449 I AVCB, LLC & COURTYARD CONDOS Page 1 of 3 ITEM 5. CAR / AV-CB, LJX Location: W. Franklin Road REQUESTS APPROVAL TO REZONE ACRES FROM A-1 TO R-2DIDA. ITEM 6. CUP / AV-CB, LLC Location: W. Franklin Road REQUESTS APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A 168 UNIT PLANNED RESIDENTIAL DEVELOPMENT ON L15.58 ACRES LOCATED IN A PROPOSED R-2D/DA ZONE. ltem 6. SUB / COURTYARD CONDOMINIUMS A PROPOSED PRELIMINARY PLAT FOR A CONDOhfIMUM WITH 168 UNITS ON 1 LOT LOCATED AT THE SOUTHWEST CORNER OF S. CLOVERDALE ROAD AND W. FRANKLIN ROAD. Cody Riddle (City Statr): Cody summarized the staff report. The staffrepon was in the Commissioner's Packets. Applicant - Scott Cook - Terra Firma Engineering E. State Street. Placed visuals in ffont of Chair Wilson about the project. Showed a short DVD presentation. There will be 12 and 8 unit buildings and each townhouse unit will have an over all height of 35 feet, they will be a combination of both 3 and 2 bedroom units with 2 and?4 baths in each unit. Each of the units will have an individual elevator provided and there will be a twocar garage, second story deck, private patio on the ground floor and the living area for the units will be on the 2"* and 3* floors. Units square footage will be a little over 1700 square feet. There will be guest parking in front of each of the units plus additional guest parking throughout the project. There will also be a clubhouse, swimming pool, tot lot and barbeque area and there will be a number of courtyard areas with an interconnected pathway system. Public testimony Commissioner Brunelle: Had a question for Cody about the heights of the intervals. Cody stated they were 2-foot intervals. Connie Leemus W. View Ridge Drive. My first concern is that of the height. Developer has stated that most units will be below the fence line and they might be somewhat above the fence line. Connie disagreed that somewhat above the fence line is objectionable. Asking that there be no structures above the fence line. Regarding the existing mature vegetation, she is asking the current condition 21 that is already in the staff report be clarified to protect the vegetation that is along the canal and that at least 25 feet along the canal road would not be disturbed. Regarding the traffic impact, she is not sure what the planned timing is. If it is within the next 2 years it would create an undo burden because right now the service on Franklin Blvd. according to the data is already exceeding acceptable. She is asking that occupancy not be allowed until the roads are

8 PW, COMMISSION HEARING CAR CUP07463 & SUB I AVCB, LLC & COURTYARD CONDOS Page 2 of 3 widened. Lastly, regarding the noise she has a concern about the pool and barbeque areas creating noise for the neighbors that have back yards overlooking the area. Gary Botts W. View Ridge Drive. For the most part he reiterated the comments made by Connie and just emphasid the traffic congestion on Franklin. Commissioner Russell: Not voting on this item as his firm did some work on the project. Commissioner Brunelle: buildings. Asked staff to elaborate on the building height of the Cody: We had no discussion with the applicant regarding the height. These buildings are 35 feet at the peak so are under the allowable height for the zone. Rebuttal by applicant. Applicant: Touched on the design review and mentioned they are going to continue to work with City staff on the &sign and architecture of the buildings. Regarding the walking path they have no objection to leaving the vegetation as is and letting folks continue to use that area. Regarding the height of the structures, most of the buildings will be below the fence line, there are some structures mainly on the western edge might be slightly above the fence line but not more than 1 foot above the fence line and that is only a few units. There will be view corridors throughout because of the driveways going throughout the project. Overall the project is going to dress up the view. Commissioner Cooper: I make a motion that we approve CAR07-36 Commissioner BruneUe: Second. Commissioner Cooper: Believes this project is appropriate for this area. Commissioner Ellsworth: Aye Commissioner Cooper: Commissioner Van Ocker: Aye Commissioner Brunelle: Commissioner MeLean: Aye *ye Aye 5 in favor and 0 opposed, motion carries. Commissioner Cooper: I make a motion that we approve CUP07-62 with no changes to staff conditions. Commissioner Van Ocker: Second

9 P&Z COMMISSION HEARING ~ CAR07-036, CUP07463 & SUB07449 I AVCB, LLC Br COURTYARD CONDOS Page 3 of 3 Commissioner Cooper: Again believes this project is appropriate, the only objection he has is the extreme conformity of the buildings and believes that will be addressed in Design Review. He believes the placement on the site is also appropriate. Commissioner Van Ocker: A couple of points directed to the Design Review Committee, if they can look at the material usage and try to bring in some different materials. The uniformity is too uniform and some of the longer buildings maybe could be scissored back and forth without messing up the floor plans or the site plan just to break up the long stretches. Commissioner Brunelle: Would like the Design Review to look at the southern most buildings and maybe reduced those buildings to 2 '/z story to accommodate the neighbors better. Commissioner Ellsworth: Aye Commissioner Cooper: Commissioner Van Ocker: Aye Commissioner Brunelle: Commissioner McLean: Aye Aye *ye 5 in favor and 0 opposed, motion carries to approve. Commissioner Cooper: I make a motion that we approve SUB Commissioner Ellsworth: Second Commissioner Ellsworth: Aye Commissioner Cooper: Commissioner Van Ocker: Aye Commissioner Bntnelle: Commissioner McLean: Aye Aye Aye 5 in favor and 0 opposed, motion carries to approve

10 Boise Cily Hall, 2nd Floor Phone: N. Capitol Boulavard Fm: PO.BoxSW mom 800/ Boise, Idaho W Website: vm.cityofboise.org/pds 516 Planning Division Staff Report File Number CAR & CUP Applicant AV-CB, LLC Property Address W. Franklin Road Public Hearing Date July 9, 2007 Heard by Planning Analyst Planning Supervisor Boise City Planning and Zoning Commission Susan A. Riggs (cp'l 3 Cody ~iddlefi. Table of Contents 1. Executive Summary 2. Facts and Standards of Review 3. Background and Analysis 4. Reason for the Decision 5. General Information 6. Boise City Comprehensive Plan 7. Boise City Zoning Ordinance 8. Recommended Conditions of Approval Attachments VicinityIZoning Map Site Plan Application Agency Comments

11 CARO & CUP Boise City Planning and Zoning Commission July 9, of 20 5/6 1. Executive Summary Description of Applicant's Request: AV-CB, LLC requests a rezone of i acres fiom A-1 (Open Land 1 DUIacre) to R-2D (Combined Residential with Design Review 14.5 DUIacre) for property located at W. Franklin Road. Conditional use approval is also requested to construct a 168 unit planned residential development on the subject site. A condominium plat (SUB ) is being reviewed concurrently with this application Staffs Recommendation: Staff recommends approval of CAR and CUP Summary: The applicant is requesting a rezone fiom A-1 to R-2D. The Boise City Comprehensive Plan Land Use Map designates the site as "Medium Density Residential (15 DUIacre)." The R-2 zone allows 14.5 DUfacre. The proposed R-2D zone is in compliance with the purpose statement for the R-2 zone and the land use map designation. Staff finds that compatibility of the subject property with its surroundings will be maintained and preserved with the approval of this request. The subject property is rural in character and available for development. The undeveloped site is located at the eastern boundary of the City of Meridian. To the north there is a power plant and light industrial uses, to the west vacant land and a large senior living facility, and to the east, single-family and duplex homes. The property to the south slopes upward to the Ridenbuagh Canal and then to single-family homes (Edge View Estates). The applicant has provided setbacks which range form 105' to 180' along this property line. The facilities necessary to support development are either in place or proposed for future construction. According to Ada County Highway District, the proposed use will not place an undue burden on transportation and other public facilities in the vicinity. Cloverdale Road is classified as a minor arterial roadway. The acceptable level of service (LOS) for a 2-lane minor arterial is "D" (14,000 VTD). The LOS of Cloverdale Road is Better than "C". Franklin Road is classified as a 2-lane principal arterial roadway. The acceptable LOS for this road is "En (15,500 VTD). Franklin Road currently Exceeds the LOS "E. Both streets as well as the intersection are scheduled to be widened. Along with the requested rezone, the applicant is proposing to construct a residential planned unit development consisting of 168, attached patio homes (condominiums) at a density of DUIacre. The majority of the units are designed as 4-plexes. The 3-story units are proposed at 35'in height as measured to the roof peak. Each unit has an oversized tandem garage. All of the perimeter setbacks meet the required setbacks for the R-2 zone. Guest parking is provided on the driveway apron. In addition, there are 48 compact guest parking spaces distributed throughout the project. A 5' wide, landscaped pedestrian pathway extends fiom east to west through the center of the development. The pathway will have benches and a variety of plantings which will be reviewed by Design Review. The pathway provides a safe pedestrian walk way to the on site amenities. The amenities include a pool, clubhouse, tot lot and BBQ area. There is also a 5' wide pathway which will provide a pedestrian connection to the adjacent property to the west.

12 CARO & CW Boise City Planning and Zoning Commission July 9, of 2O Facts and Standards of Review Type Application: Rezone Conditional Use for a Planned Unit Development ApplicantlStatus: AV-CB, LLC (purchaser) Location and Site Description: The site is located at W. Franklin Road on the southwest comer of Franklin and Cloverdale Road. The acre undeveloped site is located at the eastern boundary of the City of Meridian. To the north there is a power plant, to the west vacant land and a retirement home, and to the east, single-family homes. The property to the south slopes upward to the Ridenbuagh Canal and then to single-family homes (Edge View Estates). The property is located within the boundaries of the West Bench Planning Area as designated on the Land Use Map of the Boise City Comprehensive Plan. The property is not within a platted subdivision or within a registered Neighborhood Association. Zoning, Zoning Allowances, and Comprehensive Plan Designation: The applicant is requesting R-2D zoning (14.5 DUJacre). The Boise City Comprehensive Plan Land Use Map designates the site as "Medium Density Residential (15 DUJacre)." Other permissible zones are R- 1 A, R- 1 B, R- I C, R- 1 M, N-0, L-0, and P-C. Planned Unit Developments require Conditional Use approval. History of Previous Actions: None Standards of Review Rezone Public Hearing The Planning and Zoning Commission shall advertise, provide notice and conduct a public hearing in accordance with Section of this Ordinance for each application to amend this Ordinance or to reclassify a zoning district. Any recommendation ofthe Commission relating to change, modification and reclassification of zoning districts and land use classifications and the regulations and standards thereof shall be in writing. Their recommendation shall include findings of fact supporting the purposes and objectives of zoning and otherwise securing public health, safety and general welfare. The recommendation shall specifically fmd that such changes, modifications and reclassifications of zoning districts and land use classifications and the regulations and the standards thereof: 1. Comply with and conform to the Comprehensive General Plan; and 2. Provide and maintain sufficient transportation and other public facilities, and does not

13 CAR & CUP Bois City Planning and Zoning Commission July 9, of adversely impact the delivery of services by any political subdivision providing services; and 3. Maintain and preserve compatibility of surrounding zoning and development. Conditional Use Section A. That the location of the proposed use is compatible to other uses in the general neighborhood; and B. That the proposed use will not place an undue burden on transportation and other public facilities in the vicinity; and C. That the site is large enough to accommodate the proposed use and all yards, open spaces, pathways, walls and fences, parking, loading, landscaping and such other features as are required by this title; and D. That the proposed use, if it complies with all conditions imposed, will not adversely affect other property of the vicinity; and E. That the proposed use is in compliance with and supports the goals and objectives of the Comprehensive Plan. F. Multiple family building (any building containing more than 2 residential units) must be designed to include features which add to the visual and aesthetic appearance of the structure and help prevent a sterile, box-like appearance. Such features may include the use of brick or stone, roof or facade modulation, planter boxes, bay windows, balconies, porches, etc. The Commission or committee must make a fmding that specific design features have been added to enhance the physical appearance of such multiple-family residential structures. 3. Background and Analysis Rezone The applicant is requesting a rezone &om A-1 (Open Land / 1 DUIacre) to R-2D (Combined Residential with Design Review 14.5 DU/acre). The Boise City Comprehensive Plan Land Use Map designates the site as "Medium Density Residential (15 DU/acre)." Other permissible zones are R-IA, R-lB, R-IC, R-IM, N-0, L-0, and P-C. Policy of the Boise Ciiy Comprehensive Plan states: "Zone change requests that are consistent with the Land UsdZoning 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."

14 CARO & CUP Boise City Planning and Zoning Commission July 9, of 20 5/6 The existing A-1 zone allows 1 DUIacre. The purpose of the A-1 zone is to provide a zoning district within the City for low density residential use and land uses requiring larger land areas for development such as parks, schools, golf courses, agriculture, and rural residential neighborhoods. The R-2 zone allows 14.5 DUIacre. The purpose of the R-2 district is to accommodate the need for medium density residential uses within the City creating medium density residential zones on the periphery of more intensive land use areas and to intersperse limited garden type apartments while creating balanced residential zoning patterns within the City. The proposed R-2D zone is in compliance with the above purpose statement and land use map designation. Objective indicates that residential land-uses shall be designated to provide a variety of housing densities, product types and affordable costs, and shall be located and distributed in a manner that is compatible with adjacent uses. The rezone will allow for compatible development with the surrounding uses. The intent of the applicant is to construct 168 attached single-family patio homes. Staff finds that compatibility of the subject property with its surroundings will be maintained and preserved with the approval of this request. The subject property is rural in character and available for development. The acre undeveloped site is located at the eastem boundary of the City of Meridian. To the north there is a power plant and light industrial uses, to the west vacant land and a large senior living facility, and to the east, single-family homes. The property to the south slopes upward to the Ridenbuagh Canal and then to single-family homes (Edge View Estates). The property is located within the boundaries of the West Bench Planning Area as designated on the Land Use Map of the Boise City Comprehensive Plan. The property is not within a platted subdivision or within a registered Neighborhood Association. Objective states that development should only occur when adequate public facilities and infrastructure are available andlor financially guaranteed. The facilities necessary to support development are either in place or proposed for future construction. Sewers are available in an easement at the southwest comer of Monsanto Street. Boise City Fire Station # 11 is located on Executive Drive, between Fairview Avenue and Franklin Road and is within a 1.5 mile radius fiom the site and within a 4 minute response time. According to Ada County Highway District, the proposed use will not place an undue burden on transportation and other public facilities in the vicinity. Cloverdale Road is classified as a minor arterial roadway. The acceptable level of service (LOS) for a 2-lane minor arterial is "D (14,000 VTD). The LOS of Cloverdale Road is Better than "C". Franklin Road is classified as a 2-lane principal arterial roadway. The acceptable LOS for this road is "E" (15,500 VTD). Franklin Road currently Exceeds the LOS "E. Both streets as well as the intersection are scheduled to be widened. The following outlines the street classification, traffic counts and level of service and future road widening.

15 CAR & CUW Boise City Planning and Zoning Commission July of Impacted Roadways: Roadway Cloverdale Traffic Count 13,642 north of 1 Road 1 1 I ~ranklin on / "C" I I Franklin Road Frontage 700' 1,320' FunctionaI Classification Minor Arterial Principal Arterial 1 1/9/06 11,837 south of Franklin on ) 11/9/06 17,253 west of Cloverdale on Level of Service* Better than - Exceeds "E" 1 8/8/061 I *Acceutable level of service for a two-lane minor arterial roadwav is " D (14.000,, VTD). *Acceptable level of service for a two-lane principal arterial roadway is "E(15,500 VTD). Capital Improvements PIanlFive Year Work Program The following projects are scheduled in the District's Five Year Work Program. Speed Limit 35 MPH The intersection of Cloverdale and Franklin Roads is scheduled to be widened to 7-lanes on the north leg, 6-lanes on the south leg, 9-lanes on the west leg, and to 8-lanes on the east leg and signalized in Franklin Road between Eagle and Five Mile Roads is scheduled to be widened to 5-lanes in Cloverdale Road between Franklin Road and Fairview Avenue is scheduled to be widened to 5-lanes in The following improvements are scheduled in the District's Capital Improvement Plan (CIP). Conditional Use 8 Franklin Road between Eagle and Five Mile Roads is scheduled to be widened to 7-lanes in 11 to 20 years. Along with the requested rezone, the applicant is proposing to construct a residential planned unit development consisting of 168, attached patio homes (condominiums) at a density of DUIacre. The proposed development is compatible with the existing R-1C zoned single-family homes to the south, the R-2D zoned duplex development (under construction) to the east as well as the light industrial uses to the north. The 96' of public right-of-way along Franklin Road, I

16 CARO & CUP Boise City Planning and Zoning Commiss~on July 9, of 20 5/6 together with the 20'-plus setbacks along the site frontage will provide adequate separation 6om the proposed development and the light industrial uses maintaining compatibility. Exceptionally large setbacks have been provided along the south property line (discussed below) with like yards matching which will also help ensure compatibility with the adjacent subdivision. The majority of the units are designed as 4-plexes; however, on the west side of the development there is a pod of 12 and 8 attached units. The 3-story units are proposed at 35'in height as measured to the roof peak. Each home has a private patio and second story deck. The ground floor accommodates parking and storage with the living space on the second and thud floors. Each unit has an oversized tandem garage. The greater depth of the garage will allow room for storage, thus helping to assure that the garage is used for parking. Guest parking is provided on the driveway apron. In addition, there are 48 compact guest parking spaces distributed throughout the project. Although the garages are fiont loaded, the two-story living area has been brought out over the garage which adds design interest and diminishes the impact of the garage on the street. The fiont elevation contains modulation through the stepping of wall planes which break up the roof line above the garage and entry. Gabled ends are designed over the individual garages and entries and on the side elevations. The structures have shutters and multi-paned windows which add additional detailing. The side and rear elevation meet the criteria for modulation; however, they do not provide the necessary variety of building materials. The project is proposed in a Design Review Overlay zone and as such will be reviewed by Design Review staff. The applicant is encouraged to provide greater design interest on the rear and side elevations, especially where the units address the public right-of-ways and open space. The applicant is requesting approval of zero lot line condominiums. The internal separation proposed between buildings range from 7' to 23' with the rear yards abutting common open space. All of the perimeter setbacks meet the required setbacks for the R-2 zone. A 20' setback is proposed along Franklin and Cloverdale Roads and a 20' setback is proposed along the west property boundary. The most sensitive setback is along the south property boundary, which abuts Edge View Estates. The site is relatively flat; however, the grades range fiom nearly level at the street to approximately 30% toward the rear (south) of the property. The homes in Edge View Estates subdivision border the southwestern rim of the development and overlook the site with views of the Mountains. In order to protect the views, the homes have been designed so that the roof tops of the 3-story units along the south western edge of the property will be near or slightly above the top of their back yard fences. The majority of the roof tops will be below the fence line. In addition, the proposed homes are setback approximately 105' to 180' from these rim properties. A retaining wall measuring up to 6' with small sections measuring up to 7' in height is proposed approximately 90' to 140' north of the south property line. Beyond the retaining wall (south) is the Ridenbuagh Canal which traverses the south property line. A condition of approval requires that prior to final plat approval by the City Council; a fmal geotechnical report must be approved by the Public works Department. This report must investigate the effect of seepage fiom the canal on the development. If necessary, the report must make recommendations to mitigate the impact from canal seepage. The attached conditions

17 CARO & CUPO Boise City Planning and Zoning Commission July of of approval are intended to help assure that the proposed project will be compatible with the neighborhood and that it will not adversely affect other property of the vicinity. ACHD has approved 2 access driveways on Franklin Road. The access driveway located 1,490' fiom the intersection of Franklin and Cloverdale Roads is approved as a full access driveway and the driveway located 770' driveway west of the intersection is restricted to right-idright-out only. One right-idright-out access driveway is approved on Cloverdale Road. The applicant is proposing a 20' wide private drive. Parking will be restricted on both sides of the street. All homes are setback 20' from the private drive. A 5' wide, landscaped pedestrian pathway extends fiom east to west through the center of the development. The pathway will have benches and a variety of plantings which will be reviewed by Design Review. The pathway provides a safe pedestrian walk way to the on site amenities. The amenities include a pool, clubhouse, tot lot and BBQ area. There is also a 5' wide pathway which will provide a pedestrian connection to the adjacent property to the west. The City of Meridian has approved a senior living facility on this site. Staff is not recommending a stub street connection to this property as a stub street will not fulfill any purpose outside of bringing traffic back out to Franklin through the future development. Meridian did not provide a stub to the subject site, thus no connection can be achieved. The applicant is proposing a 5' wide sidewalk which has a slight meander, abutting Franklin Road. The majority of the sidewalk is located within the ACHD right-of-way with small portions of the sidewalk extending on to the applicants property. A condition of approval requires that the entire sidewalk be located within the ACHD right-of-way. Walkways extend fiom the public sidewalk into the development along the public street frontage. The applicant will be required to provide an easement for any segment of the sidewalk located outside of the rightuf-way. A 5' wide separated sidewalk is also proposed along Cloverdale Road. Due to the road widening, ACHD is requiring the applicant to provide the Highway District with a road trust for the construction of the sidewalk. A traffic study was prepared by Stanley Consultants and reviewed by ACHD. The following are the traffic projections and distributions at build: The traffic impact study for Courtyard Subdivision concludes and recommends the following. Courtyard Subdivision is projected to generate an average daily traffic (ATD) of 1,129 vehicles per day (vpd) and PM peak hour traffic of 104 vehicles per hour (vph). Courtyard Subdivision is not projected to attract any pass-by trips off Franklin and Cloverdale Roads during the PM peak hour at build out. At build out, Courtyard Subdivision site traffic is projected to have the following distribution patterns:

18 CARO & CUPO Boise City Planning and Zoning Commission July 9, of o 23% of the site traffic is projected to have originsldestinations north of the site and travel on Cloverdale. o 22% of the site trafic is projected to have originsldestinations south of the site and travel on Cloverdale Road. o 29% of the site trafic is projected to have originsldestinations west of the site and travel on Franklin Road. o 26% of the site traffic is projected to have originsldestinations east of the site and travel on Franklin Road. Staff finds the proposed use complies with the goals and objectives of the Comprehensive Plan. The Comprehensive Plan Land Use Map designates this site as Medium Density (15 DUIacre). The proposed density is DUIacre. Goal 7.0 indicates that the city has a need for housing at price levels appropriate to the varied financial capabilities of city residents. The planned development complies with Objective that suggests Boise City will have a need for 11,700 single-family attached homes by The proposed use is in compliance with Objective 7.2.1, which encourages development in the City and the preservation of its neighborhoods. The proposed development has been sensitive, providing large setbacks to the established single family homes to the south. Goal 8.0 suggests the City should strive to minimize suburban sprawl, and provide for a diverse mixture of lifestyles, atmospheres, a sense of place that varies throughout City, and provide basic services in close proximity to where people live. The site is located close to commercial services as well as the Boise Town Square Mall. Staff finds that the proposed development will maintain and preserve the compatibility of the existing development in this area. 4. Reasons for the Decision Rezone The proposed rezone is in compliance with and supports the goals and objectives of the Boise City Comprehensive Plan. The Boise City Comprehensive Plan Land Use Map designates the site as "Medium Density Residential (1 5 DUIacre)." Other permissible zones are R-1 A, R-1 B, R-1 C, R- IM, N-0, L-0, and P-C. Policy of the Boise Ciw Comprehensive Plan states, "Zone change requests that are consistent with the Land UsdZoning Consistency Matrix and the policies of the Comprehensive Plan, should be approved by the City pursuant to appropriate fmdings related to service levels and other requirements of the comprehensive plan." The proposed rezone will not place a strain on public services or facilities. All utilities are either in place or readily available to the site. No agencies have responded stating that the proposed rezone will adversely affect the delivery of services. According to Ada County Highway District and the associated traffic study, the proposed use will not place an undue burden on transportation and other public facilities in the vicinity. Franklin and Cloverdale Roads as well as the intersections are schedule to be widened in order to accommodate anticipated future transportation needs.

19 CARO & CUP Boise City Planning and Zoning Commission July lo of The proposed rezone will allow for compatible development with the surrounding uses. TO the north there is a power plant and industrial uses, to the west vacant land and a large senior living facility, and to the east and south are single-family homes. The proposed R-2D zone is compatible with the existing single family homes in surrounding neighborhood. Both zones have the similar setback and height requirements and the yards of the proposed development will match the yards of the adjacent development. Conditional Use: The proposed development is compatible with the existing R-IC zoned single-family homes to the south, the R-2D zoned duplex development (under construction) to the east as well as the light industrial uses to the north. The 96' of public right-of-way along Franklin Road, together with the 20'-plus setbacks along the site fiontage will provide adequate separation from the proposed development and the light industrial uses maintaining compatibility. Setbacks ranging from 105' to 180' have been provided along the south property line with like yards matching, which will help ensure compatibility with the adjacent subdivision. The Conditions of Approval are to ensure that the site is developed in conformance with the plans submitted to avoid any negative impacts on adjoining properties and to ensure compliance with the Comprehensive Plan and the Zoning Ordinance. All public utilities including sewer, water, power, telephone, gas and public streets are currently in place and available to the development. According to the Ada County Highway District staff report, the proposed use will not place an undue burden on transportation and other public facilities in the vicinity. The proposed use complies with the goals and objectives of the Comprehensive Plan. The Comprehensive Plan Land Use Map designates this site as Medium Density (15 DUIacre). Goal 7.0 indicates that the city has a need for housing at price levels appropriate to the varied financial capabilities of city residents. The planned development complies with Objective that suggests Boise City will have a need for 11,700 single-family attached homes by The proposed use is in compliance with Objective 7.2.1, which encourages development in the City and the preservation of its neighborhoods. The proposed development has been sensitive to the adjacent development, providing large setbacks to the established single family homes to the south. Goal 8.0 suggests the City should strive to minimize suburban sprawl, and provide for a diverse mixture of lifestyles, atmospheres, a sense of place that varies throughout City, and provide basic services in close proximity to where people live. The site is located close to commercial services as well as the Boise Town Square Mall. Staff finds that the proposed development will maintain and preserve the compatibility of the existing development in this area.

20 CARO & CUPO Boise City Planning and Zoning Commission July 9, of General Information Notifications: Neighborhood Meeting held on: November 20, 2006 Newspaper notification published on: June 23,2007 Radius notices mailed to properties within 300 feet on: June 22, 2007 Staffposted notice on site on: June 22, 2007 Size of Property: * acres Land Use Existing Land Use: Undeveloped land Hazards: None known Adjacent Land Uses and Zoning: North: Power Plant &Industrial Uses: A-1 & M-ID South: Single Family Residential: R-1C East: Single-Family & Duplexes: C-IDIDA, L-OD/DA & R-2D West: Undeveloped Land & Retirement Living Facility: L-0 (City of Meridian) Site Design: Percentage of site devoted to building coverage: 15% Percentage of site devoted to landscaping: 61% Percentage of site devoted to paving: 24% Density: Zone Total Acres Units Per Acre Mowed By Zoning Total Units Allowed By Available Acreage DUIacre / 168 DU divided by = Proposed Units Parking: Required: 2 parking spaces per unit. Proposed: 2 spaces per unit in tandem. Guest parking: 48 guest parking spaces will provide on-street within the project. In addition, the 20' long driveways will also provide guest parking.

21 CAR & CUP Boise City Planning and Zoning Commission July 9, of Setbacks: 6. Boise City Comprehensive Plan Boise Citv Com~rehensive Plan Goals, Obiectives and Policies Chapter 7. COMMUNITY QUALITY Goal 7.0 Provide an adequate supply of safe, sanitary housing at price and rent levels appropriate to the varied financial capabilities of city raidents, and provide for a diversity in type, density and location of housing with special emphasis on maintaining neighborhood stability. Objective In order to accommodate the projected Boise Planning Area population of 253,000 by the year 2015, anticipate a need br the production of 19,100 single-family detached units, 11,700 singlefamily attached units and 13,800 multifamily units by the year *** Objective Promote and establish a physical framework of development in the City which encourages the development of form and character of its districts, the preservation of its neighborhoods and the conservation of its historical identity. *** Objective Ensure through urban design the development of new residential structures that are functional and aesthetically pleasing. *** Poticy Require that residential street scenes provide variety and modulation in design and placement of homes. ***

22 CAR & CUP Boise City Planning and Zoning Commission July of Objective Provide for the protection of character and the enhancement of services in existing residential neighborhoods. Policy Require that all new residential development in existing residential neighborhoods (i.e., infill) be compatible with existing structures, including the following criteria: 1. Use of complimentary setbacks, building heights, grade elevations, orientation, bulk, building materials, colors and forms, while allowing flexibility for distinctive design solutions. 2. Maintenance of privacy. Chapter 8, LAND USE *** Goal 8.0 Achieve a city that minimizes suburban sprawl, that provides for a diverse mixture of lifestyles 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. *** Objective 8.6 Residential land-uses shall be designated to provide a variety of housing densities, product types and affordable costs, and shall be located and distributed in a manner that is compatible with adjacent uses and promotes transit and pedestrian activity. *** 10.0 GROWTH MANAGEMENT Goal 10.0 Preserve, protect and enhance the overall quality of life in Boise and its Area of Impact by ensuring that growth occurs in an orderly manner and that public services are available along with development. Objective 10.1 Ensure that growth is planned and directed in a way that minimizes sprawl and creates a functional and pleasing community. ***

23 CARO & CUP Boise City Planning and Zoning Commission July 9, of Policy Develop and maintain adequate public services and facilities as defined in Table 2: "Level of Service Standards for Community Services and Facilities," for the purpose of capital improvement planning and development permitting. *** 5. Boise City Zoning Ordinance Section Purpose A-1 District It shall be the purpose of the Open Land or A-l District classification to provide a zoning district within the City for low density residential use and land uses requiring larger land areas for development such as parks, schools, golf courses, agriculture, rural residential neighborhoods, and other uses in conformity with the Comprehensive Plan. The regulations set forth in this Section shall apply in addition to the general regulations of this Ordinance, to all land, buildings and structures located in any A-1 District. Section Purpose of R-2 District It is the purpose of the R-2 District classification to accommodate a need for medium density residential zones within the City. Land may be classified R-2 in conformity with the goals and objectives of the Comprehensive General Plan to create medium density residential zones on the periphery of more intensive land use areas, to intersperse in the R-2 District limited garden type apartments and in some selected areas, upon City approval, permit quasi-residential uses as well as for the purpose of creating balanced residential zoning patterns within the City. *** Section Amendment, Reclassification Section Application Required Section Public Hearing Section Amendments and Reclassification: Power to Amend *** Section Criteria and Findings Section Planned Developments Section Justification Section Development Standards Section Planned Developments; Developer Benefits Section Pmitted Uses in Any Yards Section Off-Street Parking Requirements Table 13 Ofi-Street Parking Requirements- Spaces Required 8. Recommended Conditions of Approval Site Specific: 1. Construction, use and property development shall be in compliance with plans and specifications on file with the Boise City Planning and Development Services

24 Boise Cily Planning and Zoning Commission July 9, OF Department date stamped received on June 19, 2007 (site plan) and April 24, 2007 (elevations & floor plans) except as may he modified by the Boise City Design Review Committee or Staffor expressly modified by the following conditions: 2. Prior to final plat approval by the City Council, a final geotechnical report must he approved by the Public works Department. This report must investigate the effect of seepage kom the canal on the development. If necessary, the report must make recommendations to mitigate the impact from canal seepage. 3. All retaining walls with a total height greater than four feet must he designed by an engineer and obtain a building permit from the Boise City Building Department." 4. The drainage retention area shall not be allowed in the area of a proposed amenities or pathways. 5. All amenities shall be constructed or bonded for prior to the issuance of the first building permit. 6. This approval shall be for a maximum of 168 dwelling units. 7. A common party wall agreement shall he provided for all zero line units. 8. A condominium plat must be approved by Boise City and recorded with the Ada County Recorder prior to sale of any condominium units. 9. The sidewalk shall be design so that the entire sidewalk is located within the ACHD's right-of-way. General 10. This project is in a Design Review District and shall be suhject to review and approval by the Design Review Committee or Staff. 11. The applicant shall comply with all requirement of Nampa and Meridian Irrigation District per memo dated May 16, The applicant shall comply with all requirement of the Solid Waste Program Coordinator per memorandum dated may 1 1, All conditions ofthe Boise Fire Department report PRE shall be complied with. Any deviation fiom this plan is subject to fire department approval. For hrther information contact Mark Senteno, at

25 CARO & CUP Boise City Planning and Zoning Commtssion July of Specific building construction requirements of the Uniform Building and Uniform Fire Codes will apply. However, these provisions are best addressed at the Building Permit application. IS. All of the Ada County Highway District conditions of approval related to the development of the subject property shall be complied with per staff report date stamped received June 28, Vision Triangles as defined in Section and Section G. of the Boise City Zoning Ordinance shall remain clear of all sight obstructions. The applicant or hislher contractor shall obtain a right-of-way permit kom the Ada County Highway District prior to any construction in the public right-of-way. All private streets must be approved and constructed prior to the issuance of any Building Permit for this property. All parking areas and driveways shall be paved, marked and provided with approved wheel restraints, and shall be designed and laid out to conform to the minimum standards required by the Boise City Zoning Ordinance. lnterior landscaping shall be at least 5% of the total parking and driveway area. This is in addition to the required perimeter landscaping. Existing mature vegetation shall be retained wherever possible. Street trees, as selected h m the City Forester's list of approved trees, shall be provided. Each tree will be a minimum 2-inch caliper at time of planting. All landscaping shall be maintained in a healthy and attractive condition. Landscaped areas shall be irrigated by an appropriate underground irrigation system The applicant shall comply with the requirements of the Boise City Public Works Department (BCPW) for drainage, sewers, street lights and subdivisions per Department requirements dated May 22,2007. Please contact BCPW at All items required by BCPW shall be included on the planslspecifications that are submitted for a Building Permit. Please note that any changes or modifications by the owner to the approved plans must be submitted to the Public Works Department for approval. Hook-up to wet line sewers shall be required prior to issuance of an Occupancy Permit.

26 CARO & CUPO Boise City Planning and Zoning Commission July 9, of A detailed grading and drainage plan shall be submitted for review and approval by the Ada County Highway District and Boise City Public Works Department before a Building Permit is issued. This approval does not include approval of any signage. A separate Sign Permit will be required from the Boise City Planning and Development Services Department prior to installation of sign(s). Exterior lighting fixtures must be designed and located so as to prevent glare or direct light from falling onto adjoining properties or streets. Utility services shall be provided underground. Trash receptacles, on-grade and roof-top mechanical and electrical equipment shall be screened i?om public view by use of an approved sight-obscuring fence andlor hedging. All drainage and irrigation ditches, laterals or canals crossing, intersecting and lying adjacent or contiguous to the site shall be covered or fenced with a chain link fence at least four feet (4') high as required by Section (1) of the Boise City Code. (Required for multiple family dwelling(s), kindergarten, school, nursery or mobile home park uses. May be waived by the Commission if found the fence will not serve the public interests) No change in the terms and conditions of this approval shall be valid unless in writing and signed by the applicant or his authorized representative, and an authorized representative of the City of Boise. The burden shall be upon the applicant to obtain the written confumation of any change and not upon the City of Boise. 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 City of its intent to change the planned use of the property described herein unless a variance in said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. An Occupancy Permit will not be issued by the Boise City Building Department until all conditions of approval have been complied with. In the event a condition(s) cannot be met by the desired date of occupancy, the Boise City Planning and Development Services Department Planning Director will determine whether the condition(s) is bondable or should be completed, and if determined to be bondable, a bond will be required in the amount of one hundred ten percent (1 10%) of the value of the condition(s) which are incomplete.

27 CAR & CUP Boise City Planning and Zoning Commission July 9, of This conditional use shall be valid for a period not to exceed eighteen (18) months from the date of approval by the Planning and Zoning Commission. Within this period, the holder of the permit must: A. Acquire construction permits and commence placement of permanent footings and structures on or in the ground. The definition of structures in this context shall include sewer lines, water lines, or building foundations; or B. Commence the use permitted by the permits in accordance with the conditions of approval; or C. For conceptual conditional use permits, submit an application for detailed conditional use permit; or D. For projects, which require platting, the plat must be recorded within this period. The Commission may also fix the time or period within which the permit shall be completed, perfected or bonded. If the conditions of approval shall not be completed or bonded within such period, said permit shall lapse. 37. Any future division of this parcel into individual lots or parcels, for the purpose of selling the separate lots to individual owners, will be required to comply with all provisions of Boise City Code, Title 9, Chapter 20, including lot frontage on a public or approved private street, and all requirements for preliminary and final platting. 38. Construction, use and property development shall be in conformance with all applicable requirements of the Boise City Code. 39. Upon written request by the holder, prior to expiration of this Conditional Use Permit, the Commission may grant a one-year time extension. A maximum of three (3) one-year time extensions may be granted to an unexpired permit. The Commission reserves the right to require additional conditions or modifications to the revised plans. 40. Failure to abide by any condition of this approval may be grounds for revocation by the Boise City Planning and Zoning Commission. 41. The Conditional Use Permit shall be completed within sixty (60) months of the Commission's approval or a new Conditional Use Permit shall be required. Construction Practices 42. The practices required below are intended to mitigate the impact and disturbance of residential property owners during the construction of adjacent buildings or structures. The following conditions apply to all construction-related activities ranging from grading

28 CARO & CUPO Boise City Planning and Zoning Commission July 9, of and demolition activities to final occupancy on any land or parcel falling under the proprietary ownership ofthe permit applicant. a) Prior to the issuance of a building permit and prior to the commencement of any construction on-site, an Erosion and Sediment Control (ESC) permit must be obtained fiom the Planning and Development Services Department. No grading, demolition or earth disturbing activities may start until an approved ESC permit and the associated site work or grading permits have been issued. b) Applicant shall submit and receive approval fiom Planning and Development Services and Ada County Highway District for a construction, transportation and parking plan. The plan shall also comply with all construction standards of Ada County Highway District to those streets contiguous to the construction site and surrounding neighborhood. The approved plan shall be posted at each street abutting the construction site and shall address the following: Ingresdegress of construction equipment and trucks; Hours of operation for the loading and unloading of construction equipment and materials; Truck access routes, to and fiom site, for excavation and construction phases; Street closures (if any); and Location of off street parking for construction workers. c) Measures shall be taken to manage construction debris and trash on the construction site and efforts shall also be made to provide reasonable controls to minimize fugitive dust on the construction site. Such measures may include, but are not limited to: Provide suitable containers for solid waste generated by construction activity; Wet demolition of existing buildings; Watering of driving surfaces and earth moving activities; Installation ofwind screening around property and each open floor above grade; and Daily broom cleaning of above grade floors, adjacent streets and sidewalks. d) To reduce the noise impact of construction on nearby residential properties, all exterior construction activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m Monday through Friday and 8:00 a.m. to 6:00 p.m. for Saturday and Sunday. Low noise impact activities such as surveying, layout and weather protection may be performed at any time. Afla each floor of the structure or building is enclosed with exterior walls and windows, interior construction of the enclosed floors can be performed at any time. e) A minimum height of six foot (6') rigid security fencing, either wood or metal, shall be installed around the construction site within 30 days of the date when the f ~st city permit is issued on projects where construction activity shall exceed 90 days.

29 Boise City Planning and Zoning Commission July 9, of f) Exterior lighting and other illuminating equipment or materials shall be positioned, shielded, directed and located to not reflect or impact adjacent residential property and streets. g) Applicant shall comply with Boise City Fire Department requirements for water, access, and/or other requirements as determined by the Fire Marshal. h) Any conditions to be enforced during construction shall remain posted at each street abutting the construction site for the duration of the project. In addition to the posted conditions the permit holder shall also post an I l"x 17" laminated sign containing a project contact phone number, name of project contact and the Boise City contact number, to address issues as they arise. Failure to abide by any conditions set forth shall be grounds for revocation of Conditional Use Permit and/or Building Pennits and may be subject the owner or owner's agents to fmes and criminal citations.

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36 % Courtyard Site-Looking South and East A O RECEOVED.....m.343.r> J'.~..,- I A?'f?24'2@7 -., &...%@,,,,il.,...">,,-$,<. ;y,$;,:i. y ' I Courtyard Site-Looking NE Courtyard Site-Looking West

37 Courtyards--Aerial Map SCALE 1 : 4,670 '7'3 JL P-u I I I FEET % DEVELOPMENT SERVICES

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40 Courtyard Subdivision Narrative and Request This narrative will provide a brief history of the project as well as address some of the key points of interest. As addressed with staff, the following applications are required to process this application for Courtyard Subdion (a Condominium development): Rezoning from A (A-1) to R-2D Conditional Use approval Preliminary Plat approval Hillside Application approval This project has been in the making for over one year. In an effort to find a winning combination of density, product type, design, and compatibility, we have repeatedly addressed the adjusted and redesign of the project based comments from staff, surrounding owners, and market. This final design is now being presented for your consideration and approval. Initially the project included 54 condo buildings (primarily 4 plex units); however, based on the input received during this information gathering phase, we have repeatedly reduced the overall densitybith various planland havenow been able tosettle with a plan that now yields 168 condominium units in 4-plex and 8-plex type buildings (approximately 26 three story buildings). At the suggesting of staff, we have eliminated the commercial buildings originally located near the intersection of Franklin and Cloverdale. While we felt the commercial lots not only fit well with the nature of this intersection, they provided a bufl-erltransition between uses. You will also note that access to these condos does not involve direct lot access from either of the major streets. The proiect sits on approximately acres in size with a residential density. yield. of approx i0.63 ddac (gross density). These upper end condos will be well designed and beautiful structures. With - garage - - parking and individuallprivate elevators for each individual condo unit this project will open up new possibilities for occupants that could not otherwise live in 3 story units. The proposed rezone to R-2D is compatible with the current comprehensive planning goals in the area. Neighbors to the South of this site are obviously very interested in any the type of development that they could potentially look down on at this location. Protection of their views was also an important issue. As discussed in the neighborhood meetings, the top of roof for the 3 story units along the south western edge of the property (which will be significantly separated from existing residences) will be near or slightly above the top of their backyard fences...preserving the some of the desirable view of the mountains. Most locations will be below the fence line. We h we can to help maintain compatibility with existing and future uses. We b to be a wonderful location for the proposed zone, density and use. cup ~EEEOW APR 2 4 ZWI DEVELOPMENT SERVICES

41 While this project sits on the fringes of the city limit line, between Boise and Meridian, we were asked to investigate the status of any potential developments along our western boundary-in an effort to coordinate design. We found no plans for adjacent developments in Meridian; however, another phase of an existing development is being processed (a bit further to the South and West); however, there are no immediate or available plans for the adjacent land nor are there any plans for connectivity to our project. It should be noted that we have met with ACHD on a couple of occasions in order to coordinate access points, turning movements and etc. To date, ACHD's response to the development have been favorable. With respect to the nature of uses, this application does not include any specific request for "variance' and we have eliminated the original request for a 20% use exception for the commercial units (originally about 9000 sf). 1. Public Utilities are available and our engineers will work closely with city staff to ensure that these facilities are installed to accommodate this property and to consider/provide for potential future connection of adjoining properties. In order to accommodate these facilities, some filling of the site is required. 2. The layout of this property is sensitive to that of adjoining properties, development, transportation systems, and etc. 3. The design utilizes internal private access drives to provide access and to meet additional parking needs. 4. The design provides for emergency and utility vehicle access, turn-around. 5. The design reflects a sensitivity to pedestrian movement with the network of -. - walking paths, interconnected to the clubhouse, pool, open areas, courtyards,, surrounding public streets, and etc. Residents will enjoy the convenience of this pathway connectivity. 6. The common lots will be well landscaped to enhance and preserve the patterns of development in the area. In addition, landscaping will be used to help buffer the operations and view of the nearby electrical sub station. As can be seen on the landscape plans, the variety and color of the planted material will be pleasing for both the resident and the visitor. 7. The developer will consider all existing trees within the developmentparticularly those along the canal. Where possible, the existing trees will be retained if they will add to the visual attractiveness and desirability of the development. All necessary precaution will be given to protect and preserve. 8. Note that common areas in the development will provide for the needs of the resident and visitor and shall be maintained by the Condominium Owners association. Amenities will include the clubhouse, interconnected pathways, and etc. These areas will prov I.I,.- alternate location for gathering and for outdoor enjoyme APR 2 4 2UO/

42 The layout utilizes a shared access drive to maximize efficiency of design, provide for the landscaped parking areas, and to provide a unique measure of trafic calming and movement throughout the project. Each of the condominiums will be constructed as a three bedroom unit. While not an infill project, this property has long been passed over for a number of reasons-including difficulties with location, utilities, topography, market, and compatibility of uses. We believe that we have identified a design and use that is not only compatible with surrounding development, but it will enhance and beautify two streets that struggle with a lack of attractive design near this intersection. Based on the combination of amenities, services and benefits, compatibility, good design, and the careful coordination/cornrnunication involved in developing. - this plan, we ask that the Commission and Council move forward in granting the necessary approvals for Courtyard Subdivision and the related applications. Terra Finn, Inc Kerby Kirkham Project Engineer

43 Boise Cify Hall, 2nd Floor Phone: 208/ N. Capitol Boulevard Fax: 208/ t 0. Box 500 TDDm 800/ Boise, Idaho Website: -/Rezone -. Application lhls box for office use only File #: c,$wo?e u uf5b Cross Referenced File(s): C,b? 07' G b - / Are Pre-Application materials attached? Yes NO This application is a request to construct, add or change the use of the propedy as follows: QZOW Cmm A - I 4, f? -,ah /D* Pre-Application Conference/SubmittaI lnformation A pre-application conference with staff and pre-application neighborhood meeting are required prior to the submittal of this application. Contact a Procedures Analyst at for details. Applications for annexations willnof be accepfedwithout a property description and map that meets the guidelines listed on page 3. Current Zone: *-' Applicant lnformation Requested Zone: R-2D Applicant: AV-CB, LLC Phone: 4470 E. Columbia, Meridian, ID Applicant's Address: Zip: AgenVRepresentative: Terra Firm. Inc. Phone: Agent/Representativefs Address: 801 E. Sate Street, Eagle, ID Zip: Contact Person (If different from above): Kerby Kirkham Phone: Address of Subject Property: W. Franklin Road Mapping Division must initial here to signify address verification. Property Description (Lot, Block & Subdivision name or recorded deed with a metes and bounds description): Parcel Number: S NE 16 Quarter: Section: - Township: 3N Range: 1 E CAR b/o*! '1

44 Development Information 516 Annexation/Rezone Application 2 +se 1. Size of Property: Square Feet or Acres 2. How is the property now used? VacanVUndeveloped land at the present time 3. How are the adjoining properties used? M-1 D North: R-1A & R-2D East: South: R-1C West: L-0 4. Are there any existing land uses in the general area similar to the proposed use? If yes, what are they, and where are they located? A similar condo project was approved to the east of this site. Dunham Commons contains approximately 30 townhouse lots with reduced lot sizes and zerolot line approval. In addition, it provides a stub street to the north for commercial development at the intersection (the site has already been rezoned to C-1D to allow for commercial uses 5. On what street(s) does the property have frontage? Franklin & Cloverdale 6. Why are you requesting annexation into the City of Boise? NA--Property has already been annexed as is currently zoned as A What use, building or structure is intended for the property? Single family, upscale condominiums 8. What changes have occurred in the area that justify the requested rezone? Continued development along Franklin Road, some adjacent commercial uses and rezoning, and some adjacent development that is similar and compatible in nature. Development from the Meridian side is pushing down over the hill and closer to this site. This site has remained visibly undeveloped for years due a number of limiting factors; however, this type of project is appropriate for the site in both location, use, and transitional of use.

45 516 AnnexationIRezone Application 3 9. Any additional comments? We have addressed several designs wlstaff and neighbors. Several pre-application/neighborhood meetings later, we believe that we have been able to reasonably accommodate the needs of the surrounding neighbors, city staff, and the future owners of these attractive condominium units. Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be accepted if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. Submittal Requirements Note: The Boise City Council requires the following information to be submitted to the Planning & Development Services Deparbnent for every application for annexation. Applications for annexations will not be accepted without a property description and map that meets the guidelines listed below. 1,/(1) Completed application, including signaturc of applicant. El 2 h ) Submittal requirements list. 341) Detailed letter of explanation or justification for the proposed project. rn 4. (1) Affidavit of Legal Interest (attached). Form must be completed by the legal owner of record. 5. (1) Current Vicinity Map. (8%" x 11") at 1" = 300' scalc, showing location and currcnt zoning of the property. Map mustbe dated. Map is avalable from themapping Division. Please indicate the loeationofyour propcrty,n the map). Map must contain the following information. A. A precise copy that matches the description (ordinance numbers, all bearings, distances, commencing and beginning points, etc.) B. Cross-hatched area showing the annexation property C. Street names D. Address grid E. Names of surrounding subdivisions F. The annexation area shall be located as close to the center of the map as possible. rn 6 d (1) Land Description. Attach a description of the actual property whlch you wish to have rezoned or annexed on a separate page. All land descriptions must be certified by a land surveyor registered to the State of Idaho. A. All property description shall be labeled as "Exhibit A," CAR

46 516 Annexotion/Rezone Application 4 B. The property description shall have ananative paragraph, which names the section, township, range and meridian in which the property is located. The narrative shall also contain a rough description of the property. For example, "An area of land located in the southwest quarter of the northwest quarter of section, more particularly described as follows:..." C. The commencing point must be a government-surveyed comer, such as a section comer ora quarter comer. D. The commencing point can be the point of beginning if the point is a section or quarter corner. E. All descriptions must have a Point of Beginning, F. Bearings and distances shall continuously define an area boundary with a closure accuracy of at least one part in five thousand. G. The property description shall duplicate the metes and bounds of all existing annexations, or shall reference the former annexation. H. The property description shall not overlap or leave gaps from previous annexations, I. The property description shall clearly define where the property is located by calling out known points or courses such as subdivision, lot comers, streets, canals and water courses. J. The all-property description shall state a return to the Point of Beginning. K. The all-property description shall state the number of acres annexed to one-hundredth of an acre. 7. (1) Photographs. Photographs of existing slte cond~tions. /' 8. (1) Annexation Map. Map must contain the follow~ng information. A. Section B. Township C. Range D. North arrow i Date L\ ") Q

47 Boise City Hall, 2r.d Floor Phone: ,. C 150 N. Cap~tol Boulevard Fax s r ~ t e, FO.Box500 TDD/TM Boise, Idaho Websate. www cityofboise org/pds Conditional Use Application This box for office use only File #: Fee: $3477 ' 4 Cross Referenced File(s): r, C\( O\ ' Are Pre-Application materials attached? E3 Yes No I The application is a request to co uct, add or change the use of the propew as follom: - Pl4h r&f //081, Q' - I ~ Commission Level Planned Development Special Excepllon fl Other: &;\/Ta& Note: When an application has been submitted, it will be reviewed in order to determine compliance with application requirements. It will not be accepted if it is not complete. A hearing date will be scheduled only after an application has been accepted as complete. I Applicant: AV-CB, LLC Purchaser Lessee Renter Phone: Fax: 4470 E. Columbia. Meridian. ID Applicant's Address: -- Zip: Tema Firm, LLC AgenVRepresentative: Phone: Agent/Representative's Address: d 801 E. State Street, Eagle, ID Kerby Kirkham Contact Person (if different from above): l(\<l+., Zip: Tccr c, F, rmh., sb~..,, Zip: Address of Subject Property: W. Franklin - Mapping Division must initial here Phone: to signify address verification. Property description (lot, See attached description Block & Subdivision name or recorded deed with a metes and b Parcel Number: S Section: NE Township: 16 Range: 3N

48 -. - Conditional Use Application 3 Size of property (square feet and/or acres]: 15.58Acres Water Issues: a. What are your fire flow requirements? 1500 GPM (Please see Appendix I 11 -A of Uniform Fire Code) b. What volume of water is available? 1500 GPM (Contocl United Woter of ldoho, Inc. ot ) Existing uses and structures on the property are as follows: Undeveloped Property - an old shed that will be removed as part of this development Are there any known hazards on or near the property? (such as canals, hazardous material spills, soil or water contamination). If so, describe them, and give their locations: NO Adjacent properties have the following building types and/or uses: North: M-lD South: R-lC East: R-1A I R-2D West: L-0 Maximum proposed structure height(s): 3 Stow residential (up to 35' max per ordinance) Number of Stories: Structures a. Number of proposed non-residential structures: Open space facilities Square footage of pro~osed non-residential structures or additions (if applicable): Gross Sauare Feet 1st Floor - 2nd Floor 3rd Floor b. Number of existing non-residential structures to remain: Square footage of existing non-residential structures to remoin: 1st Floor 2nd Floor 3rd Floor Gross Sauare Feet,. DEVELOPMEN ~ERVICES -

49 Conditional Use Application 4 c. Number of proposed residential structures (if applicable): 168 wndo units d. Size of pro~osed residential units (if applicable): Studio One-bedroom Two-bedroom Three-bedroom Total Number Number of Units x x x X X Sa. Ft. per Unit Number of existing units to remain: 0 8. Landscaping: Is any proposed? 9. Site Design: Yes, see attached plan Percentage of site devoted to building coverage: Percentage of site devoted to landscaping: Percentage of site devoted to paving: Percentage of site devoted to other uses: 139,509 sf 24% 316,978 sf 54% 129,973 (with Driveways) 22% Describe: Total: 100% 10. Parking a. 0 Handicapped spaces proposed: Handicapped spaced required: 0 b. Porking spaces proposed: 2Iunit (Garage) Parking spaces required: 1.5lunits c. Bicycle parking spaces proposed: 2 Bicycle parking spaces required: 2 d. Number of compact spaces proposed: Compact spaces allowed: N A e. Width(s) of garage door(s): ~ I P L G hfiw*\~ f. Restricted parking spaces proposed: 0 g. Are you proposing off-site parking? NO h. Are you requesting a shored parking or parking reduction? NO Note: If you are requesting a shared parking or parking reduction, you must submit a survey of persons using and working on the premises and any additional information demonstrating that use by the regular employees and visitors to the premises will require fewer off-street parking spaces than required by the Zoning Ordinance. 11. Setbacks: Front Rear Side Building Pro~osed Reauired _ APE BEVEL (St) Side S E R V G

50 Conditional Use Application Exterior Roof Walls Windows/Doors Fascia, Trim, Etc. Building Materials: See attached elevations Colors: See Attached Elevations 13. Loading facilities (if proposed): Number & Size: N A Location: Screening: 14. Drainage (proposed method of on-site retention): Seepage Beds and Swales 15. Floodways and Hillsides a. Is any portion of this property located in a Floodway or a 100-year Floodplain? NO b. Does any portion of this parcel have slopes in excess of 15%? YES Note: If either of the above answers to Number 15 is yes, than you will be required to submit an additional Floodplain and/or Hillside application and additional fee. You must submit the additional required application(s) for review at the same time as this request. 16. Airport Influence Area Is subject site located within the Airport Influence Area? Yes El No If so, you must obtain an avigation easement from the Boise Airport Director. The easement must be obtained before the issuance of building permits 17. Is the applicant requesting an infill F? U. D? Yes rn No Applicationsfor infill PU.D's must include documentation that shows that the site qualifiesas an infill site, including: a. A written statement explaining why this site may qualify as an infill PU.D. b. A vicinity map (8'h" x 11" at l"=30ot scale, available from PDS Mapping, showing: 1. The property lines of the subject lot. 2. The property lines and uses of all lots within the subject lot. c. Evidence (map) showing the location of sewer a ndhhr util' '... *$ft.. 4 2UOl Note: It is intended that "infill" PUDs are restricted to the City core area and general1 ar ot applicable to parcels of land located on the pcriphe~y of the City or recentlyww kdf SERVICES CUP Qi' QOQ62

51 18. Street Layout a. Review of public street layout: The impacts of proposed development on adjacent land uses and transportation facilities must be considered. A "Traffic lrnpact Study" (TIS) will be generally required by the Ada County Highway District, if the proposed development contains more than 100 dwelling units (includes hotels and motels as well as private dwelling units), more than 30,000 square feet of commercial use, or more than 50,000 square feet of industrial or institutional use, or has associated with it special circumstances deemed by ACHD to warrant an impact study. A copy of this study must be submitted with this application. Is a Traffic lrnpact Study required? Yes [7 No b. Review of private street layout: The impacts of proposed development on adjacent land uses and transportation facilities must be considered. A "Traffic lrnpact Study" (TIS) prepared by a traffic engineer will be required by Public Works and Planning 8 Zoning for the interior roadway and parking system. This requirement may be waived when it can be shown by the applicant that no section of on-site roadway will exceed 240 vehicle trips per day. Is a Traffic lrnpact Study required? Yes El NO Any revisions to the opplication must be received 14 days prior to hearing date or your application will be deferred to the next meeting. Signature ~ pp( cant/representative APR DEVELOPMENT SF Date

52 I 16 May 2007 Boise City Planning & Development Services 150 North Capitol Blvd. Boise, ID FIRST STREET SOUTH NAMPA, IDAHO FAX # Phones: Area Cade 208 OFFICE Nampo SHOP: Nampo RE: CAR & CUP W. Franklin Rd. Dear Planning & Development Services: Nampa & Meridian Irrigation District has no comment on the above-referenced application All laterals and waste ways must be protected. All municipal surface drainage must be retained on-site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, 5 & V 6ill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BHIdbg C: File - 0ffics:Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000

53 MEMORANDUM To : From: Susan Riggs, Planning & Development Services Pamela Williams, Solid Waste Program Coordinator Public Works, Environmental Division Subject: CAR / CUP , The Courtyards Condos at W. Franklin Rd. - Trash/Recycling Date: May 11, 2007 The project rep, Kerby Kirkham, indicated that centralized trash would be provided for this development with most dumpsters along the southern side. Following are the requirements for siting and configuration of the trash enclosures. Properties to the south and east are zoned residential; consequently the developer must be cognizant of noise disturbance to adjacent residents and locate containers away those property lines if possible. Commercial/Multifamily Trash Requirements: 1) Solid waste containers must be shielded from view of public streets by walls, fences, earthen berms or evergreen landscaping that provide an opaque, attractive sight barrier and that comply with all applicable city ordinances; 2) Enclosures must be located and configured to allow a direct approach and automated service by the trash truck; 3) To maximize safety and efficiency, a loop or hammerhead turn-around must be provided for the truck to exit after emptying the containers; 4) Enclosures must be on a firm, level surface pad of concrete or asphalt that is at least 12' wide, 10' deep, and 3" thick; 5) The minimum interior enclosure dimensions to house one 3-yard, 6-yard, or 8- yard container are 11' x 8' with a full 11' interior gate opening; 6) The minimum interior enclosure dimensions to house two 3-yard containen or one 6 or 8-yard trash container and a 3-yard cardboard recycling container are 17' x 8' with gates that open along the 17' side; 7) The enclosure gates must open 180 degrees and must be built to rest in an open position so they do not swing shut during collection; 8) The path of the truck must be free of overhead lines, overhanging trees, and other obstructions. The tallest truck in use is 15' high; 9) There must be at least 24' of overhead clearance in the vicinity of the endosure to avoid damage and interference while containen are being emptied; 10) Consider establishing a recycling program to divert paper/cardboard, plastics, and metals from the waste stream. Contact Allied Waste at for details on commercial and multifamily recycling service.

54 To: BOISE CITY PUBLIC WORKS DEPARTMENT Boise City Planning & Zoning DEPARTMENT CORRESPONDENCE Re: CAR CUP ; 12449~.~1ank,in~d.~ Date: May 22,2007 ece[ve CONDITIONS OF APPROVAL MAY SEWER CONDITIONS -JIM PARDY ( ) DEVELOPMENT SERVICES Upon development of the property, connection to central sanitary sewer is required. Sewers are available in an easement at the southwest comer of Monsanto. Applicant shall contact Public Works regarding extension of the sewer system and connection of pipeline at the southwest comer of the site ( ). DRAINAGE / STORM WATER CONDITIONS - BRIAN MURPHY ( ) - A - - A drainage ~ lan must be submitted and a~proved. by Public Works. Drainage conditions shall be placed during the subdivision platting process. Approvals of subdivision building pads are conditional to slab on grade structures only (not structures with basements). STREET LIGHT CONDITIONS -BILL COLSON ( ) No comment. PERSON MAKING OTHER COMMENTS - TERRY RECORDS ( ) OTHER COMMENTS - Prior to final plat approval by the City Council a final geotechnical report must be approved by Public Works. The report must investigate the potential impacts of seepage from the canal on the development and, if necessary, make recommendations to mitigate the impact. cc: Applicant

55 Conditions Associated With Case #: PRE Condfiion SWus Updated Code Title Hold Stabs Changed By Trig ate- BY 0026 CUSTOM None Met 5/24/2007 MS MS Fire can approve this conditional use plan.

56 Right+ Why &Development Services Depar z6 Committed to Projdile. Lead Agency: Site address: Commission Hearing: Commission Approval: Courtyard Condos This is an annexation and rezone, conditional use, and preliminary plat application for 168 condo units on approximately 15 acres. City of Boise W. Franklin Road June 27,2007 June AV-BC. LLC 4470 E. Columbia Road Meridian, ID Representative: Staff Contact: Terra Firm, Inc 801 E. State Street Boise, ID Mindy Wallace Phone: mwallaceaachd.ada.id.us Tech Review: June 15,2007 Application Information: Acreage: Current Zoning: A-I Proposed Zoning: R-2D Condo Units: 168 Common Area: 6.57 Acres A. Findinns of Fact JUN PLANNING & DEVELOPMENT SERVICES Existing Conditions 4 Site Infortnation: The site is currently vacant. Courtyard Condos

57 2. Description of Adjacent Surrounding Area: Direction Land Use ] Zoning North I Open Land1 Limited Industrial I A-TIM-ID E:.l Single-fam~ly res~dent~al Neighborhood Commercial p e a I Limited Mice 1 L-0 3. Existing Roadway Improvements and Right-of-way Adjacent To and Near the Site Cloverdale Road is currently improved with 2 traffic lanes (3 traffic lanes at the intersection), and no curb, gutter, or sidewalk abutting the site. There is 50 to 90-feet of right-of-way existing for Cloverdale Road (40-feet from centerline). Franklin Road is currently improved with 2 traffic lanes (3 traffic lanes at the intersection), and no curb, gutter or sidewalk abutting the site. There is 80 to 85-feet of right-of-way existing for Pierce Park Road (40-feet fmm centerline). 4. Existing Access: There is no defined access point to this property. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: This development is estimated to generate 1,129 additional vehicle trips per day based on the submitted traffic impact study. 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Impacted Roadways: Roadway Cloverdale Road Frontage 700' Functional Classification Minor Arterial Traffic Count 13,642 north of Franklin on 11/9/06 Level of Service' Better than 'C" I I I 1 11 A37.-- south -- of 1 I I 9. Capital lmprovements PlanlFive Year Work Program The following projects are scheduled in the District's Five Year Work Program Speed Limit 35 MPH Franklin on Franklin Road 1,320' Principal west of Exceeds 35MPH Arterial Cloverdale on 'E" 1 8/8\06 'Acceptable level of service for a two-lane minor arterial roadway is "D" ( VTD). *Acceptable level of service for a two-lane principal arterial madway is ' E (15,500 Vb). The intersection of Cloverdale and Franklin Roads is scheduled to be widened to 7-lanes on the north leg. 6-lanes on the south leg, 9-lanes on the west leg, and to &lanes on the east leg and signalized in Courtyard Condos

58 Franklin Road between Eagle and Five Mile Roads is scheduled to be widened to Wanes in Cloverdale Road between Franklin Road and Fairview Avenue is scheduled to be widened to 5-lanes in The following improvements are scheduled in the District's Capital Improvement Plan (CIP). Franklin Road between Eagle and Five Mile Roads is scheduled to be widened to 7-lanes in 11 to 20 years. B. Findings for Consideration 1. Traffic Impact Study Below is an executive summary of the submitted traffic impact study prepared by Stanley Consultants: Courtyard Subdivision is located in the southwest quadrant of Franklin Road and Cloverdale Road intersection in Boise, Idaho. Courtyard Subdivision is a residential development comprising of 168 multi-family dwelling units and is projected to be built out by The traffic impact study for Courtyard Subdivision concludes and recommends the following. Courtyard Subdivision is projected to generate an average daily traffic (ATD) of 1,129 vehicles per day (vpd) and PM peak hour traffic of 104 vehicles per hour (vph). Courtyard Subdivision is not projected to attract any pass-by trips off Franklin and Cloverdale Roads during the PM peak hour at build out. At build out, Courtyard Subdivision site traffic is projected to have the following distribution patterns: o 23% of the site traffic is projected to have originsldestinations north of the site and travel on Cloverdale. o 22% of the site traffic is projected to have originsldestinations south of the site and travel on Cloverdale Road. o 29% of the site traffic is projected to have originsldestinations west of the site and travel on Franklin Road. o 26% of the site traffic is projected to have originsldestinations east of the site and travel on Franklin Road. Background traffic near the site is projected to increase by a 2% annual growth rate, which is based on the City of Boise population and household forecasts as adopted in the COMPASS Community Choices Demographic Forecast. This growth rate would include current developments near the site. Cloverdale Road is included in the Ada County Highways Districts (ACHD) Five Year Work Program (FYWP) to be widened from 213 lanes to five lanes from Franklin Road to south of Fairview Road by 2010 to mitigate the background traffic growth. Franklin Road is included in the ACHD F MP to be widened to five lanes from Touchmark Road to Five Mile Road by 2009 to mitigate the background traffic growth. The Cloverdale Road and Franklin Road intersection improvement is included in the project. Courtyard Condos

59 Franklin Road and Cloverdale Road intersection is projected to operate as follows during the PM peak hour with existing lane configuration and intersection control (signalized). Ada County Highway District (ACHD) Five Year Work Program planned roadway and intersection improvements near the site were considered in the intersection performance analysis: o 2007 Existing: LOS D o 2012 Background: LOS C o 2012 Background + Site: LOS C o 2027 Background: LOS C o 2027 Background + Site: LOS C No proposed site access driveways on Franklin and Cloverdale Roads are projected to have a significant impact at the proposed site access intersections to require any improvements. All proposed approaches are projected to operate at an acceptable LOS during the PM peak hour. At build out, the existing and planned roadways and intersections near the site is projected to have sufficient capacity to accommodate the traffic growth and site traffic. At build out, all proposed internal roadways are projected to carry less than 1,000 vpd No right-turn lanes are warranted on Franklin and Cloverdale Roads at the proposed site access driveway intersections with Franklin and Cloverdale Roads. Only the middle driveway and Franklin Road intersection westbound approach warrants one left-turn lane (which is included in the ACHD FWP). Sidewalks should be constmcted along the site frontage on Franklin and Cloverdale Roads for pedestrian safety and school route connectivity. Staff ComrnentlRecommendation: Staff comments are provided by District Traffic Services staff. Distances were not shown in the traffic impact study; however the three access points on Franklin Road should be consolidated. Cloverdale Road Right-of-way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-FIB). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Applicant's Proposal: The applicant has proposed to construct a 5-foot meandering sidewalk abutting the site along Cloverdale Road. Staff CommentlRecommendation: As identified in the District's Five Year Work Program the intersection of Cloverdale and Franklin Road is scheduled to be widened in The south leg of the intersection is going to be widened to a 6-lane roadway section at the intersection. To accommodate the 6-lane intersection the applicant will be required to dedicate 51-feet of right-ofway abutting the site on Cloverdale Road for 555-feet to the south. The 555-feet is measured from the centerline of Franklin Road south (see attached plans). The applicant will taper the right-ofway to 48-feet from centerline abutting the site for the remainder of the frontage, approximately 145-feet. Additionally, the applicant will be required to dedicate additional right-of-way on Cloverdale Road to form a triangle at the intersection as identified on the attached construction drawings for the intersection improvements. Courtyard Condos

60 The applicant will be required to provide the district with a road trust in the amount of $14, for the construction of the sidewalk as part of the scheduled roadway improvement projects. 3. Franklin Road Right-of-way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-FIB). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter. 5-foot concrete detached sidewalks and bike lanes. Applicant's Proposal: The applicant has proposed to construct a 5-foot meandering sidewalk on Franklin Road abutting the site. Staff ComrnenURecornrnendation: As identified in the District's Five Year Work Program the intersection of Cloverdale and Franklin Road is scheduled to be widened in The west leg of the intersection it to be widened to a 9-lane roadway section at the intersection. This section of Franklin Road is also scheduled in the District's Capital Improvement Plan to be widened to 7-lanes in 11 to 20 years. To accommodate both the intersection improvements and the future widening of the roadway to 7-lanes the applicant will be required to dedicate 60-feet of right-of-way from the centerline of Franklin Road abutting the site its entire frontage. Additionally, the applicant will be required to dedicate additional right-of-way on Franklin Road to form a triangle at the intersection as identified on the attached construction drawings for the intersection improvements. The applicant will be required to construct the 5-foot detached meandering sidewalk abutting the site on Franklin Road, as proposed. The sidewalk should be located a minimum of 53feet from the centerline of Franklin Road in its ultimate location abutting the site. The applicant will be required to provide an easement for any segment of the sidewalk located outside of the right-of-way. 4. Driveways Access Policy: District policy states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Driveway Access from a Signalized Intersection: District policy 72-F4 (I) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet fmm the signalized intersection for a full-access driveway and a minimum of 220-feet from the signalized intersection for a right-inlright-out only driveway. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, , the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the madway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Applicant's Proposal: The applicant has proposed one driveway to intersect Cloverdale Road located approximately 360-feet (measured property line to near edge) from the north property line. The applicant has proposed to construct three driveways to intersect Franklin Road. The first driveway is located approximately 440-feet (measured property line to near edge) west of the east properly line. The second driveway is proposed to be located approximately 770-feet (measured properly line to near edge) west of the east property line. The third driveway is located Courtyard Condos

61 approximately 1,490-feet (measured property line to near edge) west of the east property line. All of the driveways are proposed to be full access and 28-feet in width. Staff CommentlRecommendation: The applicant's proposal for the full access driveway does not meet District policy as driveway needs to be located at least 440-feet from a signalized intersection to be taken into consideration for a full access driveway. Because the proposed driveway does not meet District policy, and will be located within the turn lane and taper (approximately 800-feet south from the intersection) area of the intersection the proposed driveway will be restricted to rightinlrightaut access only. The applicant will either need to install an island within the driveway or provide the District with a road trust for the future installation of a median on Cloverdale Road when future safety issues arise. The applicant's proposal for the driveway to be 28-feet in width is approved, as proposed. The applicant will be required to 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 The applicant's proposal for the first driveway to intersect Franklin Road, located approximately 440-feet west of the intersection meets one District policy, but not all of them. Due to its close proximity to the intersection, the length of the turn lanes and taper (approximately 1,000-feet), and the potential for cut through traffic a driveway will not be allowed in the proposed location. The applicant's proposal for the second and third full access driveways located 770 and 1,490-feet west of the intersection are approved as proposed. The driveway meet offset policy and align with driveways on the north side of Franklin Road. The driveway width of 28-feet is approved, as proposed. The applicant will be required to 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 5. Tree Planters Tree Planter Policy: The District's Tree Planter Width Interim Policy prohibits all trees in planters less than 6-feet in width. In addition to prohibiting trees in planters less than 6-feet in width, the policy requires a minimum planter width of 6-feet for class II tress with the installation of root barriers on both sides of the planter strip or a minimum planter width of &feet without the installation of a root barrier. The policy also requires Class I and Class Ill trees to provide a minimum planter width of 10-feet. 6. Other Access Cloverdale Road is classified as a minor arterial roadway. Franklin Road is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and should be noted on the final plat. C. Site Specific Conditions of Approval 1. The applicant will be required to dedicate 51-feet of right-of-way abutting the site on Cloverdale Road for 555-feet (measured from the centerline of Franklin Road)to the south (see attached plans). The right-of-way will then taper the to 48-feet from centerline abutting the site for the remainder of the frontage, approximately 145-feet. The applicant will be required to dedicate additional right-of-way on Cloverdale Road to form a triangle at the intersection of Cloverdale and Franklin Roads as identified on the attached construction drawings for the intersection improvements. 2. The applicant will be required to provide the district with a road trust in the amount of $14, for the construction of the sidewalk as part of the scheduled roadway improvement projects. Courtyard Condos

62 The applicant will be required to dedicate 60-feet of right-of-way from the centerline of Franklin Road abutting the sites entire frontage. The applicant will be required to dedicate additional rightof-way on Franklin Road to form a triangle at the intersection as identified on the attached construction drawings for the intersection improvements. Construct a 5-foot detached concrete meandering sidewalk abutting the site on Franklin Road, as proposed. The sidewalk should be located a minimum of 53-feet from the centerline of Franklin Road in its ultimate location abutting the site. Provide an easement for any segment of the sidewalk located outside of the right-of-way. Construct one right-inlright-out driveway to intersect Cloverdale Road located approximately 360- feet south of the north properly line. Construct the driveway to a width of 28-feet, 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. Construct two driveways to intersect Franklin Road located approximately 770 and 1,490-feet west of the east properly line, as proposed. Construct the driveway to a width of 28-feet, 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. Other than the access specifically approved with this application, direct lot access is prohibited to Cloverdale Road and Franklin Road and shall be noted on the final plat. Comply with all Standard Conditions of Approval. 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 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.. -I Courtyard Condos

63 9. 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. 10. Payment of applicable mad impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 11. 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 ( ) 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. 12. 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. 13. 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 waiverlvariance 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. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed useldevelopment will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Intersection Design Drawings 4. Request for Reconsideration Guidelines OR Appeal Guidelines 5. Development Process Checklist Courtyard Condos

64 Courtyard Condos