Subdivision Staff Report

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1 Subdivision Staff Report Subdivision Name Coldstream File Number SUB Subdivision Approval Preliminary Plat Lead Agency Boise City Annexation Date December 9, 1974 Comp. Plan Complies Public Hearing Date August 29, 2006 Heard by Boise City Council Planning and Zoning Commission Approval July 10, 2006 Reviewed By David Abo, AICP Description: This is a proposed single family residential subdivision with four buildable lots with a common driveway on.7 acre. The density of the subdivision is 5.71 dwelling units per acre. The subject property is currently improved with an existing residence and accessory building. The accessory building which will be removed. Location: The subject property is located at the west side of North Collister Drive approximately 500 feet north of West State Street. Contents: Basis for Recommendation Vicinity map Preliminary Plat Aerial Map Recommended Conditions of Approval Technical Review and Agency Comments

2 2 of 17 Basis for Recommendation The Boise City Planning and Zoning Commission recommended approval of the Preliminary Plat of the Cold Stream Subdivision on July 10, 2006, subject to Recommended Conditions of Approval. The plat design and layout is in conformance with the Comprehensive Plan and complies with the basic requirements of the Boise City Subdivision and Zoning Ordinances. Condition 1 Condition 2 Condition 3 Condition 4 Condition 5 This condition requires that the common driveway be a minimum of 20 feet wide. This condition requires that vehicular access for all lots within the subdivision be from the common driveway. This condition prohibits duplex development on lots that access the common driveway. This condition requires that the common drive comply with all requirements of Section I. This condition requires plat notes regarding the common driveway. Condition 6 This condition requires that the existing carport on Lot 1 and the existing detached structure located between Lot 3 and Lot 4 shall be demolished or removed. Condition 7 This condition requires a sidewalk along the common driveway on either the north or south side. Staff Perspective General The recommended conditions of approval are required to bring the proposed Preliminary Plat into compliance with Boise City and Idaho Codes and have been confirmed by the Boise City Planning and Development Services Department. Staff has reviewed the agency comments and Staff recommends approval based upon Staff's finding that all concerns of the commenting agencies have been addressed. To avoid potential problems the developer is directed to review the concerns identified in the technical reviews to verify that this statement is correct. Street Connectivity All of the lots in the subdivision will have street frontage on North Collister Drive. No new streets are proposed. The property to the north and south are developed. The property to the west is the Farmer s Union Irrigation Canal.

3 3 of 17 Sidewalk The applicant has proposed to construct a 5-foot detached concrete sidewalk abutting the site, within the right-of-way of North Collister Drive. Staff is requiring a sidewalk along the common driveway on either the north or south side. None known. Conditions in Dispute

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7 4 of 17 Special Conditions Recommended Conditions of Approval 1. The common driveway shall be a minimum of 20 feet in width as per Section I.2. of the Boise City Code. 2. Vehicular access for Lots 1, 2, 3 and 4 shall be from the common driveway. 3. Duplexes shall be prohibited on Lots 1, 2, 3, and 4, regardless of the zoning. 4. Comply with all requirements of Section I. of the Boise City Code. 5. The plat shall include delineations that describe the boundaries of a minimum 20-foot wide perpetual ingress/egress common driveway easement for Lots 1, 2, 3 and 4, Block 1. The paved width of the driveway shall be 20-feet wide. A. Design: Where practical the boundary of said easement shall align with the property line. The developer and/or owner shall also submit a site plan showing: 1) The location of the common driveway, 2) The location(s) of private driveways, 3) The location of typical building foundation layout and orientation for each lot, 4) The location and type of no-parking signs, and 5) Typical building setbacks: This information is necessary in order that the applicant become fully aware of the subsequent design and marketability of lots that are accessed by a common driveway, and to provide evidence to Boise City that the design of the subdivision will benefit from the use of common driveways. B. Construction: Paving of the common driveway and related utilities shall be constructed concurrently with all other required public improvements of this subdivision. Otherwise, the applicant shall bond for 110% of the value and enter into a non-build agreement for the affected lots until such time as the improvements are made. 1) Common driveways shall be installed within 90 days of the issuance of the first building permit in the development, if building permits are obtained prior to completion of common driveway improvements. C. Addressing: Street address numbering shall be in accordance with B.C.C D. The developer and/or owner shall submit evidence that the address

8 5 of 17 numbers posted on the structures on Lots 1, 2, 3 and 4, Block 1, will be visible from the street. Otherwise, a signage plan shall be submitted to and approved by the Boise City Fire Department and the Boise City Planning and Development Services Department ensuring compliance with the Boise City Street Name and Addressing Ordinance. Additional signage may be required. 1) Plat Note Requirements: Notes on the face of the Final Plat are required: a) Which state, "Vehicular access to Lots 1, 2, 3 and 4, Block 1, shall be provided from the common driveway and not from Collister Drive. Setbacks for required parking shall be a minimum of 20- feet from the edge of the built common driveway, or property line whichever is more restrictive, and parking on the common driveway is prohibited." and b) Which state, Duplex structures may not be constructed on lots that utilize a common driveway, regardless of zoning district," and c) Which set forth the legal description of the driveway and convey to those lot owners taking access from the driveway(s) and easement(s), the perpetual right of ingress and egress over the described driveway, and provides that such perpetual easement(s) shall run with the land. D. Covenant Requirements: A restrictive covenant or other similar deed restriction(s) acceptable to the Boise City Attorney shall be recorded at the time of recording the plat which provides: 1) For the perpetual requirement for the maintenance of the driveway(s) and cross easement, and 2) That said restrictions shall run with the land, and that said easement(s) and restrictions shall be reviewed and approved by the Boise City Attorney. 6. The existing carport attached to the residence and the detached garage shall be demolished or removed. In addition, a permit is required to perform the demolition/relocation and must be obtained and finaled prior to the Boise City Engineer signing the Final Plat. 7. A four foot wide concrete sidewalk shall be constructed the entire length of the common driveway. The sidewalk may be placed on the north or south side of the driveway. Covenant Requirements

9 6 of Covenants, homeowners association by-laws or other similar deed restrictions acceptable to the Boise City Attorney, which provide for the use, control and maintenance of all common areas, storage facilities, recreational facilities or open spaces shall be reviewed and approved by the Boise City Attorney. Erosion Control Requirements 9. Prior to the City Engineer's Certification of the Final Plat and prior to earth disturbing activities, an erosion and sediment control (ESC) permit must be obtained. An ESC plan conforming to the requirements B.C.C. Title 8 Chapter 17, is to be submitted to the Director of Planning and Development Services for review and approval. No grading or earth disturbing activities may start until an approved ESC permit has been issued. 10. An individual who has attended the Boise City Responsible Person (RP) certification class, or has obtained Interim Certification for Responsible Person is not identified for this project. A permit will not issue until such time as the name and certification number of the RP has been provided to Boise City. This information can be faxed to or ed to Irrigation Conditions 11. Comply with Idaho Code Section and Boise City Code Section J concerning pressure irrigation requirements prior to signing of the Final Plat by the Boise City Engineer. A. The owner or person, firm or corporation filing the subdivision plat shall provide a pressurized irrigation system. The system must conform to the minimum design standards and specifications of Boise City or of the entity that will operate and maintain the system, if that entity has published standards. Fees: Developer and/or owner shall pay the current inspection and plan review fees on the proposed subdivision prior to signing of the Final Plat by the Boise City Engineer (B.C.C ). B. Developer may construct prior to Final Platting or bond in the amount of 110% of the estimated construction costs. C. Prior to either commencing construction or signing of the Final Plat by the Boise City Engineer, developer shall: 1) Submit construction plans and specifications for the pressurized system, stamped by a registered engineer, to the Department of Public Works and acquire approval there from.

10 7 of 17 2) Provide written assurance that provisions have been made for ownership, operation, and maintenance of the system. 3) Delineate all necessary irrigation easements on the Final Plat (B.C.C F). D. Developer shall provide for an independent inspection of the installation of irrigation facilities and written certification by the design or project engineer that the system was installed according to the approved plans. In addition, the Department of Public Works must be present for the system pressure test and participate in a final inspection. 12. No ditch, pipe or structure for irrigation water or irrigation waste water shall be obstructed, rerouted, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the ditch company officer in charge. A. A copy of such written approval by the ditch company officer shall be filed with the construction drawing and submitted to the Department of Planning and Development Services prior to signing of the Final Plat by the Boise City Engineer (B.C.C F.2). 13. Fence, cover or tile all irrigation ditches, laterals or canals and drains, exclusive of natural waterways, intersecting, crossing or lying adjacent to the subdivision prior to Final Platting or post bond in the amount of 110% of the estimated improvement cost with the Boise City Planning and Development Services Department. "Adjacent" is defined by the Boise City Code as "located within less than sixty feet (60') of any lot included in the development." A. Any covering or fencing program involving the distribution of any irrigation district shall have the prior approval of the affected district. B. If the developer requests a water amenity, such request shall comply with B.C.C F.5. C. Fencing shall be installed within 90 days of the issuance of the first building permit in the development, if building permits are obtained prior to completion of fencing improvements. Sewer Conditions 14. Wet line sewers are required.

11 8 of 17 A. The developer shall provide Boise City Public Works Department with a letter from the Northwest Boise Sewer District stating that sewer has been installed and has been accepted for service or provide evidence, by way of contract or other means, which assures sewer service will be provided and that the necessary bonding are in place to assure completion of said sewer. General Conditions 15. The developer shall make arrangements to comply with all requirements of the Boise City Fire Department and verify in one of the following ways: A. A letter from the Boise City Fire Department stating that all conditions for water, access, and/or other requirements have been satisfied, B. A non-build agreement has been executed and recorded with a note on the face of the Final Plat identifying the instrument number. NOTE: OR 1) For streets having a width less than 36 feet back of curb to back of curb parking shall be restricted on (1) one side; for streets having a width less than 29 feet back of curb to back of curb parking shall be restricted on both sides; and for standard ACHD cul-de-sacs parking shall be restricted on both sides. A note on the face of the Final Plat is required noting the parking restriction prior to signing of the Final Plat by the Boise City Engineer. 2) No Parking signs and curb painting shall be required on streets having a width less than 36-feet, back of curb to back of curb. Contact the Boise City Fire Department for sign placement and spacing. Developer may either construct prior to Final Platting or post bond in the amount of 110% of the estimated costs with the Boise City Planning and Development Services Department. 16. The name, Coldstream Subdivision, is reserved and shall not be changed unless there is a change in ownership, at which time, the new owner(s) shall submit their new name to the Ada County Engineer for review and reservation. Should a change in name occur, applicant shall submit, in writing, from the Ada County Engineer, the new name to the Department of Planning and Development Services and re-approval by the Council of the "revised" Final Plat shall be required. Developer and/or owner shall submit all items including fees, as required by the Planning and Development Services Department, prior to scheduling the "revised" Final Plat for hearing.

12 9 of Correct street names as approved by the Ada County Street Name Committee shall be placed on the plat (I.C. Title 50, Chapter 13). 18. A letter of acceptance for water service from the utility providing same is required (B.C.C C). 19. Developer shall provide utility easements as required by the public utility providing service (B.C.C F). 20. Developer shall provide a letter from the United States Postal Service stating, "The Developer and/or Owner has received approval for location of mailboxes by the United States Postal Service." Contact: Dwight Douvia, Postmaster 770 S. 13th St. Boise, ID Phone No. (208) FAX No. (208) Approval of sewer and water facilities by the Central District Health Department is required (I.C. Title 50, Chapter 13). 22. Developer shall comply with all construction standards of Ada County Highway District including approval of the drainage plan, requirements for installing curb, gutter, sidewalks and paving throughout the subdivision as specified by the Boise City Council. Signature by the Ada County Highway District on the plat is required (I.C. Title 50, Chapter 13). 23. Prior to submitting the Final Plat for recording, the following endorsements or certifications must be executed: Signatures of owners or dedicators, Certificate of the Surveyor, Certificate of the Ada County Surveyor, Certificate of the Central District Health Department, Certificate of the Boise City Engineer, Certificate of the Boise City Clerk, signatures of the Commissioners of the Ada County Highway District and the Ada County Treasurer (I.C. Title 50, Chapter 13). 24. Developer shall comply with B.C.C D.2 which specifies the limitation on time for filing and obtaining certification. Certification by the Boise City Engineer shall be made within two years from date of approval of the Final Plat by the Boise City Council. A. The developer may submit a request for a time extension, including the appropriate fee, to the Boise City Planning and Development Services Department for processing. Boise City Council may grant time extensions for a period not to exceed one year provided the request is filed, in writing, at least

13 10 of 17 twenty working days prior to the expiration of the first two year period, or expiration date established thereafter. B. If a time extension is granted, the Boise City Council reserves the right to modify and/or add condition(s) to the original preliminary or Final Plat to conform with adopted policies and/or ordinance changes. C. The Final Plat shall be recorded with the Ada County Recorder within one year from the date of the Boise City Engineer s signature. If the Final Plat is not recorded within the one-year time frame it shall be deemed null and void. 25. A letter from the appropriate school district is required stating, "The Developer has made arrangements to comply with all requirements of the School District." 26. No building permit for the construction of any new structure upon property within a proposed subdivision plat shall be accepted until the Final Plat has been recorded pursuant to the requirements of the Boise City Subdivision Ordinance, Section A The Coldstream Subdivision is approved for four buildable lots.

14 11 of 17 Technical Review and Agency Comments Boise City Planning and Development Services: Subdivision Section Staff has reviewed the Preliminary Plat and noted that all proposed lots conform to the minimum dimensional standards of the R1-C Zoning District. Comprehensive Planning and Zoning Section The land use designation of the subject property on the Land Use Map is Low Density Residential (4 dwelling units per acre). As previously mentioned the subject property is currently zoned R-1C which is consistent with the Land Use Map. The applicant is proposing a common driveway to provide access to the four proposed lots. The common driveway must comply with Section A.2. of the Boise City Code. Building Section Marlene Southard, May 30, 2006 The carport attached to the existing dwelling and the detached garage must be removed and/or demolished prior to the Boise City Engineer signing the Final Plat. A permit can be obtained by contacting the Planning and Development Services Department Permit Desk at Sediment and Erosion Control Steve Webb An erosion and sediment control plan (ESC) conforming to the requirements B.C.C. Title 8 Chapter 17 is to be submitted to the Director of Planning and Development Services for review. No grading or earth disturbing activities may start until approval of the ESC plan has been received and an ESC permit issued. An individual who has attended the Boise City Responsible Person (RP) certification class, or has obtained Interim Certification for Responsible Person is not identified for this project. A permit will not issue until such time as the name and certification number of the RP has been provided to Boise City. Boise City Public Works: Drainage/Hillside - Terry Records No special comment. Use Standard Drainage condition. Engineering Rob Bousfield No special comment. Pressure Irrigation - Kent Johnson Compliance with Idaho Code, Section and Boise City Code Section J is required. Sewer - John Johnson

15 12 of 17 Property located within the Northwest Boise Sewer District. Street Lights - Henry Alarcon No street lights are required. Boise City Fire Department David Miller, May24, 2006 The Boise Fire Department has reviewed this application and can approve the Preliminary Plat with the following conditions. Any deviation from this plan is subject to Fire Department approval. Specific Requirement: Fire Department vehicular access shall be provided to within 150' of all portions of the nonsprinklered buildings. This distance can be increased somewhat for sprinklered buildings but exact distances are on a case-by-case basis. All Fire Department access roads, fire lanes, bridges, and gates are to be a minimum of 20' wide with 13' 6" overhead clearance, shall be capable of supporting 70,000 lbs GVW (24,000 lbs per axle), and shall be paved. Fire Department access roads and fire lanes shall have a minimum outside turning radius of 48' with an inside radius of 28'. Any dead-end road in excess of 150' needs a Fire Department approved turnaround. No grade may exceed 10% (please note that fire apparatus are designed for a maximum 6% grade). Dead end roads are prohibited from exceeding 700 feet. Width and turning radius measurements specified by this paragraph can include those surfaces vehicles generally drive upon. Specifically, gutter and rolled curb are generally considered useable, while vertical curb or sidewalks are not. Specific Requirement: For streets having a width less than 36 feet back of curb to back of curb parking shall be restricted on (1) one side; for streets having a width less than 29 feet back of curb to back of curb parking shall be restricted on both sides; and for standard ACHD cul-de-sacs parking shall be restricted on both sides. A note on the face of the final plat is required noting the parking restriction prior to signing of the final plat by the Boise City Engineer. Specific Condition: Streets must be marked accordingly. Specific Requirement: Maximum hydrant spacing for this project is 500 feet between hydrants. Specific Condition: Hydrants noted on the Preliminary Plat appear to be adequate. However, we reserve the right to modify requirements as more information comes to light. Variables affecting hydrant numbers and location include, but are not limited to, area, construction type, existing hydrants, accuracy of information provided in the application, strategic location for fire fighting forces, and required fire flow. New hydrants must be "non-private" installations. General Requirement:

16 13 of 17 Fire Department required fire hydrants, access, and street identification shall be installed prior to construction or storage of combustible materials on site. Provisions may be made for temporary access and identification measures. Specific building construction requirements of the International Building Code, International Fire Code, and Boise City Code will apply. However, these provisions are best addressed by a licensed Architect at building permit application. Please feel free to have the applicant contact David S. Miller, Boise City Parks Department Cheyne Weston No comments received. Boise Airport John Anderson No comments received. Ada County Highway District Andrew Mentzer, June 9, 2006 B. Findings for Consideration 1. Collister Drive Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Sidewalk Policy: District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways ( ). Applicant Proposal: The applicant has proposed to construct a 5-foot concrete sidewalk abutting the site, within the right-of-way. A total dedication of 35-feet of right-of-way from centerline of Collister Drive is proposed with this application. Staff Recommendation: The applicant s proposals meet District policy requirements and should be approved. 2. Driveways Offset Policy: District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 30 to align or offset a minimum of 125-feet from any existing or proposed driveway. Width Policy: District Policy restricts residential driveways to a maximum width of 20-feet.

17 14 of 17 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 roadway. Applicant Proposal: The applicant has proposed to construct one common driveway with this application intersecting Collister Drive approximately 64-feet north of the south property line. It is to be a 12-foot wide paved approach within a 20-foot access/utility easement providing access to the site as well as the existing home. Staff Comment/Recommendation: The applicant s proposal does not meet District offset and alignment requirements, however a modification of policy may be granted due to the constraints of the site (alignment could only be achieved by removing the existing house). The existing house should take access from the proposed common driveway. C. Site Specific Conditions of Approval 1. Construct the site s access point intersecting Collister Drive approximately 64-feet north of the south property line to be no greater than 20-feet in width, paved its entire width, and at least 30-feet into the site. 2. Construct a 5-foot detached concrete sidewalk for Collister Drive to be no closer than 28- feet from centerline within the right-of-way. 35-feet of right-of-way should be dedicated from the centerline of Collister Drive. 3. Any access to Collister Drive not specifically approved with this application is prohibited. 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. 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.

18 15 of Comply with the District s Tree Planter Width Interim Policy. 6. 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. 7. 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. 8. 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. 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 road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-ofway. 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 waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought.

19 16 of 17 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 use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Ada County Street Name Committee The following existing street names shall appear on the plat: N. COLLISTER DR Central District Health Department Malcohm McGregor After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. The following plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: A. Central Sewage B. Central Water Street runoff is not to create a mosquito breeding problem. STORMWATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) Stormwater Best Management Practices Guidebook Prepared by the Boise City Public Works Department, May ) State of Idaho Catalog of Stormwateter Best Management Practices for Idaho Cities and Counties Prepared by the Idaho Division of Environmental Quality, July Boise City Canal Company May 26, 2006 This project is fronted by Lateral #44 off of the Boise City Canal. Irrigation service would be available on a rotation basis with other users on this lateral.

20 17 of 17 Should the developer not make use of the irrigation water, the existing piping must be retained and protected. Also, should the developer wish to relocate or replace the piping Boise City Canal Company reserves the right to review plans prior to work being done. Independent School District of Boise City #1 Sarah Stobaugh, May 23, 2006 At the present time, the Developer and/or Owner have made arrangements to comply with all requirements of the Boise School District. The schools assigned to the proposed project area are: Elementary School: Collister Junior High School: Hillside High School: Capital United States Postal Service - Dwight Douvia, Postmaster The following are the basic conditions requested by the Postal Service. 1. In all new residential areas, service will be provided to Cluster Box Units (CBUs). It will be the responsibility of the contractor to pour a cement pad meeting the required specifications in a location(s) approved by the Postal Service. 2. The clustering of all boxes in one approved area is recommended for multi-family dwellings, e.g., condos, duplexes, triplexes, etc. All locations must still be approved. 3. Infill development, defined as three or less residential lots, may receive the existing mode of delivery as the rest of the neighborhood. All locations must still be approved.

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