The following application has been scheduled for hearing by the Boise City Council on February 15, 2011:

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1 MEMORANDUM TO: FROM: Mayor and City Council David Abo, AICP Chief Subdivision Review Analyst Boise City Planning and Development Services DATE: February 8, 2011 The following application has been scheduled for hearing by the Boise City Council on February 15, 2011: SUB , UNION SQUARE SUBDIVISION Request for a one-year time extension on surety bond for clubhouse and pool, tot-lot and amenities. *** Staff recommends approval of a one-year time extension to February 15, Table of Contents Page 2 Staff Report Page 2 Request Page 2 Description Page 3 Location Page 3 Staff Recommendation Page 3 Condition of Approval Page 4 Applicant s Letter of January 27, 2011 Page 5 Maps Page 5 Vicinity Map Page 6 Preliminary Plat of Union Square Subdivision Page 7 Plat of Union Square Subdivision No. 1 Page 8 Plat of Union Square Subdivision No. 2 Page 9 PUD Plan for Union Square Page 10 Aerial Photo 1

2 SUB / Union Square Subdivision / Bonding Time Extension Boise City Council / February 15, 2011 Time Extension Staff Report Subdivision Name Union Square Subdivision File Number SUB Approval Bonding Time Extension Lead Agency Boise City Public Hearing Date February 15, 2011 Comp. Plan Complies Final Plat Approval September 26, 2006 Heard by Boise City Council Final Plat Recorded June 17, 2008 Analyst David Abo, AICP Request: The applicant is requesting a one-year time extension for the completion of construction of clubhouse and pool, tot-lot and amenities for the Union Square Subdivision. Description: This is a multi-use subdivision (SUB ) that was originally approved for 109 buildable lots with 197 residential units and 21 common lots on acres. Five of the lots will be developed as condominium plats. The residential density of the subdivision is 6.75 dwelling units per acre. The site was rezoned from A to R-2D/DA (28.25 acres) and PC/DA (6.07 acres) by CAR The subdivision was subject to approval of an associated conceptual Conditional Use Permit (CUP ). The conditional use included a planned unit development for 27 single-family detached homes, 33 single-family detached homes on reduced size lots, 25 attached townhomes, 56 condominium units and 14 four-plex units, for a total of 197 units. On February 27, 2007, a final plat was approved by the Boise City Council for Union Square Subdivision No. 1 with 50 buildable lots and 17 common lots on acres. On August 19, 2008, the Boise City Council approved Union Square Subdivision No. 2 (SUB ) which was a revised plat of a portion of a previously approved Union Square Subdivision No. 1 (SUB ). The revision also included a previously excluded parcel on Overland Road that will now be the location of the main entrance of the development which will align with Goldking Way on the south side of Overland Road. This revision included multi-use lots with 12 townhouse residential lots, one multi-family residential lot, 12 commercial lots and three common lots on acres. This subdivision was subject to approval of an associated Conditional Use Permit (CUP ) and a Rezone Application with a Development Agreement (CAR /DA) for ±0.37 acres from L-OD/DA (Limited Office with Design Review and a Development Agreement) to R-2D/DA (Combined Residential with Design Review and a Development Agreement) and 6.72 acres from PC-D/DA (Pedestrian Commercial with Design Review and a Development Agreement) to R-2D/ DA (Combined Residential with Design Review and a Development Agreement). 2

3 SUB / Union Square Subdivision / Bonding Time Extension Boise City Council / February 15, 2011 On August 19, 2009, the remaining portion of the preliminary plat of the Union Square Subdivision expired because the final plat for the next phase was not filed in a timely manner. On December 6, 2010, a conditional use modification (CUP ) was approved by the Boise City Planning and Zoning Commission for Lots 1-7 of Block 14 of Union Square Subdivision No. 2 (SUB ). The modification was to approve a church and parking lot. The modification moved the location of the clubhouse and swimming pool which were planned to be built on Lot 7 further to the north. The tot-lot and amenities are located on Lot 2 of Block 4 of Union Square Subdivision No. 1. The time extension for the bond covers improvements that are necessary for what has been approved. Location: The subject property is located on the north side of West Overland Road between South Linda Vista Avenue and South Weideman Avenue. Recommendation: Staff recommends approval of a one-year time extension with an expiration date of February 15, 2012 subject to the following Conditions of Approval. Condition of Approval: 1. The applicant shall submit an amended Letter of Credit, sign a new bonding agreement with the Subdivision Division of the Boise City Planning and Development Services Department and pay the required bonding fee prior to February 18,

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6 VICINITY MAP 1" = 500' LOT SUMMARY TOTAL LOTS SINGLE FAMILY DETACHED >5000sf - 27 SINGLE FAMILY DETACHED REDUCED - 33 SINGLE FAMILY ATTACHED TOWNHOUSE - 25 CONDOMINIUM UNITS - 5 LOTS - 56 UNITS FOUR PLEX LOTS DWELLING UNITS - 56 COMMON LOTS - 25 COMMERCIAL LOTS - 2 OFFICE LOTS - 1 TOTAL DWELLING UNITS 197 TOTAL COMMON AREA 6.82 ACRES/20% DEVELOPMENT FEATURES OWNER HEARTLAND HOMES, LLC 36 E. PINE AVE. MERIDIAN, ID DEVELOPER DYVER DEVELOPMENT KEVIN AMAR 36 E. PINE AVE MERIDIAN, ID ENGINEER DAVID A. BAILEY, P.E. BAILEY ENGINEERING, INC E IRON EAGLE DR. EAGLE, ID PLANNER/CONTACT ACREAGE TOTAL PARCEL ACRES TOTAL LOTS BUILDABLE LOTS COMMON LOTS - 25 DENSITY DU/ACRE COMMON AREA ACRES/20% ZONING EXISTING - A PROPOSED - R-2/DA MINIMUM LOT SIZE PER PUD SEWAGE DISPOSAL BOISE CITY SEWER WATER SUPPLY UNITED WATER IDAHO CITY BOISE CITY SHAWN NICKEL SCHOOL DISTRICT SLN PLANNING, INC. MERIDIAN 839 E. WINDING CREEK RD. SUITE 201 FIRE DISTRICT EAGLE ID WHITNEY IRRIGATION DISTRICT NAMPA MERIDIAN IRRIGATION DISTRICT NOTES: 1. ALL LOT LINES COMMON TO A PUBLIC RIGHT OF WAY HAVE A 10' PUBLICE UTILITY AND BOISE CITY STREET LIGHT EASEMENT. 2. A 10' PUBLIC UTILITY IRRIGATION AND DRAINAGE EASEMENT IS LOCATED ADJACENT TO THE EXTERIOR BOUNDARY. 3. ALL SIDE YARD LOT LINES (EXCEPT ZERO SETBACK LOT LINES) HAVE A 4' DRAINAGE & IRRIGATION EASEMENT ON EACH SIDE OF THE LOT LINE. 4. SEWER AND WATER SERVICES SHALL BE PROVIDED TO EACH LOT FROM EXISTING BOISE CITY SEWER AND UNITED WATER IDAHO MAIN LINES LOCATED IN THE SPOKE RANCH SUBDIVISION AND IN OVERLAND ROAD 5. STORM DRAIN WATER WILL BE COLLECTED IN CATCH BASINS AND ROUTED THROUGH SAND AND GREASE TRAPS TO SEEPAGE BEDS LOCATED WITHIN THE PUBLIC RIGHT OF WAY. 6. THIS SUBDIVISION IS SUBJECT TO COMPLIANCE WITH IDAHO CODE SECTION CONCERNING IRRIGATION WATER. 7. COMMON LOTS ARE TO BE OWNED AND MAINTAINED BY THE UNION SQUARE PROPERTY OWNER'S ASSOCIATION OR THE UNION SQUARE CONDOMINIUM ASSOCIATION. 8. SETBACKS SHALL BE DETERMINED AT THE TIME OF BUILDING PERMIT APPLICATION BASED ON THE ZONING REGULATIONS IN EFFECT FOR THE APPROPRIATE ZONE AND/OR THE DEVELOPMENT AGREEMENT FOR THE PLANNED DEVELOPMENT. 9. SLOPE OF SITE IS SUFFICIENT TO PROVIDE MINIMUM 0.4% GRADE AT ALL GUTTER FLOW LINES B CIVIL ENGINEERING PLANNING CADD 1500 E. IRON EAGLE DRIVE EAGLE, ID TEL FAX

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