Time Extension Staff Report

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1 Time Extension Staff Report Subdivision Name Therrin Subdivision File Number SUB Approval Time Extension for Lead Agency Boise City Certification Signature of Boise City Engineer Annexation Date December 31, 1963 Comp. Plan Complies Public Hearing Date October 7, 2008 Heard by Boise City Council Plat Approvals P & Z Commission August 14, 2006 Boise City Council October 3, 2006 (Final Plat) Staff David Abo, AICP Request: The applicant is requesting a one-year time extension from October 3, 2008 to October 3, 2009 for obtaining the Certification Signature of the Boise City Engineer on the Final Plat for the Therrin Subdivision. The Final Plat was approved by the Boise City Council on October 3, This is a proposed commercial subdivision with three buildable lots and one common lot on 1.23 acres. The site is currently has a split zoning of C-2D and M-1D. Location: The site is located on the south side of West Bethel Street between North Orchard Street and North Phillippi Street. Contents: Basis for Recommendation Applicant s Letter Vicinity Map Final Plat Aerial Map Conditions of Approval

2 Page 2 of 10 Basis for Recommendation The one-year time extension has been requested to allow the applicant to have additional time to secure the Certification Signature of the Boise City Engineer on the Final Plat. Please see the applicant s letter which cites the need for the time extension. The Boise City Subdivision Ordinance provides for a time extension not to exceed one year. Boise City Subdivision Ordinance: PROCEDURES D. PROCEDURE: BOISE CITY FINAL PLAT The following procedures shall apply to the filing for final approval of any subdivision located within Boise City. 1. FILING BY APPLICANT: a. After the approval or conditional approval of the Preliminary Plat, the applicant may cause the subdivision, or any part thereof, to be surveyed and a Final Plat prepared in accordance with the Preliminary Plat as approved. Any portion of a Preliminary Plat in conformance with Zoning Ordinance Standards that is left unplatted shall be deemed a single parcel by the City until a subdivision plat is recorded. b. The Final Plat, prepared in accordance with Title 50, Chapter 13 of the Idaho Code and the provisions set forth herein, shall be filed with the Review Analyst. c. Such Final Plat, when submitted, shall be accompanied by prints, thereof, as required by the Review Analyst. d. The Boise City Engineer shall sign all Final Plats within Boise City as evidence for a conformance with the Subdivision Ordinance and the City Council's conditions of approval. 2. LIMITATION ON TIME OF FILING: a. Filing of the Final Plat shall be made within two (2) years after action by the Council on said Preliminary Plat. b. Failure to file a Final Plat within two (2) years after the action by the Council approving said Preliminary Plat shall cause all approvals of said Preliminary Plat to have been voided; provided, however, that upon

3 Page 3 of 10 Recommendation: application of the applicant, the Council may grant an extension for a period not to exceed one (1) year, provided an application for extension is filed, in writing, at least twenty (20) working days prior to the expiration of the first two (2) year period and each additional period as may have been granted by the Council. In granting of the time extension, the Council reserves the right to modify and/or add conditions to the Final Plat to conform with adopted policies and/or ordinance changes which have occurred following initial approval. Upon approval/denial of a time extension, the Subdivision Review Analyst shall notify applicant and all agencies having jurisdiction of the action taken by the Council. c. Filing of Final Plat on phased developments may require modifications to the conditions as approved by Council. Council reserves the right to modify and/or add conditions to the Final Plat to conform with adopted policies and/or ordinance changes for each phase submitted after two (2) years following Preliminary Plat approval in accordance with D.2.b. d. Certification Signature of Boise City Plats by the Boise City Engineer shall be made within two (2) years from date of approval of the Final Plat by the Council, however, that upon application of the applicant, the Council may grant time extensions, and each time extension shall be for a period not to exceed one (1) year, provided an application for extension is filed, in writing, at least twenty (20) working days prior to the expiration of the first two (2) year period, or expiration date established thereafter. In granting of the time extension, the Council reserves the right to modify and/or add condition(s) to the original Final Plat to conform with adopted policies and/or ordinance changes. Staff recommends approval of a one-year time extension to October 3, 2009 for obtaining the Certification Signature of the Boise City Engineer on the Final Plat of the Therrin Subdivision subject to Conditions of Approval.

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8 Page 4 of 10 Conditions of Approval Special Conditions 1. 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 by October 3, 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 by October 3, 2009 or twenty working days prior to the expiration of the one year time extension. B. If a time extension is granted, the Boise City Council reserves the right to modify and/or add condition(s) to the original 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 the subdivision shall be deemed null and void. 2. That portion of the subject property that is zoned C-2D shall be rezoned to M-1D. 3. The subdivision plat shall comply with the site plan and all conditions of approval for CUP , and a note on the face of the Final Plat is required stating, "The development of this property shall be in compliance with the Boise City Zoning Ordinance or as specifically approved by CUP " 4. For streets having a width less than 36 feet back of curb to back of curb parking shall be restricted on (1) one side; for streets having a width less than 29 feet back of curb to back of curb parking shall be restricted on both sides; and for standard ACHD cul-de-sacs parking shall be restricted on both sides. A note on the face of the Final Plat is required noting the parking restriction prior to signing of the Final Plat by the Boise City Engineer. Covenant Requirements 5. 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, common party walls, storage facilities, recreational facilities or open

9 Page 5 of 10 Erosion Control Requirements 6. 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. 7. 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 Drainage & Irrigation Conditions 8. Subdivision drainage shall be in accordance to B.C.C E. The developer shall submit a letter from the appropriate drainage entity approving the drainage system or accepting the drainage there from; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site. A copy of the construction drawing(s) depicting all site drainage improvements shall be submitted with the letter. A. Developer may either construct improvement prior to Final Platting or post bond in the amount of 110% of the estimated construction costs. Estimated construction costs shall be provided by the developer's engineer. B. For drainage facilities located outside of the public right-of-way, the developer shall dedicate a storm drainage easement. Said easement shall be labeled as either an Ada County Highway District storm drainage easement or a homeowners association storm drainage easement, depending on what entity will assume responsibility for the operation and maintenance of the storm drainage system. C. Should the homeowners association be responsible for the operation and maintenance of the storm drainage facilities, covenants, homeowners association by-laws or other similar deed restrictions acceptable to the Boise City Attorney shall be reviewed and approved by the Boise City Attorney. 9. 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

10 Page 6 of 10 standards and specifications of Boise City or of the entity that will operate and maintain the system, if that entity has published standards. Fees: Developer and/or owner shall pay the current inspection and plan review fees on the proposed subdivision prior to signing of the Final Plat by the Boise City Engineer (B.C.C ). B. Developer may construct prior to Final Platting or bond in the amount of 110% of the estimated construction costs. C. Prior to either commencing construction or signing of the Final Plat by the Boise City Engineer, developer shall: 1) Submit construction plans and specifications for the pressurized system, stamped by a registered engineer, to the Department of Public Works and acquire approval there from. 2) Provide written assurance that provisions have been made for ownership, operation, and maintenance of the system. 3) Delineate all necessary irrigation easements on the Final Plat (B.C.C F). 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. 10. 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). 11. 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."

11 Page 7 of 10 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 Condition 12. Wet line sewers are required. The developer shall provide Boise City Public Works Department with a letter from the Bench Sewer District stating that sewer has been installed and has been accepted for service or provide evidence, by way of contract or other means, which assures sewer service will be provided and that the necessary bonding are in place to assure completion of said sewer. Private Street Condition 13. The following private street requirements must be met: A. A note on the face of the plat is required, which sets forth the legal description of the private street, and B. Conveys to those lot owners taking access from the private street, the perpetual right of ingress and egress over the described private street, and C. Provides that such perpetual easement shall run with the land, and D. Provides each lot owner taking access from the private street, undivided interest within the private street. 1) A restrictive covenant for maintenance shall be recorded at the time of recording the plat which covenant, (a) creates the formation of a homeowners association for the perpetual requirement for the maintenance of the private street, and private street signs and (b) provides that said covenant shall run with the land, and (c) provides that the homeowners association shall not be dissolved without the express consent of Boise City. 2) Said easement and covenant to be reviewed and approved by the Boise City Attorney (B.C.C E.2.q & E.2.r).

12 Page 8 of Private street widths shall be in conformance with B.C.C E.4 or as allowed via B.C.C All private streets, base and pavement, shall be constructed to the same construction specifications required for public streets. Contact the Ada County Highway District for public street construction requirements (B.C.C E). A. Prior to submitting the Final Plat, certification of construction to A.C.H.D. specifications is required from an independent testing laboratory or a consulting engineer, including test results for the verification of construction (B.C.C E.2.u). B. If it is an existing private street, verification of acceptable construction of the existing private street, including acceptability for use of emergency vehicles (including fire trucks and ambulances), is required from an independent testing laboratory or a registered Professional Engineer. C. Sidewalks are required on both sides of the private street (or in compliance with the sidewalk plan approved with the conditional use) unless specifically waived by the Boise City Council. D. Private street signs shall be installed in the same manner as public street signs (see requirements of A.C.H.D.) E. The developer shall pay the current drainage review and inspection fees on the proposed subdivision (B.C.C E.2.s). 15. Prior to submitting the Final Plat, drainage facilities for the private street shall comply with Boise City s Storm Water Management and Discharge Control Ordinance (B.C.C. 8-15). Plans shall be approved and construction inspected by Boise City Public Works. 16. Developer and/or owner may either construct prior to Final Platting or post bond/agreement in the amount of 110% of the estimated costs, including certification (B.C.C E.2.t). General Conditions 17. The developer shall make arrangements to comply with all requirements of the Boise City Fire Department and verify in one of the following ways: A. A letter from the Boise City Fire Department stating that all conditions for water, access, and/or other requirements have been satisfied, OR B. A non-build agreement has been executed and recorded with a note on the face of the Final Plat identifying the instrument number.

13 Page 9 of 10 NOTE: 1) "No Parking" signs and curb painting shall be required on streets having a width less than 36-feet, back of curb to back of curb. Contact the Boise City Fire Department for sign placement and spacing. Developer may either construct prior to Final Platting or post bond in the amount of 110% of the estimated costs with the Boise City Planning and Development Services Department. 18. The name, Therrin 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 Surveyor for review and reservation. Should a change in name occur, applicant shall submit, in writing, from the Ada County Surveyor, the new name to the Department of Planning and Development Services and re-approval by the Council of the "revised" Final Plat shall be required. Developer and/or owner shall submit all items including fees, as required by the Planning and Development Services Department, prior to scheduling the "revised" Final Plat for hearing. 19. Correct street names as approved by the Ada County Street Name Committee shall be placed on the plat (I.C. Title 50, Chapter 13). 20. A note on the face of the Final Plat is required stating, Minimum building setback lines shall be in accordance with the Boise City Zoning Ordinance at the time of issuance of the building permit or as specifically approved by CUP All lot, parcel and tract sizes shall meet dimensional standards as established in the Boise City Zoning Ordinance or as specifically approved by CUP (B.C.C C.1) 21. A letter of acceptance for water service from the utility providing same is required (B.C.C C). 22. Developer shall provide utility easements as required by the public utility providing service (B.C.C F). 23. 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: Dan Frasier, Postmaster 770 S. 13th St. Boise, ID Phone No. (208) FAX No. (208)

14 Page 10 of Approval of sewer and water facilities by the Central District Health Department is required (I.C. Title 50, Chapter 13). 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. 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). 27. 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). 28. No application for a Building Permit for the construction of any new structure upon the 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. 30. The Therrin Subdivision is approved for three buildable lots and one common lot

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