Location: The subject property is located at the northeast corner of S. Holden Lane and E. Boise Avenue.

Subdivision Staff Report Subdivision Name Tianna Park File Number SUB11-00008 Approval Preliminary Plat Lead Agency Boise City Annexation Date December 19, 1977 Comp. Plan Complies Public Meeting Date May 2, 2011 Heard by Planning & Zoning Commission Analyst Todd Tucker Reviewed By David Abo, AICP History: On May 15, 2007 the Boise City Council approved the Final Plat for the Las Ramblas Villas Condominiums (SUB07-00020). This was a 15 unit condominium project at this location. The associated Conditional Use Permit (CUP06-00055) was approved by the Planning and Zoning Commission on April 9, 2007. The Las Ramblas Villas Condominium Plat was recorded in June 2008 and three of the condominium units have been constructed. The applicant intended to develop the project as condominium units, however, due to changes in the market the applicant is now proposing to subdivide the property into individual residential lots. As such, a revised subdivision plat has been submitted. Description: This is a proposed residential subdivision with 15 buildable lots and two common lots located on 2.39 acres. The density of the subdivision is 6.28 dwelling units per acre. The subject property is currently zoned R-1C which has an allowed density of eight dwelling units per acre. There is an associated Conditional Use Permit Modification (CUP11-00023) that will also be heard at the May 2, 2011 Planning and Zoning Commission Meeting. As previously noted, the subject property is currently improved with three of the previously approved dwelling units, which will remain. Location: The subject property is located at the northeast corner of S. Holden Lane and E. Boise Avenue. Traffic: This development is the conversion of 15 previously approved condominium units into townhomes and single family residences. As such, no increase in traffic is proposed with this application. Contents: Staff Report: Basis for Recommendation Technical Review and Agency Comments Recommended Conditions of Approval 1 of 23

Attachments: Vicinity Map Preliminary Plat Aerial Photograph 2 of 23

Basis for Recommendation 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 This condition requires that a cross access easement be granted to Parcel Number S1024347015 for the ability to utilize the proposed Private Street as a means of vehicular and pedestrian access. This condition requires that S. Holden Lane as it abuts the subject property be improved with a minimum five foot wide, detached, non-meandering sidewalk where sidewalk does not currently exist. Condition 3 This condition grants a Waiver of the Subdivision Ordinance Section 9-20- 07.E.4.a relating to the proposed private street. Condition 4 Condition 5 Condition 6 Condition 7 Condition 8 Condition 9 Condition 10 This condition requires that a note be placed on the face of the Final Plat stating, The development of this property shall be in compliance with the Boise City Zoning Ordinance or as specifically approved by CUP11-00023 This condition requires that a note be placed on the face of the Final Plat which states: Lot 3 is a common lot to be used for open space which shall be owned and maintained by the Tianna Park Subdivision Homeowner s Association. This lot cannot be developed for residential purposes in the future This condition requires that a pedestrian cross access easement be dedicated for all amenities located outside of the Common Lot. In addition, the required easement shall be depicted on the face of the Final Plat and a note shall be placed on Final Plat addressing the easement. This condition grants a Waiver of Subdivision Ordinance Section 9-20-07.K.1.b allowing for a 20 foot wide landscaping buffer along an arterial street in lieu of the required 30 foot wide landscaping buffer. This condition addresses on-street parking as per the International Fire Code. This condition requires compliance with all requirements of Drainage District Number 3. This condition requires that prior to the City Engineer signing the Final Plat the private sewer main must be converted to public. 3 of 23

Staff Perspective General The recommended conditions of approval are required to bring the proposed Preliminary Plat into compliance with City and State Codes and have been confirmed by the Planning and Development Services Department. Staff has reviewed the agency comments and Staff recommends approval based upon Staff's finding that all concerns of the commenting agencies have been addressed. To avoid potential problems the developer is directed to review the concerns identified in the technical reviews to verify that this statement is correct. Street Connectivity: The subject property is bordered on the south and west by public rights-ofway. The subject property is bordered on the north and east by developed residential lots. However there is one landlocked undeveloped parcel located on the east that has development potential. The proposed private street abuts the landlocked parcel by approximately 40 feet. Staff recommends that the applicant grant access for the owner of the landlocked parcel to the proposed private street. Sidewalk Design: East Boise Avenue as it abuts the subject property is currently improved with a five foot wide attached sidewalk. The applicant is not proposing any changes to the existing sidewalk along E. Boise Avenue. South Holden Lane as it abuts the subject property is currently improved with a five foot wide detached sidewalk from the E. Boise Avenue intersection to the existing common driveway. The applicant is proposing to construct a five foot wide detached meandering sidewalk along the remainder of S. Holden Lane as it abuts the subject property. Staff is recommending that the proposed sidewalk be revised to be non-meandering. Impacted Roadways: Roadway Frontage Functional Classification Traffic Count Level of Service* Speed Limit S. Holden Ln. 450 feet Local Residential N/A N/A 20 MPH E. Boise Ave. 95 feet Minor Arterial 8,601 east of Apple St. on 7/15/10 Better than C 25 MPH *Acceptable level of service for a three-lane minor arterial roadway is D (17,000 ADT). None known. Conditions in Dispute 4 of 23

Technical Review and Agency Comments Boise City Planning and Development Services: Subdivision Section Todd Tucker The applicant is requesting a Waiver of Subdivision Ordinance Section 9-20-07.E.4.a. which requires that a private street that provides access to 11 or more lots have a minimum rightof-way width of 40 feet, with a minimum street width of 28 feet back-of-curb to back-ofcurb with a minimum four foot wide sidewalk located on both sides of the street within the right-of-way. The applicant is proposing to utilize the proposed service drive that was previously approved with the Conditional Use Permit (CUP06-00055) and Condominium Plat (SUB07-00020). The proposed private street has a width of 24 feet with a four foot wide attached sidewalk located on one side of the private street outside of the right-of-way within an easement located on individual lots. Due to the design of the project and its conformity to the service drive system and sidewalk design of the previously approved Conditional Use Permit (CUP06-00055), staff recommends approval of the requested Waiver of Subdivision Ordinance. Compliance with all conditions of approval for the companion Conditional Use Permit Modification (CUP11-00023) is required. A portion of the proposed water feature amenity is located within the proposed Lot #4. In addition, a pathway providing pedestrian access to the common lot and amenity is located within Lots 4-10. Staff recommends that a pedestrian access easement be dedicated for all amenities located outside of the Common Lot. Section 11-04-03.07 of the Boise City Zoning Ordinance requires that all buildable lots located within the R-1C Zoning District have a minimum of 30 feet of street frontage. Lots 1, 2, 4, 5 and 6 of the proposed subdivision do not meet this minimum standard. As such, a common driveway must be provided. The common driveway must be in compliance with Section 11-04-04.01.I of the Zoning Ordinance. East Boise Avenue is identified as an arterial street on the Master Street Plan. Section 9-20- 07.K of the Subdivision Ordinance requires that arterial street buffering be provided along single family residential lots whose property lines are adjacent and parallel to collector streets. Three options are available to provide the buffer. Section 9-20-07.K.1.b requires that the width of the landscape buffer along arterial streets be a minimum of 30 feet wide. There is an existing 20 foot wide landscaping buffer easement located on Lot 1 abutting E. Boise Avenue. Due to the fact that Lot 1 is currently developed with an existing single family residential structure and mature landscaping within the existing easement staff recommends that a Waiver of the Subdivision Ordinance be granted to allow for a 20 foot wide landscaping buffer along an arterial street in lieu of the required 30 foot wide landscaping buffer. 5 of 23

Comprehensive Planning and Zoning Section David Moser Staff finds the proposed modifications are in compliance with the goals and objectives of the Comprehensive Plan. The conversion to townhouses will provide housing at price levels appropriate to the varied financial capabilities of city residents. (Goal 7.1) The planned development complies with Objective 7.1.1 that suggests Boise City will have a need for 11,700 single-family homes by 2015. The Comprehensive Plan supports minimizing garage dominated street scenes (Policy 7.2.2.1) while providing functional and aesthetically pleasing neighborhoods. (Objective 7.2.2) The new building designs provide modulation between the proposed attached units. In addition, the general design places living space in front of the garage doors. (Policy 7.2.2.2) Goal 8.0suggests 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 development will provide both attached and detached single-family homes while maintaining compatibility of the existing development in this area. The following are Goals, Objectives and Policies of the Comprehensive Plan that apply to the proposed development: CHAPTER GOALS, OBJECTIVES & POLICIES Goal 7.1 Objective 7.1.1 CHAPTER 7 COMMUNITY QUALITY Objective 7.2.2 Policy 7.2.2.1 Policy 7.2.2.2 Building Section Perry Paine The existing structures located on Lots 1 and 2 may require fire resistant construction per the 2009 International Residential Code R 302.1 Table 302.1. 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/Engineering Terry Records Standard drainage conditions. Pressure Irrigation Kent Johnson Standard pressure irrigation conditions. 6 of 23

Sewer Mike Sheppard Standard sewer conditions. Prior to the City Engineer signing the Final Plat the private sewer main must be converted to public. Coordinate with Boise City Public Works Department. Street Lights Terry Records Standard street light easement condition. Private Streets Terry Records Standard private street conditions. Solid Waste Peter McCullough No comment submitted. Boise City Fire Department Ron Amandus The Boise Fire Department has reviewed and can approve the application subject to compliance with all following code requirements and conditions of approval. Any deviation from this plan is subject to Fire Department approval. Please note that unless stated otherwise this memo represents requirements of the International Fire Code as adopted and amended by Ordinance 6308. Code Requirement: Fire Department vehicular access shall be provided to within 150' of all portions of nonsprinklered buildings. Any dead-end road in excess of 150' needs a Fire Department approved turnaround. Single access roads are prohibited from exceeding 750 feet without special approval. These distances 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 75,000 lbs GVW (25,000 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'. Aerial fire apparatus roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in height, and at least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. No grade may exceed 10% (please note that fire apparatus are designed for a maximum 6% grade). 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. Comments: SUB11-00008 Tianna Park Subdivision Preliminary Plat consists of 15 buildable lost and 2 common lots located on the NE corner of S. Holden and Boise. Code 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 7 of 23

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. In addition, No Parking signs shall be installed in accordance with the requirements of the IFC. Code Requirement: Fire hydrant number and distribution is dependant on the International Fire Code Appendix C, Table C105.1. Comments: One new fire hydrant is noted on the application submittal. With information on the proposed hydrant, it appears that no additional hydrants may/will be needed. However, we reserve the right to modify requirements as more information comes to light. Variables affecting hydrant numbers and location include, but are not limited to, area, construction type, existing hydrants, accuracy of information provided in the application, strategic location for fire fighting forces, and required fire flow. New hydrants must be "non-private" installations. General Requirement: Fire Department required fire hydrants, access, and street identification shall be installed prior to construction or storage of combustible materials on site. Provisions may be made for temporary access and identification measures. Specific building construction requirements of the International Building Code, International Fire Code, and Boise City Code will apply. However, these provisions are best addressed by a licensed Architect at building permit application. Boise City Parks Department Cheyne Weston No comments received. Boise Airport Matt Pteaja No comments received. Ada County Highway District Kristy Heller In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. On July 19, 2006 the Ada County Highway District reviewed and approved a conditional use application (CUP06-00055) proposed to contain a 17-unit residential development. On February 28, 2007, the District received a condominium plat application that proposed to condominimize the previously approved residential units. The District had site specific requirements related to the original conditional use application. The same conditions and restrictions apply to the proposed subdivision plat. The applicant will be required to pay all applicable platting and review fees prior to final approval. 8 of 23

The applicant shall be required to meet all of the ACHD Standard Conditions of Approval as well as all ACHD Policies and requirements that may apply as noted below. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant s engineer should provide documentation of ADA compliance to District Development Review staff for review. 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 387-6280 (with file number) for details. 5. A license agreement and compliance with the District s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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 387-6258 (with file numbers) for details. 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 9 of 23

11. 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Ada County Street Name Committee The following existing street names shall appear on the plat: E. Boise Avenue E. Rayburn Street E. Fall Court S. Holden Lane The following proposed street names are approved: E. Spinnaker Lane The following proposed street names are not approved: E. Tianna Park Lane (alignment with E. Spinnaker Court) Drainage District No. 3 Ryan Armbruster The above referenced Subdivision Application for waiver of certain subdivision requirements has been received in this office. This law firm represents the interests of Ada County Drainage District No. 3 (the District ). The project site lies within the District s boundaries. Providing all drainage will be retained onsite, the District has no comment on the project located at 2754 Holden Lane. The District is responsible for ensuring that its system complies with conditions of a National Pollution Discharge Elimination System ( NPDES ) permit issued by the Environmental Protection Agency to the District and other co-permittees, with regard to the quality of storm water runoff. Approval of any proposed development is based upon the following conditions. Any proposed development must meet the storm water requirements of the Ada County Highway District ( ACHD ) (if proposal is for a residential subdivision), or Boise City (if the proposal is for commercial, industrial, multi-family housing, or residential with private streets). This includes any and all requirements pertaining to on site water detention, water quality treatment, and operation and maintenance. The project may also require a permit from the United States Army Corps of Engineers under their Section 404 permit program. If 10 of 23

the work requires a permit from the Corps, the applicant will need to obtain their approval before starting work. These requirements are outlined in the ACHD Policy Manual and the Boise City Storm Water Management and Discharge Control Ordinance, the Boise City Storm Water Design Standards Manual, and the Boise City Operation and Maintenance Guidance document. The objectives of these requirements are to adequately control the quantity and quality of storm water runoff into the District s system and public waters. Compliance with these requirements will also address discharge limitations of no net increase in sediment and bacteria, required by the Lower Boise River Total Maximum Daily Load and the Idaho Department of Environmental Quality s no net increase policy. Additionally, the District must be notified of any conditions that result in a significant change to the quantity or quality of the storm water runoff from this site. 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 2000. 2) State of Idaho Catalog of Stormwateter Best Management Practices for Idaho Cities and Counties Prepared by the Idaho Division of Environmental Quality, July 1997. Independent School District of Boise City #1 Sarah Stobaugh At the present time, the Developer and/or Owner have made arrangements to comply with all requirements of the Boise School District. 11 of 23

The schools assigned to the proposed project area are: Elementary School: Riverside Junior High School: East High School: Timberline No comments regarding traffic impact. No comments regarding Safe Routes to School impact. United States Postal Service Dan Frasier, Postmaster The City of Boise and Ada County have agreed that no Final Plat maps will be approved without the following condition being met. Prior to the signing of the Final Plat by the City Engineer, the Developer and/or Owner 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. 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. 4. Prior to the signing of the Final Plat by the Boise City Engineer, the Developer and/or Owner 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. 12 of 23

Recommended Conditions of Approval Special Conditions and Plat Notes 1. A cross access easement shall be granted to Parcel Number S1024347015 for the ability to utilize the proposed Private Street as a means of vehicular and pedestrian access. 2. S. Holden Lane as it abuts the subject property shall be improved with a minimum five foot wide, detached, non-meandering sidewalk where sidewalk does not currently exist. 3. A Waiver of Subdivision Ordinance Section 9-20-07.E.4.a is hereby granted, allowing the proposed private street to be 24 feet in width (back of curb to back of curb) with a four foot wide sidewalk located on one side in an easement in lieu of the required 40 foot width with a four foot wide sidewalk on both sides within the right-of-way as previously approved with the Las Rambles Villas Condominiums (SUB07-00020) and in conformance with the associated Conditional Use Permit Modification (CUP11-00023). 4. 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 CUP11-00023." 5. A note shall be placed on the face of the Final Plat which states: Lot 3 is a common lot to be used for open space which shall be owned and maintained by the Tianna Park Subdivision Homeowner s Association. This lot cannot be developed for residential purposes in the future 6. A pedestrian cross access easement shall be dedicated for all amenities located outside of the Common Lot. In addition, the required easement shall be depicted on the face of the Final Plat and a note shall be placed on Final Plat addressing the easement. 7. A Waiver of Subdivision Ordinance Section 9-20-07.K.1.b is hereby granted, allowing for a 20 foot wide landscaping buffer along an arterial street in lieu of the required 30 foot wide landscaping buffer. 8. 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. NOTE: 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. 13 of 23

9. Compliance with all requirements of Drainage District Number 3 is required. 10. Prior to the City Engineer signing the Final Plat the private sewer main must be converted to public. Coordinate with Boise City Public Works Department. Covenant Requirements 11. 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 12. 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. 13. 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 384-3867 or e-mailed to swebb@cityofboise.org. Drainage Conditions 14. Subdivision drainage shall be in accordance to B.C.C. 9-20-8.E. The developer shall provide written approval from the appropriate drainage entity approving the drainage system, and/or acceptance of the subdivision drainage discharge; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site. A copy of the approved 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. 14 of 23

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. Irrigation Conditions 15. Comply with Boise City Code Section 9-20-8.J concerning pressure irrigation requirements prior to signing of the final plat by the Boise City Engineer. A. The owner, 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; or B. The owner, person, firm or corporation filing the subdivision plat shall provide written documentation that a valid waiver of the requirement to provide a pressure irrigation system and that Idaho Code 31-3805(1)(a) regarding transfer of water rights, has been complied with. 16. Prior to either commencing construction or signing of the final plat by the Boise City Engineer, developer shall: A. Submit for approval by the Department of Public Works, construction plans and specifications for the pressurized system, stamped by a registered engineer. B. Provide written assurance that provisions have been made for ownership, operation, and maintenance of the system. C. Delineate all necessary irrigation easements on the final plat (B.C.C. 9-20-7.F). 17. 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. 18. Developer may construct prior to final platting or bond in the amount of 110% of the estimated construction costs based on the approved plans. 19. Developer and/or owner shall pay the current inspection and plan review fees applicable to the proposed subdivision prior to signing of the final plat by the Boise City Engineer (B.C.C. 9-20-11). 20. 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 by a signed and recorded License Agreement. 15 of 23

A. Prior to signing of the Final Plat by the Boise City Engineer a recorded License Agreement for the relocation or alteration of any ditch, pipe or structure for irrigation water or irrigation waste water shall be provided to Boise City. The License Agreement shall be signed by the irrigation district, the water users and the applicant and shall contain a legal description and survey of the easement for the relocation of the irrigation facility. The recording number of the License Agreement shall be referenced in a note on the Final Plat and the easement shall be shown on the Final Plat. 21. 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 signature of the Boise City Engineer on the Final Plat. "Adjacent" is defined by the Boise City Code as "located within less than sixty feet (60') of any lot included in the development." Verification shall be by site inspection by the staff of the Subdivision Section. 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. 9-20-8.F.5. Sewer Conditions 22. Wetline sewers are required (Boise City Code 9-20-08.D, Improvements; Sanitary Sewers). A. Plans shall be submitted to and approved by the Boise City Department of Public Works prior to commencing with construction. Developer and/or owner may either construct improvements prior to final platting or execute a performance agreement and provide surety in the amount of 110% of the estimated costs. The developer and/or owner shall coordinate with the Department of Public Works for construction inspection prior to and during construction. Unless otherwise approved by the Public Works Department, all sewer construction shall be completed and accepted within 90 days of plat recordation, or within 30 days of issuance of the first building permit within the subdivision, whichever comes first. NOTE: All bonding shall conform to Boise City Code 1-19, Surety Bonds. B. Developer and/or owner shall pay the current sewer inspection fees for the proposed subdivision prior to signing of the final plat by the Boise City Engineer. C. Developer and/or owner shall be responsible for repairs of any failures that occur within one (1) year of the project acceptance by the appropriate sewer entity (Boise City Code 9-20-08.D.3, Improvements; Sanitary Sewers). 16 of 23

23. Developer and/or owner shall delineate all necessary Boise City sanitary sewer easements on the final plat prior to signing of the final plat by the Boise City Engineer (Boise City Code 9-20-07.F, Design Standards; Easements). 24. Unless previously paid, developer and/or owner shall pay a sewer assessment along S. Holden Lane & E. Boise Ave and/or as may be approved by the Boise City Public Works Commission prior to signing of the final plat by the Boise City Engineer. Contact the Department of Public Works for specific costs. 25. Unless previously paid, developer and/or owner shall pay a connection fee and physically connect to sewer the existing building on Lot(s) 1, 2 & 4, Block 1 prior to signing of the final plat by the Boise City Engineer or post bond/agreement for 110% of the cost to connect. NOTE: All bonding shall conform to Boise City Code, 9-20-08.B.3, Improvements; Filing of Plans and Surety, which specifies that the improvements to be made shall be done in a time period not to exceed one year from the date of approval of the final plat. 26. Developer and/or owner shall comply with all provisions of the Boise City Sewer Tap Ordinances. A. Developer and/or owner may either construct prior to final platting or post bond/agreement in the amount of 110% of the estimated costs. Please contact the Public Works Department for specifications and inspections during construction. NOTE: All bonding shall conform to Boise City Code 9-20-08.B.3, Improvements; Filing of Plans and Surety, which specifies that the improvements to be made shall be done in a time period not to exceed one year from the date of approval of the final plat. Street Light Conditions 27. Developer shall delineate on the face of the final plat a Boise City street light easement, acceptable to the Boise City Department of Public Works, for the purpose of installing and maintaining city-owned street light fixtures, conduit, and wiring lying outside the dedicated public right-of-way (B.C.C. 9-20-7.F). Private Street Conditions 28. The following private street requirements must be met in an acceptable format: A. Convey to those lot owners taking access from the private street, the perpetual right of ingress and egress over the described private street, and B. Provide that such perpetual easement shall run with the land, and 17 of 23

C. Provide each lot owner taking access from the private street, undivided interest within the private street. 29. A restrictive covenant for maintenance and reconstruction 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/reconstruction 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. 30. Said easement and covenant to be reviewed and approved by the Boise City Attorney (B.C.C. 9-20-7.E.2.q & 9-20-7.E.2.r). 31. Private street widths shall be in conformance with B.C.C. 9-20-7.E.4 or as allowed via B.C.C. 9-20-9. All private streets, base and pavement, shall be constructed to the same construction specifications required for public streets. Contact the Ada County Highway District (ACHD) for public street construction requirements (B.C.C. 9-20-7.E). A. Certification of construction to ACHD specifications is required from an independent testing laboratory or a consulting engineer, including test results for the verification of construction (B.C.C. 9-20-7.E.2.u). 1. 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. B. 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. C. Private street signs shall be installed in the same manner as public street signs (see requirements of ACHD). D. The developer shall pay the current drainage review and inspection fees on the proposed subdivision (B.C.C. 9-20-7.E.2.s). E. 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. 1. 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. 9-20-7.E.2.t). 18 of 23

General Conditions 32. No application for a Building Permit for the construction of any new structure upon property included in the Tianna Park Subdivision shall be accepted until the Final Plat has been recorded. If a Non-Build Agreement is recorded with the Final Plat, no Building Permits may be applied for until a letter of satisfaction is issued by the Boise City Fire Department. 33. 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. 34. The name, Tianna Park 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. 35. Correct street names as approved by the Ada County Street Name Committee shall be placed on the plat (I.C. Title 50, Chapter 13). 36. A letter of acceptance for water service from the utility providing same is required (B.C.C. 9-20-8.C). 37. Developer shall provide utility easements as required by the public utility providing service (B.C.C. 9-20-7.F). 38. 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 83708-0100 Phone No. (208) 433-4300 FAX No. (208) 433-4400 19 of 23

39. 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). 40. Developer shall comply with B.C.C. 9-20-5.D.2 which specifies the limitation on time for filing and obtaining certification. Certification by the Boise City Engineer shall be made within two years from date of approval of the Final Plat by the Boise City Council. A. The developer may submit a request for a time extension, including the appropriate fee, to the Boise City Planning and Development Services Department for processing. Boise City Council may grant time extensions for a period not to exceed one year provided the request is filed, in writing, at least twenty working days prior to the expiration of the first two year period, or expiration date established thereafter. B. If a time extension is granted, the Boise City Council reserves the right to modify and/or add condition(s) to the original preliminary or Final Plat to conform with adopted policies and/or ordinance changes. C. The Final Plat shall be recorded with the Ada County Recorder within one year from the date of the Boise City Engineer s signature. If the Final Plat is not recorded within the one-year time frame it shall be deemed null and void. 41. This subdivision is approved for fifteen buildable lots and two common lots. 20 of 23

21 of 23

22 of 23

23 of 23