Subdivision Staff Report

Subdivision Staff Report Subdivision Name Cayenne Corner File Number SUB06-00060 Subdivision Approval Final Plat Lead Agency Boise City Annexation Date January 1, 1987 Comp. Plan Complies Public Hearing Date October 28, 2008 Heard by Boise City Council Preliminary Plat Approval October 31, 2006 Staff David Abo, AICP Description: This is a proposed single family residential subdivision with 16 buildable lots and two common lots on 4.97 acres. The density of the subdivision is 3.22 lots per acre. The subject property is currently zoned R-1C. The subject property is currently improved with a single family residence and several accessory buildings. The existing single family residence will remain on Lot 14 of the subdivision. Location: The subject property is located on the west side of North Pierce Park Lane approximately 170 feet south of Hill Road. Contents: Basis for Recommendation Vicinity map Preliminary Plat Final Plat Aerial Map Aerial Map showing Floodplain Conditions of Approval

Page 2 of 12 Basis for Recommendation The Preliminary Plat of the Cayenne Corner Subdivision was approved by the Boise City Council on October 31, 2006 subject to Conditions of Approval. The Final Plat design and layout is in conformance with the approved Preliminary Plat, the Boise City Comprehensive Plan, Subdivision Ordinance and Zoning Ordinance. Staff Perspective General The Conditions of Approval are required to bring the Final Plat into compliance with Boise City and Idaho State Codes and have been confirmed by the Staff of the Boise City Planning and Development Services Department. Staff recommends approval of the Final Plat of the Cayenne Corner Subdivision subject to Conditions of Approval.

Cayenne Comer Subdivision LOT 45 IN BLOCK 7 OF GARY LANE MEAWWS NO. 5 SUBDMSION. bnd A FQRnON OF CDMRNMENT LOT 1. SECTION 19. TOWNSHIP 4 NORM. WWGE 2 EAST. BOISE MERIDW. BOISE - 2008 - GIN. ADA COUNTY. IDAHO. UNPUTTED OCT 0 8 2008 UNPLATTED LEGEND Eosment tin- Neighbor Lol Lines Parcel Boundo!y Suweyiie Lmnn - - - - - - - Centerline M Rwd 8 Found Bross/oluminum Cap 0 Set 5/8 Inch Rebar Set 1/2 Inch Rebor @ Black Number 8 Lot Number FINAL PLAT RECEIVED RECORD DOCUMENTS Unless Otherwise Noted All Records Are On file A( The Ado County Recordm's Office Records Of Survey 6920. 0530. 1482 Subdrisions Gory Lone Meadows No.5 Bk 53, Pg. 4646 6 o /BB/OH B&A Engineers, In. CotL3"l,i"p h@"c- Swswym & A o ~ 53l5 W. Fmntlin Rd. Bok ld.837e MP33381

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Page 3 of 12 Special Conditions and Plat Notes Conditions of Approval 1. Prior to City Council approval, the Final Plat shall be revised to show a micro pathway lot, 15 feet in width extending from the proposed West Bray Court to the north property line between Lots 12 and 14. 2. Prior to City Council approval, the Final Plat shall be revised to show a three foot wide public pedestrian access easement along the frontage of Lots 1-18, Block 1 or to identify said easement in the plat notes. 3. Prior to City Council approval, the Final Plat shall be revised to show a five foot wide detached sidewalk along North Pierce Park Lane as it abuts the subject property. 4. Prior to signing of the Final Plat by the Boise City Engineer, the plat shall include landscaped buffers along collectors and arterials as specified in section 9-20-7.K of the Boise City Subdivision Ordinance. A. Design: A detailed landscape plan that is drawn in conformance with Section 9-20-8.I (Landscaping) of the subdivision ordinance, shall be submitted to, reviewed and approved by the Planning Department and Forestry Division, prior to signature of the Final Plat by the Boise City Engineer. It shall be drawn in compliance with all "Development Standards" listed in the document, "A Guide to Creating Water-Efficient Landscapes," and shall provide all information needed to determine compliance with said ordinance and document. B. Construction: Developer/owner may either construct the landscape area prior to Final Platting or post bond/agreement in the amount of 110% of the estimated costs with the Planning and Development Services Department prior to signing of the Final Plat by the Boise City Engineer. Construction of the landscape shall be in conformance with approved design plans. The sidewalk on North Pierce Park Lane may be provided in an easement within the 20-foot landscape buffer easement and shall transition to the normal location within the right-of-way at each end of the property. Maintenance: A note on the face of the Final Plat is required stating, Lots 2 and 18, Block 1 have a 20 foot wide landscaping easement along the east property lines which shall be maintained by the owners of said lots. Said buffers may not be vacated without the express consent of Boise City. 5. Vehicular access for Lots 8-9 and Lots 10-12, Block 1 shall be from common driveways.

Page 4 of 12 6. All parking shall be set back a minimum of 20 feet from the edge of the paved common driveways. 7. Duplexes shall be prohibited on Lots 8-9 and Lots 10-12, regardless of the zoning. 8. The common driveways and utilities for Lots 8-9 and Lots 10-12 shall be constructed concurrently with all other public improvements. 9. Comply with all requirements of Section 11-04-04.01.I of the Boise City Zoning Ordinance. 10. The plat shall include delineations that describe the boundaries of the perpetual ingress/egress common driveway easements as indicated on the plat for Lots 8-9 and 10-12. A. Design: Where practical the boundary of said easements shall align with the property line. The developer and/or owner shall also submit a site plan showing: 1) The location of the common driveways, 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 driveways 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.

Page 5 of 12 C. Addressing: Street address numbering shall be in accordance with B.C.C. 9-06- 06.D. The developer and/or owner shall submit evidence that the address numbers posted on the structures on Lots 8-9 and Lots 10-12 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 8-9 and Lots 10-12, shall be provided from common driveways and not directly from West Bray Court. 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(s) and conveys to those lot owners taking access from the driveway(s) and easement(s), the perpetual right of ingress and egress over the described driveway(s), 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. 11. The existing detached accessory buildings shall be removed or demolished prior to the City Engineer signing the Final Plat. 12. A plat note shall be place on the Final Plat stating: Portions of the subdivision are located in the Pierce Gulch floodplain, compliance with the Boise Floodplain Ordinance is required.

Page 6 of 12 13. 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. 14. The street may be named Christine Bray Court or Bray Court. Covenant Requirements 15. 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 16. 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. 17. 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 388-4735 or e-mailed to swebb@cityofboise.org. Drainage & Irrigation Conditions 18. Subdivision drainage shall be in accordance to Boise City Code (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.

Page 7 of 12 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. 19. Comply with B.C.C. Section 9-20-8.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. 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. 20. Prior to either commencing construction or signing of the Final Plat by the Boise City Engineer, developer shall: 1) Submit for approval by the Department of Public Works, construction plans and specifications for the pressurized system, stamped by a registered engineer. 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. 9-20-7.F). 21. 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. 22. Developer may construct prior to Final Platting or bond in the amount of 110% of the estimated construction costs based on the approved plans.

Page 8 of 12 16. Fees: 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). 23. 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. 9-20-8.F.2). 24. 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. 9-20-8.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 25. 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

Page 9 of 12 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). 26. The 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). 27. Unless previously paid, developer and/or owner shall pay a sewer assessment along Pierce Park 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. 28. Unless previously paid, developer and/or owner shall pay a connection fee and physically connect to sewer the existing building on Lot(s) 14, 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. Street Light Conditions 29. 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). 30. The developer shall be required to install, at their expense, street lights in accordance with Boise City Public Works specifications and standards at locations designated by the Public Works Department (B.C.C. 9-20-08.H). Plans shall be reviewed and approved by the Boise City Public Works Department prior to commencement of construction or bonding. 24. Fees: Developer shall pay the current street light inspection and plan review fees on the proposed subdivision (B.C.C. 9-20-11).

Page 10 of 12 25. The street lights shall be installed and accepted by the Boise City Public Works Department at the following locations. Unless otherwise noted, street lights shall be installed at a 25-foot minimum mounting height, 100 W.H.P.S. 1) N.E. Corner of Lot 1, Block 1 2) N.E. Corner of Lot 5, Block 1 3) N.E. Corner of Lot 7, Block 1 26. If approval for bonding is granted by the Boise City Public Works Department, developer may bond in the amount of 110% of the estimated street light costs. Street lights 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 street light improvements. General Conditions 31. 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) 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. 32. The name, Cayenne Corner 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.

Page 11 of 12 33. A letter of acceptance for water service from the utility providing same is required (B.C.C. 9-20-8.C). 34. Developer shall provide utility easements as required by the public utility providing service (B.C.C. 9-20-7.F). 35. A letter from the appropriate school district is required stating, "The Developer has made arrangements to comply with all requirements of the School District." 36. Developer shall provide a letter from the United States Postal Service stating, "The Developer and/or Owner have 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 37. Approval of sewer and water facilities by the Central District Health Department is required (I.C. Title 50, Chapter 13). 38. 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). 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

Page 12 of 12 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 the plat shall be deemed null and void. 41. No building permit for the construction of any new structure shall be accepted until the Final Plat has been recorded pursuant to the requirements of the Boise City Subdivision Ordinance, Section 9-20-08.A.2. 42. This subdivision is approved for 16 buildable lots and two common lots.