INTEROFFICE MEMORANDUM

INTEROFFICE MEMORANDUM DATE: February 3, 2009 TO: Public Works Commission FROM: Mike Sheppard, P.E, Civil Engineer SUBJECT: Appeal of Boise City Public Works Denial of Request for an Alternative Sewer Route to Serve Development Silverstirrup Subdivision, 7405 W. Stirrup ISSUE Briggs Engineering, Inc. on behalf of the owner, Scott Goodman, is requesting to appeal Boise City Public Works decision to deny the subject subdivision an alternate sewer service route which deviates from the Master Sewer Plan and policy. (See attached letter) BACKGROUND This is a proposed two lot residential subdivision. An existing house is to remain on one of the lots. Please see attached Preliminary Plat. The proposed subdivision is located in Ada County but within Boise City s Sewer area of impact and sewer service area. The preliminary plat for the subdivision has been recommended for denial by the City of Boise for not complying with the Comprehensive Plan and has been recommended for denial by the staff of Ada County Development Services. The Subdivision Staff Report has been attached for your convenience. The proposed subdivision is requesting to drain to a different sewer service area rather than the drainage area it is located in. The Master Sewer Study (see attached map) incorporates many factors into the service area: the capacity of the existing conveyance system, topography and future development. In addition the drainage area they are proposing to drain into is currently being served by a temporary lift station. The capacity of this lift station is limited and capacity has been reserved for future development within the drainage area that the lift station serves. Adding two additional units to the system may not impact the capacity of the system; however, allowing the subject development to connect would set a precedent for others to connect which will have an impact on the capacity of the existing system. It would be difficult for Public Works to approve this application and deny any future developments with the same request. The applicant has proposed to construct 475 linear feet of 8" sewer main and two (2) sewer manholes to temporarily serve the two lot subdivision, future development may also want to construct temporary sewer main and manholes for which the City will also be responsible to own 1

and maintain. Ultimately, this deviation from the sewer master plan would result in the City maintaining 475 extra feet of sewer line. Also, this property is located in the Southwest Impact Area and therefore, in accordance with the Sewer Extension Policy any conditions set by Mayor and City Council would need to be adopted by Ada County prior to staff approval of the sewer design plans. RECOMMENDATION Staff recommends that the subject property be served in accordance with the City's Master Sewer Plan and not the alternative route proposed by the applicant. MOTION I move that staff recommendations are upheld that the applicant follow the master sewer plan to serve the subdivision and the proposed alternative sewer route by the applicant be denied. H:\msoffice\Word\Mike\Silverstirrup Sub PWC Agenda.doc 2

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Planning & Development Services Boise city Hall, 2nd Floor Phone: 208/384-3830 150 N. CopHol Boulevord Fox: 208{38-3753 p. O. 80.500 TDD{TTY: 8OO{377.3529 Boise/ Idaho 83701 MOSCO Website: www.dtyofbois8.0rglpds Subdivision Staff Report Subdivision Name Silverstirrup Subdivision File Number SUB08-00046 Approval Preliminary Plat Lead Agency Ada County Annexation Date NA Compo Plan Does Nol Comply Public Hearing Date December 9, 2008 Heard by Boise City Council Analyst David Abo, AlCP Description: This is a proposed residential subdivision with two lots. The site is currently zoned RI (Estate Density Residential) and the applicant is requesting a rezone to R4 (Medium Low Density Residential). The site is.90 acres in size with a proposed density of 2.22 lots per acre. Location: The site is located on the west side of South Cole Road, approximately 4,600 feet south of West Amity Road. Traffic Existing Condition of Area Roadways: Roadway Frontage Functional Classification Cole Road 308' Principal Arterial Traffic Count 9,370 south of Amity Road on 4/11/2007 Level of Service* Better than "'C" Speed Limit 35 MPH I Stirrup Avenue 130' Local N/A N/A 20 MPH VTD). *Acceptable level of sen-lce for a two-lane pnnclpal artenal roadway IS "E" (15,500 1. Capital Improvements PlanfFive Year Work Plan There are no roadways, bridges or intersections in the general vicinity of the project currently scheduled in the Five Year Work Plan. Cole Road between Lake Hazel and Desert Road is listed in the Capital Improvements Plan (ClP) to be widened to 5-lanes between the 2014 and 2018.

Contents: Basis for Recommendation Vicinity Map Preliminary Plat Aerial Map Technical Review and Agency Comments SUB08-00046 / Silverstirrup Subdivision / Preliminary Plat Boise City Council/December 9, 2008 Page 2 of 16

SUB08-00046 / Silverstirrup Subdivisiou / Preliminary Plat Boise City Council/December 9, 2008 Page 3 of 16 Basis for Recommendation The plat design, layout and rezone to R4 are m not conformance with the Boise City Comprehensive Plan. Staff Perspective - From Analysis of Comprehensive Plan Compliance The applicant is proposing to rezone.9 acres from RI to R4, variances to reduce street frontage and screening easement requirements and a two lot preliminary plat. The proposed subdivision is located in the Sunset West #2 subdivision, which was platted in 1973 and consists almost entirely of approximately I acre lots in the impact area. This area will likely redevelop in the future with higher densities, however no plan is in place that would guide the direction of any redevelopment. The applicant's proposal to split off the back of his lot could lead to a fragmented and disjointed redevelopment pattern in the area. Since the applicant's original submittal, a revised site plan indicating direct lot access onto South Cole Road for the proposed southern lot was submitted to ACHD for a waiver of the access management policy. Staff does not support this revised plan as it is in direct conflict with Comprehensive Plan policy 7.3.4, "Limit access to all arterial streets" and policy 7.3.6,"Improve access control on existing streets through the review of new developments". ACHD has denied the applicant's request and will not allow direct lot access onto South Cole Road so the applicant is moving forward with their original request for a flag lot configuration with access onto Stirrup Avenue. The applicant is creating two lots that are 19,820 square feet and 20,022 square feet. The applicant would be required to connect to sewer due to the size of the lots, however the closest available sewer connection point is approximately one mile away and would require the applicant to spend approximately $1 million to extend sewer. The lack of sewer availability indicates that the City cannot provide urban services to the site at this time. Because there is no plan in place for redevelopment of the area as well as the City's inability to provide sewer to the site, staff is recommending denial of the rezone, variance and subdivision plat and finds no conditions that would make the proposed Silverstirrup Subdivision compliant with the Boise City Comprehensive Plan.

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SUB08-00046 I Silverstirrup Subdivision I Preliminary Plat Boise City Council I December 9, 2008 Page 4 of 16 Technical Review and Agency Comments Boise City Planning and Development Services: Subdivision Section - David Abo, AICP The subdivision must comply with Boise City Comprehensive Plan and conditions of the Boise City Public Works Department. Comprehensive Planning Section - Jennifer Tomlinson, December 2, 2008 Boise City is providing comment on the above-listed application relative to its consistency with the goals and policies of the Boise City Comprehensive Plan and pursuant to the requirements of the Area ofimpact Agreement. The subject property is located on the southwest comer of West Stirrup Avenue and South Cole Road. This is an application for a subdivision, zone change from Rl to R4, variances to street frontage and screening easement requirements and a two lot preliminary plat on approximately.9 acres. The property is located in the Southwest planning area and has been designated on the Land Use Map as Estate Density Residential (3 DU/acre). The following Comprehensive Plan policies are applicable to this application: Chapter 6-Transportation Objective 6.1.3-Encourage completion of the existing street system and creation of new links, within reasonable constraints, as the transportation system develops. Policy 6.1.3.6- All new development shall be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. Objective 6,1.4-Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual development parcels. Policy 6.1.4.6- Improve access control on existing streets through the review of new developments. Objective 6.1.5-Maintain safe and comfortable neighborhoods by minimizing speeding and cutthrough traffic. Policy 6.3.5- New developments shall be required to stub access to adjacent undeveloped parcels where appropriate.

SUB08-00046! Silverstirrup Subdivision! Preliminary Plat Boise City Council! December 9. 2008 Page 5 of 16 Objective 6.4- Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual parcels. Policy 6.4.1- Support the access restriction policies of the Ada County Highway District. Policy 6.4.4- Limit access to arterial streets. Policy 6.4.6- Improve access control on existing streets through the review of new developments. Chapter 7- Community Quality Objective 7.6- Promote energy efficiency in new and existing housing. Policy 7.6.1- Promote energy conservation features in the design of all new housing developments and encourage installation of conservation devices in existing equipment. Residential Development Objective 7.2- Ensure through urban design the development of new residential structures that are functional and aesthetically pleasing. Policy 7.4- Require that residential street scenes provide variety and modulation in design and placement of homes. Objective 7.4- Reinforce the development of functional and visually appealing neighborhoods. Policy 7.4.4- Establish a continuous network of sidewalks, bicycle and/or pedestrian paths to establish internal and external linkage within the community. Chapter 8- Land Use Goal 8.0- Achieve a city that minimizes suburban sprawl that provides for a diverse mixture of lifestyles and atmospheres and a sense of place that varies throughout the different areas of the city, and that efficiently provides basic services and facilities in close proximity to where people live. Objective 8.1- The land use map and attendant policies shall be the official guide for development of the planning area and shall be implemented through zoning and development review. Policy 8.1.1- The Land use/zoning Consistency Matrix shall identify the zoning districts that are pem'issible within each land-use designation. Conformance with the Land Use/Zoning Consistency Matrix shall be a necessary finding of approval for all zone changes and conditional uses, unless one or more of the fom,s of flexibility identified in the policies under Objective 2 are implemented.

SUB08-00046 I Silverstirrup Subdivision I Preliminary Plat Boise City Council I December 9, 2008 Page 6 of 16 Table 8.1 3 Definitions of Land Use Map Designations Paoe 2 of 3 Land Use Applies To Allowed Uses and/or Limitations FAR Estate Residential 3 Slightly higher density in the developed portion of the Southwest Area 9,000 square-foot lots, overall target density af 3 units per gross acre. Clustering of units through Planned Unit Developments (PUDs may be allowed on smaller lots None Land Use Estate Residential OU/acre 3 A U R la R 16 R lc R 1M R 2 R 3 N 0 X X X X X L 0 R 0 C 1 C 2 C 3 C 4 C 5 PC H S M 1 M 2 M 4 T 1 T 2 Objective 8.3-Achieve a compact city comprised of a central Downtown with surrounding neighborhoods that have a center focus combining residential, commercial, employment, civic, cultural and recreational uses. Policy 8.3.4- Development projects shall cumulatively form communities that have a center focus combining residential, commercial, employment, civic, cultural and recreational uses. Objective 8.6- Residential land uses shall be designated to provide a variety of housing densities, product types and affordable costs, and shall be located and distributed in a manner that is compatible with adjacent uses and promotes transit and pedestrian activity. Policy 8.6.2- Residential development projects greater than 10 acres shall be encouraged to provide a combination ofproduct types and densities rather than a single product type. Chapter 9-Economic Development Policy 9.2.8- Ensure that sufficient housing opportunities are provided in the Boise Planning area to provide a labor force that is in balance with available jobs. Chapter IO-Growth Management Goal 10.0- Preserve, protect and enhance the overall quality of life in Boise and its Arca of Impact by ensuring that growth occurs in an orderly manner and that public services are available along with development. Objective 10.I-Ensure that growth is planned and directed in a way that minimizes sprawl and creates a functional and pleasing community. Figure 10-1 Level of Service Standards for Community Services and Facilities Service Service Standards Service Area

SUB08-00046 / Silverstirrup Subdivision / Preliminary Plat Boise City Council I December 9, 2008 Page 7 of 16 TYPE 1-CONCURRENT WlTH THE ISSUANCE OF ANY DEVELOPMENT PERMIT Fire" 4 minute response, unless excepted by Fire Department 1.5 mile Water 35 psi residential!1,500 gpm fire flow Community 40 psi non-residential!1,500 gpm fire flow Community Sewer Available to site Community Treatment: Federal Standards + capacity Collection: capacity Schools System capacity Community Streets Authorization by ACHD Community Police/Sheriff Available Solid Waste Weekly pick-up Community Electricity Available Community Telephone Available Community Storm Drainage Approved on site or public system Community Fire Station "set-a-side" shall be required within the City Area of Impact. See the exception for the Southwest Planning Area identified under Objective 2, Policy 2 in the Sewer Facilities section of the "Public Facilities, Utilities and Services" Chapter of this Plan. ANALYSIS The applicant is proposing to rezone.9 acres from RI to R4, variances to reduce street frontage and screening easement requirements and a two lot preliminary plat. The proposed subdivision is located in the Sunset West #2 subdivision, which was platted in 1973 and consists almost entirely of approximately 1 acre lots in the impact area. This area will likely redevelop in the future,,-ith higher densities, however no plan is in place that would guide the direction of any redevelopment. The applicant's proposal to split off the back of his Jot could lead to a fragmented and disjointed redevelopment pattern in the area. Since the applicant's original submittal, a revised site plan indicating direct lot access onto South Cole Road for the proposed southern lot was submitted to ACHD for a waiver of the access management policy. Staff does not support this revised plan as it is in direct conflict with Comprehensive Plan policy 7.3.4, "Limit access to all arterial streets" and policy 7.3.6,"lmprove access control on existing streets through the review of new developments". ACHD has denied the applicant's request and will not allow direct lot access onto South Cole Road so the applicant is moving forward with their original request for a flag lot configuration with access onto Stirrup Avenue. The applicant is creating two lots that are 19,820 square feet and 20,022 square feet. The applicant would be required to connect to sewer due to the size of the lots, however the closest available sewer connection point is approximately one mile away and would require the applicant to spend approximately $1 million to extend sewer. The lack of sewer availability indicates that the City cannot provide urban services to the site at this time. Because there is no plan in place for redevelopment of the area as well as the City's inability to provide sewer to the site, staff is recommending denial of the rezone, variance and subdivision plat and finds no conditions that would make the proposed Silverstirrup Subdivision compliant with the Boise City Comprehensive Plan.

SUB08-00046 / Silverslirrup Subdivision / Preliminary Plat Boise City Council/December 9, 2008 Page 8 of 16 Boise City Public Works: Engineering - Rob Bousfield No comments. Pressure Irrigation - Kent Johnson Comply with Boise City Code Section 9-20-8.J and Idaho Code, Section 31-3805. Sewer - Mike Sheppard, October 31, 2008 a. 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). b. WetIine sewers are required (Boise City Code 9-20-08.D, Improvements; Sanitary Sewers). i) Developer and/or o,vner shall contact the Public Works Department regarding the financing and details ofextending the sewers to the subject property. Developer and/or owner shall enter into a sewer reimbursement agreement with the City of Boise. ii) Plans shall be submitted to and approved by the Boise City Public Works Department 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 Public Works Department 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. iii) 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. iv) Developer and/or owner shall be responsible for repairs of any failures that occur within one (I) year of the project acceptance by the appropriate sewer entity (Boise City Code, Improvements; Sanitary Sewers). v) All lots within this subdivision shall be subject to and restricted by the following recorded subdivision covenants: (a) A monthly sewer charge must be paid after connecting to the Boise City public sewer system, according to the ordinances and laws ofboise City. (b) Owner shall submit to inspection by either the Public Works Department or the Building Department whenever a subdivided lot is to be connected to the City's sewage system and a building is constructed or installed on or within the owner's property. (cj The developer and/or owner of this subdivision or lot or lots therein shall and hereby does vest in Boise City the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the

SUB08 00046 / Silverslirrup Subdivision / Preliminary Plat Boise City Council j December 9, 2008 Page 9 of 16 collection of any charges herein required and to enforce the conditions herein stated. This covenant shall run with the land. (d) The recording of this plat by developer and/or owner shall be deemed and construed as a request for annexation of its property to the corporate limits of Boise City. Such request and consent shall be binding on all subsequent purchasers or owners of developer's property. (e) Covenants to be approved by the Boise City Attorney. b. Unless previously paid, developer and/or owner shall pay a connection fee and physically connect to sewer the existing building on Lot(s) I, Block I 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. Special Conditions: Prior to granting final sewer construction plan approval, recommendation of approval by Boise City Council and confirmation of the county adopting these recommendations are required per Boise City's sewer extension policy, Street Lights - Henry Alarcon, October 31, 2008 No street lights required. Boise City street light easement(s) required. Boise City Fire Department - Mark Senteno, November 3, 2008 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 ISO' of all portions of nonsprinklered buildings. Any dead-end road in excess of ISO' 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 70,000 lb. GVW (24,000 Ibs 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 buildlllg, and shall be positioned parallel to one entire

SUB08-00046 / Silverstirrup Subdivision / Preliminary Plat Boise City Council/December 9, 2008 Page 100f16 side of the building. No grade may exceed 10% (please note that fire apparatus are designed for a maximum 6% gradel. 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: Project is 4 Y, miles from the closet current fire station. Code Requirement: For streets having a width less than 36 feet back of curb to back of curb parking shall be restricted on (1 lone side; for streets having a width less than 29 feet back ofcurb to back ofcurb 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 CI05.1. Comments: One fire hydrant has been noted. In the absence of information on existing hydrants it appears that no new hydrants may/will be needed. However, we reserve the right to modify requirements as more infornlation 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. Please feel free to have the applicant contact Mark Senteno, 384-3967

SUB08-00046 / Silverstirrup Subdivision / Preliminary Plat Boise City Council/December 9,2008 Pagellofl6 Ada County Highway District Project/File: Lead Agency: Ada County Site address: Silverstirrup Subdivision/2008001OO-S-V-ZC-DA This is a rezone. variance, and preliminlll}' plat application for a 2-lot residential subdivision on.9 7405 W. Stirrup Avenue Commission Hearing: November 19, 2008 Commission Approval: November 19,2008 Applicant: Scott Goodman 5710 Vanessa Court Woodland Hills, CA 91367 Representative: Briggs Engineering Sabrina Whitehead 1800 W. Overland Rd. Boise, ID 83705 Staff Contact: Kristy Scovill Phone: 387-6171 E-mail: kscovill/a:al..;hd.ada.id.us Tech Review: Application Information: Acreage:.9 Current Zoning: R I Proposed Zoning: R4 Buildable Lots: 2 A. Findings of Fact Existing Conditions November 6, 2008 (via email) I. Site Information: This site consists ofone residential home. 2.

SUB08-00046 I Sih'erstirrup Subdivision I Preliminary Plat Boise City Council 1 December 9. 2008 Page 120f16 4 South Medium Density Residential (Skylight Subdivision) R-6 East Medium Low Density Residential (Southfork Subdivision) R-4 West Estate Residential (Sunset West Subdivision) R-I 3. Existing Roadway Improvements and Right-of-Way Adjacent To and Near the Site Cole Road is improved with 2 traffic lanes, 29-feet or pavement, and vertical curb & gutter... ithin 8! -feet of right-or-way (33 feet from centerhne) abutting the site. There is dct:jched sidewalk to the east of the sill' Stirrup Avenue is improved with 2 traffic lanes, 33-feet of p3yement. and rolled curb and gutter within 60-feet of right-of-way no-feet from centerlme) <lbuning the site. Existing Access: There is one defined access points to this property located off of Stirrup Avenue. 5. Site History: ACHD has not previously reviewed this site for a development application. 6. Adjacent Development: Arbor Hills Planned Community located south of the site along a future extension of Cole Road. At build out the Planned Community will consist of 6,700 residential units,150,0000 square feet of retail, 400,000 square feet of office, 6 schools, 8 churches, I library, 2 hotels, 188 acres for parks and 5 community centers on 2,291.17 acres. The Arbor Hills Planned Community application was heard and approved by the ACHD commission on August 27, 2008. Development Impacts 7. Trip Generation: This development is estimated to generate 10 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Manual. 8. Impact Fees: There will be an impact fee that is assessed and due prior to issuance ofany building pennits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 9. Existing Condition of Area Roadways: Roadway Frontage Functional Classification Cole Road 308' Principal Arterial Traffic Count 9,370 south of Amity Road on 4/11/2007 Level of Service* Better than "e" Speed Limit 35 MPH Stirmp Avenue 130' Local N/A N/A 20 MPH VTD) *Acceptable level of service for a two-lane pnnclpal artenal roadway IS HE" (15,500 10. Capital Improvements Plan/Five Year Work Plan Illere are no roadways, bridges or intnsections in the general VIcinity ofthe project cuitently scheduled to the Five Year Work Plan.

StTB08-00046 / Silverstirrup Subdivisiou / Preliminary Plat Boise City Council/December 9, 2008 Page 13 of16 Cole Road bel,,",'een Lake Hazel and Desert Road is hsred in the Capifallmprow:mCnl5 Pbl! (CJP)lO be widened to 5-1ancs between the 2014 and 2018. B. Findings for Consideration I. Cole Road Right-of-Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-FI B). This right-of-way allows for the construction of as-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Applicant Proposal: The applicant has not proposed any improvements to Cole Road. Staff CommentlRecommendation: The applicant will be required to dedicate 48-feet of right-of-way abutting the site, OR dedicate 38-feet of right-of-way from centerline and provide a 10-foot sidewalk easement along Cole Road abutting the site. In either case, the applicant will be required to construct a 5-foot detached concrete sidewalk a minimum of 41-feet from the centerline of Cole Road abutting the site. 2. Stirrup Avenue Right-of-Way Policy: District policy 7204.4.1 and Figure 72-FIA requires 50-feet of right-of-way on local streets. This right-otway allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. Applicant Proposal: Avenue. The applicant has not proposed any improvements to Stirrup Staff Comment/Recommendation: Typically, the applicant would be required to construct a 5-foot wide concrete sidewalk abutting the site. However, staff recommends a modification of policy to not require the construction of sidewalk abutting Stirrup Avenue due to the sites limited frontage and the lack of existing sidewalks abutting and near the site. 3. Driveways Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is nonnally restricted. The developer shall try to use combined access points. Ifthe developer can show that the use ofa combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Driveway PaVing Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. Residential Driveway Width Policy: District Policy 72079.3 restricts residential driveways to a maximum width of20-feet.

'.. SUB08-00046 / Silverstirrup Subdivision / Preliminary Plat Boise City Council/December 9, 2008 Page 14 of 16 Applicant's Proposal: The applicant is proposing to utilize the existing driveway access near the west property line on Stirrup Avenue, and provide a cross access agreement with the new lot to the south. Since receiving the original transmittal from Ada County, the applicant has requested to take direct lot access to Cole Road. Staff Comment/Recommendation: The applicant's proposal meets District policy and should be approved as proposed. The applicant will be restricted to a maximum driveway width of 20-feet and required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. The applicant will be required to provide written documentation to the District of the cross access agreement. Staff is not supportive of the applicant's request to take access off of Cole Road. Cole Road is classified as a principal arterial roadway; District Access Management Policy states that direct lot access to arterial roadways is normally restricted. This site has access to a local street (Stirrup Avenue) and the applicant has demonstrated that access can be taken from the local street. Additionally, this section of Cole Road is listed in the District's Capital Improvement Plan to be widened to 5-lanes in the future with connections south providing access to Arbor Hills planned community. Commission Discussion: Commission approved the staff report, as written, requiring the applicant to take access off Stirrup Avenue through a cross access agreement, as originally proposed, located near the west property line. 4. Tree Planters Tree Planter Policy: The District's Tree Planter Width Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 5. Other Access Cole Road is classified as a principal arterial roadway. Direct lot access to this roadway is prohibited, and shall be noted on the final plat. C. Special Note to Ada County Driveways on arterial roadways are prohibited Driveways should be located on local streets whenever possible to limit driveways on arterial roadways. D. Site Specific Conditions of Approval 1. Dedicate either 48-feet of right-of-way from the centerline of Cole Road abutting the parcel, or 38-feet of right-of-way from the centerline of Cole Road abutting the parcel with a lo-foot public sidewalk and utility easement. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District

SUB08-00046 I Silverstirrup Subdivision I Preliminary Plat Boise City Council I December 9, 2008 Page 150f16 will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 2. Construct a detached 5-foot wide concrete sidewalk located a minimum of 41-feet from the centerline of Cole Road abutting the site. 3. Utilize the existing driveway on Stirrup Avenue located near the west property line. The driveway is restricted to a maximum width of 20-feet. Pave the driveway its full width and at least 3D-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 4. Provide written documentation to the District of the cross access agreement. 5. Direct lot access to Cole Road is prohibited, and shall be noted on the final plat. 6. Comply with au Standard Conditions of Approval. D. Standard Conditions of Approval I. Any existing irrigation facilities shau be relocated outside ofthe right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding permit (or other required permits), which incorporates any required design changes.

SUB08-00046 / Silverstirrup Subdivision / Preliminary Plat Boise City Council / December 9,2008 Page 160fl6 9, Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment ofapplicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 11. It is the responsibility ofthe applicant to verify all existing utilities within the right-ot way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DlGLINE (1-800-342-1585) 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. 12. No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Eo Conclusions of Law 1. The proposed site plan is approved, ifall of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development.