Time Extension Staff Report Subdivision Name Lunara Subdivision File Number SUB07-00019 Approval Time Extension for Lead Agency Boise City Certification Signature of Boise City Engineer Annexation Date December 30, 1988 Comp. Plan Complies Public Hearing Date May 5, 2009 Heard by Boise City Council Final Plat Approval July 24, 2007 Staff David Abo, AICP Request: The applicant is requesting a one-year time extension to July 24, 2010 for obtaining the Certification Signature of the Boise City Engineer on the Final Plat for the Lunara Subdivision. The Final Plat was approved by the Boise City Council on July 24, 2007. This is a single family residential subdivision with eight buildable lots and two common lots on 1.38 acres. Location: The subject property is located on the southwest corner of W. Ustick Road and N. Kimball Street, approximately ¼ mile west of Maple Grove Road. Contents: Basis for Recommendation Applicant s Letter, April 7, 2009 Vicinity Map Final Plat Aerial Map Conditions of Approval
Page 2 of 12 Basis for Recommendation The one-year time extension has been requested to allow the applicant to have additional time to secure the Certification Signature of the Boise City Engineer on the Final Plat. Please see the applicant s letter which cites the need for the time extension. The Boise City Subdivision Ordinance provides for time extensions not to exceed one year. Boise City Subdivision Ordinance: 9-20-05 PROCEDURES D. PROCEDURE: BOISE CITY FINAL PLAT The following procedures shall apply to the filing for final approval of any subdivision located within Boise City. 1. FILING BY APPLICANT: a. After the approval or conditional approval of the Preliminary Plat, the applicant may cause the subdivision, or any part thereof, to be surveyed and a Final Plat prepared in accordance with the Preliminary Plat as approved. Any portion of a Preliminary Plat in conformance with Zoning Ordinance Standards that is left unplatted shall be deemed a single parcel by the City until a subdivision plat is recorded. b. The Final Plat, prepared in accordance with Title 50, Chapter 13 of the Idaho Code and the provisions set forth herein, shall be filed with the Review Analyst. c. Such Final Plat, when submitted, shall be accompanied by prints, thereof, as required by the Review Analyst. d. The Boise City Engineer shall sign all Final Plats within Boise City as evidence for a conformance with the Subdivision Ordinance and the City Council's conditions of approval. 2. LIMITATION ON TIME OF FILING: a. Filing of the Final Plat shall be made within two (2) years after action by the Council on said Preliminary Plat. b. Failure to file a Final Plat within two (2) years after the action by the Council approving said Preliminary Plat shall cause all approvals of said Preliminary Plat to have been voided; provided, however, that upon
Page 3 of 12 Recommendation: application of the applicant, the Council may grant an extension for a period not to exceed one (1) year, provided an application for extension is filed, in writing, at least twenty (20) working days prior to the expiration of the first two (2) year period and each additional period as may have been granted by the Council. In granting of the time extension, the Council reserves the right to modify and/or add conditions to the Final Plat to conform with adopted policies and/or ordinance changes which have occurred following initial approval. Upon approval/denial of a time extension, the Review Analyst shall notify applicant and all agencies having jurisdiction of the action taken by the Council. c. Filing of Final Plat on phased developments may require modifications to the conditions as approved by Council. Council reserves the right to modify and/or add conditions to the Final Plat to conform with adopted policies and/or ordinance changes for each phase submitted after two (2) years following Preliminary Plat approval in accordance with 9-20- 5.D.2.b. d. Certification Signature of Boise City Plats by the Boise City Engineer shall be made within two (2) years from date of approval of the Final Plat by the Council, however, that upon application of the applicant, the Council may grant time extensions, and each time extension shall be for a period not to exceed one (1) year, provided an application for extension is filed, in writing, at least twenty (20) working days prior to the expiration of the first two (2) year period, or expiration date established thereafter. In granting of the time extension, the Council reserves the right to modify and/or add condition(s) to the original Final Plat to conform with adopted policies and/or ordinance changes. Staff recommends approval of a one-year time extension to July 24, 2010 for obtaining the Certification Signature of the Boise City Engineer on the Final Plat of the Lunara Subdivision subject to Conditions of Approval.
RECEIVED INVESTMENT GROUP, LLC PLANNING DEPT. SUBONISIONS,677 S. Caleb pl. Meridian, Idaho 83642 CZOS) 850-1882 troyquickhomes@yahoo.com Dear Boise City Subdivision Dept, I would like to request a 12 month extension for the Lunara subdivision. Due to the extreme downturn in the building market, we have not yet started to development this subdivision. We are requesting the additional time so that we can see if the market is going to show some signs of stability prior to putting more money into this project. I have enclosed a check for $139.00 so that you can put this issue before the city council. Troy Q ck
Page 4 of 12 Conditions of Approval Special Conditions 1. 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 by July 24, 2010. A. The developer may submit a request for a time extension, including the appropriate fee, to the Boise City Planning and Development Services Department for processing. Boise City Council may grant time extensions for a period not to exceed one year provided the request is filed, in writing by June 25, 2010 or twenty working days prior to the expiration of the one year time extension. B. If a time extension is granted, the Boise City Council reserves the right to modify and/or add condition(s) to the original Final Plat to conform with adopted policies and/or ordinance changes. C. The Final Plat shall be recorded with the Ada County Recorder within one year from the date of the Boise City Engineer s signature. If the Final Plat is not recorded within the one-year time frame the subdivision shall be deemed null and void. 2. Prior to approval by the City Council, the Preliminary Plat shall be revised to show Lots 6-9 to meet the minimum frontage requirements. 3. Vehicular access for Lots 5-10 shall be from a common driveway. 4. All parking shall be set back a minimum of 20 feet from the edge of the paved common driveway. 5. Duplexes shall be prohibited on Lots 5-10, regardless of the zoning. 6. The common driveway and utilities for Lots 5-10 shall be constructed concurrently with all other public improvements. 7. Comply with all requirements of Section 11-04-04.01.I of the Boise City Zoning Ordinance. 8. The plat shall include delineations that describe the boundaries of the perpetual ingress/egress common driveway easement as indicated on the plat for Lots 5-10.
Page 5 of 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 driveway 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. 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 5-10 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: i. Which state, "Vehicular access to Lots 5-10, shall be provided from a common driveway and not from N. Kimball Street. 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 ii. Which state, Duplex structures may not be constructed on lots that utilize a common driveway, regardless of zoning district," and iii. 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.
Page 6 of 12 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. 9. Prior to the Boise City Engineer signing the Final Plat by, the plat shall include a landscaping buffer along W. Ustick Road as specified in section 9-20-7.K. of the Boise City Subdivision Ordinance or a waiver shall be obtained. A. Design: A detailed landscaping plan that is drawn by a licensed landscape architect and 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. C. Maintenance: A note on the face of the Final Plat is required stating, Lots 1 and 2 contain a landscaping buffer easement which shall be maintained by the Lunara Homeowners Association. Said buffer may not be vacated without the express consent of Boise City." 10. A Waiver of Subdivision Ordinance is hereby granted to allow the required landscaping buffer along W. Ustick Road to be reduced from the required width of 30 feet to 7 feet. 11. A Waiver of Subdivision Ordinance is hereby granted to allow the required landscaping buffer area along W. Ustick Road to be located in an easement on buildable lots (Lots 1 and 2) that do not meet the minimum dimensional standards to incorporate a landscaping buffer on buildable lots. 12. Lots 3 and 10 are common lots to be used for open space. A note on the face of the Final Plat shall state: Lots 3 and 10 are common lots to be used for open space, which shall be
Page 7 of 12 owned and maintained by the Lunara Homeowner s Association. This lot cannot be developed for residential purposes in the future 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. Covenant Requirements 14. Covenants, homeowners association by-laws or other similar deed restrictions acceptable to the Boise City Attorney, which provide for the use, control and maintenance of all common areas, common party walls, storage facilities, recreational facilities or open spaces shall be reviewed and approved by the Boise City Attorney. Erosion Control Requirements 15. 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. 16. 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 Conditions 17. Subdivision drainage shall be in accordance to B.C.C. 9-20-08.E. The developer shall submit a letter from appropriate drainage entity approving the drainage system or accepting the drainage there from; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site. A copy of the construction drawing(s) depicting all site drainage improvements shall be submitted with the letter. A. Developer may either construct improvement prior to final platting or post bond in the amount of 110% of the estimated construction costs. Estimated construction costs shall be provided by the developer s engineer.
Page 8 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. Irrigation Conditions 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 tot eh Boise City Attorney shall be reviewed and approved by the Boise City Attorney. 18. Comply with Boise City Code Section 9-20-8.J and Idaho State Code, Section 31-3805 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. Fees: Developer and/or owner shall pay the current inspection and plan review fees on the proposed subdivision prior to signing of the Final Plat by the Boise City Engineer (B.C.C. 9-20-11). B. Developer may construct prior to Final Platting or bond in the amount of 110% of the estimated construction costs. C. Prior to either commencing construction or signing of the Final Plat by the Boise City Engineer, developer shall: i. Submit construction plans and specifications for the pressurized system, stamped by a registered engineer, to the Department of Public Works and acquire approval there from. ii. Provide written assurance that provisions have been made for ownership, operation, and maintenance of the system. iii. Delineate all necessary irrigation easements on the Final Plat (B.C.C. 9-20-7.F). D. Developer shall provide for an independent inspection of the installation of irrigation facilities and written certification by the design or project engineer that the system was installed according to the approved plans. In addition, the
Page 9 of 12 Department of Public Works must be present for the system pressure test and participate in a final inspection. 19. 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 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). 20. 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 prior to issuance of the first building permit in the development. Sewer Condition 21. Wet line sewers are required (B.C.C. 9-20-08.D.). A. Developer and/or owner shall contact the Department of Public Works regarding the financing and details of extending the sewers to the subject property. Developer shall enter into a sewer reimbursement contact with the City of Boise. B. 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 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
Page 10 of 12 Building Permit with the subdivision, whichever comes first. NOTE: All bonding shall conform to Boise City Code, Title 8, Chapter 20. C. 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. 22. 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 (B.C.C. 9-20-07.F.). 23. Developer and/or owner unless previously paid shall pay a sewer assessment along W. Ustick Road 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. 24. Developer and/or owner unless previously paid shall pay a connection fee and physically connect to sewer all existing homes remaining within the subdivision boundary prior to signing of the Final Plat by the Boise City Engineer or post bond/agreement for 10% of the cost to connect. NOTE: All bonding shall conform to Boise City Code, Title 9, Chapter 20, Section 8.B.3. 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 25. 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). 26. 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, bonding, or payment into trust fund. A. Fees: Developer shall pay the current street light inspection and plan review fees on the proposed subdivision (B.C.C. 9-20-11). B. 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.
Page 11 of 12 i. N.E. Corner of Lot 1, Block 1 ii. S.E. Corner of Lot 10, Block 1 at a 30 feet minimum mounting height, 250/400 W.H.P.S. C. If bonding approval 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 27. 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. 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. 28. The name, Lunara 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 Boise City Council of the "revised" Final Plat shall be required. Developer and/or owner shall submit all items including fees, as required by the Boise City Planning and Development Services Department, prior to scheduling the "revised" Final Plat for hearing. 29. Correct street names as approved by the Ada County Street Name Committee shall be placed on the plat (I.C. Title 50, Chapter 13).
Page 12 of 12 30. A letter of acceptance for water service from the utility providing same is required (B.C.C. 9-20-8.C). 31. Developer shall provide utility easements as required by the public utility providing service (B.C.C. 9-20-7.F). 32. 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 33. Approval of sewer and water facilities by the Central District Health Department is required (I.C. Title 50, Chapter 13). 34. A letter from the appropriate school district is required stating, "The Developer has made arrangements to comply with all requirements of the School District." 35. 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 Final Plat is required (I.C. Title 50, Chapter 13). 36. 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). 37. No application for a building permit for the construction of any new structure upon property within this proposed subdivision plat shall be accepted until the Final Plat has been recorded pursuant to the requirements of the Boise City Subdivision Ordinance. 38. The Lunara Subdivision is approved for eight buildable lots and two common lots.