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HomeMy WebLinkAboutKnight Sky Estates Sub AZ PP PSCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 1 STAFF REPORT Hearing Date: 5/23/2006 TO: Mayor & City Council FROM: C. Caleb Hood, Current Planning Manager Meridian Planning Department 208-884-5533 SUBJECT: Knight Sky Estates Subdivision AZ-06-005 Annexation and Zoning of 58.56 acres from RR to R-4 (Low Density Residential)(32.86 acres), TN-C (Traditional Neighborhood Center)(14.54 acres) and C-C (Community Business)(11.16 acres). PP-06-004 Preliminary Plat approval of 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots and 26 common/other lots on 55.83 acres. 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Sea 2 Sea, LLC, has applied for Annexation and Zoning of 58.56 acres to R-4 (32.86 acres), TN-C (14.54 acres) and C-C (11.16 acres), and Preliminary Plat approval of 126 residential building lots, 7 commercial building lots, and 26 common lots on 55.83 acres. The site is located on the northwest corner of the intersection of Chinden Boulevard and Linder Road. There is an existing home and associated out buildings on this site near Linder Road. The rest of the site is currently vacant and being used for agricultural purposes. A majority of this site is Lot 1, Block 1, Brandt Subdivision, which was recorded in 1991. This lot was platted as the 75% open space, deed restricted area for the County Subdivision. The subject property is within the area proposed to be a part of the City of Meridian’s Area of Impact and proposed Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP as well as a private street application) were submitted to the Planning Department for concurrent review. The subject applications are being combined into one staff report. The Commission should make recommendations to the Council on all of the subject applications. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. Staff is recommending approval of the proposed Knight Sky Estates Subdivision (AZ-06-005 and PP-06-004) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on March 2nd and April 6th, 2006. At the public hearing on April 6th, they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel (Applicant’s representative), Bryan Martin (Applicant’s Engineer) ii. In opposition: Alan Ward, Larry Woodard, Foad Rothani (aka – Jack Smith), Brad Larsen, Ken Mallea, Tom Holloway, Lydia Aguirre. iii. Commenting: None iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 2 i. Density; ii. Traffic; iii. Sewerability and decommissioning the proposed temporary lift station; and iv. Irrigation water service to Brandt Subdivision. c. Key Commission Changes to Staff Recommendation: i. Deleted requirement for a stub street to the north (5-acre lot in Almaden Subdivision). NOTE: At the April 6th public hearing the Applicant’s representative, Shawn Nickel, offered to construct a 6-foot tall solid fence along the entire boundary of the subdivision. He also offered to provide irrigation water to the homeowners in Brandt Subdivision. In addition to the Commission changes, staff has included these offerings of the Applicant in Exhibit B. d. Outstanding Issue(s) for City Council: i. Clarification on how irrigation water will be provided to the Brandt Subdivision homeowners (see Condition 1.1.15 in Exhibit B). ii. The applicant has submitted a revised preliminary plat (dated April 5, 2006) which incorporates most of the changes required by staff and the Commission. However, the revised preliminary plat has a net gain of three residential lots. Staff recommends that the Council approve the revised preliminary plat, with the provision that a maximum of 126 residential lots be allowed. Staff further recommends that one of the townhouse groupings that contain four dwellings be platted as one large lot, and re-subdivided into four new lots in the future. 3. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-005 and PP-06-004 as presented in the staff report for the hearing date of May 23, 2006, and the preliminary plat labeled Sheet 1 of 1, dated January 3, 2006 (revised 1-27-06 April 5, 2006) with the following modifications to the conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 005 and PP-06-004 as presented in the staff report for the hearing date of May 23, 2006, for the following reasons: (you should state specific reasons for denial of the annexation and/or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-005 and PP-06-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northwest corner of the Chinden Boulevard/Linder Road intersection / 4N1W23 b. Owner: Foothill Knights, LLC 757 W. Bankside Drive Eagle, ID 83616 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 3 c. Applicant: Sea 2 Sea, LLC 757 W. Bankside Drive Eagle, ID 83616 d. Representative: Shawn Nickel, SLN Planning Inc. e. Present Zoning: RR f. Comprehensive Plan Designation: Mixed Use (along Chinden) and Medium Density Residential (remainder) g. Description of Applicant's Request: The applicant is requesting approval of a 159-lot mixed- use development that includes 126 single-family residential buildable lots, 7 commercial lots and 26 common lots on 58.56 acres. The applicant is proposing three zones: R-4 (Low Density Residential)(32.86 acres); TN-C (Traditional Neighborhood Center)(14.54 acres); and C-C (Community Business)(11.16 acres). All of the proposed lots conform to the dimensional standards of the requested zone. The average residential lot size in the proposed development is 8,200 square feet. The gross density of Knight Sky Estates is 2.26 dwelling units per acre. Approximately 16% (9.1 acres) is being set aside for open space; 6.2% of the open space is considered useable, the rest of the open space is either used for street buffers or drainage areas. 1. Date of preliminary plat (attached in Exhibit A): 1/3/06 (Revised 1/27/06) 2. Date of landscape plan (attached in Exhibit A): 1/4/06 h. Applicant's Statement/Justification: The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. As a result, this application does not include a request for variance or deviation from the ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan (see applicant’s submittal letter.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: February 13 and 27, 2006 (for Planning & Zoning Commission hearing) and May 1 and May 15, 2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: February 8, 2006 (for Planning & Zoning Commission hearing) and April 28, 2006 (for City Council hearing). e. Applicant posted notice on site by: February 20, 2006 (for Planning & Zoning Commission hearing) and May 13, 2006 (for City Council hearing). 6. LAND USE a. Existing Land Use(s): There is an existing home and some out buildings on this site. The rest of the subject property is currently vacant and is being farmed. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 4 b. Description of Character of Surrounding Area: There are five-acre lots in Almaden Subdivision to the north. Spurwing Country Club is to the west. Brandt Subdivision, with one- acre lots is to the east. To the south is Lochsa Falls Subdivision, and the proposed Knight Hill commercial development. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential on five-acre lots, Almaden Subdivision, zoned RR (Ada County) 2. East: one-acre lots in Brandt Subdivision, zoned RR (Ada County); Linder Road 3. South: Lochsa Falls Subdivision commercial, zoned R-4 (PD for commercial uses); Vacant ten-acres, proposed Knight Hill commercial development 4. West: Spurwing Subdivision clubhouse and driving range, zoned RR (Ada County); vacant three acre parcel, zoned RR (Ada County) d. History of Previous Actions: The City is currently in the process of amending its Area of City Impact to include the subject area. The Comprehensive Plan Map Amendment application, to add this area to the Future Land Use Map, was approved by the City Council on March 7, 2006. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sanitary sewer service is being proposed via a temporary lift station that will discharge to sewer mains located in N. Long Lake Way. Location of water: The closest City of Meridian water mains are located in Lochsa Falls Subdivision across Chinden from this property. However the City of Meridian and United Water are currently in negotiations that would allow United Water to serve this parcel. Issues or concerns: The need for an easement through the out-parcel in the northwest corner to facilitate decommissioning the lift station in the future. Administrative issues pertaining to United Water serving this development. 2. Vegetation: There are no existing trees on this property that need to be mitigated for. 2. Floodplain: N/A 3. Canals/Ditches Irrigation: Any open canals or ditches that cross the subject site should be piped (see Exhibit B). 4. Hazards: Staff is not aware of any hazards associated with this property. 5. Proposed and Existing Zoning: Existing RR (Ada County) to R-4 (Low Density Residential)(32.86 acres), TN-C (Traditional Neighborhood Center)(14.54 acres) and C-C (Community Business)(11.16 acres). 6. Size of Property: 58.56 acres f. Subdivision Plat Information: 1. Residential Lots: 126 2. Non-residential Lots: 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 5 3. Total Building Lots: 133 4. Common Lots: 26 5. Other Lots: 0 6. Total Lots: 159 7. Gross Density: 2.26 units per acre (net 3.1 d.u./acre) g. Landscaping 1. Width of street buffer(s): A 35-foot wide street buffer is required along Chinden Boulevard, a designated entryway corridor (UDC 11-2B-3 & UDC 11-2D-2). A 25- foot wide street buffer is required along Linder Road, an arterial street (UDC 11-2B- 3). A 10-foot wide landscape buffer is required along Knights Park Drive where it is adjacent to the proposed TN-C and C-C commercial lots (UDC 11-2B-3). Street buffers are not required adjacent to the other internal streets. 2. Width of buffer(s) between land uses: The applicant is not proposing to construct any landscape buffers between proposed TN-C and C-C zoned lots. A 50-foot wide amenity pond is proposed between the residential and commercial areas. 3. Percentage of site as open space: For the Knight Sky Estates development, over 16% of the site is being set aside for open space; 9.1 acres/16.3% (including street buffers) and 3.5 acres/6.2% (excluding street buffers) of the subject 55.83 acres (excludes right-of-way) is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. Landscaping adjacent to any roadway with detached sidewalks shall comply with UDC 11-3A-17. h. Amenities: Water fall, clubhouse, ponds, park, cobbled entries, open space. i. Off-Street Parking: UDC 11-3C-6A requires single-family detached dwellings and townhouses with more than 1 bedroom to have 2 enclosed parking spaces (a garage) and a 20’ x 20’ parking pad in front of each garage. In all commercial districts, UDC 11-3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential and Commercial Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage (garage facing street) 60 60 Lot Size (garage facing street) 8,000 8,000 TN-C There are no established lot size, setback, or lot frontage requirements in the TN-C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 6 zone. The maximum building height is 45 feet; the minimum number of stories is 2; and the maximum building footprint is 20,000 square feet. C-C Setbacks (in feet) Proposed Required Front 20 20 Interior Side 0 0 Rear 25 25 Maximum Building Height 35 35 k. Summary of Proposed Streets and/or Access: The applicant is proposing one access to Chinden Boulevard, a state highway. This proposed access is located at the ½ mile and aligns with Long Lake Way in Lochsa Falls Subdivision to the south. This public street access (Knights Park Drive) to Chinden Boulevard loops around to connect with Linder Road. The applicant is not proposing any additional access points to Chinden Boulevard or Linder Road. There are private streets, a public street to the proposed R-4 lots, commercial driveways and a common driveway proposed from Knights Park Drive. The internal public and private streets are proposed with 33-foot wide street sections (measured back-of-curb to back-of-curb) with 5-foot wide attached sidewalks. Staff is generally supportive of the proposed street system. NOTE: Nearby property owners have expressed concern about the proposed Knights Park Drive access to Linder Road. ACHD has provided the City with detailed analysis and conditions for this project. ACHD has required some changes to the proposed plat. The first change requires the applicant to provide access to Chinden Boulevard via the proposed Knights Park Drive. The second change requires the applicant to construct a stub street to the three-acre parcel to the northwest. The ACHD has approved the location of Knights Park Drive where it intersects Linder Road. Please see ACHD’s conditions in Exhibit B. 7. COMMENTS MEETING On February 10, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Mixed Use - Community” and “Medium Density Residential” on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, the mixed use designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use – Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. Medium density residential areas are anticipated to contain between three and eight dwellings per acre. The proposed Preliminary Plat includes 126 single-family lots for a gross density of 2.26 dwelling units/acre. Although the overall density is at 2.26 dwelling units per acre, the proposed R-4 area has a density of 3.1 dwelling units per acre, meeting the anticipated density range for this area. NOTE: Staff has been in contact with Eagle City Staff regarding their future plans for the area to the north and east of this project. Based on the conversation with Eagle City Staff and the policies and goals contained within the Rim View Planning Area section of Eagle’s Western Area Plan, staff believes that the subject development CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 7 complies with both Cities’ plans, if the applicant complies with the conditions listed in Exhibit B. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy):  Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner:  Sanitary sewer and water service will be extended to the project at the developer’s expense.  The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department.  The subject lands currently lie within the jurisdiction of the Ada County Sheriff’s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD).  The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change.  The subject lands are currently serviced by the Meridian School District #2. This service will not change.  The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department/United Water, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter IV, Goal I, Objective A, Action 6 - Permit new commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. This development is currently not serviceable by gravity means. Permanent sewer service for this development will be via the future North Black Cat lift station, this site will temporarily lift sewer to mains in Lochsa Falls Subdivision. City of Meridian municipal water is currently not available to this site. The City of Meridian and United Water are currently in negotiations that would allow United Water to provide water service to this parcel. Solid waste and other services can be provided to this property. Chapter VI, Goal II, Objective A, Action 3 - Consider “Accommodating Bicycle and Pedestrian Travel: A Recommended Approach” from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 8 Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three-acre parcel to the northwest. According to Eagle’s Western Area Plan, the existing five-acre parcels to the north are eligible to re-develop with one-acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Staff believes that a stub to either the Aguirre or Petty property should be provided. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development, when those five-acre parcels re-develop. See Analysis below and Exhibit B. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct five-foot wide attached sidewalks adjacent to the internal streets and on one side of the proposed common driveway. The applicant is also proposing to construct micro-paths to/from the proposed commercial lots to the east. NOTE: Staff is recommending that the applicant provide a stub street to the north. Once this stub street is extended, pedestrian access via sidewalks will link the existing Almaden Acres Subdivision to the north and the proposed development. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to construction, fencing should be constructed around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant is proposing one public street access to Linder Road (Knights Park Drive) and one public street access to Chinden Boulevard (Long Lake Way). Direct lot access to Linder Road and Chinden Boulevard should be prohibited. Chapter VII, Goal 1, Objective B - Plan for a variety of commercial and retail opportunities within the Impact Area. Approximately 12-acres of the subject site are proposed for commercial zoning. The subject application does not propose any new uses. Staff believes that the future commercial and retail sites in this plat will add to the variety of non-residential uses within the City’s Area of Impact. Staff is generally supportive of some commercial uses in this area. Please see Analysis below. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 9 The applicant is proposing a 50-foot wide common lot between the proposed townhouse lots and the future office/commercial TN-C zoned lot to the east. Some of the adjacent property owners have expressed concern over the smaller R-4 lots and the commercial lots. The UDC does not require any buffering between single-family uses. Further, the UDC does not require any buffering between commercial uses and residential uses, if they are separated by a public street. If landscaping is constructed in accordance with the UDC, staff finds that the proposed (internal) residential and commercial uses should be compatible with each other. The Commission and Council should rely on any public testimony provided when determining if this development is compatible with the uses on the adjacent parcels. Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. Staff recognizes that there are some existing low density residential land uses adjacent to this property. Staff believes that the locations of the proposed zones and the lot layout are generally appropriate as the larger lots will primarily be on the north side of the development, and the higher density will be nearer Chinden Boulevard, a major arterial street. However, to further ensure a transition from the five-acre parcels to the north, staff recommends that at least one of the lots in the northwest corner of the development be removed. To provide a better transition between the subject development and the five-acre lots to the north, staff recommends that all of the perimeter lots between Lot 18 and Lot 32, Block 7, maintain at least a 15,000 square foot lot size. If the preliminary plat is amended as proposed by staff, the proposed development should effectively provide the transition between the adjacent rural parcels and the proposed urban development. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application:  “The capacity of arterial. . .roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed.” (Chapter VI, page 72)  “Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets.” (Chapter VI, page 79) Staff believes that the proposed density and zoning for this property is generally appropriate (see Analysis below). Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant’s zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code (Table 11-2A-2) lists single-family detached homes as permitted uses in the R-4 zoning district. Meridian City Code (Table 11- 2D-1) lists attached single family dwellings as permitted uses in the TN-C zone, while several other non-residential uses are allowed either outright, as conditional uses, or as accessory uses in the TN-C zone. Please see Meridian City Code (Table 11-2B-2) for a list of permitted, conditional, accessory, and prohibited uses in the C-C zone. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 10 b. Purpose Statement of Zones: R-4 Medium Low-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. TN-C: The purpose of the TN-C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN-C is pedestrian-oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN-C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. C-C: The purpose of the Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-4, TN-C and C-C zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. Annexation and Zoning Application: Based on the Comprehensive Plan and the recently adopted Future Land Use Map, staff believes that the requested zones are appropriate for this property. However, staff believes that the proportion of the TN-C and C-C zoning proposed does not comply with the purpose statements of said zones or the Comprehensive Plan. Further, because of the existing one-acre residences to the north, staff recommends that less-intense zoning (TN-C) be approved for Lots 5-7, Block 1. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. Legal Descriptions: The annexation legal description submitted with the application (stamped on January 12, 2006, by Jeffrey H. McAllister, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Prior to annexation, staff recommends that a new legal description be filed with the City that includes Lots 5-7, Block 1, being zoned to TN-C, and Lots 1, 3 and 4, Block 1, being zoned to C-C. Development Agreement: UDC 11-5B-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Because the applicant has not submitted elevations or a list of uses that may be built in the commercial area (TN-C and C-C areas) of this development, and to ensure that this CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 11 project builds out consistent with the Comprehensive Plan, staff recommends that the applicant enter into a Development Agreement with the City. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888- 4433 to initiate this process. Staff recommends that the Commission and Council direct the City’s Legal Department to draft a development agreement for Knight Sky Estates as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the TN-C and C-C zoned lots be subject to Design Review approval, and that all TN-C lots contain structures that are at least two-stories tall. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. 9. That all landscape street buffers and land use buffers will be constructed in accordance with the UDC provisions in effect at the time of development. 10. That a maximum of 125 single-family residential dwellings be allowed on the subject property. 11. Prior to signature on the final plat of the last phase of this development by the City Engineer, the applicant shall obtain a 20-foot wide sanitary sewer easement through the out-parcel located in the northwest corner (indicated on the preliminary plat to be R1065270110) of this development or coordinate with the Public Works Department an acceptable alternative plan to facilitate decommissioning the lift station when gravity sewer is available to this site. 2. Preliminary Plat and Private Street Applications: Staff believes that the proposed preliminary plat and private streets substantially complies with the Zoning Ordinance. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 12 Special Considerations: Development Along State Highways: The applicant is proposing one access to State Highway 20-26 (Chinden Boulevard). Staff is supportive of this proposal as it aligns with Long Lake Way across Chinden and is located at the ½ mile (UDC 11-3H-4B2). The applicant should acquire a permit from ITD for this proposed access (UDC 11- 3H-4C1). The applicant is proposing a public street, Knights Park Drive, that generally parallels the highway and provides access to properties fronting the highway (UDC 11-3H-4B3). The applicant should be required to construct noise abatement in compliance with UDC 11-3H-4D and ITD’s design requirements adjacent to the residential uses. The applicant should dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). A note should be placed on the face of the plat restricting direct lot access to Chinden Boulevard. Knights Park Drive: The applicant is proposing to construct a local commercial street, Knights Park Drive, that will connect Linder Road to Chinden Boulevard. Staff has been contacted by neighbors in Brandt Subdivision that are concerned about the location of Knights Park Drive. ACHD has recommended that Knights Park Drive intersect Linder Road as proposed by the applicant. Staff recommends that the Commission take into account any public testimony that may be provided regarding the location and design of Knights Park Drive, as it does come fairly close to the back side of the adjacent 1-acre properties. The applicant is proposing to construct detached sidewalks with 6-foot wide parkway strips between the curb and sidewalk along Knights Park Drive. UDC 11-3A-17 requires parkways to be at least eight feet wide and planted with Class II trees. However, the planter width may be reduced to six feet if there are root barriers installed on the trees. The applicant should either construct eight-foot wide parkways, or six-foot wide parkways with root barriers around all trees within the parkway. Because the applicant is proposing to limit access points to Knights Sky Drive, the applicant should provide a cross parking/cross access agreement for all of the TN-C and C-C zoned lots within the subdivision to use the driveways and parking aisles. Private Street: The applicant has submitted a private street application, proposing to construct two private streets in this development. Staff is generally supportive of the private streets for the mew lots, but not for Lots 29-32, Block 1 as they do not “front” on a mew as the other private street townhouse lots do (see required findings in Exhibit D below). The applicant should either modify the plat by ensuring that all lots that take access to a private street also have frontage on a mew (common open space that is at least 50-feet wide), or dedicate W. Castle Canyon Lane as a public street. The applicant is proposing to construct the private streets with a 33-foot wide street section (measured back of curbs) and sidewalks on both sides, within a 43-foot wide easement. Gates are prohibited on private streets (UDC 11-3F-4A4). Prior to signature of the final plat, the applicant should provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets (UDC 11-3F-3B4). The private street easements shall be depicted on the face of the final plat(s) (UDC 11-3F-3B3). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 13 Common Driveways: The applicant is proposing to use a common driveway for Lots 33-36, Block 1. Staff is generally supportive of the common driveway proposal. However, rather than flagging the buildable lots through the amenity pond, at least 10- feet of frontage for each lot should be provided using the common driveway easement (make the lots flag at a 90-degree angle to Knights Park Drive). UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the adjacent sidewalk. Further, UDC 11-3C-6 requires every single-family detached dwelling to have a two- car garage and a 20’ x 20’ parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. All of the lots adjacent to the common driveway should maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Comply with all common driveway provisions listed in UDC 11-6C-3D. Lots 23 and 28, Block 7: The applicant is proposing to create an irrigation easement that encroaches into buildable Lots 23 and 28, Block 7. Staff recommends that these lots be reconfigured to remove the easement from being within the buildable lots. Stub Streets: The applicant is not proposing any stub streets to any of the adjacent parcels. The ACHD is requiring the applicant to provide a public stub street to the three-acre parcel to the northwest. The ACHD is also requiring the applicant to provide access to the Chinden access, to the 13-acre parcel to the west. Staff believes that a stub to either the Aguirre or Petty property to the north should be provided as well. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development. According to Eagle’s Western Area Plan, the existing five-acre parcels to the north are eligible to re-develop with one-acre lots (see Section 6.4.1, Rim View Planning Area, City of Eagle Western Area Plan). Density: As mentioned earlier in the report there are existing rural size lots to the north and east of this site. To better transition from the five-acre lots to the north, staff recommends that at least one of the lots in the northwest corner of the development be removed. To provide a better transition between the subject development and the 5- acre lots to the north, staff recommends that all of the perimeter lots between Lot 18 and Lot 32, Block 7, maintain at least a 15,000 square-foot lot size. Micro-paths: The applicant is proposing to construct several micro-paths within this development. The micro-paths on Lots 1 and 42, Block 7, also serve as emergency access for emergency service providers. Therefore, the micro-paths/emergency access on Lots 1 and 42, Block 7, shall be improved with either grass-crete or asphalt at least 20-feet wide and constructed in accordance with the Meridian Fire Department’s requirements. All other micro-paths shall be constructed in accordance with UDC 11- 3A-8. Landscaping adjacent to all micro-paths should comply with UDC 11-3B. Amenities/Open Space: UDC 11-3G requires common open space and site amenities for developments of five acres or more. The applicant is proposing to set aside approximately 3.5 acres of common open space. Several micro-paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds are proposed within this development. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 14 Staff believes that the applicant has provided enough open space and amenities to comply with the UDC. However, details of the water features and the clubhouse are not provided on the landscape plan. Staff has concerns over stagnant water and these water features and ponds becoming mosquito breeding grounds. Therefore, staff requests that the applicant describe, at the public hearing, how the amenity ponds and clubhouse will be constructed, how the ponds will not become a nuisance for nearby property owners, and what the clubhouse and ponds will look like. Landscaping: The landscape plan prepared by The Land Group, Inc., on 1-4-06, labeled Sheets L1.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes:  Provide a 35-foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25-foot wide landscape buffer along Linder Road, an arterial street (UDC 11-2A). Provide a 10-foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN-C and C-C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11-3B-7C2b). All street buffers shall be designed in accordance with UDC 11- 3B-7.  Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro- paths.  Provide detailed pictures and/or drawings of how each water feature will be constructed.  Provide detailed elevations and/or pictures of how the clubhouse will look.  Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look.  Provide amenities and open space as proposed; 3.5 acres of common open space, several micro-paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds.  A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Fencing: The applicant is proposing to construct a six-foot wooden fence around the residential portion of this project. A mix of four-foot tall open-vision and solid fencing is proposed adjacent to micro-paths and interior common spaces. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. Almaden Acres & Brandt Subdivisions: Staff has received several letters from adjacent neighbors in Almaden Acres Subdivision to the north, and has talked with others in Brandt Subdivision to the north and east. The neighbors’ main concerns CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Knight Sky Estates Subdivision AZ-06-005/PP-06-004 PAGE 15 appear to be: the location and design of Knights Sky Drive; the 25-foot wide grass strip along the northern border of the project, and this becoming a nuisance; density; and a request for a six-foot tall vinyl fence along the northern boundary of the project. Staff recommends that the Commission review all letters received by the City regarding this project. Common Areas: Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners’ or Business Owners’ Associations. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with the entity providing water service to allow a single-point connection to the culinary water system. If a single-point connection to the City of Meridian’s water line is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject applications AZ-06- 005 and PP-06-004, with the conditions listed in Exhibit B of the Staff Report for the hearing date of April 6, 2006. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 1-3-06, Revised 1-27-06) 2. Landscape Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers’ Irrigation District C. Annexation and Zoning Legal Descriptions D. Required Findings from Zoning Ordinance CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A – Page 1 A. Drawings 1. Preliminary Plat (dated: 1-3-06, Revised 1-27-06) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A – Page 2 2. Landscape Plan (dated 1-4-06) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A – Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A – Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Exhibit A – Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 1 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT (PP-06-004) 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering Company, dated January 3, 2006 (revised 1-27-06) is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-005) application shall also be considered conditions of the Preliminary Plat (PP-06-004). No more than 126 residential lots are approved with this plat. 1.1.2 The landscape plan prepared by The Land Group, Inc., on 1-4-06, labeled Sheets L1.0, L1.1, L1.2 and L1.3, is approved with the following modifications/notes:  Provide a 35-foot wide landscape buffer along Chinden Boulevard, an entryway corridor, as proposed (UDC 11-2A). Provide a 25-foot wide landscape buffer along Linder Road, an arterial street (UDC 11-2A). Provide a 10-foot wide landscape buffer along both sides of Knights Park Drive abutting the future commercial (both TN-C and C-C) lots (UDC 11-2A). The landscape buffers along the streets shall be placed in common lots or in permanent easements, maintained by the property owners association (UDC 11-3B- 7C2b). All street buffers shall be designed in accordance with UDC 11-3B-7.  Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod.  Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site.  Provide landscaping in compliance with UDC 11-3B-12, adjacent to all micro-paths.  Provide detailed pictures and/or drawings of how each water feature will be constructed.  Provide detailed elevations and/or pictures of how the clubhouse will look.  Provide details of how the fountain area on the northwest corner of the Chinden/Linder intersection will look.  Provide amenities and open space as proposed; 3.5 acres of common open space, several micro-paths, a club house, a fountain at the Chinden/Linder intersection, brick pavers at the Chinden Boulevard access, and several water features and ponds.  A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 The applicant shall acquire a permit from ITD for the proposed public street access to Chinden Boulevard. Construct noise abatement in compliance with UDC 11-3H-4D and ITD’s design requirements adjacent to the residential uses on Chinden Boulevard. Dedicate right-of-way, in accordance with ITD’s requirements, to allow for future highway expansion (100-feet from centerline proposed). CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 2 1.1.4 The applicant shall construct a public street (Knights Park Drive) that connects Linder Road to Chinden Boulevard, as proposed. The applicant shall either construct 8-foot wide parkways, or 6- foot wide parkways with root barriers around all trees within any parkways with detached sidewalks. Direct lot access to Knights Park Drive shall be restricted as proposed; provide a cross parking/cross access agreement for all of the TN-C and C-C commercial lots within the subdivision to use the driveways and parking aisles. 1.1.5 Either modify the plat by ensuring that all lots that take access to a private street also have frontage on a mew (common open space that is at least 50-feet wide), or dedicate W. Castle Canyon Lane as a public street. Construct any and all private streets for the mew/townhouse lots, with 33-foot wide street sections (measured back of curbs) and sidewalks on both sides, within a 43-foot wide easement. Gates shall be prohibited on private streets. Prior to signature of the final plat, the applicant shall provide documentation of a binding contract that establishes who is responsible for the repair and maintenance of the private streets. The private street easements shall be depicted on the face of the final plat(s). Front and side setbacks for structures shall be measured from the adjacent sidewalk, not the property line. Design and construction of both of the private streets shall comply with UDC 11-3F4. 1.1.6 Construct a common driveway for Lots 33-36, Block 1. Provide at least 10-feet of frontage for each lot using the common driveway easement (make the lots flag at a 90-degree angle to Knights Park Drive). All of the lots adjacent to the common driveway shall maintain at least 10 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks, building envelopes, and orientation of the lots and structures that use the common driveway on the face of the final plat. Provide a two-car garage and a 20’ x 20’ parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C-3D. 1.1.7 Reconfigure Lots 23 and 28, Block 7, to remove the irrigation easement from being within the buildable lots. 1.1.8 Provide a public stub street to either the Aguirre or Petty property to the north. This will allow the lots within Almaden Acres access to Chinden Boulevard and the proposed community commercial uses in this development, when they re-develop. 1.1.9 Remove at least one of the lots in the northwest corner of the development. All of the perimeter lots between Lot 18 and Lot 32, Block 7, shall maintain at least a 15,000 square foot lot size. 1.1.10 All buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.11 The micro-paths on Lots 1 and 42, Block 7, shall also serve as emergency access for emergency service providers. The micro-paths/emergency access on Lots 1 and 42, Block 7, shall be constructed with grass-crete, or asphalt at least 20-feet wide, in accordance with the Meridian Fire Department’s requirements. All other micro-paths shall be constructed in accordance with UDC 11-3A-8. Landscaping adjacent to all micro-paths, including Lots 1 and 42, Block 7, shall comply with UDC 11-3B. 1.1.12 Provide a 6-foot tall solid fence along the entire boundary of this development, as proposed. A detailed fencing plan should be submitted upon application of the final plat. If permanent CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 3 fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro- path fencing shall be designed according to UDC 11-3A-7. 1.1.13 Maintenance of all common areas shall be the responsibility of the Knight Sky Estates Home Owners’ or Business Owners’ Association. 1.1.14 Place a note on the face of the final plat(s), stating that direct lot access to Chinden Boulevard and Linder Road is prohibited. 1.1.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Provide irrigation water to the Brandt Subdivision homeowners, where they want it to be delivered, as proposed. 1.1.16 Underground, pressurized irrigation must be provided to all lots within this development. 1.1.17 Prior to recordation of an annexation and zoning ordinance, provide revised legal descriptions for the TN-C and C-C zones, as described in the Development Agreement. 1.2 GENERAL REQUIREMENTS—PRELIMINARY PLAT (PP-06-004) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances, unless otherwise deemed an amenity. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff’s failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 4 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via a temporary lift station that will discharge sewer to mains in N. Long Lake Way. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer manholes shall be allowed in the landscape islands in the cul-de-sacs. If sewer mains are to be routed under the landscape islands in the cul-de-sacs then no trees shall be allowed in the landscape island. 2.3 Water service to this site is being proposed via extension of United Water mains located near to this site. If negotiations between the City of Meridian and United Water do not include United Water providing service to this property then the applicant shall be responsible for extending City of Meridian water mains to and through this development. The applicant would coordinate main size and routing with the Public Works Department. 2.4 Provide a 20' easement for all public sewer mains outside of the public right of way. The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. If the water system is to be via extension of the City of Meridian’s system then this condition shall apply to water mains as well. 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A “draft copy” of the operations and maintenance manual will be required prior to plan approval with the “final draft” being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, the applicant shall coordinate with jurisdiction providing water service to allow a single-point connection to the culinary water system. If a single-point connection to a City of Meridian water main is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit a recorded document that details who will own the private streets and how they will be maintained. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 5 Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed private streets will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.12 Street signs are to be in place, water system shall be approved and activated by the entity having jurisdiction over it, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.13 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.14 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.15 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.16 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 6 3. Fire Department 3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ½” outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be place 18” above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28’ inside and 48’ outside radius. 3.6 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and shall have a clear driving surface which is 20’ wide. A turnaround will be required if the length of the common driveway exceeds 150 feet. 3.7 For all Fire Lanes, provide signage “No Parking Fire Lane”. NO parking will be allowed around the parking in the cul-de-sacs. 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire lanes and streets shall have a vertical clearance of 13’6”. This includes mature landscaping. 3.10 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.11 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than ½ the diagonal measurement of the full development. The applicant shall provide access via the two micro-paths from Knights Park Drive to the north. 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20’ wide. Streets with less than CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 7 a 29’ street width shall have no parking. Streets with less than 33’ shall have parking only on one side. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.14 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.15 The proposed 126-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 365 residents at build out. 3.16 Maintain a separation of 5’ from the building to the dumpster enclosure for the commercial buildings. 3.17 Provide a Knox box entry system for the complex prior to occupancy. 3.18 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.19 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building. 3.20 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.21 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.22 There shall be a fire hydrant within 100’ of all Fire Department connections. 3.23 Buildings over 30’ in height are required to have access roads in accordance with Appendix D Section D105. 3.24 Pool chemicals shall be stored in compliance with the International Fire Code. 3.25 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 3.26 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).  For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).  For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 8 4.1 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 6.2 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. Ada County Highway District 7.1 Dedicate a total of 60-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. 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 owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way. NOTE: The right-of-way will taper beyond the intersection to the north. The applicant shall coordinate the taper length and total right-of-way needs with Development Review staff. 7.2 Construct a 5-foot detached concrete sidewalk abutting the site on Linder Road located a minimum of 53-feet from the centerline of the roadway. 7.3 Comply with the requirements of the Idaho Transportation Department for right-of-way, access, and improvements to Chinden Boulevard (US 20/26). All signal modifications including relocation of utilities and irrigation at the intersection of Long Lake Way and Chinden Boulevard, will be the responsibility of this applicant. 7.4 Construct Knights Park Drive, the frontage road paralleling Chinden Boulevard, as a 40-foot commercial street section with vertical curb, gutter, and 5-foot detached sidewalks. Provide a minimum 21-foot street section on each side of the proposed center islands. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 9 7.5 Construct the internal residential roadways as 33-foot street sections (or 34-feet if required by the Meridian Fire Department) with rolled curb, gutter, and 5-foot concrete sidewalks. The applicant shall obtain Fire Department approval for the reduced street width. 7.6 Construct the proposed private streets in accordance with the standards set forth by the City of Meridian. The private streets shall be required to meet the minimum offset standard of 125-feet centerline to centerline at their intersections with the public street system. 7.7 Construct a local stub street to the 2.99-acre out-parcel that is currently undeveloped and is located at the northwest corner of the development. Install a sign at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 7.8 Construct a stub street to the Spurwing property to the west. This stub street shoall intersect the entrance road, Long Lake Way, without changing the current configuration of that entrance road. 7.9 Construct the entrance road on Linder Road, Knights Park Drive, approximately 550-feet north of Chinden Boulevard (centerline to centerline). Construct a left turn bay on Linder Road for vehicles entering the site at Knights Park Drive, in accordance with the submitted Traffic Impact Study. The curb radii shall be 30 feet or greater to accommodate right turning traffic at the site entrance. 7.10 Locate the commercial driveways along Knights Park Drive, at the shared property lines of the commercial lots, as proposed. The driveways are restricted to a maximum width of 36-feet. 7.11 Construct the residential turnarounds to provide a minimum turning radius of 45-feet. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall coordinate with District Development Review and Traffic Services staff on the design of the parking within the center islands within the turnarounds. 7.12 Vacate or exchange the 25-foot wide un-opened roadway easement along the site’s north property line through a separate public hearing process. 7.13 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road and shall be noted on the final plat. 7.14 Comply with all Standard Conditions of Approval. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit B – Page 10 8.4 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 storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 9. Settlers’ Irrigation District 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough Lateral (40’ easement), and the Almaden Lateral. Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved the SID Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply pressure irrigation access to all lots within the above mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 1 C. Annexation and Zoning Legal Descriptions CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit C – Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit D – Page 1 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds that the proposed zoning designations of R-4, TN-C and C-C comply with the Comprehensive Plan and recently amended Future Land Use Map. Council finds that the proposed map amendment is in general compliance with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of TN-C and C-C. If the applicant complies with the conditions outlined in the development agreement, and receives design review approval for the future buildings, Council finds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat and proposed development agreement, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The R-4, TN-C and C-C zoning amendments will provide both residential and commercial uses in this area. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City’s Comprehensive Plan. In accordance with the findings listed above, Council finds that Annexation and Zoning of this property to R-4, TN-C and C-C would be in the best interest of the City. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit D – Page 2 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designations for this property as shown on the Future Land Use Map. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission and Council should rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 2, 2006 Exhibit D – Page 3 3. Private Street Findings: 1. The Design of the private street meets the requirements of this Article; Council finds that the design of the private streets meets the standards as set forth in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed, and comply with the UDC. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds that the use and location of the proposed private streets will not conflict with the comprehensive plan or the regional transportation plan. ACHD has reviewed the private street request and is supportive.