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HomeMy WebLinkAboutZ - Approved FFCL CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��(IEFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for Preliminary Plat Consisting of 41 Single-Family/Townhome Residential Building Lots,One(1)Multi-Family Building lots,One(1) Commercial Building Lot and Seven(7) Common Lots on 8.80-Acres of Land in the R-15 and C-C Zoning Districts for Lennon Pointe Subdivision,by Rodney Evans+Partners,LLC. Case No(s).H-2024-0060 For the City Council Hearing Dates of. January 21, and February 4,2025 (Findings on February 18,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 4, 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 4,2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 4, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 4,2025,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 4,2025, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 4,2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 -2- takings analysis. G. Attached: Staff Report for the hearing date of February 4, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 -3- By action of the City Council at its regular meeting held on the 18th day of February_,2025. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-18-2025 Attest: Chris Johnson 2-18-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-18-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING February 4,2025 Legend - 0 A 0 DATE: Continued from: 112112025 UProject Location TO: Mayor&City Council n ® HE FROM: Sonya Allen,Associate Planner - - - 208-884-5533 �o d � l SUBJECT: H-2024-0060 , i Ham- Lennon Pointe—PP, PS so " �F' LOCATION: 1515 W.Ustick Road, at the southeast corner of N. Linder Rd. and W.Ustick Rd.,in the NW 1/4 of Section 1, T.3N.1 RAW. (Parcel#S1201223115) EE FR, I. PROJECT DESCRIPTION Preliminary Plat consisting of 41 single-family/townhome residential building lots, one(1)multi- family building lots, one (1)commercial building lot and seven(7) common lots on 8.80-acres of land in the R-15 and C-C zoning districts. Approval of private streets in a portion of the project is also proposed. This application is reviewed and approved by the Director; Commission and Council action is not required. Note:A Development Agreement(DA) exists for this property that requires future development to be consistent with the previously approved plans for this site, including the preliminary plat, which was for the same lot configuration as proposed but with one (1) less lot. The previous preliminary plat expired on March 8, 2024.A time extension was not requested prior to the expiration date; therefore, a new preliminary plat application is required. The only changes to the plans are those required with the previous application and due to updates to the UDC since the previous submittal. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 8-80-acres Future Land Use Designation Mixed Use Community(MU-C) Existing Land Use(s) Single-family rural residential/agricultural Proposed Land Use(s) Residential(single-family attached and detached homes,townhomes, and multi-family apartments)and commercial Lots(#and type;bldg./common) 41 single-family&townhome, 1 multi-family residential, 1 commercial and 7 common lots Pagel Description Details Phasing Plan(#of phases) 1 Number of Residential Units 59 residential units(3 single-family detached,30 single-family attached, (type of units) 8 townhome and 18 multi-family apartment units) Density Gross—7.35 du/ac.;Net— 18.55 du/ac. Open Space(acres,total 1.33-acres(or 19.07%)of qualified open space [%]/buffer/qualified) Amenities Dog park,(2)dog waste stations,playground,pedestrianibicycle circulation system with landscaping,multi-se pathway and(5)bicycle storage Physical Features(waterways, The Creason Lateral crosses the southwest corner of this site and the hazards,flood plain,hillside) Kellogg Drain crosses the southern portion of the site.Floodplain exists over a majority of the site. Neighborhood meeting date 10/7/24 History(previous approvals) H-2021-0071 (AZ,PP,CUP,PS—DA Inst.#2022-041093),ESMT- 2023-0098,FP-2023-0004 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Access One(1)full access is proposed via N.Linder Rd. and one(1)right-in/right-out access is (Arterial/Collectors/State proposed via W.Ustick Rd.,both arterial streets;access is also proposed via the Hwy/Local)(Existing and extension&connection of W.Pebblestone Dr and N.Zion Park Ave.,both existing Proposed) local streets stubbed to this property.Private Streets are also proposed internally for access and addressing purposes. Traffic Level of Service Linder Road—Better than`E" Ustick Road—Better than"E" (Acceptable level of service is"E") Stub Two local stub streets exist to the east(W.Pebblestone Dr.)and south(N.Zion Park Street/Interconnectivity/Cross Ave.)property boundaries that are proposed to be extended and connect into one street. Access Internal private streets are proposed for access and addressing purposes,which will connect to the extended local streets. Access to the commercial property at the northwest corner of the site is proposed via drive aisle connections to the proposed private street and the multi-family drive aisle. Access to the multi-family units is proposed via a drive aisle. Existing Road Network Internal road network is not existing. T Existing Arterial Sidewalks/ There is existing 7-foot wide attached sidewalks along Linder&Ustick Roads. Street Buffers buffers will be installed with development of this project. Proposed Road Improvements Capital Improvements Plan (CIP)l Integrated Five Year Work Plan(IFYWP): • Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry Lane in the future with the design year of 2025. • Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Linder Road to Ten Mile Road in 2025. • Linder Road is listed in the CIP to be widened to 3-lanes from Ustick Road to Cherry Lane between 2036 and 2040. • Ustick Road is listed in the CIP to be widened to 5-lanes from Linder Road to Ten Mile Road between 2021 and 2025. Note:Linder&Ustick Roads have already been widened to 5-lanes adjacent to this site. Page 2 Description Details Fire Service (Comments received from FD on previous application) • Distance to Fire 1.5 miles from Fire Station#2 Station • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#2 reliability is 85%. • Risk Identification Risk Factor 4—commercial with hazards(multi-family waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds;Fire has signed off on Private Street layout. Addressing for project is very important for emergency responses;Applicant shall work with City Addressing Agent and the Fire Official to have lighted maps wherever necessary. Police Service Comments received from PD on previous application) • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximate 4-minute response time to an emergency. West Ada School District See school impact table in the Agency Comments folder in the project file. Enrollment in area schools is under capacity based on 2023-2024 enrollment numbers. Wastewater • Distance to sewer services Directly adjacent • Project consistent with Yes wastewater master plan/facility plan? • Impacts/concerns Flow is committed; see Public Works Site Specific Conditions Water • Distance to water services Directly adjacent • Project consistent with Yes water master plan? • Impacts/concerns See Public Works Site Specific Conditions C. Project Area Maps Future Land Use Map Aerial Map Q Legend 0 Legend nr' MCI � Pro}ect Lacai�arEHEI Prot' Lce❑�or e I 'id3e1 ti�rt FHT�ffl mu vn -r 7}�rJ�.stt . --- ®C3 HIE = Page 3 Zoning Map Planned Development Map cc cc Legend R-4 legend Pro' t Locai�an Wo Jtjp'-'J--f Laoainan Wo k �R�41 i-i City Limit _ RUT R-$ — Planned Parcels Ru : — 1 R_15 - . ■ L- . E �R .A • UlmRU UT F RUT III. APPLICANT INFORMATION A. Applicant: Benjamin Semple, Rodney Evans+Partners,LLC— 1450 W. Bannock St.,Boise, ID 83702 B. Owner: Lane Development,LLC—PO Box 608, Eagle,ID 83616 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 12/3/2024 Radius notification mailed to properties within 500 feet 12/19/2024 Site Posting 12/9/2024 Nextdoor posting 11/26/2024 V. STAFF ANALYSIS A. Comprehensive Plan(ht(ps://www.meridiancity.org/compplan) The subject property is designated as Mixed Use—Community(MU-C) on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential,and to avoid mainly single-use and strip commercial type buildings. Page 4 Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional(MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject property was annexed in 2021 with R-15 and C-C zoning districts and approved through a Development Agreement(DA) to develop with a mix of single family residential detached and attached homes, townhomes, multi family apartments and commercial uses as proposed with this application consistent with the MU-C designation. The proposed preliminary plat layout coincides with that previously approved for this property in accord with the DA and accommodates the site development plan included in the DA. The larger MU-C area is all developed except for the 4.6-acre property kitty corner to this site at the northwest corner of Linder& Ustick Roads, which consists of vacant land; office uses exist to the north across Ustick Rd. on a 4-acre parcel and an Ada County Emergency Medical Services center exists to the west across Linder Rd. on a 1.6-acre parcel. Overall, Staff finds the proposed site design does integrate the project and proposed uses in appropriate manners. Specifically, the Applicant has proposed their multi family residential product along Ustick and the commercial buildings at the hard corner of the Ustick and Linder intersection which places the most intense uses closest to the arterials. Therefore, the single- family uses are proposed on the remaining area of the site that makes up approximately 70%of the site area. The single-family portion of the site is as proposed to be 2-stories in height and the townhomes are proposed to be 3-stories in height. Because of the proposed transitional density and placement of the proposed uses, this project is generally consistent with the concept diagrams in the City's Comprehensive Plan for mixed-use designations. Therefore,Staff finds the proposed project to be generally consistent with the MU-C designation. B. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01G). This project proposes a mix of residential housing types and commercial land uses in one development.All of the housing types in this area are detached single-family homes; therefore, the additional housing types will contribute to the variety of housing types available in this area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices" (3.07.01A). The proposed site design incorporates mews,private streets, an extension ofpublic streets, common open space, and different land uses within the same project area. Staff finds the proposed site design is compatible with adjacent uses through transitional density, buffering, and overall design. • "Establish and maintain levels of service for public facilities and services,including water, sewer,police,transportation, schools,fire,and parks"(3.02.01G). All public utilities are available for this project site due to existing facilities abutting the site. This project also lies within the Fire Department response time goal of 5 minutes. Linder and Ustick Roads are currently built at their ultimate anticipated widths directly abutting the site. Page 5 • "Preserve,protect, and provide open space for recreation,conservation, and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the minimum UDC standards for such.A large common area is proposed at the southwest corner of the site where the irrigation facilities and their easements lie.Additionally, there is a mew running north-south through the center of the development for the attached single-family units to front on green space rather than the road network, which adds a more livable component to the project. Other areas of open space are also proposed along the west boundary as a buffer from Linder Rd. as well as a dog park. All of the open space areas are accessible through pedestrian facilities that connect throughout the entire site. Staff supports the proposed open space areas and anticipates they will provide recreation, conservation, and add to the aesthetics of the project. • "Establish distinct,engaging identities within commercial and mixed-use centers through design standards."(2.09.03A). As discussed above, the proposed project offers a distinct set of uses and design that are currently not available nearby. The site plan included in the DA for this project incorporates two (2) commercial buildings at the northwest corner of the site with a shared plaza for use by the residents and future business patrons. This is a desired aspect of mixed-use areas that helps engage the commercial buildings with the residential component of a project. Additionally, in accord with the submitted elevations and site renderings, the Applicant is proposing distinct architecture for the project that creates a specific identity for this development and corner property. In addition to general Comprehensive Plan policies,projects in mixed-use areas should also aim to meet the mixed-use policies. Rather than list them all in this report, Staff has analyzed the project against them and finds the project to be consistent with a majority of those policies outlined in the mixed-use area of the Comprehensive Plan here. Therefore, Staff finds this development to be generally consistent with the Comprehensive Plan and a majority of the mixed use policies. C. Existing Structures/Site Improvements: There is an existing single-family detached home and accessory buildings on this property. All existing structures are required to be removed prior to the City Engineer's signature on the final plat for this property. There are existing sidewalks along Linder and Ustick Roads that will remain; care should be taken during construction to not damage these walkways. D. Proposed Use Analysis: A preliminary plat is proposed consisting of 41 single-family/townhome residential building lots, one(1)multi-family building lot for the development of 18 apartment units,one(1)commercial building lot for two (2)building pads and(7) common lots on 8.80-acres of land in the R-15 and C-C zoning districts. The plat is proposed to develop in one (1)final plat phase. A mix of residential housing types are proposed on 7.28-acres of land in the R-15 district consisting of three (3) single-family detached units, 30 single-family attached units, 8 townhome units and 18 multi-family apartment units. The proposed single-family and townhome uses are principally permitted in the R-15 zoning district;the multi-family residential use is a conditional use in R-15 zoning district per UDC Table 11-2A-2 and will require future approval of a conditional use permit(CUP); compliance with the specific use standards listed in UDC 11-4-3- Page 6 27 is also required.Previous CUP approval was granted but has since expired as a time extension was not requested prior to the expiration date. The commercial portion of the site consists of two (2)building pads totaling 12,000 square feet at the northwest corner of the site at the Linder/Ustick intersection on 1.47 acres in the C-C district. Tenants are unknown at this time,but the site plan included in the DA shows the larger building at the hard corner with a drive-through on the east side,and the smaller building along the south boundary of the C-C area adjacent to a shared plaza. If a drive-through is proposed in the future, it will require approval of a Conditional Use Permit(CUP) as it's within 300-feet of a residential use and district. See UDC Table 11-213-2 for allowed uses in the C-C zoning district. Commercial buildings require Certificate of Zoning Compliance(CZC) and Design Review application approval; compliance with UDC development standards will be evaluated at that time. E. Dimensional Standards(UDC 11-2): Development in the R-15 district should comply with the standards listed in UDC Table 11-2A-7. All of the residential building lots comply with the minimum property size standard;there is no minimum street frontage required in the R-15 district. Building setbacks and heights should comply with the standards listed. Development in the C-C district should comply with the standards listed in UDC Table 11-213-3. There is no minimum lot size or street frontage requirement in the C-C district,nor are there minimum front,rear or interior side setback requirements. Buildings may not encroach in required street buffers or buffers to residential uses. Buildings should not exceed the maximum height standard of 50-feet. F. Subdivision Design&Improvement Standards(11-6C-3): All subdivisions are required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. A common driveway is proposed on Lot 13 off N. Zion Park Ave., a local street, for access to the single-family homes proposed on Lots 14-16,Block 2 at the southeast corner of the site as shown in the exhibit in Section VII.0 below. The driveway complies with the standards for such listed in UDC 11-6C-3D pertaining to maximum number of dwelling units to be served by the driveway and the number of units located on one side of the driveway, and the minimum width and maximum length standards. The exhibit depicts the proposed building envelopes with building setbacks—the side,rear and front setback to living area comply with the standards but the front setback to garage is below the minimum 20-foot standard—a portion of the 20-feet is depicted on the adjacent common lot where the common driveway is located. The plat should be revised to reflect wider building lots to accommodate the front setback to garage on the building lot so that parking pads in front of garages are on privately owned lots rather than common lots. A minimum 20-foot wide perpetual ingress/egress easement should also be depicted on Lot 13 for the common driveway(or the driveway may be placed in a separate common lot), and a plat note should be included for the easement,which requires maintenance of a paved surface capable of supporting fire vehicles and equipment. Street names should be included on the plat in accord with the names approved by the Ada County Street Name Review Committee in the final approval letter included in Section VILG below. G. Access(UDC 11-3A-3, 11-3H-4)&Private Streets (UDC 11-3F-4): One(1)full access is proposed via N. Linder Rd., an arterial street,which may be restricted to a right-in/right-out if warranted by ACHD in the future; and one(1)access is proposed via W. Ustick Rd., an arterial street,which is restricted by"candles"in the center median to right- Page 7 in/right-out.Access is also proposed via the extension and connection of W. Pebblestone Dr at the east boundary of the site and N. Zion Park Ave. at the south boundary of the site,both existing local streets stubbed to this property.A Traffic Impact Study(TIS)was not required as less than 100 residential units are proposed. An emergency access exhibit was submitted,included in Section VII.F,that has been approved by the Fire Dept. An ingress-egress easement should be provided on the plat across Lots 2 and 3, Block 1 rg anting access to all lots in the subdivision. Twenty-six(26) foot wide private streets are proposed on Lot 4, Block 1 for addressing purposes and for access to/from the single-family attached and townhome units on the western portion of the site. Because the lot is wider than the actual easement for the private streets,the easements should be depicted on the lot to delineate the location of the private streets. Connection points are proposed via the local street(W. Pebblestone Dr./N. Zion Park Ave.)on the eastern portion of the site. The proposed development incorporates a mew in accord with the purpose statement for private streets; a gated development is not proposed. The private street should be a loop off the local street and should not extend to the west of N.W. 15th Ln. along the north side of Lot 11,Block 1; Lot 4,Block 1 should terminate on the west side of N.W. 15th Ln.A cross-section of the proposed private streets is included below and in Section VII.B,which demonstrates compliance with the standards for private streets listed in UDC 11-3F-4.Five-foot wide sidewalks are proposed along private streets. The proposed private streets shall comply with the construction standards listed in UDC 11-3F-4B.2. An ingress/egress/cross-access easement shall be depicted on the plat granting access to all lots in the subdivision to use the private streets on Lot 4,Block 1.All drive aisles/private streets shall be posted as fire lanes with no parking allowed as set forth in UDC 11-3F-4B.2d.In addition,if a curb exists next to the drive aisle,it shall be painted red. RIGHT-OF-WAY WIDTH=3UFT 5'WIDTH S WIDTH SIDEWALK STREET WIDTH BACK OF CURB TO BACK of CURB=26FT SIDEWALK �• CENTER CROWN BETWEEN CURBS L%MAXI 296 2% 96 7MAR w w z 1 � � PRIVATE ROAD SECTION SCAIF-VM A maintenance agreement was submitted for the proposed private streets,included in the project file,which appears to only require property owners of single-family and townhome lots to pay for maintenance costs associated with the private streets within the development, which all lots,including the commercial and multi-family development,will be using. Because this would place and undue hardship on residential lot owners, Staff recommends the maintenance agreement is amended to include proportionate cost-share for maintenance of the private streets between all lots within the subdivision. Page 8 The driveway via Linder Rd. for the commercial portion of the development and the drive north of Lot 11,Block 1 between the townhomes and commercial lot should include a cross- access/ingress/egress easement for all lots within the subdivision to use these driveways. Note:Staff is only supportive of the proposed layout with the private streets because of the previous development approved and entitled to develop on this site, which included private streets in the proposed layout. The proposed site layout with both commercial and residential uses utilizing the private streets places an undue burden on the homeowners in Staffs opinion and should not be supported in the future. H. Pathways (UDC 11-3A-8): A 10-foot wide multi-use pathway is required along the Creason Lateral in the southwest corner of the property,which will provide a connection between the existing pathway to the south and the sidewalk/pathway along Linder Rd. in accord with the Pathways Master Plan. A public use easement(ESMT-2023-0098)was previously recorded for the multi-use pathway on this site in conjunction with the previous development application;however,the Park's Dept. requested this easement be vacated and a new easement recorded in a new location,which is currently in process(ESMT-2024-0165). The easement should be graphically depicted on the plat along with a reference to the recorded instrument number of the easement.The landscape plan depicts the correct location of the pathway. Internal pedestrian pathways are also proposed for access through common areas within the site and for interconnectivity between residential and commercial uses in accord with development guidelines for mixed-use developments. I. Sidewalks(UDC 11-3A-17): A 7-foot wide attached sidewalk exists along Linder and Ustick Roads abutting the site. Because these sidewalks were recently constructed with the associated road widening projects and are in good condition, Staff does not recommend they're reconstructed as detached sidewalks as typically required by UDC I I-3A-17. In consideration of pedestrian safety as well as traffic calming for the site,the DA requires all pedestrian crossings that cross the private street and any drive aisle be constructed with brick pavers, stamped concrete, or equal, as outlined in UDC I I-3A-I9B.4b. J. Landscaping(UDC I1-3B): A 25-foot wide street buffer is required adjacent to N. Linder Road and W. Ustick Road,both arterial streets,measured from the back of the attached sidewalk,with landscaping per the standards listed in UDC 11-313-7C. A 25-foot wide common lot is depicted on the plat adjacent to both streets;however,the southern portion of the buffer along Linder cannot accommodate trees in the common lot due to the location of the Calkins Lateral easement. The UDC(11-3B-7C.lb) states that where the buffer is encumbered by easements or other restrictions that the buffer area shall include a minimum 5-foot wide area for planting shrubs and trees outside of the easement. The landscape plan depicts trees outside of the easement area as required. Lawn and other grasses requiring regular mowing shall comprise no more than 65% of the vegetated coverage of the buffer; all other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover as set forth in UDC 11-3B-7C.3e.Also, because the buffers were counted toward qualified open space,enhanced buffers are required per the standards in UDC 11-3G-3B.3 and 11-3B-7C.3f.Revisions shall be made to the landscape plan to comply with these standards. Page 9 Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C,which include a mix of trees and shrubs along with lawn or other vegetative groundcover. Landscaping is depicted on the landscape plan in accord with UDC standards. A portion of the multi-use pathway lies within the easement for the Kellogg Drain,which prohibits trees—trees are placed outside of the easement area. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-5B.3,which requires one (1)tree per 5,000 square feet of area with a variety of trees, shrubs, lawn,or other vegetative groundcover. The calculation table on the landscape plan should be updated to reflect compliance with this standard; the calculations included on the plan are not up to date with current standards. The proposed C-C zoning district requires a minimum 25-foot landscape buffer to a residential zoning district,landscaped per the standards listed in UDC 11-313-9C.This buffer is not required with the subdivision improvements but will be required with development of the C-C zoned lot. The buffer depicted on the landscape plan is below the required minimum width; the previous development application for this site proposed 10- feet on the C-C zoned property and 10-feet on the R-15 zoned property with the requirement of an additional 5-feet to be provided. Staff is amenable with this request if still proposed because it's a mixed-use development,provided a dense landscape buffer consisting of a mix of evergreen and deciduous trees,shrubs,lawn,or other vegetative groundcover is provided that allows trees to touch within five(5)years of planting as set forth in UDC 11-313-9C. K. Waterways(UDC The subject property contains two major waterways,the Creason Lateral and the Kellogg Drain, that encompass area on the south and southwest portions of the site. The Applicant proposes to pipe the Kellogg Drain and re-route it further to the south to make more area of the site usable as well as provide open space and pathways in the southwest corner of the site and along the west boundary. Both waterways are proposed to be piped in accord with UDC 11-3A-6 to provide more usable open space area for the site. The easements for such are depicted on the plat. The easement should also be clearly depicted on the landscape plan to ensure no trees are located within the easement. A majority of the site is in the floodplain in zones AE &X,which will require a floodplain development permit before any site work begins. L. Qualified Open Space (UDC 11-3G): A minimum of 15%qualified open space meeting the standards listed in UDC 11-3G-3 is required for the single-family and townhome portion of the development.Analysis on the open space area associated with the multi-family portion will take place with the future CUP application. Based on 6.96-acres,a minimum of 1.05-acres of qualified open space is required;the open space exhibit submitted with this application,included below in Section VII.E, depicts a total of 1.33- acres(or 19.07%). Proposed open space consists of linear open space exceeding 20' x 50' in area with an access at each end improved with landscaping,open grassy areas exceeding 5,000 square feet in area, 50%of the arterial street buffers along Linder&Ustick Roads, stormwater retention facility,and a plaza with a minimum dimension of 20' in all directions,which meets and exceeds UDC standards. In order to count toward the qualified open space requirement,the arterial street buffers are required to comply with the enhanced buffer requirements listed in UDC 11-3G-3B.3; Page 10 stormwater detention facilities are required to be designed in accord with UDC 11-3B-11 Stormwater Integration(gravel, rock, sand,or cobble stormwater facilities are not permitted on the surface of required landscape areas,unless designed as a dry creek bed or other design feature); and the plaza is required to be design in accord with the standards in UDC 11-3G-3B.1d,which requires hardscape, seating,lighting in accord with UDC 11-3A- 11 and landscaping. M. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(8.75 acres), site amenities totaling a minimum of two(2) points are required to be provided per the standards listed in UDC 11-3G-4. The applicant proposes amenities consisting of a dog park with a dog wash station(2 points),two (2)dog waste stations(1 point), a tot lot with commercial grade play equipment(1 point),a short segment of multi-use pathway, internal pedestrian/bicycle circulation system with landscaping and(5)bicycle storage exceeding the minimum standards. The dog park,dog waste stations and tot lot should comply with the associated standards for such in UDC 11-3G-4C included below; the landscape plan(or a detail) submitted with the final plat application should demonstrate compliance with these standards. The dog park should include bags for dog waste disposal, a double entrance gate,benches and fencing to enclose a minimum of 5,000 square feet and secured open space for an off- leash dog park.The waste stations should be an installed in the ground fixture with waste disposal bags and trash receptacle.The tot lot should have commercial grade play equipment scaled and designed for the use and safety of younger children; benches for seating should be nearby. N. Fencing(UDC 11-3A-6, 11-3A-7): Fencing is proposed as shown on the landscape plan.All fencing is required to comply with the standards listed in UDC 11-3A-7.A separate fencing plan was submitted as shown in Section VII.I,that complies with UDC standards. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations and renderings were submitted with this application,included in Section VII.H below,that are generally consistent with those approved with the previous development application and included in the DA. An administrative design view application is required to be submitted for all structures on the site except for the single-family detached structures. The final design is required to comply with the design standards in the ASM and the conceptual elevations included in the DA. A Certificate of Zoning Compliance(CZC) application is required to be submitted for the multi- family residential and commercial portions of the development,which should be submitted concurrently with the design review application. VI. DECISION A. Staff: Staff recommends approval of the proposed preliminary plat application per the Findings in Section IX of this staff report. The Director tentatively approved the private street application. B. Commission: The Meridian Planning&Zoning Commission heard these items on December 19,2024. At the public hearing,the Commission moved to recommend approval of the subject PP request. Page 11 1. Summary of Commission public hearing_ a. In favor: Ben Semple,Rodney Evans+Partners b. In opposition: None C. Commenting: Joy Furlipa d. Written testimony: Ben Semple,Rodney Evans+Partners(in agreement with the staff report conditions) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Concern with traffic stacking in front of the driveway access via Ustick Rd.preventing vehicles from exiting the site—requests a painted"square"is placed in that area to prevent stacking in that area to enable access out of the site. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. At Staff s request,include a condition requiring a�gre�gress easement to be depicted on the plat across Lots 2 and 3,Block 1 granting access to all lots in the subdivision. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: The Meridian City Council continued this item from January 215i to the February 4t1'.2025 hearing. At the public hearing on February 4',the Council moved to approve the subject PP rem 1. Summary of the City Council public hearing: a. In favor: Ben Semple,Rodney Evans+Partners b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony. a. None 3. Key issue(s)of discussion by City Council: a. None 4. City, Council change(s)to Commission recommendation: a. None Page 12 VII. EXHIBITS A. Preliminary Plat(dated: 10/25/24) li'$! ��fti� s` �� N0151A1fl8nsa[b ..• N s 31NIOd NONN3� G r a �Epp{ s R Ufa sF i€s; a # ➢ ' x ; eI 11P1� �$$IN 1 gf4a !1� d9 da4 9�",T � 9i d �p 3I I R x I� i a.Y �s_a . 5 n ose�A�r s[ n rccl nz ail -,wec a.Y , o�4�uol �l •a� iI 6 9� I; oiG iI�liIll a� ;I�a iI�iIl aj9-1;•j9a•ilil o� It�o i,�iqi ��i i�i-eja a ii IW ii I.•' �� I `�� I `�� � � \ I— J v �N E•� � � -s y I I i IF, Al o oIIC pI10�011p A xa sI zr , r PL ti r l: R nw[ia�smn JF ' J h j J ! e e$1 gEy Page 13 NO IS IA cons will J� I , � I " I I • I I , ! I I A� IN Q < t• I _ � I � I `a I I °a I dd�f++ r'' I I I '—I" j e� �y I I ` �� i � •�� I o a33o oII,� �IlO .alla .ollo � � � '�I '� I I I � l ii I p•ifh� 'I Ili 7T, (� + /� Ilr�1 nn Ilp �� /3/ i .• !� 'Cl IIv G II� ' I 3 3 3 3 3 3 3 3 3 3 1 9 � ¢ Page 14 B. Private Street Cross-Section(dated: 4/19/23) Moe rnsem'�iae ZVlV1 30 1IN0 � 9wain%Qo u&Ls@M �� "-LUNCONM E-M M (KM95NI1lM9NOO NMMJs M NOISIA109115 e, MNIOd NONN3l V V yyy g�jy .- � 0 au�Na awn N,u � ¢ 9a �y9 V F2 In H V) �d ig 6 � yard aawanwnas yaw wao w g � Page 15 C. Common Driveway Exhibit x " a sy� r , � � YJv 9J�'itiV3a C> I r I I of m I lr � 3nlaa r+ow603 w063 I x.OVB135 30VAVO bi"OZ f �a woa� R NOv9135 3DV aV0,I b I[ x VJ1135 Oad,,1MOaQ,IC L6 4 of `I Caniaa NOwwo�.oz N L I I a:o 0 a r > r _0 1 r s x�Q y � r r r II N m W U X/� r LU T r r ! Q j IN _. ,'� J N NJtlg135�Jb3a ,ZL ry O3 OLD' Ss" �i- ���� �ii a-p.•y �i,r. -i�u i�ii��,i4�i� Page 16 D. Landscape Plan(dated: 10/11/2024) dnl MD soeesa+•35ba �,LUJ 15NQ3 W3LEM ma'eoR mns'Aw Ivu3md 5 use 0,11d•swab DHLL1MMW NWRLS" 31 NDd NONN31 4 5 R ! 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Open Space Exhibit(date: 10/11/2024) &Amenity Detail la i d �y. ,1 ❑ � 0� 9 S �� ❑ @ 1 f i g G] 11 z r W 4 N g � a W ¢ D w Ir a �dF�.M1LL w J S. m c{xi Qu zOu) Z F m Z O N K N O e' ❑ U [J� UW � g G a V KV H K N�. Ir��l S��f'•�.20 t}t q 0 LZ-1 FF 2 pZp O Q q 0 LL N n N J - WW Z a ❑ J yKy y O z V a O W i Q 4 9 a Q w (D W 4 L J W r,] a s y G p{"2 0 7 F w a r1~1'0 6 Cp waf 0- ❑ ¢W`."' Z W IWJLL_ -W N�m5w G J Ll W ❑ Dymoaxc Z wi a3cm7 �u a H w O ti o 0 W J L.L Oo�O p LL a xFo 3 gc gai C) r10 =�`�w❑ J ow Q Q oaaV ❑ r D g d O :i LJ i rc d Z U U 2121 rc a Do I� o - l \ ' ❑ ill r m s 4 X � I � W s d --� fh e m Lu o — - '0�J JEGNII 'N x (7 u w ❑ u m ¢ Page 23 �► iiii .I i F. Emergency Access Exhibit X313NI HV Id o00 WL£6ol'35IO8 1N3W3AOVdW1 Awavou 4 DNUIMW Ul-'M 1S)IDDNNY9-M ZRVI • '.Tlld'drwav�uuv�sNoo ur�saM NOISIAIGU 1S () y 31NI0d NONN3l g G 6 w 0 W -- ' L: W I i i �K • NJ- VfilVlll-`.I VWIiI- - - - -- F W W •—_ _—S V-IJ3TICK ENTRANCEY . LU 2 W N Nwissin err N� i � � 1 IL WPE89LESra'NE Lx left/ _:' �•z -_—__�_ _ __ v N LINDER RDA ' I Page 25 G. Street Names Approved by the Ada County Street Name Review Committee >r eve MUM.I.�,wis� -t!.9 A s _� ytit0 all j _ 4444JJJJ {� 10 14 f ea {0 , fit v - N 1 �✓ t �p 11 € � 50'�E9 M,54,E4A06 9tl�a a re-n a . n<e �+¢ a a } nr a°r. $ •c ua 18 T RRR€.Sa t I 171 1 i ..�6i �, Q ! 0 0 ! 0 8 (9 0 ! O O,IO [V 1 ' oe'ae .oece oerer ,[o.aar[ eaoe neea .ee a¢ o� 1 [su _ [Ow �110na)-3AY NwwV N412-N O a it knz s of � I I I I I s s •� �n� . a s k x mu ME rq I ❑� m.x mz¢ arz¢ m.[ mu ma .mlc ,,°—„/ 3 $ Qa H15TMN 0 m Z a ak R� 0 � oow a ,95'SLS M.EO.[0 AON ��? ro� xlana r R - —aaonln•rr� ,EP9[9i x .. ,6Z'669Z M.EO.I9.dON ����S:,rVlatr39 MiO SrSVU Page 26 H. Conceptual Building Elevations See the project file for renderings of the proposed structures (https:llweblink.meridianciV.oLglWebLink/Browse.aspx?id=367303&dbid=0&repo=MeridianQ 8 # AMMMUT �.ALa•.� - j{r d d v F F I I I I I I. 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': :: : I�I�I�I���II���I�I��I�I�I�I�I��� :..II. ■- IIIII- IIIIIIIIIII II.�I. ������ II: — II::■ ■■■ ..■ ;III i'�II. —_•n■■■ IIIII'll: iil::■ ■■■ ■■—■::I� r�' II11�'�I - IIIIIIIIIII _ IIIIIII';;;, III: �� IIIIIIIIII i � — I� ton 55j tl Page 29 s $ 5 31 gg 31 I' h I I _ I I I I I I I I I I I I I I ME ayl.� 6 of of I I w — < — i I I — I I Page 30 g I € M � H. p pp pp yp � J- a w w d Y d w ri O LE LA I I I I � W I � i I g4 aL 9' �w I I I I I I I aie.i_ �* tllry P U� U 4 h �I a� al° �I �I I I I I w W �m I I 9b I Page 31 x Y d$ h h �If 1I- II � - �¢ _ Wp I i II� I Page 32 lb ddl yW ft IR: ........... .......... ...... ..... ........... MER ....... ..... ....... ...... ......... . ............ ....... ...... ........... .......... . ... ....... ---- ------- ............ .............. ............ . ................. El ..... o Page 33 5 � , | . • � | I \ f ( — � .. § �. §2 � / § � \ I Page 3 I. Fencin Plan lan(dated: 12/17/24) ZR "R W ❑ �D yD w7. Z 4m �m W raD iD - �� uy y LU LL Z U Z W L ou I I I I I I A rI�✓(� r - •: �� tl N V/ y1 z `� 2 L7 w w ❑ ti m C Page 35 VIII. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. The developer shall comply with the provisions of the existing Development Agreement (DA),recorded as Instrument No. 2022-041093, associated with H-2021-0071. 2. The final plat shall include the following revisions: a. Widen Lots 14-16,Block 2 to accommodate the minimum front setback of 20-feet to the face of garage on these lots. b. Depict a minimum 20-foot wide perpetual ingress/egress easement on Lot 13 for the common driveway and include a note for the easement requiring maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC I I-6C- 3D.8. Alternatively, a separate 20-foot wide common lot could be included for the common driveway. c. Plat note#7 includes incorrect common lot numbers; revise accordingly and remove the portion pertaining to the common driveway. d. Depict a 26-foot wide easement for the private street on Lot 4,Block 1 and include a note granting an ingress/egress/cross-access easement to all lots in the subdivision to use the private streets on Lot 4,Block 1. e. Include street names on the plat consistent with those approved by the Ada County Street Name Review Committee as shown in the exhibit in Section VII.G above. f. Graphically depict the public use easement(ESMT-2024-0165)for the multi-use pathway on the site along with a reference to the recorded instrument number of the easement. g. The private street shall be a loop off the local street(i.e.N. Zion Park Ave./W. Pebblestone Dr.) and shall not extend to the west of N.W. 15th Ln. along the north side of Lot 11,Block 1;the private street shall terminate on the west side of N.W. 15t1i Ln. h. Depict an access easement for the driveway proposed via N. Linder Rd. to the commercial property on Lot 3,Block I and for the driveway along the north side of Lot 11,Block 1 between the townhomes and commercial lot;the easements should grant access to all lots within the subdivision. i. All drive aisles/private streets shall be posted as fire lanes with no parking allowed as set forth in UDC 11-3F-413.2d. In addition,if a curb exists next to the drive aisle,it shall be painted red. j. Depict an in regress easement across Lots 2 and 3,Block 1 rig access to all lots in the subdivision. 3. The landscape plan, included in Section VII.D, shall be revised as follows prior to submittal of the Final Plat application: a. All pedestrian crossings that cross the private street and any drive aisle shall be depicted with brick pavers, stamped concrete, or equal, as outlined in UDC 11-3A-19B.4.b and per requirement of the development agreement. b. Include details that demonstrate compliance with the Quality of Life amenity standards for the dog park and dog waste stations in UDC 11-3G-4C; and with the Recreation Activity Area amenity standards for the tot lot in UDC 11-3G-4D. Page 36 c. Clearly depict and label the irrigation district easements for the Kellogg Drain and the Creason Lateral; ensure no trees are placed in these easements. If easements prevent compliance with UDC landscape standards,alternative compliance may be requested to the standard. d. Demonstrate how the arterial street buffers comply with the enhanced buffer requirements listed in UDC 11-3G-3B.3 and 11-313-7C.3f,make revisions as necessary to comply with these standards. e. Stormwater swales shall be landscaped per the standards in UDC 11-3B-I IC.Note: Gravel, rock, sand, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature. f. Depict landscaping within the street buffers along Linder and Ustick Roads per the standards listed in UDC 11-313-7C.3e,which require lawn and other grasses requiring regular mowing to comprise no more than 65%of the vegetated coverage of the buffer; all other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover. g. Revise the calculations table to reflect a minimum of one (1)deciduous shade tree in common open space areas for every 5,000(instead of 8,000) square feet of area in accord with UDC 11-3G-5B.3 to comply with the current standard. h. Depict a dense 25-foot wide landscape buffer to residential uses entirely on the C-C zoned property; or, split between the C-C and R-15 zoned properties,with dense landscaping consisting of a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that allows trees to touch within five(5)years of planting as set forth in UDC 11-313-9C. 4. Future development shall comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and UDC Table 11-2B-3 for the C-C zoning district. 5. The Applicant shall comply with all ACHD conditions of approval. 6. The plaza in the residential portion of the development shall have lighting in conformance with UDC 11-3A-11 and landscaping in accord with UDC 11-313,per UDC 11-3G-3B.1d. Details that demonstrate compliance shall be submitted with the final plat application. 7. A revised common driveway exhibit shall be submitted with the final plat application that reflects the revisions to the plat noted above. 8. A floodplain development permit shall be required prior to any site work occurring on the property. 9. All fencing shall comply with the standards listed in UDC 11-3A-7. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 11. The subdivision shall be constructed in one(1)phase of development as proposed with this application. 12. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. Page 37 13. The applicant and/or assigns shall comply with the private street standards as set forth in UDC 11-3F-3 and 11-3F-4 and shall obtain final approval of said private streets within one(1)year of approval of the preliminary plat. 14. The maintenance agreement for the private streets shall be amended to include proportionate cost-share for maintenance of the private streets between all lots within the subdivision. 15. Business hours of operation within the C-C zoning district shall be limited from 6 am to 11 pm as set forth in UDC 11-2B-3A.4,unless otherwise approved through a conditional use permit. 16. All existing structures shall be removed prior to the City Engineer's signature on the final plat for this property. Duplicate condition. 18. Any drive-thru establishment use shall require Conditional Use Permit approval in accord with UDC 11-4-3-11. 19. A conditional use permit shall be submitted for approval of the multi-family residential development on Lot 2,Block 1 prior to submittal of a Certificate of Zoning Compliance and Administrative Design Review application. Compliance with the specific use standards listed in UDC 11-4-3-27—Multi-family Development is required. 20. The Applicant shall submit an application for Administrative Design Review(DES) for the attached single-family and townhome units prior to building permit submittal. 21. The Applicant shall submit an application for Certificate of Zoning Compliance(CZC)and Administrative Design Review(DES)for the future commercial buildings and multi-family structures prior to building permit submittal. 22. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. To access other City and Agency comments and conditions,please copy and paste the following link in your browser: https://weblink.meridiancity.org/WebLinkBrowse.aspx?id=367302&dbid=0&repo=MeridianCity IX. FINDINGS A. 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; The City Council finds that the proposed plat, with the Commission's recommendations, is in substantial compliance with the adopted Comprehensive Plan regarding land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) Page 38 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City 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 City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property.ACHD considers road safety issues in their analysis and has approved the proposed road layout and connections to adjacent arterials. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic, or historic features that exist on this site that require preserving. D. Private Street Findings: In order to approve the application,the director shall find the following: 1. The design of the private street meets the requirements of this article; The Director finds that the design of the proposed private streets complies with the standards listed 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 The Director finds that the proposed private streets would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity if all conditions of approval are met. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan.(Ord. 05-1170,8-30-2005,eff.9-15-2005) The Director finds the use and location of the private streets do not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all UDC standards, and the project is also extending the required public streets through the site. Page 39 4. The proposed residential development(if applicable)is a mew or gated development. (Ord. 10-1463, 11-3-2010,eff. 11-8-2010) The Director finds the proposed residential development is a mew development by having a majority of the units facing green space instead of the adjacent streets. Page 40