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2.5 Street RZ PP PSCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0066 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to rezone a portion of property from C-C and R-15 (3.07) to O-T, for a preliminary plat consisting of 50 single-family residential lots and 7 common lots on 2.571 acres of land, south of E. Fairview Ave. on the west side of 2 and a half street, by Broadbent Properties. Case No(s). H-2017-0066 For the City Council Hearing Date of: August 22, 2017 (Findings on September 5, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 22, 2017, 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 at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 of the annexation and preliminary plat request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0066 - 2 - copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached staff report for the hearing date of August 22, 2017, 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 Rezone, Preliminary Plat and Private Street is hereby approved per the conditions of approval in the attached staff report for the hearing date of August 22, 2017, 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 11-6B-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 11-6B-7B). 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 11- 6B-7C). Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-5B-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0066 - 3 - E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 22, 2017 By action of the City Council at its regular meeting held on the 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANN LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM day of k6 VOTED VOTED_Y VOTED VOTED VOTED VOTED y&i MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney, v'r By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). 1-1-2017-0066 -4- Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 1 STAFF REPORT Hearing Date: August 22, 2017 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 2 ½ Street Townhomes (RZ, PP, PS & ALT) – H-2017-0066 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Broadbent Properties, has submitted an application for rezone (RZ) of 3.07 acres of land from the C-C and R-15 zones to the O-T zone; a preliminary plat (PP) consisting of 51 single- family residential lots and 7 common lots on 2.571 acres of land, a private street and alternative compliance to deviate from the parking standards set forth in UDC 11-3C-6. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP, PS and ALT applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 22, 2017. At the public hearing, the Commission moved to continue the subject Rezone, Preliminary Plat and Private Street requests to July 20, 2017. a. Summary of Commission Public Hearing: i. In favor: Bill Truax, Dan Basalone ii. In opposition: Michael B. Morrison, William Gardoski iii. Commenting: William Gardoski iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Lack of parking ii. Increased traffic c. Key Issues of Discussion by Commission: i. Parking ii. Density d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian Planning & Zoning Commission heard these items on July 20, 2017. At the public hearing, the Commission recommended to approve the subject Rezone, Preliminary Plat and Private Street requests. a. Summary of Commission Public Hearing: vii. In favor: Bill Truax Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 2 viii. In opposition: William Gardoski ix. Commenting: William Gardoski x. Written testimony: Dan Basalone xi. Staff presenting application: xii. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Parking ii. Increased traffic c. Key Issues of Discussion by Commission: i. Parking di. Commission Change(s) to Staff Recommendation: i. None f. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on August 22, 2017. At the public hearing, the Council approved the subject RZ, PP and PS requests. a. Summary of City Council Public Hearing: i. In favor: Bill Truax ii. In opposition: Michael B. Morrison, Eileen Gardoski iii. Commenting: Michael B. Morrison, Eileen Gardoski iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Lieutenant Caldwell b. Key Issues of Discussion by Council: i. Limited on-street parking availability ii. Providing safe pedestrian access to Cole Valley Christian school c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2017-0066, as presented in the staff report for the hearing date of June 22, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2017-0066, as presented during the hearing on June 22, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0066 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located south of E. Fairview Ave. on the west side of 2 and a Half Street, in the NW ¼ of Section 7, Township 3N., Range 1E. (Parcel #’s S1107223065, S1107223070, S1107223090, Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 3 S1107223100, S1107223125, S1107223160, S1107223080, S1107223082, S1107223085, S1107223150) B. Owners: Meridian Fairview, LLC 6149 N. Meeker Place Suite 110 Boise, ID 83713 C. Applicant: Broadbent Properties 6149 N. Meeker Place Suite 110 Boise, ID 83713 D. Representative: Inflection Development, LLC PO Box 50111 Boise, ID 83705 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, preliminary plat, private street and alternative compliance. A public hearing is required before the Planning & Zoning Commission and City Council on the rezone and preliminary plat and the Director is the decision maker on the private street and alternative compliance request, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 2, 2017 (Commission) August 4, 2017 (Council) C. Radius notices mailed to properties within 300 feet on: May 25, 2017 (Commission) July 27, 2017 (Council) D. Applicant posted notice on site(s) on: June 14, 2017 (Commission) August 1, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The area considered for development is primarily vacant commercial and residential property however; several of the lots are developed with single-family residences, zoned C-C and R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial property (Rite-Aid), zoned C-C 2. East: Single-family residential property, zoned R-8 3. South: Single-family residential property, zoned R-15 4. West: Commercial properties, zoned C-C C. History of Previous Actions: NA D. Utilities: 1. Location of sewer: Sewer mains intended to provide service to the proposed development currently exist adjacent to the development in the middle of the block between NE 2 and a Half Street and N. Main Street. It is the intention of the Public Works Department to eventually abandon this main, and therefore this project will be required to install mainline in Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 4 NE 2 and a Half Street, and tie back into the existing mainline on the north side of the project, potentially in the driveway of the adjacent commercial development. Applicant shall be responsible for the acquisitions of any easements necessary to accomplish this alignment. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development in NE 2 and a Half Street. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse the subject properties. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FLUM). Per the Comprehensive Plan, “This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historic character, the City has developed specific Design Guidelines for this area. Pedestrian amenities are emphasized in Old Town. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning document for redevelopment in downtown Meridian. Please see the Economic Excellence chapter for more information on Destination Downtown.” This site is located at the northern periphery of the Old Town designated area known as the Northern Gateway District in the Destination: Downtown vision plan. The properties to the east and west are also within the Old Town designated area. Some of the specifics of the vision for this area are as follows:  This district is defined by taller buildings, a sense of entry, streetscape improvements (particularly along Cherry Lane) that encourage walking, office uses to provide a major employment center supported by retail and housing, and an atmosphere that is distinctive and that serves as an attraction and draws people into downtown Meridian. Retail/dining uses are envisioned to make up 30% (or 13.8 acres) of this district.  Streetscape improvements and beautification include increasing the number of street trees, landscaping including planters, community gardens and green spaces.  A collection of public art throughout downtown Meridian is also desired.  The downtown area should be designed to be attractive and welcoming to pedestrians and bicyclists. Parking areas should include clear pedestrian pathways to make walking and bicycling safer. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 5 The applicant proposes to develop this 2.571 acre site with 51 single-family attached residential structures. The project will have a gross density of 18.28 dwelling units per acre (d.u./acre) and a net density of 25.36 d.u./acre. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed townhomes will contribute to the variety of housing types available within the City.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21.  “Require open space areas within all development .” (6.01.01A) The proposed plat does not show any open space on their plat. The amount of property included in the plat (2.571 acres) does not meet the threshold to require any open space. The applicant is proposing to front a large number of the townhomes on a mew (open space), and has proposed a tot lot for the development. The UDC does not require open space or amenities if the development is under 5 acres in size, however the applicant has proposed to provide 0.71 acres of unqualified open space and a tot lot.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report.  “Promote high density residential development in Old Town.” (3.07.01C).  “Use the Architectural Standards Manual.” (3.07.02E)  “Encourage Infill Development.” (3.04.02B) For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones: Per UDC 11-2D-1, the purpose of the O-T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the permitted, accessory, conditional, and prohibited uses in the O-T zoning district. The proposed townhomes Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 6 are listed as a permitted use in the O-T district. C. Dimensional Standards: The dimensional standards listed in UDC 11-2D-4 for the O-T zoning district applies to development of this site. D. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6A for the proposed single-family development. For two, three and four bedroom units, four (4) parking spaces are required; at least two in an enclosed garage. The applicant has submitted a concurrent alternative compliance application to deviate from this requirement. (See analysis below.) IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone The applicant has applied to rezone 3.07 acres of land from C-C and R-15 zoning districts, to the O-T zoning district. As discussed above in Section VII, staff believes the proposed zoning designation is consistent with the policies in the Comprehensive Plan. The applicant proposes to develop 51 new townhomes as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 51 building lots and 7 common lots on 2.571 acres of land in a proposed O-T zoning district (see Exhibit A.2). The gross density for the subdivision is 18.28 d.u./acre with a net density of 25.36 d.u./acre. The average lot size is 1,055 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2D-2, 11-2D-3 and 11-2D-3 for the O-T zoning district. The applicant has proposed a 21 foot common driveway along the west boundary of the site. The proposed common driveway does not meet the requirements of UDC 11-6C-3. The applicant should revise the plat and make this a 24 foot private street. Access: Access is proposed for this site via two access points from NE 2 and a Half Street. The applicant is proposing private streets throughout the development. Private Street: The UDC requires private streets to be constructed within an easement and have a travel lane width of 24’ or 26’ with no allowed parking as determined by the Fire Marshal. The applicant is proposing a private street for the development that is being proposed as a common lot. The proposed private streets are to be constructed as a 24-foot street section and include a 5- foot sidewalk (pathway) on one side on all private roads with the exception of the private road on the west side of the property. Private streets are not intended for single-family development unless those homes front on a mew. The applicant has provided a mew for a large number of the lots, and due to the additional Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 7 open space provided and the applicant’s vision for tree-lined streets, staff is in favor of the request for private streets. Staff is supportive of the applicants request and has conditioned as such in Exhibit B. Phasing: The applicant is proposing to develop the project in two phases. The layout of the phasing plan depends on availability of utilities for the project. The applicant will need to coordinate with public works. Parking: For single-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6 as follows:  The applicant is proposing to construct all 2 and 3-bedroom single-family homes, therefore 4 parking spaces per unit are required; at least 2 in an enclosed garage and 2 on a driveway. The submitted plat depicts 51 single-family attached home that each contain a 2-car garage. The applicant has also provided 9 off-street parking spaces within the development. The applicant is asking for alternative compliance to reduce the parking requirements for the development from the required 4 parking stalls per unit containing 2, 3, or 4 bedrooms to 2 stalls per unit. The applicant has received approval from MDC to reduce their parking requirement. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Landscaping for this project is not required, however the applicant has provided 0.71 of an acre in unqualified open space. This are includes the mew lots, the area with the tot lot, internal pathways, etc. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G-3E. The landscape plan complies with these standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. The applicant shall provide a revised landscape plan at least ten days prior to the City Council hearing. The applicant should also be aware that there is an 8’ sewer main along the west boundary. Trees will not be allowed to be planted over the main. Tree Mitigation: If there are existing trees on the site that are proposed to be removed; the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space/Site Amenities: The applicant has proposed parkways, mew lots and a tot lot for the development. Although this development does not meet the threshold to require amenities, the applicant has proposed to include a tot lot as part of the project due to the fact that there are limited options for children to play in the immediate area. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct a 5-foot wide detached sidewalk along 2 and a Half Street as well as 5-foot walkways through the development and along several of the private streets. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 8 Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Existing structures: The applicant will be removing several structures from the property and these shall all be removed prior to signature on the final plat. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials consist of board and batten, asphalt shingles, and fiber-cement siding. Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single family attached homes. With the submittal of the DES application, the applicant shall submit a master site plan that designates the design, color schemes and variations for each unit. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In summary, Staff recommends approval of the proposed rezone and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 06/16/2017) 3. Proposed Landscape Plan (dated: 04/11/2017) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 9 A. Drawings 1. Vicinity Map Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 10 2. Proposed Preliminary Plat (dated: 07/07/2017) Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 11 3. Proposed Landscape Plan (dated; 04/11/2017) (NOT APPROVED) Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 12 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 13 4. Conceptual Building Elevations Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 14 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 15 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 16 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A final plat applicant shall not be submitted until the DA is approved and recorded by the City. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. The applicant shall comply with the submitted townhome elevations attached in Exhibit A.4. b. The applicant shall provide a play structure as proposed. c. The applicant shall comply with the preliminary plat, landscape plan and building elevations found in Exhibit A of this report. 1.1.2 The preliminary plat included in Exhibit A.2, dated 04/04/2017, shall be revised as follows: a. The applicant shall construct a 24 foot private street along the west boundary of the property. 1.1.3 The landscape plan included in Exhibit A.4, dated 04/11/2017, shall be revised as follows: a. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. b. Ten (10) days prior to City Council, the applicant shall submit a revised landscape plan in the same configuration as the preliminary plat. c. Comply with the fencing standards set forth in UDC 11-3A-7. d. Provide a detail of the play structure with the submittal of a final plat. 1.1.4 A DES application is required to be submitted for the townhome units prior to issuance of building permits. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 1.1.5 Per UDC 11-5B-5B2, the Director approved the applicant’s request for alternative compliance to the parking standards listed in UDC 11-3C-6B per the site plan included in Exhibit A.2. 1.1.6 The applicant shall remove all structures from the subject property prior to receiving signature on any final plat. 1.1.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.1.8 The applicant shall provide private streets signs within the development. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 17 1.1.9 The applicant shall construct N. Gunslinger Lane, N. Whitecuffs Lane, E. Gruber Lane and E. Badley Lane as 24-foot street sections in accordance with UDC 11-3F-4, as shown on the submitted plans. The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the O-T zoning district listed in UDC Table 11-2D-4. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 18 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Applicant shall be required to extend water main easements to property lines at all dead end mains. All water mains shall terminate dead- ends with hydrants. Consider providing water services off E 2 and a Half Street /or providing a bank of services to avoid building water main on the north and south ends of N Gunslinger Lane. 2.1.3 Sewer mains intended to provide service to the proposed development currently exist adjacent to the development in the middle of the block between NE 2 and a Half Street and N. Main Street. It is the intention of the Public Works Department to eventually abandon this main, and therefore this project will be required to install mainline in NE 2 and a Half Street, and tie back into the existing mainline on the north side of the project, potentially in the driveway of the adjacent commercial development. Applicant shall be responsible for the acquisitions of any easements necessary to accomplish this alignment. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 19 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 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. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 20 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 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. 2.2.18 The design 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. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants 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’. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 21 f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of 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. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.4 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 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 as set forth in International Fire Code Section 503.1.1. 4.10 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 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.11 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.12 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application. 6. PARKS DEPARTMENT 6.1 The Park Department did not provide comments on this application. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 22 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct 2 And A Half Street as one-half of a 36-foot street section with curb, gutter, within 50- feet of right-of-way; and detached 5-foot wide concrete sidewalk within an easement. 7.1.2 Provide a permanent easement for any sidewalk located outside of the dedicated right -of-way. 7.1.3 Construct 2, 25-foot wide common driveways onto 2 And A Half Street from the site. The southern driveway is to align with Badley Avenue; and the northern driveway is to be located 170-feet north of Badley Avenue and 170-feet south of Gruber Avenue. 7.1.4 Pave the 2 driveways their entire width and at least 30-feet into the site beyond the edge of pavement of 2 And a Half Street. 7.1.5 If the Dero Fixit station is located within the right-of-way, a license agreement is required. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 23 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 24 C. Legal Description & Exhibit Map of the Rezone Boundary Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 25 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 26 Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 27 D. Required Findings from Unified Development Code 1. REZONE: 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds the proposed density and associated O-T zoning is consistent with the applicable provisions of the Comprehensive Plan in regard to the Old Town future land use map designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment and subsequent development will contribute to the range of housing opportunities available in the City. c. 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 materially detrimental to the public health, safety, or welfare. Council considered all oral or written testimony that may be provided when determining this finding. d. 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. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Because this application is for a rezone, this finding is not applicable. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 28 Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. 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 platting of this property. ACHD considers road safety issues in their analysis. Council considers all public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site. 3. ALTERNATIVE COMPLIANCE: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence to the parking standards is not desirable given the location of the proposed use. Additionally, the reduced parking standards are endorsed by MDC. b. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s parking standards. The number of parking stalls required by the UDC is determined in section 11-3C-6. The section requires that each single-family lot provide two parking stalls within an enclosed garage and two in a driveway based on the number of bedrooms proposed for the units in question. The applicant is providing 102 off-street parking spaces as part of the development, and staff believes that with the additional 9 parking stalls, that the proposal provides an equal means for meeting the requirements of the UDC. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. 4. PRIVATE STREET a. The Design of the private street meets the requirements of this Article; Exhibit A 2 ½ Street Townhomes RZ PP PS ALT – H-2017-0066 PAGE 29 The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. b. 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 constructed and maintained as designed. c. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan.