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Three Corners Ranch ALT, AZ, PP, PS H-2019-0006ADA COUNTY RECORDER Phil McGrane 2019-104973 BOISE IDAHO Pgs=60 VICTORIA BAILEY 10/24/2019 12:25 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2, Sweet Land Development, Inc., Developer 3. David J. and Luane Dean, Owners HIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22'rf I day of c� & bex' 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Sweet Land Development, Inc., whose address is 1990 S. Cole Road, Boise, ID 83709, hereinafter called DEVELOPER, and David J. and Luane Dean, whose address is 1890 E. Dunwoody Court, Meridian, ID 83646, hereinafter called OWNERS. 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for annexation and zoning of 31.06 acres of land to the R-4 (Medium Low Density Residential) zoning district, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the annexation and zoning on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of govermilent, subdivisions providing DEVELOPMENT AGREEMENT —THREE CoRNERs RANCH (H-2019-0006) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 1 o f 7 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 2 o f 7 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 3 o f 7 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 4 o f 7 9 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 2 2 , 2 0 1 9 – P a g e 3 2 5 o f 7 9 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: Sweet Land Development, Inc. 0=501091:, CITY OF MERIDIAN By: Mayor Tammy de Weerd STATE OF IDAHO ss: County of Ada, a�'� LuAne Dean ATTEST: SEAL- ,4 ` P� of the 11!<-_ On this da of , 2019, before me, the undersigned, a Notary Publiin and for said State, personally appeared .Lr _ t G cT n o-r� known or identified tome to be the A,� s k(C1en of Sweet Land Development, Inc., and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. jW I WIC' NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cerWrtio €ifs®Po,written. N NOTARY �(SfAL) PUBLIC let 114, a Commission Notary Public for Idaho 31520 _ Residing at:"wi My Commission - My Commission Expires• — ExpireMar 1. 2023 O ; i,��qr 1 p`2``,• STATE ����JId ) DEVELOPMENT AGREEMENT—THREE CORNERS RANCH (H-2019-0006) PAGE 7 OF 8 ss: County of Ada, ) On this LWay of (3r-fo,] CC , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared David J. Dean known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. %% FRIFpF N NOTARY �iC'� PUBLIC Commission # 31520 My Commission Expires Mar 1. 22023 ss: County of Ada, Notary Public for Idaho �� � Residing at:-nI Q,t,� �.. _. i "ICtc� My Commission Expires:& - l —,Z'3 On this _ day of Orjo k, r , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Luane Dean known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) : ss Notary Public for Idaho Residing at: -t Y1 CU�[ �U My Commission Expires: -3 ! .3 County of Ada n ) I -` On this 22 day of rtjlo�r , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 W NotaryPublic r dah Residing Residing at. Commission expires:S- a r30 DEVELOPMENT AGREEMENT — THREE CORNERS RANCH (H-2019-0006) PAGE 8 OF 8 EXHIBIT A Three Corners Ranch H-2018-0006 Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda October 22, 2019 – Page 328 of 793 EXHIBIT A Three Corners Ranch H-2018-0006 Meridian City Council Meeting Agenda October 22, 2019 – Page 329 of 793 EXHIBIT A Three Corners Ranch H-2018-0006 Meridian City Council Meeting Agenda October 22, 2019 – Page 330 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 31.06 acres of land with the R-4 zoning district and Preliminary Plat consisting of 45 building lots and 9 common lots, by Sweet Land Development, Inc. Case No(s). H-2019-0006 For the City Council Hearing Dates of: June 25, and July 16, 2019 (Findings on August 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 16, 2019, 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 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 240 of 400 EXHIBIT A Meridian City Council Meeting Agenda October 22, 2019 – Page 331 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 16, 2019, 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 annexation and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 16, 2019, 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 Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the Meridian City Council Meeting Agenda August 6, 2019 – Page 241 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 332 of 793 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 - 3 - 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. 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 July 16, 2019. Meridian City Council Meeting Agenda August 6, 2019 – Page 242 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 333 of 793 By action of the City Council at its regular meeting held on the day of t' t 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED y( COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD. VOTED TIE BREAKER) Mayor Tammy de Weerd Attest: irvof oChrlSO City Clerk z B IDI h Ci Ak0 F Copy served upon Applicant, Coy , it Development Department, Public Works Department and City Attorney. 6By: Dated: --8 -(m- Ci erk' dice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0006 ^fv1rec r-ot-n v -s - 4 - Meridian City Council Meeting Agenda October 22, 2019 – Page 334 of 793 EXHIBIT A Page 1 HEARING DATE: 7/16/2019 Continued from June 25, 2019) TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0006 Three Corners Ranch LOCATION: 1890 E. Dunwoody Ct., in the NW ¼ of Section 29, Township TN., Range 1E. I. PROJECT DESCRIPTION Annexation and zoning of 31.06 acres of land with an R-4 zoning district; Preliminary plat consisting of forty-five (45) single-family residential building lots, and nine (9) common lots; and a private street application. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 6, 2019 – Page 244 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 335 of 793 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 31.06 Future Land Use Designation Low Density Residential (LDR) Existing Land Use Single-family residence on approximately 2 acres and approximately 28 undeveloped acres Proposed Land Use(s) Single-family residential Current Zoning RUT Proposed Zoning R-4 Lots (# and type; bldg/common) 52 (45 building/6 common, 1 private street) Phasing plan (# of phases) 1 Number of Residential Units (type of units) 45 SFR Density (gross & net) 1.45 gross du/acre; 2.01 net du/acre Open Space (acres, total [%] / buffer / qualified) 3.11 acres (10%) Amenities 1.26 acre open space/park, basketball court, sitting area, micropathways Physical Features (waterways, hazards, flood plain, hillside) The Karnes Lateral bisects the site Neighborhood meeting date; # of attendees: October 23, 2018 - 18 attendees; October 29, 2018 - 44 attendees NOTE: The applicant has met with residents in the area on multiple occasions after the above noted dates to discuss different site layouts and to receive feedback regarding design iterations. History (previous approvals) N/A Meridian City Council Meeting Agenda August 6, 2019 – Page 245 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 336 of 793 Page 3 B. Community Metrics Description Details Page Ada County Highway District Staff report (yes/no) Yes 39 ACHD Commission Action yes/no) Yes – Meeting held on March 27, 2019 Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Public access is proposed via N. Sweet Valley Ave. connecting to N. Shandee Dr. (N. Shandee Dr. will be limited to right-in, right-out access when E. Chinden Blvd. is expanded to four lanes; the access will be closed when Chinden is expanded to six lanes) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Five (5) stub streets from existing residential subdivision are currently constructed; One (1) public street is proposed (N. Guiness St.) via one (1) of the existing stubs – N. Sweet Valley to the northwest, to connect to N. Shandee Dr. One (1) private street is proposed (W. Barclay Ln.) via one (1) of the existing stubs and utilizing the existing frontage to the Dunwoody Subdivision – E. Dunwoody Ct. to the west and W. Barclay St. to the east Two (2) existing stub streets are proposed to terminate N. Dvorak Ave. to the south and W. Barclay St. to the east. Existing Road Network Proposed Road Improvements Construction of public road to connect N. Sweet Valley Dr. with N. Shandee Dr. Construction of a private road to provide access to all proposed homes from W. Barclay St. and E. Dunwoody Ct. Distance to nearest City Park (+ size) 1.30 miles to Champion Park (~6 acres, Meridian Park) 0.50 miles to Charles McDevitt Park (~39 acres, Boise Park) Fire Service 32 Distance to Fire Station +/- 1.25 miles from Fire Station No. 3 Fire Response Time 5 minutes (under ideal conditions) Resource Reliability 80% (does not meet target goal of 85% or greater) Risk Identification 1=residential Accessibility Project meets all required road widths and turnarounds. There shall be no parking allowed on either side of the proposed 26’ streets. All streets shall be signed “No Parking Fire Lane” per International Fire Code Sections 503.3 and D103.6. Curbing for any private street shall be painted red with “No Parking Fire Lane” stenciled in white paint. Electric gates shall have a Knox key operated switch in addition to opticom sensors. Special/resource needs Project will not require an aerial device. Water Supply 1000 gal./minute for 2 hours required Other Resources Police Service 36 Distance to Police Station 5 miles Meridian City Council Meeting Agenda August 6, 2019 – Page 246 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 337 of 793 Page 4 Description Details Page Police Response Time 6 minutes (2 minutes higher than average response time in Meridian) Calls for Service Between 1/1/2018-12/31/2018 PD responded to 111 calls for service within a mile of the proposed development. of calls for service split by priority See PD comments in Section VIII. D Accessibility Emergency access will need to be provided using either a Key Pad Code, Opticom Sensor and/or Knox Box Specialty/resource needs None Crimes 368 Crashes 20 Other Reports All qualified open space provided in the development to include all amenities must be in an open area in order to allow for natural surveillance opportunities of public areas. Pathways and landscaping should not create hiding spots or blind spots to promote criminal opportunities. West Ada School District 38 Distance (elem, ms, hs) River Valley Elementary: +/- 2 miles Heritage Middle School: +/- 1.25 miles Rocky Mountain High School: +/- 2 miles Capacity of Schools River Valley Elementary: 650 Heritage Middle School: 1,000 Rocky Mountain High School: 1,800 of Students Enrolled River Valley Elementary: 495 Heritage Middle School: 1,254 Rocky Mountain High School: 2,448 Other notes Current over enrollment at the schools this development would impact. Wastewater 29 Distance to Sewer Services +/- 93 Ft. Sewer Shed North Slough Estimated Project Sewer ERU’s 45 WRRF Declining Balance 13.56 MGD Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns Fill will be required to maintain minimum cover on lines B, C and D. Finish grade has not been shown. Water 29 Distance to Water Services 0 Ft. Pressure Zone 3 Estimated Project Water ERU’s See Application Info. Water Quality Concerns None Project Consistent with Water Master Plan Yes Impacts/Concerns This development shall not connect across the pressure zone boundary to the north as proposed. Instead, the development will need to build a proportionate length of a future second connection to N. Locust Grove Road. Grocery Store +/- 0.80 miles to Albertsons on Eagle Rd. Others)…. +/- 0.60 miles to Target on Eagle Rd. Meridian City Council Meeting Agenda August 6, 2019 – Page 247 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 338 of 793 Page 5 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Sweet Land Development, Inc. 1990 S. Cole Road Boise, ID 83709 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda August 6, 2019 – Page 248 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 339 of 793 Page 6 B. Owner: David J. and Luane Dean 1890 E. Dunwoody Court Meridian, ID 83646 C. Representative: Marcel Lopez, Conger Management Group 4824 W. Fairview Ave. Boise, ID 83706 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 4/26/2019 5/31/2019 Radius notification mailed to properties within 300 feet 4/23/2019 5/30/2019 Radius notification published on 5/5/2019 6/14/2019 Nextdoor posting 4/23/2019 5/30/2019 V. STAFF ANALYSIS The proposed annexation area is contiguous to City annexed property to the northwest and south, is within the Area of City Impact Boundary, abuts Boise City limits to the east, and Ada County to the west. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. The subject site is a 31-acre infill property located amongst several existing Meridian, Boise and Ada County subdivisions (see Exhibit VII.F). The site has five (5) abutting stub streets that were installed with the development of previous subdivisions with the intention of future extension; the site also has 50-feet of frontage along E. Dunwoody Ct. to the west. With so many potential stub streets, connectivity and points of access have been greatly discussed by residents, City Staff, ACHD and the applicant. The ACHD Commission heard the Three Corners Ranch Project at their March 27, 2019 Commission hearing and has approved the plan presented with the subject application (see Section VIII.G). Although the subject application’s layout has been approved by ACHD, City Code and the Comprehensive Plan contradict aspects of the present layout. Staff has provided a list of recommended changes below, further analysis is available throughout this report. In accord with the Comprehensive Plan and several UDC policies, City Staff is recommending the following changes to the Three Corners Ranch Subdivision plat dated 4/16/2019: Provide additional connectivity by extending the proposed public road (W. Guiness St.) to the east to connect with N. Stafford Pl. Meridian City Council Meeting Agenda August 6, 2019 – Page 249 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 340 of 793 Page 7 Extend a north/south private street that aligns with the N. Shandee Drive intersection to increase connectivity for the subject development and to break-up the block face. Provide five-foot sidewalk along both sides of N. Guiness St. Provide a ten-foot common lot with landscaping to buffer lots adjacent to N. Guiness St. to mitigate “through lots” ( lots double-fronting roads). A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Low Density Residential (LDR) – LDR designated areas allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three (3) dwelling units or less per acre. The applicant is proposing 45 building lots and nine (9) common lots within the 31-acre site. The proposed gross density is 1.45 du/acre while the net density is 2.01 du/acre, which within the target density for LDR. Staff is of the opinion the requested annexation with the R-4 zoning district and proposed development is generally consistent with the LDR FLUM designation for this site and is appropriate for this site. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 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) Services to this area are available and can be reasonably provided since the MFD and MPD are already servicing the area. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) This site is located approximately ¼ mile south of E. Chinden Blvd. (US 20/26), a heavily used state highway system. In an effortto decrease thenumber of single-family residences using this and other arterial roadways close to the development (N. Locust Grove Rd. and N. Eagle Rd.) the City and transportation authorities (ITD and ACHD) should work with the applicant to preserve necessary transportation corridors by providing connectivity via local roadways. Staff’s recommendation to continue the public roadway through N. Stafford Pl. will further this goal by increasing interconnectivity and minimizing a direct cut-through route. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The proposed development includes pedestrian connectivity through four (4) internal micropathways and attached sidewalk along one (1) side of the proposed public road. Staff is recommending the applicant extend W. Guiness St. east to connect with N. Stafford Pl. which will eliminate the currently proposed micropathway along the north boundary of the development. However, public streets are required to provide sidewalk along both sides; as such, the extension of the public road would increase both pedestrian and vehicular connectivity. Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) Meridian City Council Meeting Agenda August 6, 2019 – Page 250 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 341 of 793 Page 8 This development is an ideal candidate to utilize existing stubbed roadways to provide connections that are currently lacking in the area. The applicant is currently proposing to extend the existing stub at N. Sweet Valley Ave. to the east to connect with N. Shandee Dr. (W. Guiness St.). Staff is recommending the applicant extend W. Guiness St. to connect with N. Stafford Dr. to provide a westerly connection for the Bristol Heights neighborhood without requiring residents to access N. Eagle Rd. and/or E. Chinden Blvd. Although staff would prefer to see all five (5) stub streets extended, believes the connectivity added by extending the public road to N. Stafford Dr. will meet the intent of the UDC and Comprehensive Plan. With the extension of Guiness Street to the east, the proposed block face would exceed the 1,200 linear feet and would not be eligible for City Council waiver. Therefore, staff recommends the applicant extend a north/south private street that aligns with the N. Shandee Drive intersection to break up the block face in accord with UDC standards and to provide additional accessibility to the future residents of Three Corners Ranch. Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) This site has the opportunity to connect various existing subdivisions located in the City of Meridian, Ada County and the City of Boise to the north, south, and east to enhance neighborhood connectivity and increase traffic flow by alleviating the need to access via arterial roads (N. Locust Grove Rd., E. Chinden Blvd., and N. Eagle Rd.). The proposed public road (W. Guiness St.) will only provide connection to N. Shandee Dr.; if W. Guiness St. was extended to the east to connect to N. Stafford Dr., residents within the area would be able to travel east and/or west without accessing E. Chinden Blvd. or N. Eagle Rd. This connection is especially important since two (2) existing stub streets to the east (W. Barclay St.) and south N. Dvorak Ave.) are not proposed to extend. Further, if the roadway is not extended, connecting N. Shandee Dr. with N. Sweet Valley Ave. would create a long dead-end street between the Fuller Ranchettes and Three Corners Subdivisions when constructed at full build- out. UDC 11-3F-4A-5 prohibits private streets ending in cul-de-sacs to be longer than 450- feet. Extension of W. Guiness to the east would create an additional access point, eliminating the potential for a long dead end cul-de-sac on Shandee. Encourage infill development.” (3.04.02B) This site is located amongst several existing and established residential subdivisions located in Meridian City, Ada County and Boise City. The applicant developed Three Corners Subdivision to the northwest of the subject site in 2007 and plans to continue a similar type of development into the subject site. Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) The applicant has proposed a public roadway through part of the north portion of the site and has proposed to construct five-foot attached sidewalk on the north side. Staff is recommending the applicant provide five-foot sidewalk along the south side of the public road to increase consistency with this action item and the requirements of the UDC. To mitigate the occurrence of through lots adjacent to W. Guiness St., staff recommends a 10 -foot landscape buffer in a common lot be required at the north boundary of Lots 8-15 and Lot 19, Block 1. Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) Pedestrian access is proposed via micropathways located throughout the central part of the site, connecting to the proposed park amenity. Sidewalk located along the proposed public Meridian City Council Meeting Agenda August 6, 2019 – Page 251 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 342 of 793 Page 9 road will allow residents within this and other subdivisions the option to walk to services or open space, such as the Charles McDevitt Park located approximately ½ mile to the south of the development. There is currently a micropathway proposed along the northern part of the site adjacent to existing subdivisions (Fuller Ranchettes Sub. and Bristol Heights); staff is recommending this pathway be replaced with a public road to further connect the aforementioned neighborhoods and residents. Staff is recommending five-foot sidewalk be provided along both sides of the public street, in accord with UDC standards, which will provide pedestrian connectivity where the current pathway is proposed. Provide housing options close to employment and shopping centers.” (3.07.02D) Since this area is an infill piece, it is located in close proximity to many existing services, shopping centers and employment options. Require common area in all subdivisions.” (3.07.02F) The proposed development includes a centrally located 1.26 acre open space/park, basketball court, sitting area, and micropathways. Common areas are accessible via several pathway connections throughout the subdivision. Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) With a gross density of 1.45 du/acre and an average lot size of ½ acre, the proposed development is providing large, estate lots not abundant in Meridian. The proposed development provides a choice not widely available but highly sought after for residents. C. Existing Structures/Site Improvements: There is one (1) existing home on this site that is not going to be removed and is located on proposed Lot 19, Block 1. The structure proposed to remain meets the required setbacks of the R- 4 zoning district; any additions to the lot will be subject to R-4 zoning district dimensional standards. Any remaining structures aside from the home on Lot 19, Block 1 shall be removed prior to signature on the final plat by the City Engineer. D. Proposed Use Analysis: The applicant proposes to construct 44 single-family detached dwellings with one (1) existing home to remain at the northwest portion of the site, with seven (7) common lots, one (1) of which is a private street. Single-family detached dwellings are listed as a principally permitted use in the R-4 zoning district per UDC Table 11-2A-2. The private street is proposed to serve all homes within the development and is gated more than 50-feet back from the two (2) proposed access points (E. Dunwoody Ct. and W. Barclay St.), in accord with UDC 11-3F-4A-4f. E. Dimensional Standards (UDC 11-2): This development is subject to the R-4 zoning district dimensional standards in UDC Table 11- 2A-5 (see below). Buildable lots range in size from approximately 11,000 square feet to approximately 96,000 square feet, with an average lot size of 23,500 square feet, exceeding the UDC minimum dimensional standard of 8,000 square feet per dwelling unit. Lots 13-15, Block 1 have frontage on two (2) streets (W. Guiness St. and E. Commander Ln.); UDC 11-6C-3A.1 prohibits through lots. These lots shall be limited to one (1) street access via E. Commander Ln. Additionally, to alleviate the issue, a ten-foot common lot should be added to buffer the residences from traffic. If W. Guiness St. is extended to the east as staff is Meridian City Council Meeting Agenda August 6, 2019 – Page 252 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 343 of 793 Page 10 recommending, the resulting block length will exceed that allowed by the UDC. To mitigate this, staff recommends the applicant construct a private street extending from E. Commander Ln. to W. Guiness St.; this road will also provide future residents within Three Corners Ranch an access to the north. F. Access (UDC 11-3A-3, 11-3H-4): This site has frontage to an existing Ada County subdivision via E. Dunwoody Ct. and has stub streets positioned at five (5) locations adjacent to the subject site: three (3) to the north via N. Sweet Valley Ave., N. Shandee Dr. and N. Stafford Pl.; one (1) to the east via W. Barclay St.; and one (1) to the south via N. Dvorak Ave. The applicant is proposing to extend one (1) of those stubs (N. Sweet Valley Rd.) with a public street (W. Guiness St.) connecting to N. Shandee Dr. The Fuller Ranchettes Subdivision (an Ada County subdivision) is currently served by N. Shandee Dr. which presently has full access to E. Chinden Blvd. However, N. Shandee Dr. will be restricted to a right-in/right-out access when Chinden is expanded to five (5) lanes in 2020, and will be closed when Chinden is eventually expanded to six (6) lanes. The extension of N. Sweet Valley Ave. to N. Shandee Dr. will benefit the Fuller Ranchettes Sub. in the short term, but staff has concerns that this road will become a dead end loop with Three Corners and the Fuller Ranchettes Subdivision upon closure of E. Chinden Blvd.; in violation of UDC 11-6C-3B.4. The applicant has proposed a private street (W. Barclay Lane) with gates to the east and west bisecting the subdivision and connecting with E. Dunwoody Ct. and W. Barclay Ln. This gated private street will limit the amount of cross-traffic and connectivity through the center of the subdivision and increases the need for a connected public street on the north boundary of the site. To increase connectivity of the proposed development with existing subdivisions to the north, staff is recommending the applicant construct a private street in lieu of a proposed micropathway, extending north from E. Commander Ln. to W. Guiness St. to align with N. Shandee Dr. This private street will provide an additional connection for future residents within the Three Corners Ranch subdivision and will also provide a break in block length if staff’s recommendation to extend W. Guiness St. to the east is required. G. Subdivision Standards (UDC 11-6C-3) Lots 13-15, Block 1 have frontage on two (2) streets (W. Guiness St. and E. Commander Ln.); UDC 11-6C-3A.1 prohibits through lots. With the recommended extension of W. Guiness St. additional through lots (Lots 8-12, Block 1) shall comply with these standards, the applicant is required to construct five-foot sidewalk and install a ten-foot wide common lot on both sides of W. Guiness St. in accord with UDC 11-3B-7C. H. Private Streets (UDC 11-3F-4) Private streets are required to be constructed on a perpetual ingress/egress easement or a single- platted lot that provides access to all properties served by such private street; preferably a lot when the property is being subdivided as is the case with this application. The proposed private street has been included as a common lot (Lot 1, Block 1) to be maintained by the Three Corners Ranch Subdivision HOA in accord with UDC standards. A draft private road maintenance agreement has been submitted with the subject application. All drive aisles are required to be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. The proposed private streets are 26 feet in width as shown on the private road section shown on the preliminary plat site plan in Section VII.B. Meridian City Council Meeting Agenda August 6, 2019 – Page 253 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 344 of 793 Page 11 The applicant is proposing to install two (2) gates to restrict vehicular movement to the private street to those who live within that area of the development. Proposed gates are subject to the design standards in UDC 11-3F-4A. The gates are proposed to be located approximately 50-feet back from the west entrance and approximately 80-feet back from the east entrance along W. Barclay Ln.; the submitted plan meets the design standards as listed in UDC 11-3F-4A. Staff recommends the applicant construct an additional private street from E. Commander Ln. extending north/south to connect with W. Guiness St. The entrance to that private street will be required to be gated, in accord with the standards in UDC 11-3F-4. Access to the gates for emergency vehicles shall be coordinated with the Meridian Fire and Police Departments. Compliance with all other Private Streets standards listed in UDC 11-3F-4 is required. As mentioned in Section F above, the current layout connecting N. Shandee Dr. with N. Sweet Valley Ave. would result in a block length exceeding that allowed by the UDC when N. Shandee Dr. is no longer able to access E. Chinden Blvd. Staff’s recommendation to extend W. Guiness St. to N. Stafford Pl. will eliminate that conflict. I. Parking (UDC 11-3C): Parking for single-family dwellings is required based on the number of bedrooms per unit. For 2-, 3- or 4-bedroom single-family units, a minimum of 4 spaces are required per unit with at least 2 of those in an enclosed garage, the other spaces may be enclosed or in a minimum 10’ x 20’ parking pad. All roadways within the development are shown as 26- or 27-feet of driveable surface. Per the Meridian Fire Department, there shall be no parking permitted on either side of the proposed streets. All streets shall be signed “No Parking Fire Lane” per International Fire Code. J. Pathways (UDC 11-3A-8): Pedestrian micropathways are proposed throughout the development (Lots 11, 25, and the northern part of 45, Block 1) for internal connectivity and connectivity with adjacent developments in accord with UDC 11-3A-8 and the Comprehensive Plan (action item #3.03.03B referenced above). Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of (1) tree is required per 100 linear feet of pathway. Landscaping within Lots 11 and 25, Block 1 is proposed in accord with these standards. The proposed pathway within the northern part of Lot 45, Block 1 appears to be substantially in compliance with these requirements; however the applicant should verify that 5-feet of landscaping is provided along the western side of the micropathway. K. Sidewalks (UDC 11-3A-17): Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A 5-foot wide detached sidewalk is proposed to be constructed along one (1) side of W. Guiness St., the local public street proposed to connect from N. Shandee Drive to N. Sweet Valley Ave. The applicant shall provide sidewalk on both sides of the proposed public street in accord with UDC 11-3A-17D. A revised plat and landscape plan reflecting this requirement shall be submitted to the Planning Division ten (10) days prior to the City Council hearing. Staff is recommending the applicant extend the proposed public road to the east to connect with N. Stafford Pl., if that extension is required, 5-foot sidewalk shall be required. Meridian City Council Meeting Agenda August 6, 2019 – Page 254 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 345 of 793 Page 12 L. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11 -3A- 17E. Eight-foot wide parkways are proposed along one side of the proposed private street bisecting the development (W. Barclay Ln.) within the development and are landscaped in accord with UDC standards. M. Landscaping (UDC 11-3B): Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of (1) tree is required per 100 linear feet of pathway. The proposed landscape plan is in compliance with these standards. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. The proposed landscape plan reflects these requirements. Parkways are required to be landscaped per the standards listed in UDC 11-G-3B.5. Mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. The landscape plan indicates all existing trees are volunteer species and do not require mitigation, the applicant shall coordinate with Elroy Huff, City Arborist to confirm. N. Qualified Open Space (UDC 11-3G): A minimum of 10% (3.1 acres) qualified open space is required; a total of 3.11 acres (or 10%) is proposed consisting of a 1.26-acre neighborhood park, micropathways, and pocket parks. O. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required; the applicant has proposed several amenities from each of the three categories (i.e. quality of life, recreation, and pedestrian or bicycle circulation system) as follows: additional 20,000 open space (i.e. 1.26 acre park), a sports court (i.e. basketball), and internal pathways and micro-paths (See Exhibit C in Section VII.) P. Waterways (UDC 11-3A-6): The Karnes Lateral crosses this site and is proposed to be piped. The applicant shall coordinate with the Settlers Irrigation District and the Karnes Lateral regarding requirements (see Section VIII.I below). Per UDC 11-3A-6, any irrigation easement greater than 10-feet in width must be placed in a minimum 20-foot wide common lot unless otherwise approved by City Council. The plat indicates an easement adjacent to Lot 20, Block 1 and crossing through Lots 31, 32, 33, 36 and 41, Block 1. The applicant shall clarify the width of the irrigation easement during the Commission hearing May 16th and shall depict the easement on the preliminary plat prior to the Council hearing. Q. Fencing (UDC 11-3A-6, 11-3A-7): Five-foot tall black wrought iron fencing and four-foot tall solid vinyl privacy fence is proposed along the rear of building lots and adjacent to common areas that are visible from the street in accord with UDC standards. The landscape plan uses the same symbol to indicate both fencing Meridian City Council Meeting Agenda August 6, 2019 – Page 255 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 346 of 793 Page 13 styles, the applicant shall denote the different styles proposed for common areas and building lots with the revised landscape plan prior to the City Council hearing. R. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. S. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. T. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required. In addition, street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. U. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future custom homes within this development. Building materials consist of stucco, hardy plank and board-and-batten siding with some stone accents (see Exhibit E in Section VII.). Homes will be single-story and two-story in height, and will range in size from a minimum of 1,400 square feet and above depending on resident needs and preferences. V. Public Testimony Several residents in the vicinity have been expressing thoughts and concerns related to the proposed project from the time of application submittal in January 2019 via in-person and phone conversations and written testimony submitted to the public record. Written testimony was received from residents within the Dunwoody, Three Corners, and Bristol Heights Subdivisions. In an effort to communicate their concerns, staff has grouped and summarized written testimony received below: Dunwoody Subdivision to the west – Concerns related to the nature and condition of the existing County roadway (E. Dunwoody Ct.) and potential negative impacts related to increased traffic, safety of pedestrians and children. A couple of residents did express their desire for connectivity, specifically through the existing Three Corners Subdivision to the northwest of the proposed development. Bristol Heights Subdivision to the east – Concerns regarding an entrance via W. Barclay St. specifically in relation to construction related traffic and as the primary entrance to the subdivision. Concerns regarding increase in traffic, many residents noted that the Bristol Heights Subdivision is already used as a “cut-through” for vehicles traveling eastbound on Chinden. One resident did feel that there should be an opportunity for eastbound traffic via Barclay St., however did not feel the primary entrance should be through Barclay. Another family expressed their desire for the primary entrance to be through E. Dunwoody Ct., for a simpler traffic pattern with existing stub streets, and concern regarding the “closed island blockade” nature of the proposed development. Three Corners Subdivision to the north – Concerns regarding creating a full-access road between the existing Three Corners Subdivision and the Ambrose School, specifically related to added congestion and traffic, and potential impact on the safety of students, faculty and Meridian City Council Meeting Agenda August 6, 2019 – Page 256 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 347 of 793 Page 14 pedestrians in the area. Concern regarding “pass-through” traffic from adjacent neighborhoods created by locating an entrance at N. Sweet Valley Dr. VI. DECISION A. Staff: The legal description submitted with the annexation application shows the boundaries of the property contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The proposed density (1.45 units/acre) of the subdivision is consistent with that desired in LDR designated areas. Common open space and site amenities are centrally located within the development and meet the minimum required standards. Pathways provide pedestrian connections to the internal central common area through the development and to adjacent properties. Although the Comprehensive Plan and the UDC support extension of the five (5) stub streets, staff recommendations for additional connectivity, as noted above, meets the intent of the UDC and Comprehensive Plan policies. For these reasons, staff recommends approval of the proposed AZ, PP, and PS applications with the requirement of a Development Agreement per the provisions in Section VIII. B. Commission: The Meridian Planning & Zoning Commission heard these items on May 16, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Hethe Clark, applicant’s representative; Brett Aescbacher; Renee Jessome; Steve Ryser; Kevin Krafft b. In opposition: Matt Howard; Ted Dawson; Tori Lewis; Deb Lewis; Tracy Younger; Greg Bengtzen; Cindy Breckel; Lisa Kukuk; Elizabeth Miller; Troy Bergastrand; Gary Collenboene; Marilyn Bell; Donna Wheeler; Brandon Wilding; Doug Clark; Geoff Johnson; TJ Bliss; c. Neutral: Anthony Adinolfi; Tricia Trofast; John Trofast; Wilson Miller; Trina Buckalew; Matthew Hands; Richard Jackson; Doug Racine; David Arnett; Shelly Arnett; William Albert; Patrick Pfeifer; Carlos Bittencourt; Sherry; d. Commenting: Kendra Neely, representing Three Corners Subdivision; Debra Jurgens; Mona Tippets, representing Dunwoody Subdivision; Ben Kneadler, representing Fuller Ranchettes; Joe LaGue, representing Bristol Heights; Tyler Lewis; Kelly Barbour; Jeff Lowe; Mark Miller; Jon Ostlund; Martha Bergstrand; John French; Brian Granvall; Lori Lewis; Jeanette Johnson; Darin Jurgensmeier; Andrew Davis; John Stigile; Ilse Herrera; Linsy Heiner; e. Written testimony: 46 written records of public testimony (see summary in Section V above); f. Staff presenting application: Stephanie Leonard; g. Other Staff commenting on application: Bill Parsons; 2. Key issue(s) of public testimony: a. Support of ACHD Commission recommendation, opposition to staff’s recommended changes due to concerns related to safety and congestion resulting from increased traffic and potential for cut-through traffic through all adjacent subdivisions; Meridian City Council Meeting Agenda August 6, 2019 – Page 257 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 348 of 793 Page 15 b. Concern regarding access via Dunwoody Ct. specifically related to increase in traffic on rural/unimproved roadway, lack of street lights and sidewalks, safety of children and residents, high concentration of vehicular trips due to two points of access, gate access and turnaround options, possibility for third access point, impact on irrigation and open space lots to east of three (3) Dunwoody residents; c. Concern regarding increase in traffic through Three Corners Subdivision and the Ambrose School campus; d. Extension of existing stub streets, importance of connectivity through area for long term; e. Close nature of ACHD Commission’s decision regarding proposed plat; 3. Key issue(s) of discussion by Commission: a. Proposed pedestrian connection extending east from end of W. Guiness St. along northeast part of site; b. Location of turnaround for gated entrance via E. Dunwoody Ct.; c. Extension of proposed public road (W. Guiness St. to connect with N. Stafford Pl.) to the east, in lieu of proposed pedestrian connection; d. Extension of a north/south private street from E. Commander Ln. to W. Guiness St. to align with N. Shandee Dr.; e. Block length of N. Shandee Dr. and W. Guiness St. (if required to be extended to the east to connect with N. Stafford Pl.; f. Low level of density proposed compared to potential density with another development; g. Concern regarding adequacy of E. Dunwoody Ct. to accommodate traffic from proposed development due to lack of lighting, sidewalks, signage, traffic calming, etc.; h. ACHD Commission decision and number of votes in favor/against; i. Concern regarding Sweet Valley Rd. connection to N. Shandee Dr. specifically in relation to possible cut-through traffic to Chinden Blvd., need for emergency access, timeframe of closure to Chinden; j. Request for further discussion about amenities and qualified open space provided with development; k. Provision of a third access point to alleviate the amount of traffic on E. Dunwoody Ct.; 4. Commission change(s) to Staff recommendation: a. Strike conditions #A.3c and #A.4c to remove the requirement to extend W. Guiness St. to the east to connect with N. Stafford Pl.; b. Modify condition #A.3d to include a provision that the gated private street will be engaged upon closure of the Shandee access to Chinden Blvd.; c. Add condition to require the gate on the west boundary to be moved closer to proposed development to accommodate a turn-around; 5. Outstanding issue(s) for City Council: a. Applicant was required to provide revisions to the proposed plat depicting the north/south private street, 5-foot sidewalks along the proposed public street, the Karnes Lateral, and a 10-foot wide landscape buffer north of Lots 13-15 and Lot 19, Block 1; b. Applicant met with Dunwoody residents about potential lighting and traffic calming measures as required by the Commission; c. Applicant met with Mark Miller (resident in Dunwoody) regarding irrigation system as required by the Commission; Meridian City Council Meeting Agenda August 6, 2019 – Page 258 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 349 of 793 Page 16 d. Applicant met with Staff to discuss potential amenity options as required by the Commission; e. Council needs to grant a waiver if the applicant proposes to locate the Karnes irrigation easement on buildable lots; C. City Council: The Meridian City Council heard these items on June 25, and July 16, 2019. At the public hearing, the Council voted to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Joe LaGue; Brett Aeschbacher; Kendra Neely; Marilyn Bell; Renee Jessome; Georia Petty; David and ShellyArnett; Lisa Kukuk and Brian Granvall b. In opposition: Jeff Wilding; Ben and Mona Tippetts; Sandra and Dick Anderson; Troy and Patricia Bergstrand; Linsy Heiner; Troy Bergstrand; Lori Lewis; Darin Jurgensmeier; Mark and Elizabeth Miller c. Commenting: Tyler Lewis; Monte Moore; Adam Lozano; Candice McHugh; Cindy Breckel; Justin Lucas; Dick Jackson; Jeanette Johnson; Remington Seely; Tori Lewis; Ron Santos; Mauri Lewis and Steve Swick d. Written testimony: 61 records total (45 received prior to Planning and Zoning Commission meeting; 25 received prior to City Council hearings) e. Staff presenting application: Stephanie Leonard and Bill Parsons; f. Other Staff commenting on application: Bill Parsons, Deputy Chief Bongiorno, Lieutenant Colaianni and Lieutenant Stokes 2. Key issue(s) of public testimony: a. Concern regarding adequacy of E. Dunwoody Ct. to accommodate traffic from proposed development due to lack of lighting, sidewalks, signage, congestion, etc.; b. Opposition to extension of W. Guiness St. to the east; c. Belief that additional accesses should be provided via existing stub streets outside of E. Dunwoody Ct.; d. Concern that the extension of a north-south road from E. Commander Ln. to W. Guiness St. could cause N. Shandee Dr. to act as a main entrance if constructed before the access to W. Chinden Blvd. is closed; e. f. Long-term implications of plan, whether timing is appropriate for property to annex; City approved developments integrating with County approved developments. 3. Key issue(s) of discussion by City Council: a. Amount of traffic and safety concerns regarding E. Dunwoody Ct. access, request for applicant to work with Dunwoody neighbors on off-site safety improvements; b. Availability of irrigation to existing users with proposed development, request for a revised plat depicting the location of the Karnes Lateral to verify the location of the lateral to determine if a waiver was needed to allow it to remain as an easement on the buildable lots in lieu of a common lot; c. d. e. Construction standards of Dunwoody Court if it were part of the development. Distinction between a rural street section and an urban local street section. Summation of the discussions between the Dunwoody homeowners and the developer. 4. City Council change(s) to Commission recommendation: a. b. Council struck condition of approval 3., which required the extension of the north/south private street extension. Council added DA provision c., improvements to E. Dunwoody Court, which requires the installation of 3 street lights, “No Parking” signage, striping travel lands and 8-foot wide pedestrian walkway on the south side and removal of site obstructing vegetation in ACHD right-of-way. Meridian City Council Meeting Agenda August 6, 2019 – Page 259 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 350 of 793 Page 17 c. Council granted the waiver to allow the Karnes Lateral to remain in an easement rather than a common lot on the affected buildable lots. Meridian City Council Meeting Agenda August 6, 2019 – Page 260 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 351 of 793 Page 18 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda August 6, 2019 – Page 261 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 352 of 793 Page 19 Meridian City Council Meeting Agenda August 6, 2019 – Page 262 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 353 of 793 Page 20 Meridian City Council Meeting Agenda August 6, 2019 – Page 263 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 354 of 793 Page 21 B. Preliminary Plat (date: 7/9/2019) Meridian City Council Meeting Agenda August 6, 2019 – Page 264 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 355 of 793 Page 22 C. Landscape Plan (date: 4/17/2019) Meridian City Council Meeting Agenda August 6, 2019 – Page 265 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 356 of 793 Page 23 Meridian City Council Meeting Agenda August 6, 2019 – Page 266 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 357 of 793 Page 24 Meridian City Council Meeting Agenda August 6, 2019 – Page 267 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 358 of 793 Page 25 D. Qualified Open Space Exhibit Meridian City Council Meeting Agenda August 6, 2019 – Page 268 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 359 of 793 Page 26 E. Staff’s Recommended Changes Extend W. Guiness St. to the east to connect with N. Stafford Pl. Replace pathway connection with private street extending north to south from E. Commander Ln. Meridian City Council Meeting Agenda August 6, 2019 – Page 269 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 360 of 793 Page 27 F. Surrounding Subdivisions Bristol Heights Boise) Fuller Ranchettes Ada County) Three Corners Meridian) Vienna Woods Meridian) Dunwoody Ada County) Meridian City Council Meeting Agenda August 6, 2019 – Page 270 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 361 of 793 Page 28 G. Conceptual Building Elevations Meridian City Council Meeting Agenda August 6, 2019 – Page 271 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 362 of 793 Page 29 Meridian City Council Meeting Agenda August 6, 2019 – Page 272 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 363 of 793 Page 30 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. 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 Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to be retained on Lot 19, Block 1 shall hook up to City water and sewer service within 60 days of it becoming available as set forth in UDC 9-1-4 and 9-4-8. The street address of this home will change as a result of this development. c. Applicant shall complete the following improvements to E. Dunwoody Court as follows: 1. Install three (3) street lights; 2. Install “No Parking” signs along both sides of the street; 3. Stripe the travel lanes and an 8-foot wide pedestrian walkway on the south side per ACHD standards; and 4. Remove vegetation within ACHD right-of-way that obstructs site lines along the roadway. 2. Site amenities shall be provided within the development per those described in Section VII.C. 3. The preliminary plat included in Section VII.B, shall be revised as follows: a. Depict the irrigation easement for the Karnes Lateral. If the easement is greater than ten 10) feet in width it shall be placed within a minimum twenty (20) foot wide common lot unless waived by City Council. City Council granted the waiver to allow the Karnes Lateral remain as an easement on the buildable lots as depicted on sheet PP2.0. b. Comply with private street standards per UDC 11-3F-4. c. Extend W. Guiness St. to the east to connect with N. Stafford Pl. d. Extend a north/south private street that aligns with the N. Shandee Drive intersection to increase connectivity for the subject development and to break-up the block face of W. Guiness St. Install a gate at least 50-feet back from the entrance at W. Guiness St. Phase installation to coincide with the closure of the current access to W. Chinden Blvd. from N. Shandee Dr. e. Provide five-foot wide attached sidewalk on both sides of the proposed public street in accord with UDC 11-3A-17D. Meridian City Council Meeting Agenda August 6, 2019 – Page 273 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 364 of 793 Page 31 f. Provide a ten-foot landscape buffer in a common lot at the north boundary of Lots 8 13- 15 and Lot 19, Block 1. g. Move the gate on the west boundary closer to the proposed development to accommodate a turn-around. Ten (10) days prior to the City Council hearing the applicant shall submit a revised plat reflecting the proposed changes. Meridian City Council Meeting Agenda August 6, 2019 – Page 274 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 365 of 793 Page 32 4. The landscape plan included in Section VII.C shall be revised as follows: a. Depict a five-foot wide attached sidewalk on both sides of the proposed public street in accord with UDC 11-3A-17D. b. Depict a ten-foot landscape buffer in a common lot be at the north boundary of Lots 8 13 -15 and Lot 19, Block 1. c. Extend W. Guiness Street to the east to connect with N. Stafford Pl. 5. Any remaining structures outside of Lot 19, Block 1 should be removed prior to signature on the final plat by the City Engineer. 6. Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 7. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 8. 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. 9. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 10. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 11. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 12. Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G- 3B5 and 11-3B-7C. 13. 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. 14. 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. 15. Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 16. 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. 17. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 18. The project is subject to all current City of Meridian ordinances. 19. 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 275 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 366 of 793 Page 33 20. The applicant shall have an ongoing obligation to maintain all pathways. 21. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 22. 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. 23. 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. 24. 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. 25. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 26. 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. 27. 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. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 Each phase must be modeled as developed to ensure adequate fire flow. 1.3 Please make the following changes in regard to the water system design: 1. GIS shows existing water to south is 10-inch. Connect to the south with a 12- inch main. 2. Eliminate water main on Barclay Lane between Brigadoon Lane and Dvorak Lane. 3. Eliminate water main north of Commander Lane, but provide water main easement for potential future connection to N. Shandee Drive. 4. Construct 8-inch water main on Barclay Lane from Karen Lane to Dunwoody Court, and on Dunwoody Court from Barclay Lane 450-feet west on Dunwoody Court. (This development shall not connect across the pressure zone boundary to the north as proposed). 2 General Conditions of Approval 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 Meridian City Council Meeting Agenda August 6, 2019 – Page 276 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 367 of 793 Page 34 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 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. 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. 2.4 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. 2.5 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. 2.6 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 addressed 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. Meridian City Council Meeting Agenda August 6, 2019 – Page 277 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 368 of 793 Page 35 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. 2.12 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. 2.13 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. 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. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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 887-2211. Meridian City Council Meeting Agenda August 6, 2019 – Page 278 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 369 of 793 Page 36 C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/161277/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 279 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 370 of 793 Page 37 Meridian City Council Meeting Agenda August 6, 2019 – Page 280 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 371 of 793 Page 38 Meridian City Council Meeting Agenda August 6, 2019 – Page 281 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 372 of 793 Page 39 Meridian City Council Meeting Agenda August 6, 2019 – Page 282 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 373 of 793 Page 40 D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/161912/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 283 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 374 of 793 Page 41 Meridian City Council Meeting Agenda August 6, 2019 – Page 284 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 375 of 793 Page 42 E. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/weblink8/0/doc/161616/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 285 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 376 of 793 Page 43 F. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/161948/Page1.aspx G. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/164215/Page1.aspx H. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/161579/Page1.aspx I. SETTLERS IRRIGATION DISTRICT http://weblink.meridiancity.org/weblink8/0/doc/162274/Page1.aspx J. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161764/Page1.aspx K. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/161276/Page1.aspx Meridian City Council Meeting Agenda August 6, 2019 – Page 286 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 377 of 793 Page 44 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex and develop the subject 31.06 acre property with R-4 zoning consistent with the LDR designation, therefore Council finds the plan consistent with the provisions of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will provide for housing opportunities on larger lots consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use should be compatible with adjacent existing and future residential uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and City services are available to be provided to this development. The Meridian Fire and Police Departments currently serve this area, however, the School District has submitted comments, included in Section VIII, that currently show student enrollment is above capacity. 5. The annexation (as applicable) is in the best interest of city. Council finds the proposed annexation is in the best interest of the City if developed with the conditions in Section VIII of this report. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is in conformance with the comprehensive plan and is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. Meridian City Council Meeting Agenda August 6, 2019 – Page 287 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 378 of 793 Page 45 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. C. Private Street (UDC 11-3F-5) In order to approve the private street application, the director shall find the following: A. The design of the private street meets the requirements of this article; The design of the streets meets the standards as set forth in UDC 11-3F-4. 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 The Director, as authorized by the City Council, finds that the proposed private road network will not be a detriment to surrounding subdivisions (Fuller, Vienna Woods, Bristol Heights, Dunwoody and Three Corners). C. 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 proposed private street network does not conflict with the Comprehensive Plan as determined by the City Council. The private street network was supported by the ACHD Commission with the inclusion of pedestrian connectivity. D. The proposed residential development (if applicable) is a mew or gated development. (Ord. 10-1463, 11-3-2010, eff. 11-8-2010) The proposed development is a gated community in compliance with UDC 11-3F-4. Meridian City Council Meeting Agenda August 6, 2019 – Page 288 of 400Meridian City Council Meeting Agenda October 22, 2019 – Page 379 of 793