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CC - Staff Report Page 1 HEARING DATE: 10/22/2019 TO: Mayor and City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0099 Silverstone Apartments MDA LOCATION: 4107 E. Overland Rd., in the NW ¼ of the NE ¼ of Section 21, Township 3N., Range 1E. I. PROJECT DESCRIPTION The applicant has applied for a development agreement modification for the purpose of combining/removing property from the boundary of three (3) previous recorded development agreement (DA Instrument #2017-076698, 2017-024757 & Addendum Instrument #2018-12457) to create one development agreement that governs the Silverstone project. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant: Silverstone Apartments, LLC 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 12.43 Current Zoning C-G Neighborhood meeting date; # of attendees: 8/15/2019; 9 attendees History (previous approvals) H-2016-0060 (AZ, CPAM, CUP); H-2017-0104 (RZ, PP, MDA, MCU); DA Instrument #2017-076698, 2017- 024757 & Addendum Instrument #2018-012457 Page 2 B. Owner(s): Bienapel Family Limited Partnership (Owner of Phase 2 and 3) 2674 S. Andros Way Meridian, ID 83642 Silverstone Apartments, LLC (Owner/Developer of phase 1) 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 C. Representative: Dave Evans Construction 7761 W. Riverside Dr., Suite 100 Boise, ID 83714 IV. NOTICING City Council Posting Date Newspaper Notification 10/4/2019 Radius notification mailed to properties within 300 feet 10/1/2019 Public hearing notice sign posted 10/10/2019 Nextdoor posting 10/1/2019 Page 3 V. STAFF ANALYSIS The applicant has applied for a development agreement modification (MDA) to the existing development agreements and addendums for the subject 12.43 acre property (Exhibit A). Because the project is proposed to develop in three (3) phases (phase 1 has commenced), three separate legal descriptions have been provided for each phase. However, the entire project is proposed to be subject to one DA that governs the entire development. Other items include modifying and add new DA provisions and incorporating a new concept plan and building elevations. Removing the properties from the three (3) previous agreements will assist staff with administering development of the subject properties and their respective phases. This is the third requested modification to the DA for the Silverstone Apartments. The original approval in 2016 encompassed 14.41 acres, including the western portion of the subject property and a portion of what is now the Movado Greens Subdivision. This original DA (inst. # 2017-076698) had provisions for a maximum of 312 multi-family dwelling units. In 2017, this original DA was amended to reduce the number of multi-family units to 112 and develop the southern portion of the original site as single-family homes as part of the Movado Greens Subdivision and incorporate a commercial buildings on the remainder of the C-G portion of the property (addendum inst. No. 2017- 024757 and 2018-012457). In previous approvals, staff has been supportive of higher density residential. The Comprehensive Plan FLUM designation for this property is Mixed-Use Regional, which also encompasses the large commercial developments to the west of this site. These employment and commercial centers support the current proposal for high density residential on this site. With this application, the applicant is requesting Council approval of a new concept plan, which expands the multi-family development from 112 units to 204 units, depicts a 12,000 square foot commercial building and associated parking and 10 townhomes (Exhibit D). Building elevations submitted with the application are consistent with those currently under construction with the first phase. NOTE: Townhomes are not allowed in the C-G district. Conceptually, staff supports the residential diversity throughout the development, however, before the property can be developed with townhomes, the applicant must rezone and subdivide the property. Further, the applicant request the following modifications to the language of Addendum Instrument Number 2018-012457: Page 4 The additional units are proposed to be part of phase 2, located in a 4.38 acre area previously approved for commercial uses. With the additional units, the applicant is proposing to add fitness facilities to the clubhouse, a pool, dog walk, and an additional 50’ x 100’ open lawn area. The proposed concept plan shows a total of 377 parking stalls for the multi-family development for both phases. This is two stalls less than the 379 required by code (375 for the multi-family and 4 for the 1,834 square foot clubhouse). To alleviate parking concerns and increase open space, staff recommends that the 24-plex “Building J” shown on the proposed site plan be replaced with a three-story 12-plex. The northern half of the footprint should be revised to show an open lawn area with landscaping along the eastern edge. The plans for phase two shall also be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed in UDC 11-3B-9. Staff recommends that the buffer be comprised of trees that touch at the time of maturity and that this requirement not be waived. According to Table 11-2B-2, the proposed multi-family use is a conditional use in the C-G zoning. The applicant has submitted a Conditional Use Modification application (H-2019-0104) with the City to modify the existing conditional use permit approved for the site in 2016 (H-2017-0104). All applicable code requirements for this development shall be analyzed through that process and any changes that result shall be incorporated in a revised site plan, landscape plan, and elevations. The proposed multi-family townhome development in the southeast corner of the subject properties will also be required to obtain a Conditional Use permit per the table referenced above. Staff recommends the applicant be granted flexibility to revise their layout of this area (townhomes) to meet the requirements of the multi- family conditional use approval. Staff has reviewed the terms of the three (3) previous development agreements to determine which provisions may still apply and if any new provisions should be included into the combined agreement. Below are staff’s recommended DA provisions: a) Future development of the site shall generally comply with the site plan, landscape plan, and architectural elevations included in Section VII, Exhibits D, E, & F of the staff report dated 10/22/2019 and the conditions contained therein. b) The submitted site and landscape plan, included in Section VII, Exhibits D & E of the staff report dated 10/22/2019 shall be revised to replace “Building J” with a three-story 12-plex to be located on the southern end of the current buildings footprint. The northern half of the footprint shall be revised to show an open lawn area with landscaping along the eastern edge. c) The plans for phase two shall be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed under UDC 11-3B-9. The buffer shall be Page 5 comprised of trees that touch at the time of maturity, this requirement shall not be eligible to be waived. d) A maximum 192 multi-family residential dwelling units shall be constructed within this development. The townhomes depicted on the concept plan shall not commence until the applicant rezones and subdivides the property. e) Site amenities shall be provided as follows: 1) clubhouse with fitness facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) two open grassy areas, in accord with the standards of UDC 11-4-3-27D. f) All commercial lots and multi-family developments are subject to certificate of zoning compliance (CZC) and design review prior to the issuance of building permits. g) All multi-family developments shall obtain conditional use approval prior to submitting for CZC and design review approval per Table 11-2B-2. h) The applicant shall have the ability to obtain multi-family building permits with phase 2 prior to recording the final plat. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. Page 6 VII. EXHIBITS A. Legal Description of Properties to be Included under Development Agreement Phase 2 and 3 DA No(s). 2017-076698, 2017-024757 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Phase 1 DA No. 2018-012457 Page 13 Page 14 B. Previously Approved Site Plan from Original DA Inst. No. 2017-076698 Page 15 C. Current Site and Landscape Plan from DA Addendum Inst. No. 2018-012457 Page 16 D. Proposed Site Plan (dated: 06/28/2019) Remove residential building and replace with open space Page 17 E. Proposed Landscape Plan (dated: 08/28/2019) Remove residential building and replace with open space Page 18 F. Multi-Family Elevations (dated: 11/09/2019) Page 19 Page 20 VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11- 2B. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of the site shall generally comply with the site plan, landscape plan, and architectural elevations included in Section VII, Exhibits D, E, & F of the staff report dated 10/22/2019 and the conditions contained therein. 2. The submitted site and landscape plan, included in Section VII, Exhibits D & E of the staff report dated 10/22/2019 shall be revised as follows: i. Replace “Building J” with a three-story 12-plex to be located on the southern end of the current buildings footprint. The northern half of the footprint shall be revised to show an open lawn area with landscaping along the eastern edge. ii. The plans for phase two shall be revised to show the full 25’ wide landscape buffer to the residential uses to the south (including Lot 14, Block 1 of Movado Greens No. 1) or request a waiver from the buffer width requirements as allowed under UDC 11-3B-9. The buffer shall be comprised of trees that touch at the time of maturity, this requirement shall not be eligible to be waived. 5.2. A maximum 192 multi-family residential dwelling units shall be constructed within this development. The townhome portion of the development depicted on the concept plan shall not commence until the applicant rezones and subdivides the property. 5.3. Site amenities shall be provided as follows: 1) clubhouse with fitness facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) two open grassy areas, in accord with the standards of UDC 11-4-3-27D. 5.4. All commercial lots and multi-family developments are subject to certificate of zoning compliance (CZC) and design review prior to the issuance of building permits. 5.5. All multi-family developments shall obtain conditional use approval prior to submitting for CZC and design review approval per Table 11-2B-2. 5.6. The applicant shall have the ability to obtain multi-family building permits with phase 2 prior to recording the final plat.