PZ - Staff Report
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STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: 10/24/2019
TO: Planning & Zoning Commission
FROM: Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development Services
Manager
208-887-2211
SUBJECT: H-2019-0104
Silverstone Apartments MCU
PROPERTY LOCATION:
4107 E. Overland Rd., in the NW ¼ of
the NE ¼ of Section 21, Township 3N.,
Range 1E.
I. PROJECT DESCRIPTION
Modification to the Conditional Use Permit (H-2016-0060) to increase the number of dwelling units in
the multi-family development from 112 to 204, increase the acreage from 5.61 acres to 10 acres, and
update the development plan for the site.
NOTE: The applicant is currently processing a Development Agreement Modification application for
the subject property (H-2019-0099) which is scheduled for the October 22, 2019 City Council meeting.
Any approvals related to this Conditional Use Modification shall be dependent upon the MDA being
approved by Council. As part of that application submittal, staff recommended changes to the
development plan, specifically the loss of MF units and increase in open space. The requested changes
are also reflected in this report.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 10
Future Land Use Designation MU-RG
Existing Land Use Multi-Family Residential, Commercial
Proposed Land Use(s) Multi-Family Residential
Current Zoning C-G
Proposed Zoning N/A
Neighborhood meeting date; # of
attendees:
8/15/2019; 9 attendees
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Description Details Page
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; H-2019-0054 (FP)
A CZC and DES (A-2019-0307) has been approved for the
construction of the first phase (112 units).
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) No
Requires ACHD
Commission Action
(yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Access with the first phase was granted to Overland Road;
Phase 2 accesses from S. Movado Way, a collector roadway
C. Project Area Maps
Future Land Use Map
Aerial Map
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Zoning Map
Planned Development Map
III. APPLICANT INFORMATION
A. Applicant:
Silverstone Apartments, LLC
7761 W. Riverside Dr., Suite 100
Boise, ID 83714
B. Owner(s):
Bienapel Family Limited Partnership
2674 S. Andros Way
Meridian, ID 83642
Silverstone Apartments, LLC
7761 W. Riverside Dr., Suite 100
Boise, ID 83714
C. Representative:
Evans Construction
7761 W. Riverside Dr., Suite 100
Boise, ID 83714
IV. NOTICING
A. Newspaper notification published on: 10/4/2019
B. Radius notice mailed to properties within 300 feet on: 10/1/2019
C. Applicant posted notice on site on: 10/10/2018
D. Nextdoor posting: 10/1/2019
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V. STAFF ANALYSIS
This site consists of 10 acres, zoned C-G with a Future Land Use Map (FLUM) designation of
MU-RG. The western portion of the site (approximately 5.61 acres) is currently being developed
with 112 units consistent with previous approvals. Phase 2 consists of the eastern 4.39 acres is
proposed to develop with the additional 92 units.
The requested modifications to the development includes an increase in the number of approved
multi-family units from 112 to 204, increase the acreage from 5.61 acres to 10 acres, and update
the development plan for the site. With the increase in the number of units, the applicant is also
proposing to increase the amenity package to include the following: 1) clubhouse with fitness
facility, 2) children’s play structure, 3) sports court, 4) pool, 5) dog walk, and 6) an open grassy
area measuring 50’ x 100’. The clubhouse will contain the leasing office and mail center. The
units will be distributed among five (5) three-story 24-plexes, five (5) three-story 12-plexes, and
three (3) two-story 8-plexes. The bedroom count consists of 66 one-bedroom units and 138 two-
bedroom units.
NOTE: The site plan approved with the first phase depicts two multi-family structures in
the northeast corner. In the new plan, these two buildings have been consolidated into one
single structure. The CZC approved with the first phase may need to be revised to
incorporate the single structure or the site plan submitted with phase 2 can reflect the
change to the layout of the buildings as currently proposed.
A. Comprehensive Plan Policies
This site is designated Mixed Use – Regional (MU-RG) on the Comprehensive Plan
Future Land Use Map (FLUM).
The purpose of this designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a
variety of uses together, including residential, and to avoid predominantly single use
developments such as a regional retail center with only restaurants and other commercial
uses. Developments should be anchored by uses that have a regional draw with the
appropriate supporting uses. Fox example, an employment center should have support
retail uses; a retail center should have supporting residential uses as well as support retail
uses; a retail center should have supporting residential uses as well as supportive
neighborhood and community services. The standards for the MU-RG designation
provide an incentive for larger public and quasi-public uses where they provide a
meaningful and appropriate mix to the developments.
This site is proposed to develop with 204 multi-family residential units at a gross density
of 20 dwelling units per acre (d.u./acre) in accord with the desired density of the MU-RG
designation of 6 to 40 dwelling units to the acre. Further, the high-density development
should contribute to the mix of residential uses in this area adjacent to retail, employment
and restaurant uses near major intersections (Eagle & Overland Roads and Eagle &
Cloverdale Roads).
Staff finds the following Comprehensive Plan policies to be applicable to this property and
apply to the proposed use (staff analysis in italics):
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“Provide for a wide diversity of housing types (single-family, modular, mobile homes
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, pg. 56)
The proposed multi-family units will contribute to the variety of rental options available
within the City.
“Permit new development only where urban services can be reasonably provided at
the time of final approval and development is contiguous to the City.” (3.01.01F, pg. 45)
City services will be provided and extended with development of this site.
“Require new residential development to meet development standards regarding
landscaping, signage, fences and walls, etc.” (3.04.01H)
Street buffer landscaping is required adjacent to E. Overland Rd. and S. Movado Way in
accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained
for signage in compliance with the standards listed in UDC 11-3D-5.
“Provide housing options close to employment and shopping centers.” (3.07.02D)
Because of its location close to the Silverstone Business Park, the El Dorado Business
Park, Gramercy commercial developments, and the future development of Eagle View
Landing, this property is ideal for providing higher density housing options.
“Require screening and landscape buffers on all development requests that are more
intense than adjacent residential properties.” (3.06.01G)
The proposed development abuts less intense single-family development at the south
boundary. With phase 1, the applicant received approval to construct a 10-foot wide
landscape buffer. Fencing has been constructed with the single family development along
the south boundary however, staff believes a 25-foot landscape buffer and trees that
touch at maturity should be installed along the west and southern portion of the phase 2.
B. Specific Use Standards
The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply
to development of this site as follows:
A minimum of 80 square feet of private useable open space is required to be provided for
each unit. Private balconies or patios are proposed for each unit but floorplans have not
been provided to confirm they meet this requirement. The floor plans approved with
the first phase depicted patios and balconies that meet this requirement. At the time
of Certificate of Zoning Compliance submittal, the applicant shall provide
floorplans to confirm the balconies/patios meet this requirement.
Development with 20 units or more are required to provide a property management
office, maintenance storage area, central mailbox location (including provisions for
parcel mail) that provides safe pedestrian and/or vehicular access, and a directory and
map of the development at an entrance or convenient location for those entering the
development. The property management, leasing office, and mailboxes are located in
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clubhouse, centrally located on the site. The site plan submitted with the Certificate of
Zoning Compliance application shall depict the location(s) of the directory map of
the development and the maintenance storage area.
At a minimum, 250 square feet (s.f.) of outdoor common open space is required for each
unit containing more than 500 and up to 1,200 s.f. of living area. All of the 204 proposed
units are within this range. Therefore, a minimum of 51,000 s.f. (or 1.17 acres) of
common open space is required in accord with the standards listed in UDC 11-4-3-27C.
The applicant has not provided an open space exhibit demonstrating compliance
with the above requirement. Further, staff has recommended the applicant reduce
the number of units by twelve to increase the open space within the development.
Prior to the Commission hearing, the applicant shall provide such an exhibit
showing calculations for open space meeting the following requirements:
1. A minimum area of outdoor common open space shall be provided as follows:
a. Two hundred fifty (250) square feet for each unit containing more than
five hundred (500) square feet and up to one thousand two hundred
(1,200) square feet of living area.
2. Common open space shall be not less than four hundred (400) square feet in
area, and shall have a minimum length and width dimension of twenty feet (20').
For multi-family developments with more than 100 units, the decision making body shall
require amenities commensurate to the size of the development. A total of 204 units are
proposed. Six (6) amenities proposed: 1) clubhouse with fitness facility, 2) children’s
play structure, 3) sports court, 4) pool, 5) dog walk, and 6) open grassy area measuring
50’ x 100’. Staff recommends that the 24-plex “Building J” shown on the proposed
site plan be replaced with a three-story 12-plex, located on the southern half of the
current building’s footprint. The northern half of the footprint should be revised to
show an open lawn area with landscaping along the eastern edge to provide
additional open space with the development. This is consistent with staff’s
recommendation of the development agreement modification.
Landscaping is required to comply with UDC 11-4-3-27E. All street facing elevations
shall have landscaping along their foundations as follows: the landscaped area shall be at
least three-feet wide and have an evergreen shrub with a minimum mature height of 24-
inches for every three linear feet of foundation. The remainder of the area shall be
landscaped with ground cover plans. The landscape plan submitted with this application
meets this requirement.
The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other development
features. The applicant shall submit documentation of compliance with this
requirement with submittal of the Certificate of Zoning Compliance.
C. Dimensional Standards
The proposed development is required to comply with the dimensional standards of the
C-G zoning district listed in UDC Table 11-2B-3 and for multi-family developments
listed in 11-4-3-27.
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The setbacks in the C-G district are 0 feet, except for the 20-foot required street buffer
along S. Movado Way, 35-foot entryway corridor landscape buffer along E. Overland Rd.
and a 25-foot wide landscape buffer along a portion of the west and southern boundary of
phase 2 in accord with UDC Table 11-2B-3. In addition, the multi-family specific use
standards requires a 10-foot building setback along the perimeter unless a greater setback
is required by title 10 (International Building Code).
D. Access
Access is depicted on the site plan via: E. Overland Rd.(approved with Phase 1), an
arterial roadway; S. Movado Way, a collector street; emergency access only is proposed
via a connection to E Esperanto St. to the south. Meridian Fire Department has
commented on the access to the development and supports the applicant’s proposal. Staff
finds the access is sufficient to serve the proposed development.
E. Parking:
The UDC requires off-street vehicle parking to be provided on the site in accord with the
standards listed in Table 11-3C-6 for multi-family developments. Based on 66 one-
bedroom, 138 two-bedroom units, and the1,834 square foot clubhouse a minimum of 379
spaces are required. The applicant has provided 325 covered stalls and 52 uncovered
stalls for a total of 375, two short of the requirement. Staff is recommending that 12
units be removed from “Building J”. With this reduction, the site will meet the
requirements of code, 355 required and 377 provided.
Table 11-3C-5 lists the required parking stall and drive aisle dimensional standards. Per
this table, two-way drive aisles with 90 degree parking are to be 25-feet wide. In addition,
the Fire Department requires drive aisles to be 26’ around buildings over 30-feet in
height. At the time of Certificate of Zoning Compliance submittal, the applicant
shall provide a revised site plan demonstrating conformance with both of the above
requirements.
One bicycle parking space is required to be provided for every 25 proposed vehicle
spaces or portion thereof, per UDC 11-3C-6G. Based on a total of 377 proposed parking
spaces, a minimum of 15 bicycle parking spaces should be provided for the development.
The site plan depicts 70 bicycle parking spaces dispersed throughout the development, far
exceeding the City’s requirements.
F. Sidewalks/Parkways:
A five-foot wide detached sidewalk exists on this site along S. Movado Way and E.
Overland Rd. in accord with UDC 11-3A-17. Any existing curb cuts not being used
should be removed and reconstructed with landscaping and required sidewalk per ACHD
standards.
G. Landscaping:
A minimum 20-foot wide landscaped street buffer is already constructed along S.
Movado Way, a collector street, and a minimum 35-foot landscape buffer is required
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along E. Overland Rd., an entryway corridor, landscaped per the standards listed in UDC
11-3B-7C.
In addition to the required street buffer landscaping, the applicant is required to
construct a 25-foot wide landscape buffer along a portion of the west and south
boundary of phase 2. To ensure adequate buffering from the more intense multi-
family project to the abutting single family residences, staff recommends that the
applicant construct the full 25-foot wide buffer width comprised of trees that touch
at maturity, unless waived by Council during the hearing of the MDA application.
H. Fencing:
All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing
shall only be permitted on the interior edge of the street buffer, not within it, in
accord with UDC 11-3B-7C.2(c).
I. Utilities and drainage:
All utilities and drainage facilities are required to comply with the standards listed in
UDC 11-3A-18 and UDC 11-3A-21.
J. Lighting:
All outdoor lighting shall comply with the standards listed in UDC 11-3A-11.
K. Building Elevations:
Building elevations were submitted for the multi-family structures and clubhouse.
Building materials for the multi-family structures and the clubhouse consist of fiber cement
horizontal lapped and board batten siding and stucco with architectural laminated fiberglass roof
shingles. Future structures built on the site are required to comply with the City’s design
standards and guidelines in effect at the time of development and obtain design review
approval.
Note: the elevations approved with phase 1 and identical with the ones proposed for
expansion.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit modification application
in accord with the Findings in Section IX per the provisions in Section VIII.
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VII. EXHIBITS
A. Approved Site Plan (H-2017-0104)
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B. Proposed Site Plan
Remove twelve units to include
more open space.
Construct 25’ landscape buffer
along a portion of the west and
south boundary.
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C. Proposed Landscape Plan
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D. Proposed Elevations (no change since previous approvals)
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. Development of the site shall substantially comply with the site plan, landscape plan,
and conceptual building elevations included in Exhibit A, with the conditions of
approval listed herein, and the provisions of the development agreement and any
modifications thereof.
2. The submitted site and landscape plan, included in Section VII, Exhibits C & D of the
shall be revised as follows:
a. 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.
a. The applicant shall construct a 25-foot wide landscape buffer to the residential
uses to the west and south boundary of phase 2 constructed to the standards of
UDC 11-3B-9 with trees touching at maturity, unless waived by City Council.
3. The architectural character of the proposed structures shall comply with the design
standards listed in the Architectural Standards Manual.
4. Prior to the Commission hearing, the applicant shall provide an exhibit showing
calculations for open space meeting the requirements of UDC 11-4-3-27C.
5. At the time of Certificate of Zoning Compliance submittal, the applicant shall provide
floorplans to confirm the balconies/patios are a minimum of 80 square feet.
6. At the time of Certificate of Zoning Compliance submittal, the applicant shall provide
a revised site plan depicting the locations of the directory & map of the development
and the maintenance storage shed.
7. The developer shall comply with the specific use standards for multi-family
developments listed in UDC 11-4-3-27, including but not limited to the following:
a. All on-site service areas, outdoor storage areas, waste storage, disposal facilities,
and transformer and utility vaults shall be located in an area not visible from a public
street, or shall be fully screened from view from a public street.
b. The development is required to record legally binding documents that state the
maintenance and ownership responsibilities for the management of the development,
including, but not limited to, structures, parking, common areas, and other
development features. The applicant shall submit documentation of compliance with
this requirement with submittal of the Certificate of Zoning Compliance.
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8. The applicant shall provide amenities as proposed, in accord with UDC 11-4-3-27D.
9. Any fencing constructed on the site shall be consistent with the standards as set forth
in UDC 11-3A-7. Any fencing proposed along Overland Road and S. Movado
Way shall be installed along the interior edge of the 35-foot and 20-foot wide
landscape buffers.
10. The interior parking area shall comply with the required stall and drive aisle
dimensions listed in UDC Table 11-3C-5. These dimensions shall be depicted on the
site plan submitted with the Certificate of Zoning Compliance application.
11. The applicant is required to submit a Certificate of Zoning Compliance and Design
Review applications for approval from the Planning Division prior to submittal of a
building permit application. NOTE: The site plan approved with the first phase
depicts two multi-family structures in the northeast corner. In the new plan,
these two buildings have been consolidated into one single structure. The CZC
approved with the first phase may need to be revised to incorporate the single
structure or the site plan submitted with phase 2 can reflect the change to the
layout of the buildings as currently proposed.
12. The applicant shall submit a drainage plan to Meridian Land Development for review
and approval to ensure adequate drainage can be maintained on site in accord with
UDC 11-3A-18.
13. Staff’s failure to cite specific ordinance provisions or terms of the approved
conditional use does not relieve the applicant of responsibility for compliance.
14. The Applicant shall have a maximum of two (2) years to commence the use as
permitted in accord with the conditions of approval listed above. If the use has not
begun within two (2) years of approval, a new conditional use permit must be
obtained prior to operation or a time extension must be requested in accord with UDC
11-5B-6F.
15. The applicant shall complete all required improvements prior to issuance of a
Certificate of Occupancy. It is unlawful to use or occupy any building or structure
until the Building Official has issued a Certificate of Occupancy.
16. Prior to development commencing with the development of phase 2 (4.39 acres), the
applicant shall record the development agreement that contains the provisions
approved with file #H-2019-0099.
17. The applicant shall comply with all conditions of approval approved with H-2016-
0060, H-2017-0104, H-2019-0054 and A-2018-0307.
18. The applicant shall record a final plat prior to obtaining occupancy of the first
structure. NOTE: City Council has approved a final plat for the boundary of the
first phase. The applicant can either submit a new final plat application for
review and approval or modify the boundary of the first phase to incorporate
the additional land area with a final plat modification application.
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B. Public Works Division
1. A streetlight plan is required for this development. Type 1 streetlights are required
every 200' on Overland Road. Davit poles may be used to avoid overhead power
conflicts. Street light plan requirements are listed in section 6-5 of the Improvement
Standards for Street Lighting
http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing
street lights. The contractor’s work and materials shall conform to the ISPWC and
the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of
Meridian Transportation and Utility Coordinator at 898-5500 for information on the
locations of existing street lighting.
For all other agency comments (CDHD, WASD, NMID, DEQ, ITD) click on the following
link: http://weblink.meridiancity.org/weblink8/Browse.aspx?dbid=0
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IX. FINDINGS
Conditional Use Permit (UDC 11-5B-6E):
The commission shall base its determination on the conditional use permit request upon the
following:
A. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located. Staff
finds that the subject property is large enough to accommodate the proposed use and the
dimensional and development regulations of the C-G district as required by the UDC
(see Analysis Section V for more information).
B. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title. Staff finds that the proposed use is consistent
and harmonious with the UDC and Comprehensive Plan Future Land Use Map
designation for this site.
C. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the
same area. Staff finds that if the applicant complies with the conditions listed in this
report, the design, construction, operation and maintenance will be compatible with
other uses in the neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same
area (see Analysis Section V for more information).
D. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity. Staff finds that if the applicant complies
with the conditions outlined in this report, the proposed use will not adversely affect
other property in the area.
E. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer. Staff finds that the proposed use will be served
adequately by all of the public facilities and services listed above.
F. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community. Staff
finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community’s economic welfare.
G. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Staff finds the proposed use will not involve excessive traffic, noise, or odors that will be
detrimental to any persons, property or the general welfare.
H. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-
2005, eff. 9-15-2005). Staff finds that the proposed use will not result in the destruction,
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loss or damage of any natural, scenic or historic feature of major importance in this
area.