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PZ - Staff Report Page 1 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 Page 2 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 Page 3 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 Page 4 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): Page 5  “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 Page 6 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. Page 7 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 Page 8 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. Page 9 VII. EXHIBITS A. Approved Site Plan (H-2017-0104) Page 10 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. Page 11 C. Proposed Landscape Plan Page 12 D. Proposed Elevations (no change since previous approvals) Page 13 Page 14 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. Page 15 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. Page 16 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 Page 17 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, Page 18 loss or damage of any natural, scenic or historic feature of major importance in this area.