HomeMy WebLinkAboutCC - Staff Report for 8-22 STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 8/22/2023 _
DATE: r
Legend R_I�� t��v-v� ..
TO: Mayor&City Council ff
FROAM: Sonya Allen,Associate Planner R1 i [* R- R- .
208-884-5533 - R -1 I R-8 R1
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SUBJECT: Sessions Parkway-MDA RUT R ._ RUT
H-2023-0030 R1 1 .R-2 RZ
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LOCATION: 2700 N. Eagle Rd.,in the NW 1/4 of R-
ol R-4 1-� R-
Section 4. T.3N.,R.IE. (Parcel R7 RUT
#S1104233650) R. UT
C- 1
I. PROJECT DESCRIPTION
Amendment to the existing Development Agreement(H-2022-0046, Inst. #2022-033831)to allow
one(1)building permit to be obtained prior to recordation of the plat and allowance for submittal of a
Certificate of Zoning Compliance and Design Review application for subsequent proposed uses prior
to recordation of the plat; and request for Council approval of a reduction of the buffer requirement in
the C-G district to residential uses to the east from 25-feet to a minimum of 8-feet.
II. SUMMARY OF REPORT
A. Applicant:
Stephanie Hopkins,KM Engineering,LLP—5725 N.Discovery Way,Boise,ID 83713
B. Owner:
GFI Meridian Investments,LLC—74 East 500 South, Ste. 200, Bountiful, UT 84010
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper 8/6/2023
Notification mailed to property
owners within 300 feet 8/4/2023
Page 1
Applicant posted public hearing
notice on site 8/7/2023
Nextdoor posting 8/7/2023
IV. STAFF ANALYSIS
The Applicant requests a modification to the existing DA(Inst. #2022-033831)to allow one(1)
building permit to be obtained prior to recordation of the plat and allowance for submittal of
Certificate of Zoning Compliance and Design Review applications for subsequent uses prior to
recordation of the plat.
A property boundary adjustment(A-2020-0115—ROS #12423)was approved in 2020 that created
the subject parcel(i.e. Parcel B)and the parcel to the east(i.e. Parcel A),which is currently under
development by the same developer with multi-family apartments. A final plat(FP-2023-0002)is
currently in process that includes the subject property.
While it's preferred that a subdivision plat is recorded prior to submittal of Certificate of Zoning
Compliance and Design Review applications and subsequent building permit applications to ensure
compliance with dimensional standards and construction of improvements for the overall site, it's not
a UDC requirement. Therefore, Staff is amenable to the request provided all of the required
street buffer landscaping along N.Eagle Rd./SH-55,including the 10-foot wide multi-use
pathway and pedestrian lighting; and the backage road along N.Eagle Rd./SH-55 from the
north to the south boundary,with connections to N.Eagle Rd./SH-55 and the development to
the east, are completed prior to issuance of the first Certificate of Occupancy within the
development. Staff has included these requirements as a provision of the amended DA in Section
VI.B (new provision#5.lh).
The Applicant also requests City Council approval of a reduction of the buffer requirement in the C-G
district to residential uses to the east from 25-feet to a minimum of 8-feet as allowed by UDC 11-3B-
9C.2 with notice to surrounding property owners. This reduction, if approved,would only apply if a
hotel develops on the site(i.e. development Option#2 in the DA). A reduction to the buffer width
does not affect building setbacks; all structures are required to be set back from the property line a
minimum of the buffer width required in the district.Note:If the property develops in accord with the
Option#1 conceptual development plan in the DA, the full 25 foot wide buffer will be provided.
A 7-foot wide perimeter landscape buffer is being provided on the property to the east along the
shared property line,which would result in a total buffer width of 15 feet if Council approves the
reduced buffer width proposed. A mix of trees(1 per 35 lineal feet) and shrubs are being provided
within the buffer as shown on the approved landscape plan in Section VI.C. With the perimeter
buffer,parking, a drive aisle and pedestrian walkway, a minimum of 75-feet is being provided
between the shared property line and the nearest residential structure to the east.
All buffers to residential uses are required to be comprised of,but not limited to, a mix of evergreen
and deciduous trees, shrubs, lawn, or other vegetative groundcover that results in a barrier that allows
trees to touch within five(5)years of planting. Trees that will not touch until maturity outside of this
timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs, or
other qualifying materials. Where proposed adjacent land uses cannot be adequately buffered with
plant material(s),the City may require inclusion of a wall, fence or other type of screen that mitigates
noise and/or unsightly uses. If a wall or fence at least 6-foot tall is provided,the planting requirement
may be reduced to a minimum of one (1)tree per 35 linear feet,plus shrubs, lawn, or other vegetative
ground cover.
There is a 10-foot wide pressure irrigation easement that runs along the eastern boundary of this site
Page 2
which may prohibit trees. If so, alternative compliance should be requested to the buffer material
standards listed in UDC 11-3B-9C.1.Staff recommends at least a portion of the required trees
be provided within the perimeter buffer on the adjacent property to the east resulting in a
barrier that allows trees to touch within five(5)years of planting to screen the residential uses
from the hotel; the remainder of the required trees could be planted elsewhere within the site.
Staff is of the opinion the reduced buffer width planted with extra trees that result in a barrier
combined with the distance to the nearest residential structures,provides an adequate buffer to the
future residential uses from the proposed commercial uses. If Council believes additional buffering
of the residential property is needed, a wall or fence at least 6-foot tall could be required on the
shared property line.
Development plan Options#1 and#2 in the DA, depict a north/south pathway within the perimeter
buffer along the eastern boundary of the site and pedestrian connections to the east to the multi-family
development(currently in the development process) at the north and south boundaries of the site.
Staff is of the opinion the pathway would be utilized more if it were located along the east side
of the main north/south drive aisle in the commercial portion of the development rather than on
the shared property line between the commercial and residential development. To better
accommodate the pathway in this location and the hotel site plan(i.e. Option#2), Staff
recommends a lesser buffer width of 5-feet is provided along the east boundary(totaling 12-feet
with the 7-foot wide buffer on the adjacent residential property)with a minimum 4-foot wide
sidewalk along the east side of the drive aisle. Staff further recommends decorative crosswalks
are provided across internal drive aisles where walkways are proposed for pedestrian safety.
Pedestrian walkways/connections should still be provided to the residential property to the east
at the north and south ends of the site as depicted on the concept plans in the DA. Staff
recommends changes to the DA accordingly(see Section VI.B).
V. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the DA with the changes noted in
Section VLB as discussed above in Section IV.
Page 3
VI. EXHIBITS
A. Existing Development Agreement Provisions:
4. USES PERMITTED BY THIS AGREEMENT., This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement,
4.1 The uses allowed pursuant to this Agreement are only those uses allowed as
permitted,conditional and/or accessory rases under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 The subject property shall no longer be subject to the terms of the Development
Agreement(DA)(Inst.#2022-065403, M DA-15-012) for Village Apartments and
shall instead be subject to a new agreement. The new DA shall be signed by the
property owner and returned to the Planning Division within six (b)months Of the
City Council granting approval oI'the amendment_ The spec ilie provisions For tine
new DA are as follows:
a. Development of this site shall he generally consistent with the conceptual
development plans approved by City Council and the conditions of approval
included in Section Vlll.A and include the following:
i. Specific details for the integrated plaza/open areas shall be provided
whit the first certificate of zoning compliance.The applicant can
relocate open space/plaza areas depicted on the plan with dirwor
approval once specific tenants are known.
ii. On concept plan option 1,some or all (if the buildings along the eastern
boundary may be rotated and/or relocated and a shared plaza area/green
space added to a more central lactation within the development for bet#er
integration, including a central pathway con nectiion to the open space
and front pad sites.
iii. If the site develops consistent with concept plan option 2, the applicant
shall Con strturt a 5-foot sidewalk on the east boundary and provide a
decorative crosswalk across the drive aisle ❑f the multi-family portion
of the development(SWC of the Village Apartments)to enhance
pedestrian connectivity.
Page 4
b. The subject property shall be subdivided prior to submittal of the first
Certificate of Zoning Compliance application for the site.
c. A 25-foot wide buffer shall be installed along the eastern boundary of the site
adjacent to the future residential uses,landscaped per the standards listed in
UDC 11-3B-9C, unless otherwise modified by City Council_Construction of
the buffer may take place with lot development.
d. Pedestrian connections shall be provided between the subject property and the
future residential development to the east, the commercial properties to the
north and south and to the multi-use pathway along N. Eagle RdJSH-55 in
accord with the approved pedestrian plans. Pedestrian walkways should be
distinguished from the vehicular driving surfaces through the use of pavers,
colored or scored concrete, or bricks in accord with UDC 11-3A-19B.4.
e. Traffic calming shall be provided within the site between the subject property
and the residential development to the east.
f. Provide trash enclosures within the development capable of housing containers
for bath solid waste and recyclable materials in accord with MCC 4-14.
g. City Council approved the request for a right-in/right-out access via N. Eagle
Rd.ISH-55 contingent upon final approval from ITD in accord with UDC I I-
3H-3.
Page 5
B. Proposed&Recommended Revisions to Development Agreement Provisions:
#5.1a.iii—if the site develops eeasistefA with eeneept plan optie ',*The applicant shall
construct a minimum 5-foot 4-foot wide sidewalk on along the east side of the north/south drive
aisle bowidafy through the site(instead of along the east boundary of the site as shown on
concept plan) and provide e-decorative crosswalks where pedestrian walkways cross
internal drive aisles. Pedestrian walkways shall be provided at the east boundary of the site to of
the multi-family portion of the development(NWC and SWC of the Village Apartments)to
enhance pedestrian connectivity.
#5.lb—The subject property shall be subdivided prior to sittal issuance of the fir-t second
building permit for the site; subsequent building
permit applications shall not be submitted until after the property is subdivided. Certificate of
Zoning Compliance and Design Review applications may be submitted and approved prior to
recordation of the plat.
#5.1c—A minimum 25-€eet 5-foot wide buffer shall be installed along the eastern boundary of
the site adjacent to the future residential uses as approved by City Council, landscaped per the
standards listed in UDC 11-3B-9C,unless otherwise modified by City Gouneil approved through
alternative compliance. Construction of the buffer may take place with lot development.
#5.lh—Prior to issuance of the first Certificate of Occupancy within the development, all of the
required street buffer landscaping along NEagle Rd./SH-55, including the 10-foot wide multi-
use pathway and pedestrian lighting; and the backage road along N. Eagle Rd./SH-55, from the
north to the south boundary with connections to N. Eagle Rd./SH-55 and the development to the
east, shall be completed.
Note:All other provisions remain the same; no other changes are proposed or recommended.
Page 6
C. Landscape Plan Approved for Village Apartments with A-2021-0231
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D. Proposed Site Plan(dated: 7/3/23)—Not Approved
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E. Proposed Landscape Plan(dated: July 10,2023)—Not Approved
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