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CORPORATION
October 8, 2024 (UP-DATED GRAPHICS)
C. Caleb Hood,Deputy Director
Community Development Services
Meridian City Hall
RE: Apex Zenith —Annexation, Rezoning, Development Agreement & Access Waiver
Dear Mr. Hood:
Apex Zenith, a regionally scaled mixed-use commercial, retail/service, and residential project located at
the southeast corner of Meridian Road and Lake Hazel Road will be the principal commercial component
of Brighton's Pinnacle community (see Attachments A &B, narrative pages 10& 11).
APEX NW
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APEX SE
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APEX ZENITH
The "First Step"
The Apex Zenith development process begins with rezoning and annexation applications, a new
development agreement, and arterial access waivers:
• Rezoning of the 71.7-acres annexed in 2016 from R-4 to C-G;
• South Meridian Annexation H-2015-0019;DA Instr. #2016-007072, recorded 0112712016
• Annexation of three parcels encompassing 77.71 acres with C-G &R-15 zoning;
• City Council approval of a new Development Agreement to supersede a portion of the DA noted
above, with a conceptual plan denoting land uses and transportation network.
• City Council approval of access waivers for the proposed Meridian Road and Lake Hazel Road
public street and private drive aisle intersections. (See Street and Drive Aisle graphic,page 6)
. . . followed by Property Boundary Adjustments to create the initial commercial building sites.
"Second Step"site planning and subdivision platting—encompassing the entire project—will follow the
PBA process (pgs. 4-6) through subsequent development applications and DA modification.
Page 1
CURRENT ZONING & COMPREHENSIVE PLAN FUTURE LAND USE MAP (FLUM)
Rezoning of property annexed by the City in 2016 (]"figure below)was anticipated by the DA, as was the
annexation and zoning of the adjoining parcels. We believe the proposed actions, including the limited-
area MU-R land-use designation `float" suggested and supported by staff, comply with the City's Future
Land Use Map (2"d figure). Thus, no FLUM modification is required or proposed.
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Page 2
ANNEXATION & ZONING
In 2016, the western half of Apex Zenith was zoned R-4 at annexation. It is now proposed to be rezoned
C-G in compliance with the Mixed Use—Regional land-use designation. Annexation of the eastern half is
proposed with C-G and R-15 zoning: The northern portion spanning the Rawson Canal (approximately 11
developable acres) will be zoned C-G, with remainder zoned R-15.
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APEX ZENITH - PROPOSED ZONING
Proposed zoning is generally depicted by the following (see accompanying legal descriptions):
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APEX ZENITH - AMENDED ZONING
Page 3
DEVELOPMENT AGREEMENT
The western half of Apex Zenith was one of four Brighton parcels subject to the DA executed by the
City's 2015 South Meridian annexation (H-2015-0019 DA; Brighton Investments, LLC — Parcel No. 1;
Instrument No. 2016-007072, Recorded 0112712016).
A "new"Apex Zenith development agreement—for a single mixed-use project encompassing the entire
MU-RG/MHDR Apex Zenith footprint—is proposed to supersede the existing DA by combining the
previously-annexed parcel with the three 77.71-acre annexation parcels. The Apex Zenith Land Use
Concept's proposed uses,intensities and densities will be the new DA's guide for the subsequent planning
process and subdivision platting approvals for the mixed-use project.
LAKE EL RR
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MEDICAL!OFFI
C-G Zoning
REGIONAL 100,000 S.F.
COMMERCIAL NAP
C-G Zoning ; -- m�-
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COMBINED BUILDING a MEDIUM-HIGH
C AREA:446y000 S.F. w DENSITY Lu
IL RESIDENTIAL Depicted internal _
z _ streets—Spire, Prevail &
oSPIR'EST _ Aristocrat—are public, —
subject to ACHD design I ,
0: BREAKDOWN
u, R-15 Zoningstandards and approval
� Big Box!Warehouse— O
346,000 S.F. Al
Gen Retail-100,000 S.F. a BREAKDOWN
Density:8-15 q,p.lac.
L` Jf Multi-family Units TBD in Future
TBD d Applications
ARISTOCRAT OR - -
ARISTOCRAT OR._, -
MI❑-M1;ILE COLLECTOR, O MILE COLLECrORi
III
APEX ZENITH LAND USE CONCEPT
OCTOBER 2024-SUBJECT TO CHANGE
REGIONAL COMMERCIAL /PROPERTY BOUNDARY ADJUSTMENT
The requested C-G rezoning of the western half of Apex Zenith, plus the limited MU-R `float" to the
east, will enable the permitting of the first significant commercial development to serve the Pinnacle
community,and surrounding area.Following annexation of the eastern half of the project,the five existing
parcels of record (listed below and graphically on the following page) will be modified through the
Property Boundary Adjustment(PBA)process to configure the site for the proposed uses (see PBA Parcel
Phasing exhibit, next page).
Previously annexed parcels: S 1406223153 & S 1406223014
Proposed annexation parcels: S 1406212601, S 1406212401 & S 1406244200
Page 4
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APEX ZENITH PARCELS
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Page 5
Approval of the rezoning and annexations applications, the new DA, and arterial access waiver—along
with the PBA modifications noted on the prior pages—achieves the primary development objective: The
creation of building sites for a regional commercial user (construction to begin in 2025 for a 2026 opening)
with `frontage"toward Meridian Road, and a medical facility oriented to Lake Hazel, as depicted.
LAKE 1AZEL RD
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MEDICAL
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REGIONAL •
REGIONAL
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"SECOND STEP" F
COMMERCIAL 1 RETAIL
MEDIUM & HIGH
DENSITY RESIDENTIAL _
(subject to approval of more
detailed development planning and
preliminary plat applications)
APEX ZENITH
PBA DEVELOPMENT PHASING PLAN
STREET SYSTEM & ACCESS WAIVERS
City Council waivers of UDC Sections 11-3A-3 & 11-3F-4A.2, as applicable, are requested for the
project-essential public and private drive aisle intersections depicted in this "First Step"graphic:
LAKE 11 AZEL RD
Ro
I i ACCESS \�
- ACCESS WAIVERQ
[I DRIVE(AISLE
✓'�'"�-- CONSTRUCTION
j a PHASE "All
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7 • private drive aisle W
CONSTRUCTION °�
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PROPOSED SIGNAL* J -
W —I (Intersections&signals depicted —
g as proposed in the TIS scope
RISTOCRAT DR ARISTOCRAT DR accepted by ITD and ACHD)
FULL ',j
ACCESS
APEX ZENITH
'"FIRST STEP" STREETS & DRIVEE AISLES
Page 6
The "SECOND STEP"
Detailed planning for the entirety of Apex Zenith will follow the "First Step"approvals. The MU-R &
MHDR designations are to be combined, and designated as a single mixed-use project—by development
agreement—as noted in the page 4 discussion.
The "Second Step"will focus on the implementation of the Comprehensive Plan's Mixed Use Regional
principles, including the following, directly from pages 3-22 and 3-23:
PURPOSE
"The purpose of this designation is to provide a mix of employment, retail, residential dwellings, and
public uses near major arterial intersections. "
OBJECTIVE
"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.
GOALS (underline emphasizes the Comprehensive Plan's `guiding vision"—not absolutes)
"Residential uses are expected to comprise between 10%and 30%of the development area, with
gross densities ranging from 6 to 40 units/acre (of the residential area). "
"The minimum for non-retail commercial uses such as light-office, office, clean industry, or
entertainment uses, is 20%of the mixed use area. "
"Retail commercial uses should comprise a maximum of 50% of the development area. "
The "Second Step" integration of commercial / retail, service, employment, civic, and residential uses
will be applied over the entire Apex Zenith mixed-use footprint, as memorialized in the development
agreement, taking into consideration the following:
• Retail commercial as the predominant use for the western half of the project.
• The C-G zone 'float, "spanning the Rawson Canal, featuring medical/professional uses.
• The MHDR R-15-zoned area comprising approximately 40%of the project. Densities of the future
medium- and high-density residential projects will range from 8 to 15 units per acre within that
zone, and substantially greater densities yet to be determined within the C-G zone.
• Open space, arterial and collector landscape buffers, amenities,plazas, and public spaces.
• Retail/non-retail commercial use and residential density variations to the mixed-use standards.
• Project Design Elements—a "Second step" activity—will be addressed in a project-specific
Design Guidelines document detailing use standards, site design, landscape/hadscape elements,
signage, and building architecture.
• Pedestrian/pathway systems, beginning with the concept on the following page, will be expanded
by internal pedestrian connections determined during the "Second Step"site planning process.
Page 7
LAKE; EL RD
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10' asphalt multi-use path
(Internal pedestrian connections TBD in the
"Second Step"planning process) Ili
APEX ZENITH PEDESTRIAN PLAN
OCTOBER 2024-SUBJECT TO CHANGE
• Public infrastructure:
o ITD and ACHD transportation system (See "First Step"Street and Drive Aisle graphic,page
6 for internal project roadway improvement phasing)
• When ITD acquired additional Highway 69 right-of-way in 1998 (Instrument No.
98110535, recorded November 17, 1998) the conveyance granted "...three points of access
to be located on the right(easterly) side...of said Highway.... "
• The TIS process has been initiated with ITD and ACHD based on the commercial and
residential land uses and transportation system and intersections depicted in the Land Use
Concept on page 4. That includes two of the three Highway 69 accesses granted by ITD
south of Lake Hazel: A right-in/right-out/left-in 1/4 mile south; and a right-in/right-out
approximately 1/8 mile south. (Street and Drive Aisle graphic,page 6)
• Further,through ACHD's CDA process, Brighton is currently improving Lake Hazel Road
to its full five-lane build-out from Locust Grove to Meridian Road/SH 69 with two
accesses:A right-in/right-out at the 1/8th mile, and a full access at the 1/4 mile.
Completion: October 2024. (Street and Drive Aisle graphic,page 6)
• Construction plans for the first phase of Aristocrat Drive, the mid-mile collector along the
project's south boundary have been completed, reviewed, and approved by both ACHD
and ITD. The TIS specifically notes the proposed signalization of that full-access
intersection in the future.
Page 8
o Utility systems
• Water and sewer system improvements required for the development of Apex Zenith, and
surrounding properties, have been completed in conjunction with the Lake Hazel Road
CDA. Both were sized to the City's long-term system planning requirements.
IN CONCLUSION
Based on the foregoing, we respectfully request approval of Apex Zenith's "First Step" applications,
development agreement, and access waivers.
Specifically . . .
• Rezoning of the previously-annexed 71.7-acre property from R-4 to C-G.
• Annexation and zoning of an additional 77.71 acres with C-G and R-15 zoning.
o Total combined C-G zoning: 90.63 acres(to Meridian Road and Lake Hazel Road centerlines).
o Total R-15 zoning: 58.52 acres.
• City Council approval of the development agreement for a mixed-use project covering the entire
141.66-acre* site.
o *Legal description to property line (excludes Meridian Road and Lake Hazel Road ROW).
• City Council approval of access waivers for the proposed Meridian Road and Lake Hazel Road
public street and private drive aisle intersections.
. . . to be followed immediately by the PBA process discussed on pages 4-6.
If you or your staff have questions, or require additional information, please let me know for expedited
response.
For Brighton Development,Inc.
Jonathan D. Wardle, President
Attachments: A— The Pinnacle Community
B —Apex Zenith
Page 9
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