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CC- Staff ReportEXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 1 STAFF REPORT HEARING DATE: July 19, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Harmony Hills Assisted Living – MDA H-2016-0061 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Derk Pardoe, requests a modification to the existing development agreement (MDA) for the purposes of incorporating a new concept plan, building elevations and modifying certain provisions of the development agreement. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. The Meridian City Council heard these items on September 18, 2012. At the public hearing, the Council approved the subject CPAM, AZ, and PP requests. a. Summary of City Council Public Hearing: i. In favor: Brent Barfus ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0061 as presented in the staff report for the hearing date of July 19, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0061 as presented during the hearing on July 19, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0061 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of W. Overland Road, west of S. Stoddard Road in the southwest ¼ of Section 13, Township 3 North, Range 1 West. (Parcel #’s R4885160020, EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 2 R4885160030, R4885160040, R4885160050, R4885160062, R4885160070, R4885160080 and R4885160090) B. Owner/Applicant: Derk Pardoe 3454 Stone Mountain Lane Sandy, UT 84072 C. Representative: Brian Carlisle, The Richardson Design Partnership, LLC 510 South 600 East Salt Lake City, UT 84102 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 6, and June 20, 2016 C. Radius notices mailed to properties within 300 feet on: June 2, 2016 D. Applicant posted notice on site by: July 5, 2016 VI. LAND USE A. Existing Land Use(s): A portion of the site is currently being developed with 190 unit apartment complex. A portion of the site remains vacant along the Interstate and the W. Overland Road. B. Adjacent Land Use and Zoning: 1. North: I-84 2. East: Western Electronics Building and University of Phoenix, zoned I-L and C-G 3. South: Overland Road and Sagewood Subdivision (currently under construction), zoned L-O and R- 8 4. West: Vacant industrial property, zoned I-L (Future site of recently approved Bish’s RV Sales) C. History of Previous Actions:  In 2001, the property received a conditional use permit/planned unit development approval (CUP- 01-009), under the name of Treasure Valley Technical Center, which allowed for daycare, office, retail and industrial uses. As part of that approval a conceptual site plan was approved and any future daycare, office and retail uses require conditional use permit approval.  In 2007, a preliminary plat and final plat (PP-07-013 and FP-07-036) was approved for the 26 +/- acre portion of the site to the north and west of Western Electronics that consisted of 11 building lots and 2 common lots.  In 2008, the property received comprehensive map amendment and rezone (CPA-08-005 and RZ- 08-003) approval to change the land use from industrial to commercial and rezone the property from the I-L zone to the C-G zone. With the rezone of the property, the City required a development agreement (DA) that recorded as instrument #108119853. The recorded DA requires compliance with a specific concept plan and building elevations. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 3  In 2014, the property received approval to modify the development agreement #108119853 (MDA- 14-003) to develop the property as a mixed use development consisting of office, multi-family and retail uses. The subject DA recorded as Instrument #114034780. VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved in 2014 (Instrument #114034780). The approved concept plan depicts a mixed-use development consisting of three (3) retail buildings ranging in size between 7,000 square feet and 11,250 square feet adjacent to Overland Road, 180-unit multi-family development and a single office pad site adjacent to Interstate I-84. A conditional use permit for the multi-family portion of the site has been granted and is currently developing with a 190 unit apartment complex. The applicant now desires to amend the approved concept plan in order to develop a nursing care facility. The new concept plan depicts a 48,000 square foot nursing care facility, two (2) 7,000 square foot retail buildings, 190 unit apartment complex and future office pad site. The proposed concept plan also illustrates access to the development, site layout, parking and site circulation. It is important to note the property to the west has been approved to develop with a vehicle sales facility (Bish’s RV). The recorded plat approved an access to W. Overland Road and annotates cross access to said property. The submitted concept plan was revised to allow the interconnectivity. Staff has concerns with recreational vehicles using the shared access. With the approval of the Bish’s RV Sales Facility, the applicant was approved an access to Overland Road, farther to the west. Staff encourages the applicant to coordinate with the adjacent property owner to clearly delineate that the shared driveway is to be used as a vehicle sales entrance only and the western most driveway is to be used as a service entrance to minimize conflicts between the two uses. In conjunction with the concept plan, the applicant has also submitted architectural elevations for the assisted living facility. The submitted elevations incorporate the following building materials: stone wainscot, a mix of wood siding, variations in the wall planes and rooflines and decorative corbels. In general staff is supportive of the submitted elevations however; final design is subject to the design standards set forth in UDC 11-3A-19 and the Architectural Standards Manual. With a recent update to the Unified Development Code (UDC), nursing care facilities are now allowed through the approval of a conditional use permit; it was a prohibited use with the previous development agreement modification. NOTE: A separate CUP application has been processed and is scheduled to be heard by the Planning and Zoning Commission at their August 4th hearing. DA Modification: In general, staff is supportive of the concept plan, building square footages and design concepts proposed with the subject application. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications (NOTE: The recorded development agreement for this property recorded with the incorrect DA provisions. To correct the discrepancy, Staff has included the new DA provisions, modified provisions and the original DA provisions that were required to be included in the amended DA: 1. Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 4 2. Other than the one (1) previously approved access to Overland Road (PP-07-013), direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 3. The applicant shall provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat (FP-07-036). 4. Any future multi-family use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27. 5. Sanitary sewer service to the Kennedy Commercial development is currently being accomplished via a temporary lift station which pumps to a discharge manhole in Overland Road. It shall be the responsibility of this developer to commission a study of the lift station capacity, and make any upgrades that are needed to accommodate this new proposal. 6. A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 7. Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan 4. Approved Elevations 5. Proposed Elevations 6. Proposed Change to the Development Agreement EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 5 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 6 Exhibit A.2: Approved Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 7 Exhibit A.3: Proposed Concept Plan EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 8 Exhibit A.4: Approved Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 9 Exhibit A.5: Proposed Building Elevations EXHIBIT A Harmony Hills Assisted Living – MDA H-2016-0061 10 Exhibit A.6: Proposed Changes to the Development Agreement (The changes below represent the modified changes to the amended development agreement. DA provisions 5.1.2, 5.1.3 and the addition of 5.1.6 represent the changes City Council approved with the MDA Findings for file # MDA-14-003. These DA provisions were never incorporated into the recorded DA. Staff is correcting the error with the subject application.) 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Development of the property shall substantially comply with the concept plan and building elevations attached in Exhibit A.3 and A.5 and the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 5.1.2 Other than the one (1) previously approved access to Overland Road (PP-07-013), direct lot access to Overland Road is prohibited unless waived by City Council in accord with UDC 11-3A-3. 5.1.3 The applicant shall provide cross access to the property to the west (Parcel #S1213336006) through the retail portion of the development as depicted on the Kennedy Commercial Center Subdivision Final Plat (FP-07-036). A copy of the recorded cross access agreement shall be submitted with the first certificate of zoning compliance application for the retail portion of the development. 5.1.6 A 25’ wide landscape buffer between uses shall be constructed along the western boundary of this property adjacent to the residential portion of the development. The buffer shall be constructed in accord with UDC 11-3B-9 and is intended to eliminate the need for the existing industrial zoned property to the west (Parcel #S1213336006) to construct a land use buffer. 5.1.7 Any nursing care facility use on the site must obtain approval of a conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-29.