CC - Staff Report 1-28
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HEARING
DATE:
1/28/2020
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: Village Apartments
H-2019-0144
LOCATION: 2600 N. Eagle Rd.
(NW ¼ of Section 4, T.3N., R.1E –
Parcel #S1104233712)
I. PROJECT DESCRIPTION
The Applicant requests a two (2) year time extension on the previously approved conditional use
permit (CUP-15-019) for a 336 unit multi-family development on 16.68 acres of land in the C-G
zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 16.68
Future Land Use Designation MU-R (Mixed Use – Regional)
Existing Land Use(s) Vacant/undeveloped land
Proposed Land Use(s) Multi-family residential development
Number of Residential Units (type
of units)
336 (apartments)
Density (gross & net) 29.5 gross
Open Space (acres, total
[%]/buffer/qualified)
1.92 acres (12%)
Amenities Clubhouse, fitness facility, swimming pool, children’s play
structure, enclosed bicycle storage for 60 bicycles in
clubhouse, a bicycle repair area plus 2 additional amenities
from the open space category.
Physical Features (waterways,
hazards, flood plain, hillside)
The Milk Lateral crosses the northeast corner of the site
and the Finch Lateral runs along the southwest corner of
the site.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Page 2
Description Details Page
Neighborhood meeting date; # of
attendees:
12/4/2019; 2 attendees
History (previous approvals) PBA-14-005 (ROS #9983); AZ-15-011 & MDA-15-012
(DA #2017-121321); CUP-15-019 (MFR 336 units); A-
2017-0277 (CUP TED exp. 12/15/19)
B. Project Area Maps
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
GFI – Meridian Investments, LLC – 74 East 500 South, Ste. 200, Bountiful, UT 84010
B. Owner:
Same as Applicant
C. Representative:
Stephanie Leonard, KM Engineering – 9233 W. State Street, Boise, ID 83714
IV. NOTICING
City Council
Posting Date
Notification published in
newspaper 1/10/2020
Radius notification mailed to
property owners within 300 feet 1/7/2020
Applicant posted public hearing
notice sign on site 1/13/2020
Nextdoor posting 1/7/2020
V. STAFF ANALYSIS
The conditional use permit (CUP-15-019) for this development was approved on December 15, 2015
and was set to expire on December 15, 2017. An administrative time extension (A-2017-0277) was
requested and approved prior to the expiration date that allowed an additional two (2) year period of
time (until December 15, 2019) in which to commence the use in accord with the provisions in UDC
11-5B-6F.
The Applicant now requests an additional two (2) year time extension to commence the approved use.
The reason for the request is to finalize the site configuration and building layout to improve
circulation and pedestrian/vehicular connectivity as set forth in the Comprehensive Plan and the
UDC; a subsequent modification to the CUP for the reconfiguration is likely. The Applicant’s
narrative states they plan to commence the use as soon as possible (see Applicant’s narrative for more
information).
With all extensions, the decision making body may require compliance with the current provisions of
the UDC. Approval of requests for time extension to an approved conditional use shall be determined
by the decision making body at a public hearing and will not be granted if any of the following
conditions exist:
a. Significant amendments to the comprehensive plan or unified development code have been
adopted that change the basis under which the conditional use permit was granted.
b. Significant changes in land use have occurred in the area that will impact or be impacted by
the project.
c. Hazardous conditions have developed or have been discovered that will impact the project.
d. Community facilities and services are no longer adequate to serve the project.
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The Commission may place additional requirements, modify the previous approval or deny the
request.
While no significant amendments to the Comprehensive Plan or Unified Development Code have
been adopted that would change the basis under which the CUP was granted, access is an issue in this
area for uses along State Highway (SH) 55/Eagle Rd. The UDC (11-3H-4B-3) requires construction
of a street, generally paralleling the state highway, to provide future connectivity and access to all
properties fronting the state highway that lie between the Applicant’s property and the nearest section
line road and/or half mile collector road for future connectivity and access.
A temporary access via SH-55/Eagle Rd. was granted to the property to the south (Parcel
#S1104233802, Great Wall restaurant) in 2008 and allowed to continue until such time as the
properties to the south develop and a driveway is constructed from the Great Wall property to E.
River Valley St. At such time, the temporary access is required to be removed and all access is
required to be provided via River Valley St. and direct access via Eagle Rd. will be prohibited (VAR-
08-004 & CUP-08-022). No requirement to continue that backage road to the north, to the subject
site, was required at that time. Likewise, the subject property was not previously required to grant a
cross-access easement or construct a vehicular crossing over the Finch Lateral (at the south boundary
of this site) in order for the backage road to continue. With removal of the Great Wall access, a
backage road will be crucial in this area, for properties both north and south of the Finch Lateral.
Staff discussed this issue with the Applicant’s representative and the Applicant plans to construct a
private backage road on the subject property with a vehicular crossing over the Finch Lateral with
development of the commercial portion of their site that fronts on SH-55/Eagle Rd. They also agree to
grant a cross-access easement to the property to the south (Parcel #S1104233802, Great Wall). To
memorialize this proposal and ensure an access easement is granted and a backage road is constructed
in the future in accord with UDC 11-3H-4B.3, Staff recommends conditions of approval to that effect
are added to the subject time extension with associated timing requirements as agreed upon by the
Applicant (see Section VIII). Note: A condition of approval of CUP-15-019 requires cross-
access/ingress-egress easements to be granted to the properties to the north (Parcel #R8048310100
Eagle Commons-McGill LLC & #R8803510200 CAI Family Investments LLC) and to the south
(Parcel #R0748300210 fka #S1104233940, Regency at River Valley); copies of the recorded
easements are required to be submitted with the first Certificate of Zoning Compliance application
for this site.
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VI. DECISION
A. Staff:
Staff recommends approval of the proposed 2-year time extension in order to commence the use
approved with the conditional use permit to expire on December 15, 2021 with the added
provisions in Section VIII.
Backage
road
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VII. EXHIBITS
A. Approved Site Plan (dated: 7/24/15)
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B. Approved Landscape Plan (date: 11/14/2017)
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C. Approved Building Elevations
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VIII. CONDITIONS
1. The Applicant shall commence the use approved with CUP-15-019 in accord with the provisions
in UDC 11-5B-6F.1 by December 15, 2021; or, apply for a time extension as set forth in UDC
11-5B-6F.
2. The Applicant shall grant a cross-access/ingress-egress easement to the property to the south
[Parcel #S1104233802 – QQ & WW LLP (Great Wall)] and construct a private backage road
from the north to the south boundary of the subject property in general alignment with existing
driveways as set forth in UDC 11-3H-4B.3 for developments adjacent to State Highway 55, prior
to issuance of the first Certificate of Occupancy in the commercial/retail portion of the
development. A recorded copy of the easement shall be submitted to the Planning Division.