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CC - Updated Staff Report for 11-23 Page 1 HEARING DATE: 11/23/2021 Continued from 9/28/21 and 10/19/21 TO: Mayor & City Council FROAM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2021-0059 Regency at River Valley Phase 3 LOCATION: 3270 & 3280 E. River Valley St. & 2480 N. Eagle Rd., in the NW ¼ of Section 4, Township 3N., Range 1E. I. PROJECT DESCRIPTION Modification to the existing Development Agreements (AZ-12-010, Inst. #113005608 – SGI; and H- 2019-0121, Inst. #2020-062947 – Bach Storage) to remove the subject property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project (i.e. Regency at River Valley Phase 3). II. SUMMARY OF REPORT A. Applicant: Brian Carlisle, Bach Homes – 11650 State St., Ste. 300, Draper, UT 84020 B. Owner: Shon Rindlisbacher, Bach Homes – 11650 S. State Street, Draper, UT 84020 C. Representative: Same as Applicant III. STAFF ANALYSIS The existing Development Agreements for the subject property requires the northern portion of the site to develop with a self-service storage facility (Bach Storage) and the southern portion with a 10,150 square foot multi-tenant retail store (Option A) or a 2,879 square foot restaurant with a drive-through (Option B) (SGI). The Applicant proposes to replace both of those DA’s with one (1) new DA for the subject property with a new conceptual development plan. A multi-family development is proposed to develop on the site consisting of 134 apartment units on 2.57 acres of land in the C-C and C-G zoning districts. A mix STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 of studio, 1- and 2-bedroom units are proposed at a gross density of 52 units per acre. The multi-family structure is proposed to be 5-stories tall with parking and an entry lobby on the first floor. Off-street parking will be required per the standards listed in UDC Table 11-3C-6 for multi-family developments. Qualified open space will be required per the standards listed in UDC 11 -4-3-27C; in phased developments such as this, common open space is required to be provided in each phase consistent with the requirements for the size & number of dwelling units. Common open space and site amenities are proposed to be shared between all phases of Regency at River Valley. Compliance with the specific use standards listed in UDC 11-4-3-27 for multi-family developments is required and will be reviewed with the conditional use permit application. Adjustments may be necessary to the concept plan to comply with these standards. A subsequent conditional use permit (CUP) application is required to be submitted and approved for the proposed multi-family development in the C-C and C-G zoning districts. Development is subject to the specific use standards listed in UDC 11-4-3-27 for multi-family developments. A detailed review will take place with the CUP application to determine consistency with the specific use standards and other UDC standards. High density residential (i.e. apartments) uses are desired in the Mixed Use – Regional Future Land Use Map (FLUM) designation especially when located adjacent to SH-55/Eagle Rd. and employment destination centers such as those along the Eagle Road corridor. The proposed development will be a third phase of the existing apartments to the east (i.e. Regency at River Valley) and will contribute to the mix of commercial (retail, restaurants, etc.), office and civic (Kleiner Park, Senior Center) uses in the area. For this reason, Staff is supportive of the proposed DA modification and has included recommended provisions for the new DA in Section VI. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed by the Applicant. B. The Meridian City Council heard this item on October 19, 2021. At the public hearing, the Council moved to continue the subject MDA request to November 23, 2021. 1. Summary of the City Council public hearing: a. In favor: Brandon Whallon, Bach Homes b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Caleb Hood f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. Multi-family use along Eagle Road; entitlement process; open space and amenity provisions; school impacts; sharing of amenities and open space from previous phases and how that works; traffic flow, vehicular access/cross-access; and DA modification for the property to the east. 4. City Council change(s) to Staff recommendation: a. None Page 3 V. EXHIBITS A. Existing Approved Conceptual Development Plans (dated: 12/13/18) SGI Approved Option A or B Page 4 Bach Storage Approved Conceptual Development Plan Page 5 B. Proposed Conceptual Development Plan Page 6 C. Legal Description for Property Subject to New Development Agreement Page 7 Page 8 Page 9 VI. DEVELOPMENT AGREEMENT PROVISIONS 1. Development of the subject property shall no longer be subject to the terms of the Development Agreements for Bach Storage (H-2019-0121, Inst. #2020-062947) and SGI (AZ-12-010, Inst. #113005608). 2. Development of the subject property shall be generally consistent with the conceptual development plan shown in Section V.B. 3. Direct access to the site via N. Eagle Rd./SH-55 is prohibited per UDC 11-3H-4B.2. 4. A cross-access easement shall be granted to the properties to the north (Parcel #S1104233802), east (Parcel #R0748300100) and south (Parcel #R7476320010) for access via E. River Valley Street. A copy of the recorded easements shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for this site. 5. A 10-foot wide multi-use pathway shall be constructed along N. Eagle Rd. and E. River Valley St. within a public use easement; pedestrian lighting and landscaping shall be installed along the pathway consistent with the Eagle Road Corridor Study per the standards listed in UDC 11-3H- 4C.3. 6. A public pedestrian easement for the multi-use pathway shall be submitted to the City, approved by City Council, and recorded prior to issuance of the first Certificate of Occupancy on this site as set forth in UDC 11-3H-4C.3. 7. Future development shall comply with the design standards listed in the Architectural Standards Manual. 8. A conditional use permit is required to be submitted and approved by the Planning and Zoning Commission for the proposed multi-family development in the C-C and C-G zoning districts as set forth in UDC Table 11-2B-2. The proposed use is subject to the specific use standards listed in UDC 11-4-3-27 Multi-Family Development. 9. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s).