CC - Staff Report 12-7 E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING ' 'in�T 12/7/2021 H�EEI�P q�HHt
DATE: Project Location �!
Legend
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TO: Mayor&City Council � �,�—�
zR_g _ �ER 4.
FROAM: Joseph Dodson,Associate Planner R-IS-
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208-884-5533 RUT R-1:,5 � -
SUBJECT: H-2021-0072 - C-N L-4
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Settlers Square MDA [RUT '% C2
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LOCATION: The site is located on the northwest � u RUT R R lf$
corner of W. Ustick Road and N. ® R'-8�® _
Venable Avenue, adjacent to the mid- ® RUT RUT R- L
mile mark between Linder Road and N
Meridian Road in the SE 1/4 of the SW '/4 �R$4
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of Section 36,Township 4N.,Range 1 W. RUT
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I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(Inst. #2016-097989) for the purpose of
replacing the previous agreement with a new one to incorporate a new concept plan consisting of
commercial and residential uses.
NOTE: The Applicant has submitted revised concept plans and narrative leading to Staff changing its
recommendation for denial to approval based on the changes to the proposed concept plan. Analysis
has been updated in a strike-through and underline format below.
II. SUMMARY OF REPORT
A. Applicant:
Joshua Beach,Brighton Development,Inc.—2929 W.Navigator Drive, Suite 400,Meridian, ID
83642
B. Owner:
Brighton Development, Inc.— 11650 S. State Street,Draper,UT 84020
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The existing Development Agreement (DA) for the subject property requires the entire site to be
developed with commercial and office uses and incorporates two private roads through the
development; one north-south road and one east-west. In 2016, Council approved a DA Modification
for this site to change the internal roads from public roads to private streets. There are existing DA
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provisions regarding the desired placement of buildings along Ustick and the desired integration of
pedestrian facilities throughout the site for safe pedestrian circulation that Staff finds imperative to keep
within the DA to assist in compliance with mixed-use policies and the desired site design.
The Applicant proposes to replace the existing DA with a new one for the purpose of incorporating a
new conceptual development plan. A multi-family development is proposed to develop on the north
half of the site consisting of approximately 60 apartment units,according to the submitted concept plan.
Per the submitted plan and conceptual elevations,the apartment units are proposed as townhome style
units in the form of two-story 3-plexes and 4-plexes with ea-eh most units having a front-loaded garage
and parking pad;the revised concept plan shows the central units as alley-loaded with some of the units
now fronting on the east-west street between the proposed residential area and the commercial area
shown to remain. In addition, the submitted eeneeptual development plan depiets the east west st
shown on the existing coneept plan as remaining but appears to be a publie road this east west road
eonneets to Venable on the east boundary as the .oint for the site and also provides future
eoi+neetivitt,to the west should the adjaeeat property r-edevelop in the AA-Hf-e-. In addition,this east-west
street is also shown as remaining from the conceptual plan in the existing DA but is now shown as a
drive aisle instead of a public street.Staff supports this change to o the plan because it offers the Applicant
the opportunity to provide bulb-outs for dedicated on-street parking and street trees to provide an urban
canopy proposed on the revised concept plan. The revised concept plan also shows additional
pedestrian facilities within the residential portion of the site, detached sidewalks along the east-west
drive aisle, and a shared plaza. The additional pedestrian facilities and the overall revisions to the site
plan add more pedestrian connectivity between the proposed commercial and residential uses and offers
safer circulation for pedestrians moving throughout the site. Staff can better support the revised
concept plan with the revisions shown.
Furthermore,-In addition, the public street stubbed to the north property boundary is shown as
terminating within the site as part of the multi-family drive aisles instead of continuing through the site
and connecting to Ustick Road. _-hie' eeneems Staff (4*t e analysis is bete T` Therefore, no
connection to Ustick is proposed either via public street or commercial drive aisle with the new
conceptual development plan. FtH:theFmer-e, a In addition, this Applicant has agreed to provide cross-
access to the remainingc ounty zoned parcel at the very southwest corner property boundary of this site
for future pedestrian and vehicular connectivity.This connection to Ustick would align with an existing
access on the south side of Ustick and provide both projects an access point to Ustick—Staff finds it
important to have this cross-access connection because of the opportunity to provide easier access to
the future commercial uses on this subject site and help disperse traffic from both projects onto Ustick
by having a second connection to Ustick beyond that of only Venable. As noted above, Staff can
better support this revised concept plan and has proposed recommended DA provisions in line
with the revised concept plan and need for cross-access to the west.
A rezone application has not been submitted so the proposed multi-family use in the existing C-C
zoning district will require conditional use permit (CUP) approval. Staff would analyze specific
development criteria and specific use standards at the time of the CUP submittal.
Off-street parking would be required per the standards listed in UDC Table 11-3C-6 for multi-family
developments. Qualified open space would also be required, per the standards listed in UDC 11-4-3-
27C. Compliance with the specific use standards listed in UDC 11-4-3-27 for multi-family
developments is required and would be reviewed with the CUP application. Adjustments may be
necessary to the concept plan to comply with these standards and any ACHD required revisions.
The subject site is part of a Mixed-Use Community(MU-C)future land use area—this designation calls
for a mix of residential and commercial land uses that are thoughtfully integrated. One of the reasons
the Applicant has stated for requesting this DA Modification is the subject site has sat vacant in its
current configuration and entitlements for over a decade. The Applicant's revised narrative sheds
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additional light on the history of this parcel, the intention of the future land use designation, and the
Applicant's justification to modify the concept plan to include multi-family residential and reduce the
commercial area at this mid-mile location.Within this MU-C area,detached single-family,apartments,
office/retail,and Civic uses are existing and planned(future land use designations are not parcel specific
so an area of the baseball fields in Settlers Park are within this MU-C area). There is existing multi-
family directly south of the subject site on the south side of Ustick; additional multi-family is approved
at the southeast corner of the Venable and Ustick intersection. Directly to the east is a relatively small
office park with five(5)buildings and is the only commercial component in this MU-C area. Because
of the multi-family development on the south side of Ustick,this may be the only area that could
develop with neighborhood serving commercial uses. During the review of the Summertown
project (SEC of Venable and Ustick), staff did forego recommending a commercial component
as part of that project because this property was already zoned for commercial and Staff was in
favor of preserving this property for future commercial uses.
Although the proposed development would be a new type of residential in this area (townhome
style instead of tFaditional gaFden style walk Up ftpfftments), the submitted eoneept plan laelis
many of the design eoneepts shown and outlined in the eomprehensive plan for-mixed use areas.
1H geReFfil,the futu . d area is being redueed while increasing the residential area a
its impaet in this aFea of the City with little to no neighbOFhOod seFving eommeFeial uses. At a-
minimum, the following mixed use polieies are not met with the proposed plan whereas the
existing one does eomply: With the Applicant's revised narrative and concept plans, Staff finds
the following mixed-use policies are better satisfied with the subject project and surrounding
area:
• Mixed use areas should be centered around spaces that are well-designed public and quasi-
public centers of activity. Spaces should be activated and incorporate permanent design
elements and amenities that foster a wide variety of interests ranging from leisure to play.These
areas should be thoughtfully integrated into the development and further placemaking
opportunities considered. Staff does notfind Me j9poposed eofteeps 191an meets this poUey-ffs
thaughyWl integration of the mix-of it in the pfVosed eoneept
..Z.en eontp- ared to she,. ,ems,,.. a ..7.. ,.s„an
• Supportive and proportional public and/or quasi-public spaces and places including but not
limited to parks,plazas, outdoor gathering areas,open space, libraries, and schools that
comprise a minimum of 5%of the development area are required. Outdoor seating areas at
restaurants do not count towards this requirement.Based on the submitted eoneeptplan,
them am not eneWh detai&to show eomp&nee i4M this plan. The pmposed muhi family
resk4endal area affear-s to be isolated and no shared aiwas are shmm, as noted in this
,poUe:p.
• All mixed use projects should be accessible to adjacent neighborhoods by both vehicles and
pedestrians. Pedestrian circulation should be convenient and interconnect different land use
types. Vehicle connectivity should not rely on arterial streets for neighborhood access.
development to get to the eommemial whiek eouk4feree them to Wgize Venablefor ease of
aeees-s-,fur4her-redmeing aeeessibih&for this mixed use area-. FuPM&wtotw, them are
saiwY.
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• A mixed use project should include at least three types of land uses. Exceptions may be
granted for smaller sites on a case-by-case basis. This land use is not intended for high
density residential development alone.As noted-, of eaeh mixed use projeet is intended t
ppovide at least thpee types of land tfses-. However-, with the ex4sting and apppoved
deveMpment in this AlU G amaj, a vast majopity of the a"a will be medium and high
Over-ail> Staff is eoneeFned the PFOPosed plan is more Fesidentially foeused,
Wks integFatiOn
with the commercial aFea,and does not comply with the mixed use policies in the comprehensive
plan.FOF the reasons and COHCeFnS noted,Staff is not supportive of the proposed DA modification-
and has r-eeommended denial of the Fequest.
Overall, with the Applicant's revised concept plan, color rendering, and additional context
provided within the revised narrative, Staff finds the project now complies with a majority of the
mixed-use policies, provides new housing types within this area for residents of different income
levels and housing preferences,and provides adequate cross-access between parcels to relieve the
stress on the arterial street system.
IV. DECISION
A. Staff:
Staff meommends denial of the modifieation to the DA as proposed by the Applicant and finds the
�ept plan and DA provisions are better- suited to addFess development of the s4fe-C4
Staff recommends approval of the modification to the DA pursuant to the recommended provisions
in Section VI of this report.
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V. EXHIBITS
A. Approved Conceptual Development Plans(dated: October 2016)
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B. Proposed Conceptual Development Plan(dated:November 2021)
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C. Conceptual Development Wan Rendering and Elevations (dated: 9 '^��n0/2021 November 2021)
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September 20, 2021
Page 3
EXHIBITA
Conceptual Architectural Elevations
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D. Legal Description for Property Subject to Development Agreement
Legal Description:
Parcel I:
The South 660 feet of the East one-half of the East one-half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,
Boise Meridian,Ada County,Idaho.
Except the East 29 feet.
Further Except:
A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise
Meridian,Ada County,Idaho,more particularly described as follows:
Beginning at an iron pin marking the Southwest comer of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence,along the
South section line of said Section 36,also being the center line of Ustick Road
South 88°44'00"East2662,19 feet to an iron pin marking the South quarter corner of said Section 36;thence,leaving said South section
line,and along the North-South center quarter section line of said Section 36
North 0°26'40"East 25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence,
leaving said North right-of-way line,and continuing along said North-South center quarter section line
North 0°26'40"East 639.49 feet to a point;thence,leaving said North-South center quarter section line
North 88°50'42"West 84.71 feet to an iron pin;thence
South 1°31'09"West 639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line
South 88'44'00"East 96.71 feet to the Real Point of Beginning.
Further Excepting:
A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records
of Ada County,Idaho.
Parcel II:
A parcel of land located in the East half of the East half of the Southwest quarter of Section 36,Township 4 North,Range 1 West,Boise
Meridian,Ada County,Idaho,more particularly described as follows:
Beginning at an iron pin marking the Southwest corner of Section 36,Township 4 North,Range 1 West,Boise Meridian;thence along the
South section fine of said Section 36,also being the center line of Ustick Road
South 88°44'00"East,2662.19 feet to an iron pin marking the South quarter corner of said Section 36;thence leaving said South section
line,and along the North-South center quarter
section line of said Section 36
North 0°26'40"East,25.00 feet to a point on the North right-of-way line of said Ustick Road,also being the Real Point of Beginning;thence
leaving said North right-of-way line,and continuing along said North-South center quarter section line
North 0°26'40"East,639.49 feet to a point;thence leaving said North-South center quarter section line
North 88°50'42"West,84.71 feet to an iron pin;thence
South 1°31'09"West,639.26 feet to an iron pin on the said North right-of-way line;thence along said North right-of-way line
South 88°44'00"East,96.71 feet to the Real Point of Beginning.
Except:
A parcel of land disclosed in Warranty Deed to Ada County Highway District recorded April 9,2010 as Instrument No.110032208,records
of Ada County,Idaho,
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VI. PLANING DIVISION COMMENTS
A. Development Agreement Provisions
I. Development of the subject property shall no longer be subject to the terms of the existing
Development Agreement(H-2016-0074,Inst. #2016-097989).
2. Future development of the subject site shall be substantially consistent with the conceptual
development plan, conceptual rendering conceptual elevations, and provisions contained
herein.
3. Direct lot access to W.Ustick Road is prohibited, as shown on the submitted conceptual
development plans.
4. A cross-access easement shall be granted to the property abutting the southwest property
boundary(Parcel# S0436346613,). A copy of the recorded easement shall be submitted to the
Planning Division prior to issuance of Certificate of Occupancy for the western commercial
pad site OR when parcel SO436346613 develops,whichever occurs first.
5. An additional north-south pedestrian connection to the proposed east-west drive aisle shall be
added in the west half of the residential site with the future conditional use permit application
for added pedestrian connectivity.
6. Future development shall comply with the design standards listed in the Architectural
Standards Manual; future commercial structures shall incorporate similar architectural themes
and elements as the residential portion of the project for consistency.
7. 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 zoning district as
set forth in UDC Table I I-2B-2. The proposed use is subject to the specific use standards
listed in UDC 11-4-3-27 Multi-Family Development.
8. A maximum of 57 multi-family units and a minimum of two commercial buildings shall be
constructed on the subject site per the submitted concept plans.
9. A Certificate of Zoning Compliance and administrative Design Review applications shall be
reviewed and approved by the Planning Division prior to submittal of any building permit
application(sl
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