CC - Staff Report 9-6
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HEARING
DATE:
9/6/2022
TO: Mayor & City Council
FROAM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2022-0057
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 Development Agreement (H-2019-0121, Bach Storage - Inst. #2020-062947) for
2480 & 3280 E. River Valley St. to change the development plan for the site from self-service storage
to multi-family apartments and include an additional 0.65-acre of land at 3270 E. River Valley St.
that's currently governed by Development Agreement (SGI AZ-12-010, Inst. #113005608).
II. SUMMARY OF REPORT
A. Applicant:
Brian Carlisle, Bach Homes – 11650 State St., Ste. 300, Draper, UT 84020
B. Owners:
Bach Investments, LLC – 11650 South State Street, Ste. 300, Draper, UT 84020
Meridian Self Storage, LLC – 11650 South State Street, Ste. 300, Draper, UT 84020
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
History: An application for a modification to the Development Agreement (DA) was submitted in
2021 (H-2021-0059) that was essentially the same as the subject application. City Council denied the
request due to the following reasons: they felt access with some of the contiguous properties to the
north had not been adequately “flushed out”; and issues with traffic and parking and associated
traffic circulation – they felt it wasn’t the right time for the City to approve the modification.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Page 2
Since that time, a new DA was approved for the abutting property to the north (Copper Canary H-
2022-0009, Inst. #2022-048293) that removed the requirement for a cross-access easement to be
provided to the subject property and instead required only an emergency access easement be
provided if the subject property developed with residential uses as planned. Another driveway access
was also added to the east near the southern boundary of the site, in addition to the one at the north
boundary, for interconnectivity with the first phase of the development.
The existing Development Agreements for the subject property requires the two (2) northern parcels to
develop with a self-service storage facility (H-2019-0121, Bach Storage - Inst. #2020-062947) and the
southern parcel to develop 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 AZ-12-010, Inst. #113005608).
The proposed modification would allow the Applicant to develop the site with apartments as a third
phase of the existing multi-family development to the east (i.e. Regency at River Valley). The reason
the Applicant hasn’t developed the property with a storage facility is that after completing the
Development Agreement (DA) and design process, construction costs rose such that it wasn’t feasible
for them to move forward with the project.
The proposed multi-family development consists of a 5-story structure with parking on the ground floor
and four (4) stories of apartments above containing 128 units. Rooftop amenities consisting of fire pits,
hot tubs, a pavilion, multiple BBQ areas and lounge seating are proposed. Additionally, residents will
have access to the existing amenities in Phases I and II, which include a large swimming pool area
with a hot tub, BBQ areas, activity room, outdoor pavilions, game room, fitness center and common
open space.
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 high-density residential
development (43.69 units/acre) will contribute to the mix of commercial (retail, restaurants, etc.), office
and civic (Kleiner Park, Senior Center) uses in the area. Further, it will contribute to the variety of
housing options in this area in close proximity to employment uses and Kleiner Park. For this reason,
Staff is supportive of the proposed DA modification and has included recommended provisions for the
new DA in Section VI.
If the subject amendment is approved, 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.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA as proposed by the Applicant.
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V. EXHIBITS
A. Existing Approved Conceptual Development Plans (dated: 12/13/18)
SGI Approved Option A or B
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Bach Storage Approved Conceptual Development Plan
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B. Proposed Conceptual Development Plan & Elevations
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C. Legal Description for Property Subject to New Development Agreement
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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. An emergency access easement shall be granted to the property to the north (Parcel
#S1104233802). A copy of the recorded easement shall be submitted to the Planning Division
prior to issuance of the first Certificate of Occupancy for this site.
5. A cross-access/ingress-egress easement shall be granted to the property to the 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. Noise abatement shall be provided for residential uses adjoining State Highway 55/N. Eagle Rd.
as set forth in UDC 11-3H-4D; or, alternative compliance may be requested if the Applicant has a
substitute noise abatement proposal in accord with ITD standards and prepared by a qualified
sound engineer as set forth in UDC 11-3H-4D.4.
8. Future development shall comply with the design standards listed in the Architectural Standards
Manual.
9. A property boundary adjustment application shall be submitted to combine the three (3) existing
parcels into one (1) parcel.
10. 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.
11. A Certificate of Zoning Compliance and administrative Design Review applications shall be
submitted to and approved by the Planning Division after approval of the conditional use permit
and prior to submittal of a building permit application(s).