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CC - Staff Report 9-6 Page 1 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. 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 & Elevations Page 6 Page 7 Page 8 C. Legal Description for Property Subject to New Development Agreement Page 9 Page 10 Page 11 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).