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Scentsy South Warehouse DES, CZC A-2020-0196 Page 1 DATE: 11/6/2020 TO: Josh Shiverick, Cushing Terrell FROM: Alan Tiefenbach, Associate Planner 208-489-0573 SUBJECT: A-2020-0196 Scentsy South Warehouse CZC, DES & ALT LOCATION: 2751 E. Commercial St I. PROJECT DESCRIPTION Certificate of Zoning Compliance (CZC) and Design Review (DE) to allow a 41,471 sq. ft. warehouse building on 2.6 acres of land in the I-L Zoning District. Alternative Compliance (ALT) is requested from UDC 11-3A-19 which states “for properties greater than 2-acres in size, no more than fifty percent (50%) of the total off street parking area for the site shall be located between building facades and abutting streets.” II. DECISION The applicant's request for Certificate of Zoning Compliance, Design Review and Alternative Compliance is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. ALTERNATIVE COMPLIANCE REQUEST TO UDC 11-3A-19: The applicant is seeking Alternative Compliance approval from UDC 11-3A-19 which states “for properties greater than 2-acres in size, no more than fifty percent (50%) of the total off street parking area for the site shall be located between building facades and abutting streets.” In order to grant approval for alternative compliance, the Director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible. CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 The applicant states that the proposed building will be located between two existing warehouse buildings. The building to the east has its loading bays located toward the subject property. The building to the west has its fire lanes between it and the subject property. Forklifts will be moving between all three buildings along the sides and the rear. Also, to the south (at the rear) of the property is an additional fire lane and railroad tracks. Scentsy has plans to extend the rail spur at the south side of the campus, and the new warehouse is intended to be flush along the railroad tracks with the other warehouses (requiring the new warehouse to be pushed to the south). Staff agrees the existing loading bays to the east, the fire aisle to the west, the fire aisle and railroad tracks to the south, and truck and forklift traffic provide a difficulty that makes it unrealistic to require parking to be oriented on any side other than the front. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and; The applicant states that locating the majority of the parking to the sides or rear would provide issues with truck flow, forklift operations, pedestrian conflicts and result in parking in or around the fire lanes. The applicant proposes significantly more landscaping along the front to mitigate visual impacts of the front parking lot. Staff agrees locating the parking to the front is the safest option. In addition, staff agrees the additional landscaping along the northern portion of the property will soften visual impacts (a significant number of trees and large amount of lawn area have been provided at the front of the building whereas none would be required). This would result in visual benefits that would be equal or superior to requiring parking at the other sides or moving the building further north and potentially losing landscaping. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The subject property is located in an industrial area, behind an existing campus, between two existing warehouse buildings, adjacent to railroad tracks with little or no visibility from public rights-of-ways. It is staff’s opinion that the request for alternative compliance would not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the intended use/character of the surrounding properties and agrees it is impractical to require the parking to be located on either side or the rear of the property. Site Specific Conditions of Approval 1. The Director (at the applicant's request) approved alternative compliance in accord with UDC 11- 5B-5 regarding UDC 11-3A-19 which states “for properties greater than 2-acres in size, no more than fifty percent (50%) of the total off street parking area for the site shall be located between building facades and abutting streets.” 2. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 3. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. Page 3 4. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 5. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 6. The site plan prepared by CK Engineering on July 30, 2020, labeled “CZC Site Plan”, is approved by the City of Meridian Planning Division as shown in Exhibit A. 7. The landscape plan prepared by CTA Group on June 29, 2020, labeled “Planting Plan”, is approved by the City of Meridian Planning Division as shown in Exhibit B. 8. The elevations prepared by Cushing Terrell on October 6, 2020, labeled “Scentsy Warehouse 2 Exterior Elevations” are approved by the City of Meridian Planning Division as shown in Exhibits C.1-C.4. 9. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 10. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 11. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 12. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 13. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Services for more information at 208-887-2211. 14. 100 Watt and 250-Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. General Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. Page 4 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 7. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-42. III. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before November 19, 2020, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. IV. EXPIRATION The Certificate of Zoning Compliance shall expire if the construction, alteration or the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until November 6, 2021. Page 5 V. EXHIBITS A. Site Plan (date: July 30, 2020) Page 6 B. Landscape Plan (date: June 29, 2020) Page 7 C. Building Elevations West (date: October 6, 2020)