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Hickory Warehouse - DES, CZC - A-2020-0165 Staff Report Page 1 DATE: 10/16/2020 TO: Josh Shiverick, Cushing Terrell FROM: Alan Tiefenbach, Associate Planner 208-489-0573 SUBJECT: A-2020-0165 Hickory Warehouse DES, CZC LOCATION: 1135 N. Hickory Ave I. PROJECT DESCRIPTION Certificate of Zoning Compliance (CZC) and Design Review (DE) to allow a 207,000 sq. ft. warehouse building on 4 lots totaling 10.3 acres of land in the I-L Zone District. A property boundary adjustment (PBA A-2020-0155) and vacation of easements (VAC H-2020-0094) is being processed concurrently with this application to merge the four existing lots into one single lot. Alternative Compliance 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.” CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 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. The applicant has responded that due to the length of the building (approximately 600 feet), meeting this requirement is impractical. Because this property is a corner lot (NW corner of E. State Ave and N. Hickory Ave.) UDC 11-3A-19A.3a would require the majority of parking to be oriented to the north side of the building. (The west side of the building is unavailable because the loading docks are oriented on that side of the building to not be visible from a public street.) According to the applicant, reducing the amount of parking on the south and east sides of the building (public street sides) and relocating this parking to the north would cause it to be impractically far away from the office areas of the building, where most people arriving to the building will enter. The walking distance from the northwest corner of the site to an office entry on the building’s southeast corner is over 1,000 feet. Also, locating more than 50% of the parking spaces at the north side of the building would impact accessibility for trucks driving through the north and west drive aisles to access the loading bays and increase. Staff does agree that although not infeasible, due to the very large size of the building and entrance located at the southwest, it is not convenient to move parking as such that all users must walk 1,000 feet to enter the building, although staff does not believe this requirement is a significant hardship. However, staff more strongly agrees that moving the parking to the north would interrupt the flow of trucks traveling to and from the loading bays at the west and could result in safety hazards from avoiding pedestrians, avoiding parked cars and obstructing drive aisles. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and; As mentioned above, the applicant states that locating the majority of the parking along the east and south perimeter of the property provides better flow for truck traffic looping through the development to access the loading bays. Also, the applicant contends that the design as proposed is equal to or superior to what would be required. The applicant proposes berms and additional landscaping along the N. Hickory Ave. frontage to soften the visibility of front parking. Staff agrees locating the parking to the south and east would result in safer and more efficient traffic flow for trucks, and providing additional berms and denser landscaping along the N. Hickory Ave frontage would be an equal or superior means for meeting the requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The applicant notes that the subject property is located in an industrial area, and is directly across from an office building and a church, both of which have their parking in front along N. Hickory Ave. As mentioned, the proposed berming along N. Hickory Ave as well as the increased landscaping will provide a frontage that exceeds what the UDC requires. Staff agrees due to the location, the existing office and religious uses across the street, the orientation of parking lots for neighboring uses, and the berming and landscaping, the request for alternative compliance would not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Page 3 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 expect the majority of employees and patrons to walk more than 1,000 feet to access the front entrance. Also, the Director agrees locating the majority of the parking spaces to the north would impact accessibility for trucks traveling along the north and western drive aisles to access the loading bays, and the proposed berming and additional landscaping is equal or superior for meeting the requirements. Site Specific Conditions of Approval 1. Approval of this Certificate of Zoning Compliance (CZC) is contingent upon Council approval of vacation of the property drainage, utility and maintenance easements established along the interior lot lines of Lots 1-4, Block 4 of the Gemtone Center No. 3 by Case H-2020-0094 and completion of Property Boundary Adjustment 2020-0155. 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. 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 Cushing Terrell on September 21, 2020, labeled “CZC Site Layout”, is approved by the City of Meridian Planning Division as shown in Exhibit A. 7. The landscape plan prepared by Cushing Terrell on September 11, 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 7 2020, labeled “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. Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the multi-use pathway(s) to the Park's Department for approval by City Council and subsequent recordation. 14. 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 Page 4 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. 15. 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. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (Gemtone Center No 3, Bk 78, Pages 8310-8311, Gemtone Center No. 3 Vacation H 2020-0094; PBA A-2020-0155). 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 shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. 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. 8. 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 August 11, 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. Page 5 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 October 12, 2021. Page 6 V. EXHIBITS A. Site Plan (date: 9/21/2020) Page 7 B. Landscape Plan (date: 9/11/2020) Page 8 C.1 Building Elevations West (date: 10/7/2020) Page 9 C.2. Building Elevation North (date: 10/7/2020) C.3 Building Elevation South (date: 10/7/2020) Page 10 C.4 Building Elevation East (date: 10/7/2020) Page 11 C. Photo Simulations (date: 10/7/2020)