CC - Staff Report 2-23 STAFF REPORT C��
W IDIAN:
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 2/23/2021 Legend
DATE:
lei Project Lnonfkn
TO: Mayor&City Council 11E IL
FROM: Alan Tiefenbach, Associate Planner
208-489-0573
SUBJECT: MDA H-2021-0002
Scentsy Campus -MDA
LOCATION: The site is located at 2499 E. Pine Ave, at
r
the southwest corner of E.Pine Ave. and
N. Hickory Ave., in the SE 1/a of Section ;
8, Township 3N, Range IE.
I. PROJECT DESCRIPTION
Modification to existing Development Agreement(Inst.#111052691)to include subject parcel into
the Scentsy Campus Development Agreement,expand the allowed uses of the development
agreement to include light industrial uses, and update approved concept site plan and elevations.
II. SUMMARY OF REPORT
A. Applicant/Representative:
Sam Johnson—2701 E. Pine Ave,Meridian,ID 83642
B. Owner:
Sam Johnson, Hot LLP, 2701 E. Pine Ave,Meridian,ID 83642
III. STAFF ANALYSIS
History
In 2007, 94.69 acres of land was annexed into the City, combined with an additional 75.67 acres of
land and rezoned to General Retail and Service Commercial (C-G). All 170.36 acres was then platted
into 61 lots as the Pinebridge Subdivision(AZ 07-006,RZ 07-010,PP 07-008).This included the 11.74-
acre subject property. A development agreement (Pinebridge DA Instr.108022893) was recorded as
part of the annexation.
In 2010, a development agreement modification was approved for 35 +/- acres of the Pinebridge
Subdivision (Scentsy Campus MDA 10-010, Instr.111052691). This was requested on behalf of
Scentsy to develop a distribution center and corporate campus. The DA included modifications to the
allowed uses, a conceptual site plan and elevations.The distribution center and office tower have been
subsequently built out in 2010 and 2011 (CZC 10-078 and CZC 11-051).
Page I
In 2012, the applicant purchased the 11.75-acre subject property and included it into a new plat of 7
commercial lots specifically for Scensty,the Scentsy Commons Plat.Because the subject property was
purchased and replatted into this subdivision after the Scentsy Campus development agreement
modification, it is still part of the Pinebridge Development Agreement.
In November of 2020, the applicant requested a pre-application meeting to discuss the construction of
an approximately 211,000 sq. ft. warehouse building on the subject property. Because the property is
zoned C-G under the Pinebridge DA, warehouse uses are not allowed as a principally-permitted use.
Staff recommended the applicant modify the existing Scentsy Campus DA to include the subject
property and expand the allowed uses to include light industrial uses in this location. The DA
modification also proposes a new concept plan which includes the two existing buildings that were
constructed in 2011 and 2012 as well as reflects the location of two future buildings. Elevations
illustrating conceptual building architecture have also been submitted to replace existing elevations.
Staff Analysis of Proposal to Modify Development Agreement
a. Use
All of the properties within the Scentsy Campus Development Agreement are zoned General
Retail and Service Commercial District(C-G). The applicant proposes to add"light industrial
use"as a principally permitted use to the development agreement.
The purpose of this modification is to allow warehouse uses as a principally-permitted use for
the onsite storage of raw materials and finished goods, whereas it is only allowed as an
accessory use in C-G. The warehouse and office use intended in the new building would be
integral to and complementary of the distribution center and office towers that have already
been constructed,as well as the warehouse uses to the south on the other side of E.Commercial
Street. As the property is a manufacturing and distribution center, within an intensely
commercial area surrounded by I-L uses on three sides,and more than 500 feet from the nearest
residential zoning (R-40), staff finds this is an appropriate use. However, staff believes
additional clarification is necessary as the proposed DA amendment allows "light industrial."
Light industrial"is not just specifically warehouse uses.Allowing everything permitted in light
industrial would allow additional uses such as public utilities, indoor and outside storage
facilities,freight and truck terminals,vehicle impound and repair, and indoor shooting ranges.
Staff recommends revising 4.1 (uses allowed) to read "warehouse uses" rather than light
industrial.
b. Concept Plan
The existing DA references a concept plan that was submitted in 2010. The Scentsy Campus
as it has subsequently built out substantially conforms to the site plan,except the subject parcel
being included into this present DA modification was not included, and what was shown as a
future pad site at the northeast corner of the properties has been developed as open space. The
applicant has already submitted a certificate of zoning compliance (CZC) for the future
warehouse pending approval of this DA modification, and the existing development,proposed
CZC and updated site plan are consistent. Staff supports this amendment.
c. Elevations
The existing DA references black and white elevations that were submitted in 2010. The
existing distribution center and office tower substantially conform to the elevations. The
updated color elevations as submitted reflect the architecture of the existing development and
the proposed warehouse, although staff did make some minor comments during preliminary
review of the CZC regarding rooflines, additional architectural features and modulation. Staff
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believes the revised elevations as submitted would reflect the general architectural character of
the existing Scentsy Campus.
IV. DECISION
A. Staff:
Staff recommends the City Council approve the following amendment to Development
Agreement#111052691 with the revision recommended by staff as shown on Exhibit A dated
1/11/21.
Page 3
V. EXHIBITS
A. Proposed Revisions to Development Agreement(date 1/11/21:)
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
I. H.O.T. 1. L1,GLL_P. O-,imer Developer
THIS DEVELOPMENT AGREEMENT (this Agreemenf), is made and entered into
this day of 1.by and between City-of Meridian. a mtuucipal
corporation of the State of Idaho. hereafter called CITY. and H.O.T. 1, LLC-LLLP. whose
address is =e9S T -tjWWjr2^O 1 E. Pme Ave.e. -Meridian ID 83626., hereinafter called
OWNEROE%'ELOPER.
1. RECITAL S
1.1 WHEREAS. Chimer is the sole owner. in late and or equity, of certain
tract of land in the Coimty of Ada. State of Idaho. described in Exhibit
-A".which is attached hereto and by this reference incorporated herein as
if set forth in full. herein after referred to as the Propem; and
1.2 WHEREAS. I.C. ; 67-6511A. Idaho Code. provides that cities may.by
ordinance. require or permit as a condition of re-Zoning that the Owner
Developer make a written commitment concerning the use or
development of the subject Property; and -
1.3 WHEREAS.Developer has submitted an application for a Modification
of the Development Agreement dated 2-28-08. instnument�i 108022893
Tinebridge DA j and Modificanon of the Development Agreement dated
6-30-11. instrument = 11105 2691 (HOT 1 D A) and
1.4 WHEREAS. Owner'Developer made representations at the public
hearing before the Mendian City Council. as to how the subiect Property
will be developed and what improvements will be made-. and
1.6 R HEREAS. City and Ou-ner-Developer now desire to remove a portion
of land referred to as Exhibit -A- from the original Development
Agreement. and add said land to the HOT 1 Development 7taeement
- �•luch
DEVELOPMENT A&F-EF.ENT-SCENTSY :3;,,- PAGE 1 OF 9
Page 4
terms have been approved by the hlendian City Council in accordance
with Idaho Code Section 67-6511.
1.- WHEREAS. record of the proceedings for the requested development
agreement modification for the subject Property held the City Council.
include responses of government subdivisions providing services within
the City of Meridian planning jurisdiction_and received fiuther testimony
wd comment: and
1.9 WHEREAS. City Council, the 4AL day of has approved
Findings of Fact and Conclusions of Law and Decision and Order. set
forth in Exhibit B. which are attached hereto and by this reference
incorporated herein as if set forth in hill. hereinafter referred to as (the
Findings): and
1.9 WHEREAS.the Findings of Fact and Conclusions of Law and Decision
and Order requires the by mer,Developer to enter into a development
agreement to reflect the change of ownership in the subject propert : and
1.10 ONV ER'DEVELOPER deems it to be in its best interest to be able to
enter mto this Agreement and acknowledges that this Agreement was
entered into voluntarily: and at its urging and requests: and
1.11 WHEREAS. C'in• requires the Owner-Developer to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Propem• is in accordance with
the terms and conditions of this development agreement. herein being
established in accordance with the amended Comprehensive Plan of the
City of Meridian adopted August 6. 2002.Resolutionro. 02-382.and the
Zoning and Development Ordinances codified in hlendian Unified
Development Code. Title 11.
NOW.THEREFORE,in consideration of the covenants and conditions set forth
hereil the parties agree as follows:
?. LAC ORPORATION OF RE ITALS, That the above recitals are contractual
and binding and are incorporated herein as if set forth in fiill.
3. DEFINITIONS: For all purposes of this Agreement the followingwords,terms.
and phrases herein contained in this section shall be defined and interpreted as herein provided
for. unless the clear context of the presentation of the same requires otherwise_
3.1 CIT1: means and refer to the City of Meridian. a party to this
Agreement. which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virnie of law
DEVELLOPMEI-T AGREENEN-T—SCENTSY PAGE:OF c
Yage
of the State of Idaho. whose address is 33 East Broadway Avenue.
Staff recommends Mendian- Idaho 83641.
this be revised to
read""warehouse ;_ 0111 ER DEVELOPER: means and refers to H.O.T. 1.LLLP4.40"
uses are allowed as €. ���=�rlt. _ Ieridta . Q f 361`7 E Pine Ave . _Meridian. ID 836.1_'.
a principally the party that is developing said Property and shall include any
permitted use subsequent developer(s)of the Property.
within the C-G
zone." ;.; PROPERTY: means and refers to that certain parcel(s) of Property-
located in the County of Ada.City of Meridian as described in Exhibit A
describing the parcels to be zoned C-G (General Commercial District)
attached hereto and by this reference incorporated herein as if set forth at
len--th
USES PERMITTED BY THIS A�.REEME\T:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
tinder City's Zonme Ordinance codified at Meridian Unified
Development Code y 11-M-_' md_ I&r this ageement_ light-indt:strial
•.ise is allowed as a pnncmally permitted use�vithin the C-G zone.
4.21 ?-o change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
�. C ONDITION S GOVERN I G DEVELOPMENT OF SUBJECT
PROPERTY:
�.1. Owner Developer shall develop the Property in accordance with the
following special conditions:
1. Development of the property shall substantially comply with the conceptual
site plan and elevation subnutted with the subject application and the
concepts outlined below.
�. The follot�•ing concepts shall be employed in the development of the
property
a. General massing of buildings. romtdabouts and landscape islands in
street= shall be constntcted as general1v shown on the conceptual site
plan- - - -
b. Pedestrian connections shall be constructed between buildings in the
form of pathways distinatushed from vehicular driving surfaces through
the use of pavers. colored or scored concrete. or bricks:
c. Common areas with site amenities(i.e..plazas'cotutyards.water features.
picnic areas. flower gardens. public art. etc.) are encouraged to be
included within the development_
JEVELOPN ENT GrFEEVPNT-SCENTSY-4 .i Li,,, PAGE 3 OF S
Page 6
d. Exterior building ;calls should demonstrate the appearance of high-
qualin, Materials of stone. brick. ;wood. or other native materials
(acceptable materials include tinted or textured masonry block.textured
or painted architectural concrete panels.or stucco or stucco like s_.nthetic
materials. Smooth faced concrete block. tilt-up concrete panels. or
prefabricated steel panels are acceptable with the addition of paint and or
high-qui<ality, accent materials.
fie
e building design shall incorporate at least _' changes in one or a
combination of the following: color. texture and materials,
f. Rooflines shall demonstrate 2 or more of the following: overhanging
eaves. sloped roofs_two or more roof planes.varying parapet heights.and
cornices:
g. The primarz' building entrances shall be clearly defined by- the
architectural design of the building.
h. Buildings will be constructed in the order the v are generall;-listed on the
conceptual site plan(.A- B. C. etc.)
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6. C O'-%IPLLk CE PERIOD-`CONSENT TO RFZO�-E:This agreement and the
commitments contained herein shall be terminated.and the zoning designation reversed.upon an
uncured material default of the Owner Developer or Owner Developers heirs. successors.
assigns. to conlph ;with Section entitled "Conditions CJovernine Development of Subject
Property' of this agreement within two years of the date this agreement is effective. and after
the Cite has complied;pith the notice and hearing procedures as outlined in Idaho Code ; 67-
6509. or any subsequent amendments or recodifications thereof.
7. DEF T-LY-CONSE\T TO DE-_ N- EXATIO AND RENT_RS_VL. OF
ZO\-LAG DESIGNATION:
7.1 _-acts of Default. Either pam's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 -Notice and Cure Period. In the event of Owner Developers default of
this agreement. Owner Developer shall have thim- (30) days from
receipt of;written notice from Citv to initiate commencement of action to
correct the breach and cure the default.;which action must be prosecuted
.with diligence and completed i0liin one hundred eightv (180) days:
provided. however. that in the case of any- such default that cannot with
diligence be cured within such one hundred eightvv(180)day period.then
the time allowed to cure such failure may be extended for such period as
DEVELOPMENT AGREEMENT-SCENTSI•-6�.G►:3) PAGE 4 OF 9
Page 7
B. Proposed Revised Concept Site Plan(date 1/11/21)
Dated January 11,2021
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COMMERCIAL STrRIVATE)
C. Proposed Elevations
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