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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 Page 2 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.) ;:44@ r r F r1 W.1al.AwR R :::v�vz:�ie'�ee}i}} �z @}e:}!i veR:era:� s or. e ;-All 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 -. E AVE Awl 4` I . . - _ IIIII ~ - . . . . . (To be built _ . . -A- . . . I Q Complete)_ _ _ , . . . 2. . . LLJ I CL - �-' - It Q w COMMERCIAL STrRIVATE) C. Proposed Elevations Page 8 • O� Page 9