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Scentsy Warehouse 4- DES, CZC A-2020-0234 (2) Page 1 DATE: 3/10/2021 TO: Josh Shiverick, Cushing Terrell FROM: Alan Tiefenbach, Associate Planner 208-489-0573 SUBJECT: DES, CZC A-2020-0234 Scentsy South Warehouse 4 CZC, DES & ALT LOCATION: The site is located at 2499 E. Pine Ave, at the southwest corner of E. Pine Ave. and N. Hickory Ave., in the SE ¼ of Section 8, Township 3N, Range 1E. I. PROJECT DESCRIPTION Certificate of Zoning Compliance (CZC) and Design Review (DE) to allow a 211,500 sq. ft. warehouse building on 11.74 acres of land in the C-G Zone District. This project is within the Scentsy Development Agreement (Inst. #111052691) which was modified by the City Council on February 23, 2021 to allow warehouses as a principally permitted use. A 5’ drainage, utility and maintenance easement bisects the site north to south at the western portion of the site (shown on Lot 7, Block 1 of the Scentsy Commons Subdivision). The applicant has submitted an application to vacate this easement through the City Council and this is listed as a condition of approval (H-2021-0011). 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. CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 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. The applicant states the passenger vehicle parking areas are properly located to be convenient to the office areas of the building where most visitors are expected to enter the building. Redistributing parking to the west side of the site so that no more than 50% of the parking is along the streets would require placing 80 of the 201 vehicles much farther from the building entries. It would cause it to be impractically far away from the office areas of the building, where most people arriving to the building will enter. Also, the building would require a significant redesign or reduction in size to fit more parking at the west, and as mentioned below, there could be safety concerns with pedestrians and trucks at the southern loading area. Staff agrees that short of a complete redesign of the site, it would not be practical to locate the majority of the parking to the side or behind the building. It is important to note that the property is on a corner lot so UDC 11-3A-19 would apply to both the northern elevation along E. Pine Ave as well as the eastern elevation along N. Hickory. This further reduces options for relocating the parking. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and; The applicant states locating the parking at the south side of the building or at the west nearer the truck loading area would increase the likelihood of collisions between vehicles. Further, parking too near truck areas can result in pedestrians traversing truck areas when walking from their vehicles to the building. As proposed, the orientation of truck and passenger vehicle parking in separate areas enhances safety. Staff agrees that without a major redesign to the site, the parking location as proposed is the safest and most practical solution. Also, there is a very significant landscape buffer and berm installed along E. Pine Ave where the majority of the parking is proposed is landscaped at a density significantly greater than the minimum requirement of one tree per 35 linear feet. This would result in parking being predominately screened and a visual benefit that is the same or better than relocating the parking and the parking. 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 within the Scentsy Campus, which is characterized by office and industrial type uses, directly across the street from an office complex with parking oriented along E. Pine Ave in the same fashion. Also, because of the dense buffer there will be limited visibility of the parking lot. 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. 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 require the parking to be located on either side or the rear of the property. Site Specific Conditions of Approval 1. Prior to building permit, the applicant shall complete Council approval of vacation of the property drainage, utility and maintenance easement established along the western perimeter of Lot 7, Block 1 of the Scentsy Commons Subdivision. 2. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding the requirements of UDC 11-3A-19 requiring 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. The site plan prepared by Cushing Terrell on February 19, 2021, labeled “Site Plan” is approved by the City of Meridian Planning Division as shown in Exhibit A. 8. The landscape plan prepared by Cushing Terrell on February 19, 2021, labeled “Landscape Plan” is approved by the City of Meridian Planning Division as shown in Exhibit B. 9. The elevations prepared by Cushing Terrell on December 3, 2021, labeled “Building Elevations”, are approved by the City of Meridian Planning Division as shown in Exhibit C. 10. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 11. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 12. 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. 13. 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. 14. 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. 15. 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. Page 4 16. 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 [AZ 07-006, RZ 07-010, DA Inst. #111052691, amended DA approved with MDA H-2021-0002, PP-12-012, FP 14-040). 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. 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 March 25, 2021, 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 March 10, 2022. Page 5 V. EXHIBITS A. Site Plan (date: 02-19-2021) Page 6 B. Landscape Plan (date: 02/19/2021) Page 7 C. Building Elevations (date: 12/3/2020)