CC - Staff Memo to Council 8-16
Charlene Way
From:Alan Tiefenbach
Sent:Thursday, August 4, 2022 4:29 PM
To:Charlene Way; Chris Johnson; Joy Hall
Cc:Will Goede; Clay Sammis; Shane Felker; Bill Parsons; Caleb Hood
Subject:Black Cat Industrial Development AZ H-2021-0064
Attachments:Black Cat Industrial Development - AZ H-2021-0064 Revisions Memo
Aug16-2022.pdf
Attached is a memorandum reviewing the proposed conditions of approval and transportation phasing plan for Black Cat
Industrial. This item was continued to August 16, 2022. The public hearing will be held at City Hall, 33 E. Broadway
Avenue, beginning at 6:00 pm. You may attend in person or virtually via Zoom – the link/phone number to join the
meeting is located at the top of the meeting agenda. Please call or e-mail with any questions.
Please submit any written response you may have to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org) and me as soon as possible. If you have a presentation you’d like to present at the public
hearing, please send it to the City Clerk’s office no later than 12:00 pm the day of the hearing.
Alan Tiefenbach | Current Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-489-0573 | Fax: 208-489-0571
Built for Business, Designed for Living
1
August 3, 2022
MEMORANDUM
TO: Mayor and City Council
FROM: Alan Tiefenbach, Associate Planner
Caleb Hood, Planning Division Manager
RE: Black Cat Industrial Development-H-2021-0064
On April 261h, 2022 the City Council continued this case to August 16th so the applicant
could further address traffic and infrastructure improvements and to propose conditions
of approval for the development.
Since the last Council meeting, the development area has been reduced. This is due to the
property owner of 935 S. Black Cat Rd. declining to extend their contract with the
applicant. This has reduced the property by approximately 3.62 acres. Also, the applicant
has removed the fire station site originally proposed at the northeast corner, due to the
City not allowing land dedication to count toward impact fee reductions. (The Fire
Department would still like to acquire some land in this general vicinity for a future
station.)
Proposed conditions of approval and findings created by the applicant are linked as
attachments in this memorandum. Planning Staff offers comments below (in italics) on
the proposed Planning Conditions of Approval. Land Development has also responded
that they have no opposition to the Public Works Conditions of Approval proposed. Staff
previously drafted findings recommending denial with the original staff report dated
December 21, 2021.
Planning Staff Comments on Conditions of Approval as Proposed by Applicant:
A Development Agreement(DA) for the I-L Zoned property is required, which shall at a
minimum, incorporate the following provisions:
1. The property zoned I-L shall be used consistent with the uses and dimensional
standards allowed in the I-L zone, which include light manufacturing, research and
development, warehousing and distributing. Self-service storage facility will not be a
primary use on the property.
The Ten Mile Interchange Area Specific Plan (TMISAP) designates this property for
Mixed Employment. The applicant proposes I-L zoning for the property which is
Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
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generally consistent with the TMISAP designation. However, the applicant has
submitted a conceptual site plan that proposes primarily warehouse/storage uses that
are generally inconsistent with the mixed employment future land use designation and
the integrated planned transportation network typologies. The TMISAP envisions
"...a mixture of office, research and specialized employment areas, light industrial
including manufacturing and assembly, and other miscellaneous uses...Mixed
Employment areas should be designed to encourage multimodal travel and
convenient circulation to supporting uses located within the area. " (pg. 3-11).
The applicant has submitted a concept plan that can be included with the
development agreement. This concept plan does limit the types of uses that can occur
in this development. However, there are still uses that could occur within the
development based on the concept plan and I-L zoning that would not be totally
consistent with the TMISAP vision. These uses include warehousing as a primary use,
a freight terminal, equipment rental, sales and service, and vehicle impound, sales
and repair. The applicant's proposed written restrictions do prohibit self-storage as a
primary use, as noted in the first provision above.
2. Development of the subject property shall be generally consistent with the final site
plan and conceptual building elevations submitted with the applications.
Buildings A-H are consistent with the I-L zoning, however as noted above
warehousing and distribution are not expressly supported by the TMISAP. Buildings
KI-K6 are oriented toward S. Black Cat Rd and are limited to 17,000 sq.ft. The use,
size and orientation of these buildings would be more consistent with the TMISAP.
Staff believes all future buildings should be subject to the architectural design review
process (see below prevision and analysis).
3. Development in the I-L Zone shall be generally consistent with the development
guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for
Mixed Employment (ME) designated areas, with the following clarifications and
exceptions:
a. Only building facades fronting on and adjacent to Black Cat Road, Interstate-84,
and the east to west collector road running through the middle of the site shall be
considered frontage for the purpose of applying the TMISAP development
guidelines. The TMISAP development guidelines shall not apply to any other
building facades.
The Architectural Standards Manual (ASM)generally requires compliance for all
buildings which face public roadways, that are visible from residential
neighborhoods or public spaces, or facing the public entry of an adjacent
building. Under the Applicant's proposal, there would not be architectural
requirements for any of the buildings facing the adjacent property to the north
(presently in unincorporated Ada County and designated for Mixed Employment
development in the future) and as viewed from the future collector along the
western property line. The mixed employment designation is intended to support a
mixed office, manufacturing and R&D type environment, and industrial buildings
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not meeting desired standards may negatively impact future potential on adjacent
properties to develop with the desired, higher intensity employment uses and
family-wage jobs planned for the area and needed in the City. Staff recommends
full compliance with the TMISAP development guidelines (see below provisions
for further analysis).
b. Notwithstanding any provision in the TMISAP development guidelines, building
fagades fronting on and adjacent to the east to west collector road running through
the middle of the site shall have an average of 15% of the linear dimension of the
street level frontage in windows or doorways.
The TMISAP requires a minimum of 20%of first floor elevations to be windows
(fenestration) or doorways. The ASM requires fenestration at 30%. As stated by
the applicant in their original narrative, the nature of these industrial buildings
prevents compliance with the minimum requirements. Staff disagrees with this
assertion however, as other warehousing and industrial buildings in prominent
corridors and near more sensitive non-industrial uses have met alternative
compliance for fenestration. An example would be the Scentsy warehouses on
Pine Ave.
c. Parking is allowed along building frontages, provided that the maximum length of
parking along a building frontage does not exceed 30% of the linear dimension of
total frontage of all planned buildings combined.
The Structure and Site Design Standards of UDC 11-3A-19 prohibit more than
50%of parking to be between buildings and the street. The TMISAP states no
more than 30%of the parking should be along the front; it does not indicate
whether this frontage is based on individual buildings, the entire frontage or an
average of all the buildings combined.
The intent of limiting parking building frontages is to create a more pedestrian-
friendly experience, reduce the dominance of the automobile and reduce "seas of
parking"along roadways. Staff notes the concept plan appears to show parking
along the majority of the building frontages on the southern side of the east-west
collector, with no parking along the northern side of the east-west collector. This
would result auto-dominated development that is not consistent with the TMISAP
for this area.
4. When required to be constructed, the east to west collector shall be constructed in
conformity with the street section design attached as Exhibit A.
The applicant is proposing to phase-in construction of the east-west collector. The
proposed industrial collector includes 12 ft. wide travel lanes, 8 ft. wide landscape
strips and]Oft wide sidewalks. The applicant's original narrative states the purpose
of this template is to 'provide easy freight access to the project. "Freight movement
was not the principal concern or use for this collector, as envisioned with the
TMISAP. The proposed collector cross-section differs from the Street Section C
template in the TMISAP. Please refer to the analysis regarding access in the original
staff report dated December 21, 2021 for additional details. Further, staff questions if
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phasing-in the construction of this collector is in the best interest of the community. It
may be several months, or even years, before the collector is constructed to the
adjacent properties that will rely on it for access to Black Cat and be required to
extend it to McDermott and Franklin Roads.
5. Development in the I-L Zone shall be generally consistent with the Meridian
Architectural Standards Manual, with the following exceptions:
a. Requirements shown on Building Scale, Building Form, Architectural
Elements, and Materials Standards Tables apply to building facades along
Black Cat Road, I-84, and the east to west collector running through the
middle of the site. They do not apply to other building facades.
See staff's comments in Section 3 above.
b. Loading Docks will be allowed to face the north to south collector on the
western boundary of the site.
The TMISAP states service entries and loading docks should be located on
secondary and tertiary (local)streets and screened from public view.
6. Certificate of Zoning Compliance and Design Review applications cannot be
submitted until after ACHD accepts the Traffic Impact Study.
The applicant added this requirement at the request of City staff.
7. The applicant shall submit a Certificate of Zoning Compliance and Design Review
application to the Planning Division for approval of all future uses on the site to
ensure compliance with the Unified Development Code, Comprehensive Plan,
Architectural Standards Manual, prior to issuance of building permits for any
structure(s) within this site.
A Certificate of Zoning Compliance and Design Review is already required for any
new structures on the property. This condition is unnecessary.
8. The Rosenlof Drain shall be left open and may not be piped.
Portions of the Rosenlof Drain lie on the northern boundary of this site. UDC 11-3A-
6 requires all irrigation ditches, laterals, sloughs or canals, intersecting, crossing or
lying within the area being developed, shall be piped, or otherwise covered. The
applicant requests to leave the drain open, a waiver must be approved by Council.
9. The total square footage of approved building occupancy on the site shall be
dependent on substantial completion,by owner/developer or any agency or third-
party, of the following roadway improvements:
a. Greater than 0 SF: Prior to any occupancy being permitted on the site: (i)the
east to west collector must be constructed from Black Cat west into the site
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approximately 1,500 feet; (ii) frontage improvements on Black Cat from the
east to west collector to Franklin must be complete; and(iii)turn lanes at the
intersection of Black Cat and the east to west collector must be completed as
recommended by ACHD. Completion of the above improvements permit
occupancy for up to 960,000 SF.
b. Greater than 960,000 SF: To exceed 960,000 SF of occupied space on the site:
(i) Black Cat must be widened to five lanes between the east to west collector
and Franklin; (ii) the intersection of Black Cat and Franklin must be improved
as recommended by ACHD; and(iii)the east to west collector must be
extended to the western boundary of the site. Completion of the above
improvements permit occupancy for up to 1,500,000 SF.
c. Greater than 1,500,000 SF: To exceed 1,500,000 SF of occupied space on the
site Franklin must be widened to five lanes between Black Cat and State
Highway 16 and a traffic signal must be constructed at the intersection of
Black Cat and the east to west collector, when a signal warrant analysis shows
it is required.
Staff has received an updated letter from ACHD dated July 12, 2022. The
letter states the development is estimated to generate approximately 4,700
daily trips with 886 of these trips in the PMpeak hour. The letter makes the
following findings:
1. The segment of S. Black Cat Rd from W. Franklin Rd to the property will
likely exceed satisfactory LOS at full buildout. The north-south collector
along the western property line will reduce these issues, but the applicant
has been unable to get cross access from the property owner to the north
between the subject property and W. Franklin Rd.
2. ACHD has noted there is presently not enough right-of-way to widen S.
Black Cat Rd to S lanes, although the applicant has indicated they are in
the process of acquiring property. ACHD has responded they are not
guaranteeing a cooperative development agreement at this time.
3. The intersection of S. Black Cat Rd. /W. Franklin Rd is projected to
exceed ACHD's acceptable LOS. Although there is presently not enough
right-of-way for improvements, this intersection is in ACHDs Integrated
Five Year Work Plan (IFYWP) to be widened between 2026 and 2030.
4. W. Franklin Rd. west of S. Black Cat Rd is projected to exceed ACHD's
acceptable LOS, however it is in the IFYWP to be widened between 2026
and 2030.
S. The intersection of W. Franklin Rd and N. McDermott Rd is projected to
exceed ACHD's acceptable LOS. It is shown to be improved as a
roundabout, but design and construction year has not been determined.
Page 6
6. ACHD would limit the number of trips on the east-west collector to S.
Black Cat Rd. until there were alternate public access. ACHD notes the
traffic study recommends signalizing this intersection.
The applicant has submitted an exhibit (see the Development Square Footage Exhibit
linked below) demonstrating the phasing of road improvements based on square
footages.
Staff believes it is more appropriate to tie these roadway improvement provisions to
CZC/DES issuance instead of occupancy square footage. Many times, when a
building is done prior to other required improvements, there is a lot of pressure
placed on City Staff(the Building Official) to issue a CO even though the required
site improvements are not complete. If required prior to CZC/DES issuance, the
building occupant and the developer (when they are different entities) coordinate
compliance instead of lobbying the City to issue CO when the improvements are not
complete. As mentioned above, Staff is also concerned about the east-west collector
not being complete and "Stubbed" to the property to the west. This is a large 103-
acre parcel with significant development potential in the near future. Finally, the
applicant does not address when the north-south collector on the west property line
would be required/constructed. This planned north-south collector is right in the
middle of the section and key to a interconnected roadway network.
10. In the I-L Zone, ACHD required frontage improvements, landscape buffer and
pathway shall be constructed along S. Black Cat Rd.
Applicant has added this provision as requested by City staff. The applicant should
note what would be the trigger for these improvements, such as prior to the first
building permit
11. A Development Agreement(DA) for the R-15 Zoned property is required, which
shall at a minimum, incorporate the following provisions:
a. The property zoned R-15 shall be used consistent with the uses and
dimensional standards allowed in the R-15 zone.
b. The existing home located at 350 S Black Cat shall hook up to City water and
sewer services within 60 calendar days of such services becoming available in
accord with MCC 9-1-4 and 9-4-8. At such time, all septic and wells shall be
abandoned.
Staff notes the applicant is not proposing any details regarding when a landscape
buffer or pathway segment would be constructed along the S. Black Cat Rd.
frontage of this property. Staff believes there should also be some discussion
regarding the tiling of the Rosenlof Drain which crosses this property, and how
access to Black Cat and cross access could occur to the north and east in the
future; there is a planned collector intersecting Black Cat on this property.
Further, no concept plan was submitted for this property but the proposed DA
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provision allows R-1 S uses, which includes duplexes, townhouses and daycare
centers, among other uses, by right.
ATTACHMENTS
A. Proposed Conditions of Approval and Findings (,Provided by Applicants
hgps://weblink.meridiancity.org/WebLink/DocView.aspx?id=269197&dbid=0&repo
=MeridianCity&cr=1
B. Development Square Footage Exhibit
https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=269202&dbid=0&repo
=MeridianCity. &
C. Proposed Utility Plan and Site Plan
hgps://weblink.meridianciiy.org/WebLink/DocView.aspx?id=269195&dbid=0&repo
=MeridianCity
D. ACHD Updated Letter
https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=26695 5&dbid=0&repo
=MeridianCity