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PZ - Narrative PROJECT NARRATIVE DEVELOPMENT AGREEMENT MODIFICATION AND CONDITIONAL USE PERMIT Costco Wholesale Delivery Hours Modification 3403 West Chinden Boulevard, Meridian, Idaho 83646 February 2023 PROPOSAL OVERVIEW The proposal is for a Development Agreement Amendment and Conditional Use Permit to modify the allowed delivery hours for the Costco Wholesale warehouse in Meridian. Specifically: • Development Agreement Amendment: Section 5.8(c) of the Development Agreement between the City of Meridian and Costco Wholesale dated July 18, 2018, states that "No deliveries shall take place for Costco between the hours of 10:00 p.m. and 5:00 a.m." Costco requests a Development Agreement Modification to modify the timeframe to 11:00 p.m. and 3 a.m. to improve warehouse logistics and ease on-site congestion. • Conditional Use Permit: Costco requests the approval of a Conditional Use Permit pursuant to Section 5.1.6 of the Development Agreement and Section 11-2B-3(B) of the Meridian Unified Development Code. Both sections establish business hours of operation from 6:00 a.m. to 11:00 p.m. A Conditional Use Permit is requested to allow business hours of operation from 3:00 a.m. to 11:00 P.M. The modified delivery hours will allow trucks to deliver goods upon arrival instead of waiting in queue during restricted hours. Specifically, the delivery hours restriction forces multiple trucks to wait overnight in the parking lot, which causes congestion in the morning hours and puts pressure on warehouse staff to work faster than normal to clear the backlog. Likewise,there is pressure to finish deliveries by the evening cutoff time so that trucks do not have to wait overnight. This operational condition has created an ongoing logistical challenge and safety concern that would be alleviated by extending the allowed delivery hours. The proposal will improve warehouse logistics and ease onsite congestion. Included with this application is a Costco Meridian Loading Dock Sound Measurements Report prepared by Yantis Acoustics dated August 31, 2022. The report finds that the based on the sound measurements at the existing loading docks and of delivery truck activities, extending the receiving hours will not create significant impacts. Site operations will remain compliant with the City's noise ordinance and no mitigation measures are recommended. Since opening, Costco has not received any complaints about its operation and expects that extending delivery hours will not result in significant impacts and will improve on-site business operations. DEVELOPMENT AGREEMENT MODIFICATION — NARRATIVE QUESTIONS Following are responses to the questions contained in the City's Development Agreement Modification application: 1. Original project name, annexation/rezone file number and Ordinance number.• • Project Name: Bainbridge North —Costco/ Lost Rapids • Annexation/Rezone File Number: H-2018-0004 2. Date of City Council approval of Development Agreement, recordation date, and instrument number: • Date of City Council approval of Development Agreement: July 24, 2018 • Recordation Date: July 25, 2018 • Instrument Number: 2018-069276 3. Reason for Development Agreement modification (address whether request is to remove property from an existing Development Agreement and execute a new one, or solely a modification to an existing Development Agreement): • Modification to an existing Development Agreement 4. Sections of Development Agreement to be modified and proposed modifications in strike- out/underline format: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY.- 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 6. Business hours of operation in the C -G zoning district are limited from 6:00 am to 11:OOpm when the property abuts a residential use or district, extended hours of operation may be requested through a conditional use permit as set forth in UDC 11 -2B-3A.4. 8. As committed to by the Owner/Developer in response to neighborhood concerns, the following restrictions shall apply: c. No deliveries shall take place for Costco between the hours of 40.40 pm and-5 00 am 11:00 pm and 3:00 am. 5. Any other supporting information: • Included with this application is a Costco Meridian Loading Dock Sound Measurements Report prepared by Yantis Acoustics dated August 31, 2022. The report finds that the based on the sound measurements at the existing loading dock and of delivery truck activities, extending the receiving hours will not create significant impacts. Site operations will remain compliant with the city's noise ordinance. No mitigation measures are recommended. DEVELOPMENT AGREEMENT MODIFICATION —APPROVAL CRITERIA According to Section 11-5B-3 of the Meridian Unified Development Code: A development agreement may be modified by the City or an affected party of the development agreement. Decision on the development agreement modification is made by the City Council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6) months of the City Council granting the modification." Costco requests a Development Agreement Modification in accordance with this Section. -2 CONDITIONAL USE PERMIT—APPROVAL CRITERIA According to Section 11-5B-6 of the Meridian Unified Development Code, the Planning & Zoning Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Response: No changes to the dimensional and development aspects of the site are proposed. The modification of delivery hours will enhance the ability of the site to accommodate the existing use by providing greater logistical flexibility. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title. Response: The existing Costco development is harmonious with the Meridian Comprehensive Plan, in particular the Comprehensive Plan's economic policies and Future Land Use Map. The modification will also be in accord with the Meridian Unified Development Code (Title 11) because the warehouse is an allowed use, and no physical changes are proposed. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Response: The Costco warehouse is an allowed use in the underlying zone and is compatible with the commercial and residential uses in the general vicinity. No changes to the physical or operational characteristics of the warehouse are proposed beyond of the delivery hours modification. As such, the proposal will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Response: The proposal will not adversely affect other property in the vicinity. Specifically, the receiving docks have been in place since the warehouse originally opened and no changes to the operation are proposed outside of the delivery hours modification. The enclosed Sound Measurements Report concludes that the modification will meet all accepted standards for sound generation in proximity to residential properties. As such, the proposal will not constitute a public disturbance as described in Section 6-3-6 of the Municipal Code. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Response: The Costco warehouse will continue to be adequately served by essential public facilities and services. The proposal will not result in an increased need for these services. -3 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Response: The proposal will not result in an increased need for public facilities and services. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Response: The proposal will not involve any processes, materials, equipment and conditions of operation that will generate excessive traffic, noise, smoke, fumes, glare or odors. Specifically: • Traffic: The proposal will not increase the volume of traffic to the site. Circulation patterns will remain unchanged, except the frequency of overnight truck parking will decrease. • Noise: The enclosed Sound Measurements Report concludes that the modification will meet all accepted standards for sound generation in proximity to residential properties. The proposal will not constitute a public disturbance as described in Section 6-3-6 of the Municipal Code. • Smoke, Fumes, Odors: The proposal will not increase the volume of truck traffic to the site and therefore will not generate excessive smoke, fumes, or odors. • Glare: The proposal does not include any changes to the site that would introduce new and/or excessive glare. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Response: The proposal does not include any changes that would result in the destruction, loss, or damage of a natural, scenic, or historic feature considered to be of major importance. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area;and b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. Response: The use will not be considered nonconforming with the approval of the Development Agreement and Conditional Use Permit. -4