CC - Staff Report 6-6 REVISED STAFF REPORT C:�*%-
W IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/6/2023 Legend
DATE: Project Location �Tr
TO: Mayor&City Council I,�
(�I�p
FROM: Stacy Hersh,Associate Planner
SUBJECT: H-2023-0017 9
AAA Oregon/Idaho Fleet MDA �•'
LOCATION: 1139 & 1065 E. Fairview Avenue,in the -
NW 1/4 of the NE 1/4 of Section 7,
Township 3N.,Range IE.
I. PROJECT DESCRIPTION
Request for a Development Agreement Modification(Meridian Property Group Inst. #2016-057450)to
change the use of the property from vehicle sales only to include all permitted uses listed in the C-G
zoning district; approval to operate a AAA Oregon/Idaho Fleet Services facility providing mobile services
for AAA members and ancillary fleet vehicle repair on 1.40 acres of land in the C-G zoning district,by
Woofter Bolch Architecture.
II. APPLICANT INFORMATION
A. Applicant/Representative:
Miles Woofter,Woofter Bolch Architecture— 107 SE Washington Street, Suite 228
B. Owner:
AAA Oregon/Idaho—c/o Timothy Morgan 600 Market Street,Portland, 97201
III. NOTICING
City Council
Posting Date
Notification published in newspaper 5/21/2023
Notification mailed to property owners
within 500' S/12/2023
Applicant posted public hearing notice
sign on site 5/18/2023
Nextdoor posting 5/15/2023
Page 1
IV. STAFF ANALYSIS
History
This is a proposal for a development agreement modification to allow a dispatch center for mobile
services to operate AAA Oregon/Idaho on the subject property.
The property comprises of three lots with a total land area of 1.40 acres. The parcel located at 1065
E. Fairview was annexed into the City as a commercial property in 2001 under AZ-01-010. In 2016,
a Development Agreement Modification and Annexation of parcel#S 1107120625 for Meridian
Property Group was approved under H-2016-0004,MDA Inst. #2016-057450. The approval also
included the termination of the existing Development Agreement,which was previously identified
under Instrument#109134178. Further,a Council waiver was granted to reduce the required 25-foot
landscape buffer along the southern border of the development adjacent to the Touchstone Place
Apartments. The buffer width was reduced to 5-feet next to the vehicle display area and 10-feet
behind the building. A Certificate of Zoning Compliance and Design Review application(A-2016-
0309)was approved for the building and existing site improvements consistent with the current
Development Agreement.
Development Agreement Modification
The MDA approved under Instrument#2016-057450 contains a provision that restricts the use of the
property to vehicle sales. However,the Applicant is seeking to amend the existing DA to allow AAA
Oregon/Idaho to operate a dispatch center for mobile services on the subject properties.
The Applicant is proposing a 24-hour dispatch center for mobile roadside assistance and similar
vehicle-related services while proposing hours of operation for the office building from 6:00 am to
11:00 pm. The proposed business hours of operation are consistent with UDC standards when a
property abuts a residential use or district. The dispatch center will be staffed by a limited number of
employees who will be working remotely and not out of the building. The applicant has stated that no
inoperable or dismantled vehicles will be brought back to this site for repairs. Maintenance activities
within the shop will be exclusively conducted on AAA vehicles.
Access from E.Fairview Avenue will be limited to right-in/right-out only. Additionally, a shared
access drive is provided on the Touchstone Place Plat,connecting the subject property with the
neighboring property to the east(R8509200080).
Existing Development Agreement:
Section 5.1.d. (Uses Permitted by This Agreement) of the Meridian Property Group Agreement reads
as follows:
"The use of this property shall be restricted to the vehicle sales in accord with the specific use
standards set forth in UDC 1-4-3-38."
The applicant proposes to modify Section 5.1.d. as such:
5.1.d.
sta-adafds set fer-th in T DG 1 ^ . The use of this property shall include all permitted uses
listed in the C-G zoning district in the Allowed Uses Table 11-213-2 for commercial
developments. Vehicle wrecking and junk yard uses are prohibited. Ordinary business hours
shall be between 6:00 am and 11:00 pm; however,the property may be used as a 24-hour
dispatch center for mobile roadside assistance and similar vehicle-related services.
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V. UNIFIED DEVELOPMENT CODE UD
The proposed uses, a dispatch center for mobile services and vehicle repair minor are listed as
principally permitted uses, in the C-G(General Retail and Service Commercial District)zoning
district per UDC Table 11-213-2. Compliance with the standards listed in UDC 11-213-3 is required.
The proposed use is subject to the following Specific Use Standards (UDC 11-4-3-4 —Dispatch
center for mobile services: (Staff analysis in italics).
A. No outdoor storage of material shall be allowed.All materials shall be stored indoors.
The Applicant is not proposing to store any outdoor materials on the subject property.
B. Adequate off-street area shall be provided for fleet vehicle storage.
1. Fleet vehicle storage shall only be on surfaces composed of one (1) of the following
materials: concrete, asphalt, grasscrete,pavers, bricks, macadam, or recycled asphalt. The
parking lot is currently surfaced with asphalt, which is used to accommodate parking for all fleet
vehicles.
2. Fleet vehicle storage shall not block sidewalks or parking areas and may not impede
vehicular or pedestrian traffic. The Applicant shall comply with this requirement.
3. Fleet vehicle storage shall be screened with a six-foot sight obscuring fence, or fleet vehicle
storage shall be designed as an off street parking area consistent with the standards as set forth
in sections 11-3C-5 and 11-3B-8 of this title. The Applicant has not provided details on how
they intend to comply with this requirement. This will be verified at the time the Applicant submits
a Certificate of Zoning Compliance (CZC)application.
C. The site shall not be used as a"contractor's yard" as herein defined. The Applicant's proposal for
the change of use on this property does not include a plan for establishing a "contractor's yard".
D. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined.
The Applicant's proposal for the change of use on this property does not include a plan for
establishing a "vehicle wrecking or junk yard"or transporting dismantled vehicles to the site.
E. The site shall not be used as a"terminal,freight or truck" as herein defined. The Applicant is
not proposing to use the site for a "terminal,freight or truck".
The proposed use is subject to the following Specific Use Standards (UDC 11-4-3-3 —Vehicle
repair, major and minor: (Staff analysis in italics).
A. Where adjoining a residential property or district, all repair activities (including,but not limited
to, open pits and lifts) shall occur within an enclosed structure. The applicant is proposing to
do some minor vehicle repairs on the fleet vehicles only. Staff is amenable to request since
vehicle repair is allowed in the C-G district and only for service of the fleet vehicles. Further,
all minor repairs for AAA's vehicles should be limited to the designated shop area inside the
building. Staff recommends a new DA provision limiting the vehicle repair to the fleet vehicles
only as proposed.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence,wall, or
screen or within an enclosed structure and shall not be visible from the street. As stated above,
inoperable or dismantled vehicles will not be brought back to this site for repairs.
Page 3
Staff recommends the development agreement modification with the recommended changes in
Exhibit C below.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the modified provisions in Section VII.C.
Page 4
VII. EXHIBITS
A. Development Agreement Legal Description and Survey Map(date: 2/9/2023)
TEALEY'S LAND 12594 W.Explorer drive.Suile 1so-8oisg-loaho a371
SURVEYING (2013)185.0636
El Far€(208)395-D61j6
ProPftt No.-5015.1A
thate-March 9,2023
DESCRIPTION FOR
DEVELOPMENT AGREEMENT PARCEL—AAA OREGONfIDAHO
A parcel of land being Lot 22 of Black 1 of Touoh5lone Place Subdivision,as filed fof record
in the office of the Ada County Recorder, Boise, Ada County, Idaho in Book 107 of Plats at page
14842 dntl a portion of the N4V 114 of the NE 1A aF Section 7.T.3N., R.1 E„6.M.,rJeridian.Ada
County.Idaho and mere particularly described as folkxwa.
Commencing at the North I M corner of sdid SeCteon 7.marked by brass rap:thence along
the f oft boundary of said Section 7
South 89'28'23"East 918.00 feet to a point:thence leaving said North boundary
Sovlh 00°34'2$"West 48.(Ya feet to a point on the South rig ht-of-way litre of East Fairview
Avenue, said paint marking the point of beginning of a curve, said paint being the POINT OF
BEGIN MING: along said South rigs -01!-way I ine of East Fairview Avenue along a curve to the ng ht
317.57 feet,said curve having a radius of 5723D.80 Feet,8 ventral angle of 00'19'66"and a long
chord bearing
South 89'54'13" East 317.57 feet to point of ending of curve on the extended West
heundary of Lot 22 of B lock 1 of Touchstone Place Subdivision;thence along Said extended West
boundary
South 00°WU'West 14 29 feet to the Northwest coiner of said Lot 22,thence A ME the
North boundary of said Lot 22
South 89'28'13" East 19.66 feet to the northeast corner of said Lot 22.thence along the
Fasl boundary of said Lot 22
South 01'06'07'Earl 190.09 Feet to the Southeast canner of said Lot 22:thence along the
South boundary of said Lvt 22 and the North boundary of said Touchstone Place Subdivision
North 89'28'28"West 148.71 Feet to a point.Ihence continuing
North 0a'3D'33'East 41.29 feet to a point;thence continuing
North &9°2B'28" West 194.43 feet to the Northwest vamer of said Touchstone Place
Subdivision;thence along the emenaea West boundary of said Touchstone Place Subdivision
North 00'34'28"East 160.63 feel to the POINT OF BEGINNING.
Said parcel of land contains 1.40 acres,mote or less
A
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Page 6
B. Existing Development Agreement Language
4. USE.%1'EWN1ITTEDRY MIS AGRFF,MENT: This Agrevment shall vest shc right to
devulop the l}roperty in accordmcc with the terms and conditions of this Agre=cat,
4.1 Thu uses allowed pursuant to this Agrcoment are only those uses allowed wider
thu UDC_
4.2 No ohange in the uses specified in this Agreement shall be allowed without
modiftcadun of this Agreement,
5, CONDITIONS GOVl-',RNIYG DEV1M:WPMENT OF SUBJECT PROPERTY:
5.1. Owner/D"eloper shall develop the Property in accordance with the following
special conditions;
a. Future development of the site shall bp,eonsistuntwith the design standards listed in UDC
11-3A-19 and the guide]ines in the Architectural Standards Manuttl.
b. Development Df this property,shall genetally comply with the concept plan inoludcd in
Exhibit A,2 and the build!rsg uluvations itkoiudW in A,3 of the Findings of Pact and
Conclusions attaohcd hereto as"Lxhibit B"_
o. A minimum 25-foot Widc street buffer shall bo constructed along the entire f nmkp of the
site,alongE.Fairview Ave in%xordwith UDC 11-3B-7C_ Construct a minimum Ofa 25-
foot wide landscape buffer abutting the residential property to the south,unless modified
by City Cuunail,in accord with UDC 11-111-9C,
d, The use of Ns property shal l he restricted to the vehicle sales in accord with the specific
use standards set forth in UDC 11-4-3-38.
e, Future development of this site is no longer subjcot to recorded DDvclopmcnt Agreement
4109134174&
f The applicant s1ua11 provide cross�aecew to 1035 E. Fairview Avonuc (parcel 9
Lq 1107120677); the cross-access agreement shall be rucordcd prior to submitting an
application Jor Certificate of Zoning Compliance and Desij;n Review_
g. Nor to CZC approval,the applicant shall demonstrate ownership of Lot 22,Block 1 of
Touahstonc Place Subdivision;and should include the lot in the overall site design of the
property unless modified by City Council, in accord with UDC 11-3&9C.
MYELOMmEw AaRliimcw—McRrmari I,ROPlsllTy GROM H-2016.4004 PA,@ 3 OF 8
h. Future development of the site shall comply with the ordinanccs in effect at the time of
development,
i_ The applicant shall obtain approval from Ada County Highway D i strict and City ourwil
fox the right-in/right-out acce8s via E, Fairview Ave.
Page 7
C. Proposed Revisions to the existing Development Agreement Provision 5.1.d:
Staff s Recommended Changes:
"5.1.d.The use of this pr-epei4y shall be r-estr-ieted to the vehiele sales in aeeer-d with the speeifie use
s�ar-ds Jet fefth in UPC-11 4.. The use of this property is permitted for all commercial
uses listed in the Allowed Uses Table 11-213-2 within the C-G zoning district.Further,the site is
prohibited from storing any inoperable or dismantled customer vehicles. The only vehicle
repairs allowed on the site shall be the servicing of fleet vehicles within the designated shop area
of the existing building.
Staffs New DA Provision:
Primary office hours for the property shall be limited from 6:00 am to 11:00 pm.The dispatch
of vehicles for mobile roadside assistance and similar vehicle-related services is permitted to
operate 24 hours a day,7 days a week. Dispatch employees are working remotely for the AAA
Call Center and not physically present at this property. Service Technicians are primarily off-
site responding to dispatch calls.
Page 8
D. Site Plan/Floor Plan(date: 7/6/2022)
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