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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. Page 2 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 K'VP+S,OoclYJi}OwaWpnu-,Ceec doe..,& Page 5 NJ a ji fi AN IND C " dk I + T lei --------- + 19 ! ! Ile 5 -- R M 6wxiuFr■r•ihxL.rh x ry i ! � rt IR � i J} IIl�' �■I � 3 �Rar r'y 3C owaoR.a+r.w.r,RRn warn.� ....R a,d +warsW..o_..,MT= 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) EWE TOPOGRAPHIC SURVEY AAA OR[G AIAHO — ------- ----• —cos . TS.iNy.'Ri.4.... a �.._ _��+�_ .... __' __zr—•_ _' f kn— y �I.,.... ION ED 7- Floor Plan >>I 7 6 � �Mn 1 i Page 9