Z - Approved Findings CITY OF MERIDIAN -:FINDINGS OF FACT, CONCLUSIONS OF LAWM- 1E AND DECISION DECISION&ORDER
In the Matter of the Request for 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.
Case No(s). H-2023-0017
For the City Council Hearing Date of: June 6,2023 (Findings on June 20,2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 6, 2023, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of June 6,2023,incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of June 6,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 6,2023,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(AAA OREGON/IDAHO FLEET MDA-H-2023-0017)
-1-
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 6,2023,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for Development Agreement Modification is hereby approved per the
conditions of approval in the Staff Report for the hearing date of June 6,2023,attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
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.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of June 6,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(AAA OREGONJDAHO FLEET MDA-H-2023-0017)
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By action of the City Council at its regular meeting held on the 20th day of June
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 6-20-2023
Attest:
Chris Johnson 6-20-2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 6-20-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(AAA OREGONJDAHO FLEET MDA-H-2023-0017)
-3-
EXHIBIT A
STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT D A H 4
HEARING 6/6/2023
Legend
DATE: Project Location # r iris
TO: Mayor&City Council
II
FROM: Stacy Hersh,Associate Planner
SUBJECT: H-2023-0017 s
AAA Oregon/Idaho Fleet MDA
LOCATION: 1139 & 1065 E.Fairview Avenue,in the `
NW'/4 of the NE'/4 of Section 7, s
Township 3N.,Range IE.
L PROJECT DESCRIPTION
Request for a Development Agreement Modification(Meridian Property Group Inst. 92016-057450)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 hest. 42016-057450.The approval also
included the termination of the existing Development Agreement,which was previously identified
under Instrument 9109134178. 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 42016-057450 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.
standards fet4h i UPC 11.4.3.39. 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 11-2B-2. Compliance with the standards listed in UDC 11-2B-3 is required.
The proposed use is subject to the following Specific Use Standards(UDC II-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 VILC.
B. The Meridian City Council heard these items on June 6. 2023. At the public hearing_the Council
moved to approve the subject Development Agreement Modification request.
1. Summary of the City Council public hearing:
a. In favor: Valerie Colgrove_ SVP_Chief Financial Officer
b. In opposition: None
C. Commenting: None
d. Written testimony:None
e. Staff presenting application: Bill Parsons_Planning Supervisor
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
Page 4
VIL EXHIBITS
A. Development Agreement Legal Description and Survey Map (date: 2/9/2023)
TEALEY'S LAND 12594 W.Explorer Drive,Suile 150•Boise.Idaho 83713
SURVEYING (208)385-0636
a] Fax(208)385-0696
Project No.-5015.18
Date-March 9,2023
DESCRIPTION FOR
DEVELOPMENT AGREEMENT PARCEL—AAA OREGONJIDAHO
A parcel of land being Lot 22 of Block 1 of Touchstone Place Subdnrision,as filed for record
in the office of the Ada County Recorder, Boise,Ada County,Idaho in Book 107 of Plats at page
14842 and a portion of the NVV 114 of the NE 114 of Section 7.T.W.R,1 E„8.M.,Meridian,Ada
County,Idaho and m&e particularly described as follows.
Commenting at the North 1A corner of said Section 7.marked by brass cafe;thence along
the North boundary of said Section 7
South 89'28'23"East 918.00 feet to a point;thence leaving said North boundary
South 00'34'26"West 46.09 feet to a point on the South right-of-way line of East Fairview
Avenue, said point marking the point of beginning of a curve, said point being the POINT OF
BEGINNING;along said South right-of-way line of East Fairview Avenue along a curve to the nght
317.57 feet,said curve having a radius of 57230.80 feet,a central angle of 00'19'05"and a long
chord bearing
South 89'54'13" East 317.57 feet to point of ending of curve on the extended West
boundary of Lot 22 of Block 1 of Touchstone Plaice Subdivision;thence along said extended West
boundary
South 00'30'33•'West 14 29 fleet to the Northwest carrier of Said Lot 22.thence along 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
East boundary of said Lot 22
South 01'06'07"East 190.09 feet to the Southeast awner of said Lot 22;thence along the
South boundary of said Lot 22 and the North boundary of said Touchstone Place Subdivision
North 89'28'26'West 148.71 feet to a point.thence continuing
North W30'33'East 41.29 feet to a point thence continuing
North 89°262W West 194.03 feet to the Northwest comer of said Touchstone Place
Subdivision;thence along the extended West boundary of said Touchstone Place Subdivision
North 00'3428"East 160.63 feet to the POINT OF BEGINNING,
Said parcel of land contains 1.40 acres,more or less
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B. Existing Development Agreement Language
4. USES 11FRMITTEII BY THIS AGRFFMENT: This Agrc=ent shall vest the right to
develop the Property in accordance with the terms and conditions of this Agre=orkt.
4.1 The uses allowed pursuant to this Agreement are only those uses allowcd raider
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5, CONDITIONS GOVERNING DEV)N IMPMENT OIL SUBJECT PROPERTY:
5_1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of the site shall he consistent with the design standards listed in UDC
11-3A-19 and the guide]ines in the Architectural Standards Manual.
b. Development of this property shall generally comply with the cuncept plan included in
Exhibit A,2 and the building elevations included in A.3 of the Findings of Fact and
Conclusions attached hereto as"Exhibit B".
c. A minimum 25-foot wide street buffer shall be constructed along the entire frontage of the
site along E.Fairview Ave in accord with UDC 11-3114C. Construct a minimum of a 25-
foot wide landscape buffer abutting the residential property to the south,unless modified
by City Council,in accord with UDC 11-313-9C,
d, The use of this property shall be 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 subject to recorded Development Agreement
#1091341748.
f The applicant shall provide cross-access to 1035 E. Fairview Avenue (parcel 4
S l]07120677); the cross-nee agreement shall be recorded prior to submitting, an
application for Certificate of Zoning Compliance and Design Review.
g. Prior to CZC approval,the applicant shall demonstrate ownership of Lot 22,Block 1 of
Touchstone Place Subdivision;and should include the lot in the overall site design of the
properly unless modified by City Council, in accord with UDC 11-313-9C.
DBvELOPMEmTAoammetvr—MEk11 AKPROPI•ay GROUP H-2016-0004 PApe3OP8
h. Future development of the site shall comply with the ordinances in effect at the time of
development.
I. The applicant shall obtain approval from Ada County Highway Dixtrict and City Council
fix the right-in/right-out access via E.Fairview Ave.
Page 7
C. Proposed Revisions to the existing Development Agreement Provision 5.l.d:
Staffs Recommended Changes:
"5.1.d.
s n„GTCnd fds set fefth it 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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