Zimmerman Auto Body H-2018-0029 AZCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0029 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 1.13 Acres of Land with R-8 (0.42 of an
Acre) and I-L (0.72 of an Acre) Zoning Districts, by Brian Zimmerman.
Case No(s). H-2018-0029
For the City Council Hearing Date of: June 5, 2018 (Findings on June 19, 2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 5, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 5, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 5, 2018, 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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 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.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of June 5, 2018, incorporated by reference. The conditions are concluded to be
Meridian City Council Meeting Agenda June 19, 2018 – Page 64 of 365
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0029 - 2 -
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 annexation and zoning is hereby approved per the conditions of
approval in the Staff Report for the hearing date of June 5, 2018, 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. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of June 5, 2018
Meridian City Council Meeting Agenda June 19, 2018 – Page 65 of 365
By action of the City Council at its regular meeting held on the
2018.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL, MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
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MAYOR TAMMY de WEERD OTED
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Mayor Tamm e eerd
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Copy served upon Applicant, Community Development Department, Public Works Department and City
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2018-0029 - 3 -
Zimmerman Auto Body – AZ H-2018-0029 PAGE 1
STAFF REPORT Hearing Date: June 5, 2018
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Zimmerman Auto Body – AZ (H-2018-0029)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Brian Zimmerman, submitted an application for Annexation and Zoning (AZ) of 1.13
acres of land with R-8 (0.42 of an acre) and I-L (0.72 of an acre) zoning districts. See Section IX of
the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application in accord with the conditions of approval
in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard this item on May 3, 2018. At the public
hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Kylie Madsen, Angstman Johnson; Brian Zimmerman
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard these items on June 5, 2018. At the public hearing, the
Council approved the subject AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Kylie Madsen, Angstman Johnson; Brian Zimmerman
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
EXHIBIT A
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Zimmerman Auto Body – AZ H-2018-0029 PAGE 2
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0029, as presented in the staff report for the hearing date of June 5, 2018, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0029,
as presented during the hearing on June 5, 2018, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number H-2018-0029 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 1775 W. Pine Ave., in the northeast ¼ of Section 11, Township 3 North,
Range 1 West. (Parcel #: S1211417501, S1211417515, S1211417523)
B. Owner(s):
Brian Zimmerman
1775 W. Pine Ave.
Meridian, ID 83642
C. Applicant:
Same as Owner
D. Representative:
Kylie Madsen, Angstman Johnson
3649 N. Lakeharbor Ln.
Boise, ID 83703
E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation & zoning. A public hearing is required before
the Planning & Zoning Commission and City Council on these applications, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: April 13, 2018 (Commission); May 18, 2018
(Council)
C. Radius notices mailed to properties within 300 feet on: April 6, 2018 (Commission);
May 10, 2018 (Council)
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Zimmerman Auto Body – AZ H-2018-0029 PAGE 3
D. Applicant posted notice on site(s) on: April 18, 2018 (Commission); May 25, 2018
(Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is a residential home with an auto body shop on this
property, zoned R1 in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Meridian High School, zoned R-4
2. East: Single-family residential home, zoned C-N
3. South: Storage facility (Meridian Storage), zoned I-L
4. West: Single-family residential homes in Conifer Subdivision, zoned R-8
C. History of Previous Actions: This property is currently receiving City water and sewer service
but was never annexed into the City.
D. Utilities:
1. Public Works:
a. Location of sewer: This property is currently receiving sewer service from the City of Meridian.
b. Location of water: This property is currently receiving water service from the City of Meridian.
Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: None
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan. The purpose of the MDR designation is to allow
smaller lots for residential purposes within City limits. Uses may include single-family homes at
gross densities of 3 to 8 dwelling units per acre (d.u./acre).
The abutting property to the south is designated General Industrial (GI). Because the FLUM is a
vision for a built out Meridian and contains a variety of very diverse land uses and is not necessarily
parcel specific, the applicant requests the GI designation on the abutting property to the south is
“floated” to the 0.72 of an acre portion of the site proposed to be rezoned to I-L (see Exhibit C). The
0.42+/- of an acre parcel that fronts on Pine Avenue would remain under the MDR FLUM
designation.
The GI FLUM designation allows a range of industrial uses to support industrial and commercial
activities and to develop areas with sufficient urban services. Light industrial uses may include
warehouses, storage units, light manufacturing, and incidental retail and office uses.
There is an existing single-family residential home and auto body shop that has been operating since
1999 on this property that are proposed to remain and continue for the foreseeable future; no new
development is proposed with this application. Many letters of support have been received from
adjacent neighbors agreeing to the proposed annexation of the property and continuation of the
existing use.
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Zimmerman Auto Body – AZ H-2018-0029 PAGE 4
Because the majority of the frontage of the property on Pine Ave. will remain residential (i.e. MDR)
and be zoned R-8, staff is amenable to the existing GI designation on the property to the south being
floated to the portion of the site proposed to be zoned I-L.
Staff is amenable to the GI designation being “floated” for the existing use largely due to letters of
support from adjacent neighbors and the relatively low impact to existing residential uses since the
noise and fumes associated with the shop are contained within the structure and the visual impacts are
screened behind a solid fence. However, staff recommends that any subsequent uses on the industrial
portion of this property be vetted through the development agreement recommended as a provision of
annexation to determine if the continued industrial use of the property is appropriate. Although Staff
deems it appropriate in this case (i.e. with this specific use) to “float” the GI designation for the
subject use, it may not be appropriate for future uses based on the type and intensity of use and
potential impact on adjacent residential neighbors.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the use of this property: (Staff’s analysis in italics)
• “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial
development adjacent to residential areas.” (3.06.01B)
The existing auto body shop operates within the existing structure which should contain noise,
odors, and air pollution associated with the use; the applicant’s narrative states that all power
tools are operated inside the shop so as not to disturb surrounding neighbors. The area
surrounding the shop is enclosed by a solid vision fence which screens the area and prevents any
visual pollution from abutting residential properties and the street (Pine Ave.).
The applicant is required to obtain all necessary permits from the Building Department and
comply with life/safety requirements of the Fire Department for the proposed auto body shop.
“Encourage industrial development to locate adjacent to existing industrial uses.” (3.06.01C)
The proposed industrial use (i.e. auto body shop) and I-L zoning is located adjacent to industrial
uses and zoning on the abutting property to the south.
“Reduce the number of existing access points onto arterial streets by using methods such as
cross-access agreements, access management, and frontage/backage roads.” (3.03.02N)
There are two existing accesses via Pine Avenue to this property – one to the residential property
and one to the industrial property. Because the applicant’s narrative states that the business only
services 1-2+/- vehicles per month, staff is amenable to both accesses remaining until such time
as the property redevelops in the future with Council’s approval; at such time access should be
re-evaluated and a cross-access easement may be required to be provided to the property to the
east.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are 4 residential properties that abut this site at the west boundary and one at the east
boundary; all but one, which appears to be a rental property, have submitted letters in support of
this application. There is a solid vision fence along the boundaries of the subject property
adjacent to residential uses which screens the property proposed to be zoned I-L where the
existing auto body shop is located.
The residential use of the property is compatible with other residential uses in the general area
and the school across the street to the north.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
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Zimmerman Auto Body – AZ H-2018-0029 PAGE 5
A. Purpose Statement of Zoning Districts:
Residential: The purpose of the residential districts is to provide for a range of housing
opportunities consistent with the Meridian comprehensive plan. Residential districts are
distinguished by the dimensional standards of the corresponding zone and housing types that can
be accommodated.
Industrial: The purpose of the I-L district is to provide for convenient employment centers of light
manufacturing, research and development, warehousing, and distributing. In accord with the
Meridian comprehensive plan, the I-L district is intended to encourage the development of
industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are
operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation
systems is a requirement of this district.
B. Schedule of Use: UDC Tables 11-2A-2, 11-2A-6 and 11-2C-2 lists the principal permitted (P),
accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8 and I-L zoning
districts respectively. Single-family residential homes are listed as principle permitted uses in the
R-8 zoning district. Major vehicle repair (i.e. auto body shop) is listed as a principle permitted
use in the I-L zoning district; compliance with the specific use standards listed in UDC 11-4-3-
37, Major Vehicle Repair, is required.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-3 and 11-2A-6 for the R-8 zoning district and 11-2C-2 for
the I-L zoning district.
D. Landscaping: Not Applicable (NA)
E. Open Space & Site Amenities: NA
F. Off-Street Parking: NA
G. Structure and Site Design Standards: NA
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
The applicant proposes to annex three (3) parcels totaling 1.13 acres of land with R-8 (0.42 of an
acre) and I-L (0.72 of an acre) zoning districts consistent with the FLUM designations of MDR
and GI as discussed above in Section VII.
There is an existing residential home and an accessory structure used as an auto body shop on the
property. The applicant’s narrative states he has lived in the home and operated the auto body
shop since 1999. The shop operates approximately 3-4 days a week and all power tools are used
inside the shop so as not to disturb the adjacent neighbors. Vehicles serviced by the shop are
immediately moved behind the fence and are kept there until the repair work is completed and the
owner picks up the vehicle.
In 2000, the subject property was hooked up to City water and sewer service but was never
annexed. The reason the applicant is requesting annexation into the City at this time is because of
violations in Ada County related to not being approved to operate the auto body shop at his
residence in the R1 zoning district.
The applicant submitted a site plan included in Exhibit A.2 that shows the placement of
structures on the site. The current parcel configuration does not allow the home to
comply with the minimum setback standards of the R-8 district listed in UDC Table 11-
2A-6, specifically the rear setback. Therefore, Staff advised the applicant to submit and
obtain approval of a property boundary adjustment (PBA) application to enlarge the
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Zimmerman Auto Body – AZ H-2018-0029 PAGE 6
residential parcel proposed to be zoned R-8 so that setbacks can be accommodated; and
combine the narrow parcel along the west boundary of the site with the larger parcel
proposed to be zoned I-L. The proposed zoning boundary is consistent with the future
parcel lines.
There are specific use standards contained in the UDC (11-4-3-37) that apply to the major vehicle
repair use as follows: 1) 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; and 2)
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. The applicant’s
narrative states he operates in compliance with these standards.
Because no new development is proposed with this application, current development standards do
not apply, although additional provisions could be added as provisions of annexation through a
development agreement. Because the adjacent homeowners are in agreement with the proposed
annexation and continued use of the property as-is, staff is not recommending compliance with
any current development standards. However, if redevelopment occurs in the future, the
development standards in effect at that time will apply, including but not limited to: provision of
cross-access to adjacent properties and land use buffers to residential uses/districts.
The legal description submitted with the subject application is included in Exhibit C and shows
the boundary of the property proposed to be annexed and zoned. The property proposed to be
annexed is contiguous to land that has been annexed into the City and is within the Area of City
Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation and
zoning pursuant to Idaho Code section 67-6511A. In order to ensure the site continues to
operate such that it is not a nuisance to adjacent residential neighbors, staff recommends a
DA is required as a provision of the proposed annexation and zoning that contains the
provisions in Exhibit B.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Site Layout
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda June 19, 2018 – Page 72 of 365
Exhibit A.1: Zoning/Aerial Map
Homeowners that have signed letters stating they agree with the annexation and take no issue with the project
proposed (see application for actual letters).
Note: The applicant states that the owner of the property at 834 N. Tall Pine Pl. lives out of state but sent her realtor
to their door and gave them verbal agreement.
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Exhibit A.2: Site Layout
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EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six (6) months of the City Council granting annexation. The DA shall,
at minimum, incorporate the following provisions:
a. The use of the subject property is limited to the existing single-family residential home in the
R-8 zoning district and the auto body shop (i.e. major vehicle repair) in the I-L zoning
district. Any expansion of the existing vehicle repair use or a change in use to another
industrial use shall require an amendment to this agreement.
b. The applicant shall submit and obtain approval of a property boundary adjustment application
so that the zoning boundary is consistent with parcel lines and so that the existing residential
structure complies with the building setbacks of the R-8 zoning district listed in UDC Table
11-2A-6.
c. The applicant shall maintain compliance with the specific use standards listed in UDC 11-4-
3-37, Major Vehicle Repair, as follows: 1) 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; and 2) 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.
d. The applicant shall obtain a Certificate of Occupancy from the Building Department for the
existing auto body shop upon annexation of the property into the City of Meridian.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no comments on this application at this time.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments on this application.
5. PARKS DEPARTMENT
5.1 No comments were received from the Park’s Department on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD has no comments on this application.
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Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary
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D. Required Findings from Unified Development Code
1. ANNEXATION & ZONING/REZONE (UDC 11-5B-3E)
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The City Council finds that the proposed map amendment to the R-8 and I-L zoning districts
is consistent with the existing use and Comprehensive Plan FLUM designation of MDR and
the adjacent “floated” Industrial designations for this site. (See section VII above for more
information.)
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 and I-L zoning districts
is consistent with the purpose statements of the residential and industrial districts as detailed
in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment should not be detrimental to the
public health, safety, or welfare as all noise and odor related work associated with the auto
body shop will be conducted within the structure.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds the proposed annexation and zoning of this property is in the best
interest of the City if the applicant complies with the provisions in the Development
Agreement included in Exhibit B.
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