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Zimmerman Development Agreement H-2018-0029ADA COUNTY RECORDER Christopher D. Rich 2018-108601 BOISE IDAHO Pgs=28 BONNIE OBERBILLIG 11/14/2018 11:36 AM CITY OF MERIDIAN, IDAHO NO FEE 11 i PARTIES: 1. City of Meridian 2. Brian Zinimerinan, Owner/Developer THIS DEVELVIMENT AGREEMENT (this Agreement), is made and entered into this day of 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33'E. Broadway Avenue, Meridian, Idaho 83642 and Brian Zimmerman, whose address is 1775 W. Pine Avenue, Meridian, Idaho 83642, hereinafter called OWNERJDE-VELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 1.13 acres of land with an R-8 (Medium Density Residential)(42 acres) and I -L (Light Industrial)(32 acres) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning DEVELOPMENT AGREEMENT — ZMMERMAN A'uTo BODY (H-2018-0029) PAGE 10F7 Meridian City Council Meeting Agenda November 13, 2018 — Page 42 of 173 Commission, and subsequently before the City Council, includes responses of goverment subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 19`t' day of June, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), for the annexation and zoning of 1.13 acres of land with an R-8 and I -L zoning districts, which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brian Zimmerman, 1775 W. Pine Avenue, Meridian, ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel to be annexed and zoned R-8 (Medium Density Residential)(A2 DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029) PAGE 2 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 43 of 173 acres) and I -L (Light Industrial)(.72 acres) zoning districts zoning district and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The use of the subject property is limited to the existing single-farnily 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. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029) PAGE 3 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 44 of 173 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owrrer/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the tune allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the stone with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reseives all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Properly. 9, REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029 PAGE 4 of 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 45 of 173 ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Brian Zimmerman 1775 W. Pine Avenue Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that DEVELOPMENT AGREEMENT — ZrMMERMAN AUTO BODY (H-2018-0029 PAGE 5 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 46 of 173 the failure to timelyperfor7n any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If anyprovision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in comiection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT — ZIMMERMAN AUTO BODY (H-2018-0029) PAGE 6 OF 7 Meridian City Council Meeting Agenda November 13, 2018 — Page 47 of 173 ACI NOWLEDGIVIENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: fn 'e Brian -Zirmnerman AUG CITY OF MERIDIAN QORpSED ATTEST: !� =�o�` c.ny of w 131(-' � /'�_... ...,. IDAHO Mayor-Tarlini/de Weerd ay Cold, City Cleric SEAL n �2T"�'Qhe TRE.P`�J��aP. STATE OF IDAHO ) ss: County of Ada, ) On this -L— day of�!li 1 U1 , 2018, before me, the undersigned, a Notary Public hi and for said State, personally appeared Brian Zimmerman; known or identified to me to be the person signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ce • BARBARA S SNIFFER (S ALaCOMMISS10N 0630®2 NOTARY PU11M Notary Public far aho STATE OF IDAHO Residing at: 49,4d0' MY COWMAIS810N EXPIRES B�QITO My Commission xpires: — 9D -_1D2-D STATE OF IDAHO ) ss County of Ada ) On this day of N(wP�mbe_I1-, 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of •. • �- �- MCI'Idlatl, - WIIU CXC('Uled -the IDB�f"UIT1CIlZ� Ul' tRC person LRQL CXGI; UtG hie If1SLYQIIlbI1t Ul behalf of saild City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. RLENE WAY (S MISSION 067380 W NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/2? — .iM�iFR1U 0—� rw IJP ---'k Notary Public f r Idaho J Recidingat Commission expires: O g— AUTO BODY (H-2018-0029) PAGE 7 OF 7 Exhibit A: Legal Description & Exhibit Map ELSENGEBRITSON LAND SURVEYS, PLLC. 2259 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 10 March 2018 ELS Project No. 180224 Annexation Land Description ONLY — Contains 49,362 S,F. or 1.13 Acres more or less A tract of land situated within the NE Y4 of the SE % of Section 11, T. 3 N., R.1 W., B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East % comer of said Section 11 from which a found brass cap monument marking the Center Y4 comer of said Section bears N 89011'1 B' W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89°11'18° W a distance of 511.70 feet to the POINT OF BEGINNING. Thence leaving said line S 00°46'42' W a distance of 33.00 feet to a set steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-wal S 00'48'42"W a distance of 250.00 feet to a found steel pin; Thence N 89°11'18' W a distance of 174.42 foot to a set steel pin on the easterly boundary of Conifer Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00048'42' E a distance of 250.00 feet to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00048'42' E a distance of 33,00 feet to a point on said northerly line of the SE %; Thence easterly on said norther(/ line S 89'111'18" E a distance of 174.42 feet to tine POINT OF BEGINNING. The above-described tract of land contains 1.13 acres more or less subject to all existing easements and rights-of-way. 10 Meridian City Council Meeting Agenda November 13, 2018 — Page 49 of 173 EL ENGEBRI7SON LANA SUR VEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859.6032 mike@elsurveys.com 19 March 2018 ELS Project No,180224 Annexation Land Description ONLY Residential Parcel - Contains 18,170 S.F. or 0.42 Acres more or less A tract of land situated within the NE %4 of the SE % of Section 11, T. 3 N., R. 1 W., B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East % corner of said Section 11 from which a found brass cap monument marking the Center'/4 comer of said Section bears N 89°11'18" W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89°11'18" W a distance of 511.70 feet to the POINT OF BEGINNING, Thence leaving said line S 00'48'42" W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00048'42' W a distance of 117,10 feel to a point; Thence N 69°11'18" W a distance of 120.70 feet to a point; Thence N 00048'42` E a distance of 117.10 feet to a point on the southerly rights-of-way line of said West Pine Avenue; Thence N 00°48'42" E a distance of 33.00 feet to a point on said northerly line of the SE 1/4; Thence easterly on said northerly line S 89011'18" E a distance of 120,70 feet to the POINT OF BEGINNING, The above-described tract of land contains 0.42 acres more or less subject to all existing easements and rights-of-way, K1ELSiProjects1201711902241AdrnhlLogals1180224ANNEX Residonlial 031918,doc Zimmerman Auto Body—H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 50 of 173 ELSENGE, BRIT,S'UN LAND SUR VE YS, PLIC: 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 21 March 2018 ELS Project No. 180224 Annexation Land Description ONLY Industrial Parcel - Contains 31,245 S.F, or 0.72 Acres more or less A tract of land situated within the NE A of the SE % of Section 11, T. 3 N., R.1 W., B.M., Ada County Idaho, described as follows; Commencing at a found brass cap monument marking the East''/, corner of said Section 11 from which a found brass cap monument marking the Center''/. corner of said Section bears N 89'1118" W a distance of 2655.06 feet; thence westerly a'ong the northerly line of said SE '% N 896 11'18" W a distance of 511.70 feel to a point; thence leaving said line S 00°4842' W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way fide of West Pine Avenue; thence leaving said rights-of-way S 00°48'42° W a distance of 117.10 feet to the POINT OF BEGINNING. Thence continuing S 00°48'42" W a distance of 132.90 feet to a found steel pin; Thence N 89°1118' W a distance of 174.42 feet to a found steel pin on the eastnriy boundary of Conifar Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00°48'42" E a distance of 250.00 feet to a found steel pin on the southerly rights-of-way tine of said West Pine Avenue; Thence N 00°48'42" E a distance of 33.00 feet to a point on said northerly line of the SE'/; Thence easterly on said northerly line S 89°1118" E a distance of 53.72 feet to a point;' Thence leaving said line S 00°48'42° E a distance of 33,00 feet to a point on the southerly rights-ofavay line of West Pine Avenue; Thence leaving said rights-of-way S 00°48'42" W a distance of 117.10 feet to a point; Thence S 89'1 1'18' E a distance of 120.70 feet to the POINT OF BEGINNING. The above-described tract of land contains 0.72 acres more or less subject to all exlsling casements and rights-of-way. 1W K:IEISIProlecls120111180224'AdminU egais11B0224ANNDC Industrial Parcel 031918.doc Zimmerman Auto Body — H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 51 of 173 EXHIBIT ZIMMERMAN ANNEXATION FOR BRIAN & ANGELA ZIMMERMAN A PORTION OF THE NE 1/4 OF THE SE 1/4 OF SECTION 11, T 3 N, R 1 W, B.M. ADA COUNTY, IDAHO 2018 C 1/4 CORNER SECTIO14 11 CP&F NO. 114007428 &f_to. 9605190088�� — 1969.14' N 00 4842" E 33.00' S,�y9 N 6 N w G�a6► e� z I"= 60' w.PWAM= N 8911'18' W 2655.06' s 88'11'18" E 174.42' 53.72' 120.70' 1 ACRO R/W (NST. N0. 108016740 S 8 71'18` E_ 174.42' 53.72' 120.70' b n! I S12111417501 3 18,117 Sq Ft 1 0.42 Aa CP&F N0. 8908445 _ 511.70' (49&37X498.40) gl I I OL S 89'11'18` E 120.70' 1 S12111417515 1 31,245 Sq Ft I 0.72 Aa A E 1/4 CORNER 00 SECTION 1I 1 CP&F NO. 112085074 CP&F N0. 8908445 _ 511.70' (49&37X498.40) ACRD R/W vesr. N0. 108051523 S 00'48'42" W 33.00' 1 x NOTE: AREA'S SHORN ARE TO CENTER LINE IV. PINE AVENUE 8 FOUND ATED 5/8" STEEL PIN YL Y 0 POB POINT OF BEGdNNING C Poe ti ENGPBAMON LAND SUVRVEYS,, am 2251 S SUMAC SMirr BOISE m.WO 83706 PHONE (208) 359-60.12 m**0Wsu v&j%c m K: \Lwd Profs 2008\180224\d.q\I80224Ra&djV 314-11-2 ELS P.N. IW224 s'HFEf f of f Zimmerman Auto Body – H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 — Page 52 of 173 EXHIBIT B CITY OF MERIDIAN ENDIAN.-I'V-11 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0029 - I - Meridian City Council Meeting Agenda blowfte201135 2-OMge Bkjd 3ftf 173 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0029 -2- Meridian 2 - Meridian City Council Meeting Agenda almerME20113 20Mge 16W 365f 173 By action of the City Council at its regular meeting held on the I day of 2018. COUNCIL PRESIDENT JOE BORTON VOTED �CI COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED \(,Ci COUNCIL MEMBER GENESIS MILAM VOTED_ MAYOR TAMMY de WEERD rOTED (TIE BREAKER) Mayor Tamm e eerd O� I(F-D AUGUST Attest: �Q , �2 C•ily of w .�Vl E IDR IAN)- C. ay Cole .� J City Cleric SEAL y �P Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:_(� )n -4)C� UhAQ Dated: p " VI City C erk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0029 Meridian City Council Meeting Agenda November 13, 2018 - Page 55 of 173 -3- EXHIBIT A STAFF REPORT Hearing Date: June 5, 2018 E IDIAN:-- 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 subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Kvlie Madsen, Anestman Johnson; Brian Zimmerman fl. In opposition: None iii. Commenting: None iv. Written testimony: None V. Staff presenting application: Sonya Allen A. 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: L None e. Outstanding Issue(s) for City Council: i. None ",,a • ► / I fill 1111-11001 1 u 11.1 1 1. \r i• I u 1 1 — Zimmerman Auto Body — AZ H-2018-0029 PAGE 1 Meridian City Council Meeting Agenda Wmertte2gif) 201ftge Ugf 965f 173 1. None d. Ivey Council Changes to Commission Recommendation L 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 '/4 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) Zimmerman Auto Body — AZ H-2018-0029 PAGE 2 Meridian City Council Meeting Agenda blmeftE201135 2OMge 11380SEW 173 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. 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 Q. 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. Zimmerman Auto Body — AZ H-2018-0029 PAGE 3 Meridian City Council Meeting Agenda tllme:ft 2C('[]$ 2-OF&gelBl 86W 173 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: (Staffs 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 ally 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 Councils 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) Zimmerman Auto Body — AZ H-2018-0029 PAGE 4 Meridian City Council Meeting Agenda 3WwrtSe2Cl13) 20 fte 1700 865)f 173 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 fi•ee 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 ntse 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. Stricture 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 Zimmerman Auto Body — AZ H-2018-0029 PAGE 5 Meridian City Council Meeting Agenda Wjnertte201352ORgeF74g3f665f 173 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 Zimmerman Auto Body — AZ H-2018-0029 PAGE 6 Meridian City Council Meeting Agenda 6&m t9ge201135 KMge F/2gif 66W 173 Exhibit A.1: Zoning/Aerial Map 1 96ti I�. c 2040 -T�� maw e -re NH OHO 000 R-40 11LI1 o I084 I I 1926 885 _' 982 2063 A m � o � 1908 857 41 860 2075 7L �W — F =) 83 ' 841 I 834 O 784 2081 21 1979 1951 --- 778 20 yJ1o2007 - .0 823 _$16 772 �i 788 795 NTALL 4 770 2021 761 775' —PINEPL 53 ,fef 2037 772 - • 749 "P. 753 __ 14ROTAN 759 768 745 ry 740 - - AV E 7544, , 737 7s2 8 721 �-ti 739 732 - 727 728 586 713 716 731 r 712 '713 710 568 705 694 1703 g 698 X675 = 690 687 2080 683 R�8 1998 1972' - I - 674 1 (_ _ I 660 1 661 W SNIDER DR---- _ — 642 191 7 1903 635 m 621 630 RA .= LR;,4-p2 5L O 05 737 1725 531 1527 2090 1900 1 96ti I�. c 2040 -T�� maw e -re NH OHO 000 R-40 11LI1 o I084 I I 1926 885 _' 982 2063 A m � o � 1908 857 41 860 2075 7L �W — F =) 83 ' 841 I 834 O 784 2081 21 1979 1951 --- 778 20 yJ1o2007 - .0 823 _$16 772 �i 788 795 NTALL 4 770 2021 761 775' —PINEPL 53 ,fef 2037 772 - • 749 "P. 753 __ 14ROTAN 759 768 745 ry 740 - - AV E 7544, , 737 7s2 8 721 �-ti 739 732 - 727 728 586 713 716 731 r 712 '713 710 568 705 694 1703 g 698 X675 = 690 687 2080 683 R�8 1998 1972' - I - 674 1 (_ _ I 660 1 661 W SNIDER DR---- _ — 642 191 7 1903 635 m 621 630 RA .= LR;,4-p2 5L O 05 737 1725 531 1527 1036 1 1037 1036 1037 — a X1444 1432 1406 11.121 1027 720 15371 �— 1420 131H i' W ium r^ 1017 R W CA RLTD N sr 682 - 1443— 11407 1339 132' 1007 1445 1421 2 i j - 1612 urt 1488 1464 WIIBIDDIC KI ST 144211420 01 1 M W STATE Sl 1001 1419 tDOi' 1441 997 14401 1422 993 ` C0 a F70 N 9A 969 _.. - }-- 965 00 3 ~ 964 11421 d57 939 n _ 925 x 1430 911 791 1788 771-- 1- -7511 740 741 7311721 -- 720 15371 710 i' W ium r^ 692 �'1531.� � 682 �y15 155 = I 678 is 651 ` 631 648 --_62 2 i j - 1612 m I57J t53 WIIBIDDIC KI ST 524 10 • 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. Meridian City Council Meeting Agenda &mrt (32Cl135 2-OlftgeF7WGJ35)f 173 Exhibit A.2: Site Layout I 4 1 � 1 ZLe 1. f -2- Meridian City Council Meeting Agenda Rmertft2=2OMgeB&g3f66%f 173 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. 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. -3- Meridian City Council Meeting Agenda Mmert*e2013520MgeF?W645)f 173 Exhibit C: Legal Description & Exhibit Map for Annexation and Zoning Boundary �LS LENGEBRITSONLAND SURVEYS, PLLC 2251 S, Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 10 March 2018 ELS Project No. 180224 Annexation Land Description ONLY — Contains 49,362 S.F. or 1.13 Acres more or less A tract of land situated within the NE A of the SE % of Section 11, T. 3 N., R.1 K. B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East 74 comer of said Section 11 from which a found brass cap monument marking the Center Y comer of said Section bears N 89°11'18° W a distance of 2655.06 feet; (hence westerly along the northerly line of said SE '% N 88°11'18° W a distance of 511.70 feet to the POINT OF BEGINNING. Thence leaving said line S 00°46'42" W a distance of 33.00 feet to a set steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00648'42"W a distance of 250.00 feet to a found steel pin; Thence N 89°11'18' W a distance of 174.42 feet to a set steel pin on the easterly boundary of Conifer Subdivision (a recorded Plat on file in Book 64 at Page 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00048'42' E a distance of 250.00 feet to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00°4842` E a distance of 33.00 feet to a point on said northerly line of the SE Thence easterly on said northerly line S 8901118" E a distance of 174.42 feet to the POINT OF BEGINNING. The above-described tract of land contains 1,13 acnes more or less subject to all existing easements and rights-of-way. 10 -4- Meridian City Council Meeting Agenda 51,mr1AE20135 20F&ge r78W66Fbf 173 ELSENGEBRITSON LAND SUR VEYS, PLLC. 2259 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys,com 19 March 2018 ELS Project No. 180224 Annexation Land Description 014LY Residential Parcel - Contains 18,170 S.F, or 0.42 Ades more or less A tract of land situated within the NE Y4 of the SE % of Section 11, T. 3 N., R. 1 W., B.M., Ada County Idaho, described as follows: Commencing at a found brass cap monument marking the East'/ corner of said Section 11 from which a found brass cap monument marking the Center '% comer of said Sertion bears N 89°11'18" W a distance of 2655.06 feet; thence westerly along the northerly line of said SE % N 89111'18" W a distance of 511.70 feet to the POINT OF BEGINNING, Thence leaving said line S 0048'42" W a distance of 33.00 feet to a found steel pin on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00°48'42` W a distance of 117.10 feet to a point; Thence N 69°1118" W a distenco of 120.70 feet to A point; Thence N 00048'42` E a distance of 117.10 feet to a point on the southerfy rights-of•way tine of said VVest Fine Avenue; Thence N 00°48'42' E a distance of 3300 feet to a point on said northerly line of the SE'/; Thence easterly on said northerly line S 89°11'18" E a distance of 120.70 feet to the POINT OF BEGINNING, The above-doscribed tract of land contains 0.42 acres more or less subject to all existing easements and rights-of-way, MA K-1EL VrojedsMIA1ar1224Wdn�nlLegalsSiM4ANNEX Resldonlrai Wi g i fl,dcc -5- Meridian City Council Meeting Agenda 6tmfteZM 2-0Mge63gFF865)f 173 ELSENGE BRITSON LANA? SURVEYS, PLL C. 2251 S. Sumac Street, Boise, Idaho 83708 21 March 2018 Telephone (208) 859-81732 mike@elsurveys.com ELS Project No, 180224 Annexation Land Description ONLY Industrial Parcel - Contains 31,245 S.F, or 0.72 Acres more or less A tracl of land situated within the NE % of the SE % of Section 11, T. 3 N., R.1 W., A.bt., Ada County Idaho, described as follows; Commencing at a found brass cap monument marking the East % comer of said Section 11 from which a found brass cap monument marking the Center''/, corner of said Section boars N 89°1118" W a distance of 2655.06 feet; thence vresteriy a'ang the northerly line of said SE Y4 N 890 11'18° W a distance of 511.70 feet to a point; thence leaving said line S 00°48'42' W a distance of 33,00 feet to a found steel pin on the southerly rights-of-way line of West Piro Avenue; thence leaving said fights -of -way S 00°4842° W a distance of 117.10 feet to the POINT OF BEGINNING. Thence continuing S 00648'42'W a distance of 132.90 feet to a found steel pin; Thence N 89°1118' W a distance of 174.42 feet to a found steel pin on the easterly boundary of Cnnifer Subdivislon (a recorded Plat on file in Boole CA at Pages 6459) records of Ada County, Idaho; Thence northerly along said boundary N 00°48'42" E a distance of 250.00 feel to a found steel pin on the southerly rights-of-way line of said West Pine Avenue; Thence N 00°48'42° E a distance of 33.00 feet to a point on said northerly line of the SE 114; Thence easterly on said northerly line S 89'11'18" E a distance of 53.72 feet to a point;' Thence leaving said line 5 00048'42` E a distance of 33.00 feet to a point on the southerly rights-of-way line of West Pine Avenue; Thence leaving said rights-of-way S 00°48'42" W a distance of 117.10 feet to a point; Thence S 89"11'1 WE a distance of 120.70 feet to the POINT OF BEGINNING. Tho above-described tract of land contains 0,72 acres more or less subject to all existing easements and rights-of-way. 7 '63( i �nja+ntaa, + IC oaO I(:1EiSlNeclst20171100224Wdmintil.egalsl1B0224ANNEX Industrial Parool 0319i8.doo -6- Meridian City Council Meeting Agenda tltn rME2U13$ 206Qge F78f 665of 173 EXHIBIT ZIMMERMAN ANNEXATION _ —FOA - BRIAN & ANGELA ZIMMERMAN A PORTION OF 7HE NE 1/4 OF THE SE 1/4 OF SECTION 1f, T 3 N, R 1 W, B, M. ADA COUN7Y, IDAHO 2018 C 1/4 CORNER W fS:�CT10JJ 11 E 1/4 CORN£R --� CP&F NO, 11400742811 SECT1p'J O 8971'18" W 2655,05' QQ CP&� 1J0, 112C85074CP&F NO. 86051908 w _ S 8911 '18 E 174.42' JC CP41F NO. 8908445 N 1" = 60' 1969.]4 1-5=72'70' ��__ ; ! N ! ACK, r,,4y ksr. Na. M101C740 ! (49Esr;{4�.40J S 8 7118 ! 174.42' c^� R/V•'"sr r;a fna�rs:3 00 48'42" E 33.00' s3 — �S 00'48'42" W 33.00' 4�1zD.7D' F1 ! lJ1 S12111417501 NO1E: AREA'S SHOWN A RE T O 18,11`7 Sq Ff CENrER LIN' W! PINE AENUE 0.42 Ac o CALCU1AT:O P051R0! ONLY N1, FOUND 5/8" STEEL PIN tl bl 4 PO® POLVT OF eEQNNING OI ! f IQ J� 9 BVI of iN —17,0.70' c� _ 512111417515 C,41 fl 31,245 Sq Ft z Q! 0.72 Ac. I o o' 4 4 Zi ENGEElnnSON LANA SUfiVEYS, PLIC, 1 ! 2asr s sunup sraeer 1 1 9a'SE; .l'�JK1 BTICQ _ 160.67 PHONE (2L19) 899-60.17 m&a0a�avrrrp.can N 8971'18"�W 174.427-� it ai F2octit�ELS P feaus'9\sL�iAOF I -7- Meridian City Council Meeting Agenda Nmiefte20133 MMgeF79W6nf 173 D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING/REZONE (UDC I1 -513-3E) 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 in formation) 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 11-513-3.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. -8- Meridian City Council Meeting Agenda &marME20115 WRge I800865of 173