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