HomeMy WebLinkAboutHartz Music Shop
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
STAFF REPORT
SUBJECT:
Mayor & City Council
Sonya Watters, Associate City Planner
(208) 884-5533
Hartz Music Shop
. AZ-07 -002
Annexation and Zoning of 0.42 of an acre from R1 (Ada County) to C.G
(General Retail and Service Commercial District) for the property
located at 1970 N. Meridian Road
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Hearing Date:
April 17,2007
TO:
FROM:
. RZ-07-003
Rezone of 0.38 of an acre from L-O to C-G for the property located at
1990 N. Meridian Road
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Hartz Music Shop, has requested Annexation and Zoning (AZ) approval of 0.42 of an acre
from Rl (Ada County) to C-G (General Retail and Service Commercial) for the property located at 1970
N. Meridian Road. Additionally, the applicant is requesting Rezone (RZ) approval of 0.38 of an acre from
L-O (Limited Office) to C-G (General Retail and Service Commercial) for the property located at 1990 N.
Meridian Road. The subject properties are directly adjacent to each other and are located approximately ~
mile north of Fairview Avenue on the east side of N. Meridian Road, in the southwest ~ of Section 6,
Township 3 north, Range 1 west. The subject properties are within the City's Area of Impact and the
Urban Service Planning Area.
The applicant has been serving Meridian and the surrounding area as a music instruction and retail music
sales operation at their current location since 1998. They would like to continue the current use along with
incorporating an outdoor dinner show facility for small shows and recitals in the future. To do this, the
property must be zoned in the City accordingly. Professional services (music instruction) and retail sales
are permitted uses in the requested C-G, and staff recommended C-C zones. Entertainment facilities
with an outdoor stage or music venue for small shows and recitals require Conditional Use Permit
approval in the C-C and C-G zones. The applicant is not currently requesting CUP approval for the
outdoor stage or music venue on this site.
2. SUMMARY RECOMMENDATION
The subject AZ & RZ applications were submitted to the Planning Department for concurrent review.
Below, staff has provided a detailed analysis, comments, and recommended actions for the subject
applications. By City Ordinance, the Planning & Zoning Commission is required to make a
recommendation to the City Council on both the AZ and RZ applications. Any comments from the
Commission related to the subject applications will be included in the Commission's recommendation to
the Counci1. Staff is recommending approval of the subject AZ & RZ applications to the C-C zone
for Hartz Music Shop, as presented in the staff report for the hearing date of March 15, 2007, based
on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions
listed in Section 10 and Exhibit B of the staff report.
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
The Meridian Plannine and Zonine Commission heard these item(s) on March 1. 2007 and March
15.2007. At the public hearine on March 15.2007. the Commission voted to recommend approval.
a. Summarv of Commission Public Hearine:
i. In favor: Matthew Hartz. Owner/Applicant
ii. In opposition: None
iii. Commentine: None
iv. Written testimonv: None
v. Staff presentine application: Sonya Watters
vi. Other staff commentine on application: None
b. Kev Issues of Discussion bv Commission:
i. Hours of operation for future outdoor entertainment facilitv/staee
c. Kev Commission Chanees to Staff Recommendation:
i. None
d. Outstandine Issue(s) for City Council:
i. Annexation & Rezone to the C-C zone. instead of the C-G zone as requested. per
the staff report
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
07-002 & RZ-07-003, to zone the properties to C-C, as presented in the staff report for the
hearing date of April 17, 2007, with the following modifications: (add any proposed
modifications)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-
002 & RZ-07-003, as presented in the staff report for the hearing date of April 17, 2007, for the
following reasons: (you should state specific reasons for denial ofthe annexation request)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number AZ-
07.002 & RZ-07.003, to the hearing date of (insert continued hearing date here) for the following
reason(s): (you should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1970 & 1990 N. Meridian Road (Parcel No.'s: 51106336012 & R7039001060)
Generally located 14 mile north of Fairview Avenue, on the east side of N. Meridian
Road, in the SW ~ of Section 6, Township 3 North, Range 1 East.
b. Property Owner of Record:
Matthew Hartz
1970 N. Meridian Road
Meridian, II) 83642
c. Applicant:
Hartz Music Shop, Inc.
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL] 7,2007
1990 N. Meridian Road
Meridian, II) 83642
d. Representative: Matthew Hartz, Hartz Music Shop
e. Present Zoning:
Rl (Ada County) - 1970 N. Meridian Road
L.O (Limited Office) -1990 N. Meridian Road
f. Present Comprehensive Plan Designation: Commercial (both properties)
g. Description of Applicant's Request: The applicant is requesting approval to annex and zone
0.42 of an acre from Rl to C-G for the property located at 1970 N. Meridian Road.
Additionally, the application is requesting approval to rezone 0.38 of an acre from L-O to C-
G for the property located at 1990 N. Meridian Road.
h. Applicant's Statement/Justification (see Applicant's application and letter): "Since 1998,
Hartz Music Shop has been at its current location serving Meridian and the surrounding areas
as a music instruction and music retail sales operation. The proposed use includes a
continuance of these services and the integration of an outdoor dinner show facility for small
shows and recitals. Both properties conform to the City of Meridian's Comprehensive Plan
and the project has been discussed with City planners."
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
b. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
c. Newspaper notifications published on: February 12, 2007, and February 26, 2007
(Commission); March 26. 2007 and April 9. 2007 (Citv Council)
d. Radius notices mailed to properties within 300 feet on: February 2, 2007 (Commission);
March 23. 2007 (Citv Council)
e. Applicant posted notice on site by: March 2, 2007 (Commission); April 9. 2007 (Citv
Council)
6. LAND USE
a. Existing Land Use(s):
Residential property with an existing house, zoned Rl - 1970 N. Meridian Road
Hartz Music Shop, zoned L-O - 1990 N. Meridian Road
b. Description of Character of Surrounding Area: This area along the east side ofN. Meridian
Road, north of Fairview Avenue, is transitioning from residential to commercial property.
c. Adjacent Land Use and Zoning:
1. North: Residential apartments (James Court), zoned R-15
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
2. East: Residential apartments (James Court), zoned R-15 and single-family
residences, zoned R-8
3. South: Vacant, undeveloped land, zoned Rl (Ada County) - currently requesting
annexation and zoning into the City with a C-C zone for a future office
building (Hoyd)
4. West: Offices, zoned L-O and residential property with a pasture, zoned RUT (Ada
County)
d. History of Previous Actions: The property at 1990 N. Meridian Road was annexed into the
City and zoned L-O in 1999. A Development Agreement (Instrument No. 99072887) was
entered into at that time between the owner of the property and the City of Meridian that
prohibited residential use of the property and prohibited the building to be used exclusively
for retail uses.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is a City of Meridian sewer main in Meridian Road.
Location of water: There is currently a water main in Meridian Road.
Issues or concerns: Any work or improvement within the floodway or floodplain
on this property shall file a floodplain development application with the City of
Meridian Public Works Department prior to commencement of the work.
2. Vegetation: There are some existing trees on the subject property that should either
be preserved or mitigated for at the time of development. The applicant should
coordinate a plan with the City Arborist, Elroy Huff.
3. Floodplain: The eastern portion of the property located at 1990 N. Meridian Road,
along the Five Mile Creek, is located within flood zones X5 and AE but is not within
the floodway. The eastern portion of the property located at 1970 N. Meridian Road
is also within flood zone X5 and AE, outside of the floodway, but a very small sliver
of the property along the eastern boundary is within the floodway.
4. Canals/Ditches Irrigation: The Five Mile Creek lies adjacent to the site on the east
boundary.
5. Hazards: None
6. Proposed Zoning: C-G (General Retail & Service Commercial)
7. Size of Property: 0.42 of an acre - 1970 N. Meridian Road
0.38 of an acre -1990 N. Meridian Road
f. Summary of Proposed Streets and/or Access: The concept plan submitted with this
application shows two access points to N. Meridian Road. Staff is recommending that only
one access point to N. Meridian Road be allowed once the existing residence is converted to
commercial use via CUP/CZC approval. At that time, the applicant states that sole access to
the site will be provided from the existing driveway on the northern parcel. The existing
driveway on the southern parcel where the existing house is should terminate upon CUP/CZC
approval. Cross-access will be provided with the property to the south owned by Kendall
Hoyd via a driveway at the south boundary of the site. Staff is supportive of the proposed
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ]7,2007
cross-access with the parcel to the south and the single access point to N. Meridian Road as
discussed. Although they have not provided specific comments on the subject AZ & RZ
applications, ACHD generally restricts direct access to arterial streets and encourages
combined access points. ACHD has provided general comments in Exhibit B that may be
applicable upon future development of the property.
g. Landscaping:
1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 25-foot wide
landscape street buffer will be required adjacent to N. Meridian Road, an arterial
roadway when this property develops in the future.
2. Width ofbuffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot
wide landscape buffer is required between C-G and C-C zoned property and
residential uses. Currently, there are residential uses to the north and east of this site.
A 25-foot wide buffer will be required adjacent to residential uses when this property
develops in the future.
7. COMMENTS MEETING
On February 9,2007, ajoint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Police Department, Meridian Parks Department, Meridian Public Works Department, and the
Sanitary Services Company. All ofthe received comments are "standard" and have been included
within this report. Once a development plan(s) is submitted, the applicant should be required to
comply with the specific comments and conditions from all commenting agencies and
departments.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
"Commercial". The Comprehensive Plan defines the Commercial district as: "This designation
will provide a full range of commercial and retail to serve area residents and visitors. Uses may
include retail, wholesale, service and office uses, multi-family residential, as well as appropriate
public uses such as government offices. Within this land use category, specific zones may be
created to focus commercial activities unique to their locations. These zones may include
neighborhood commercial uses focusing on specialized service for residential areas adjacent to
that zone." The applicant is requesting to rezone this property to C-G, which is consistent with the
Comprehensive Plan designation for this site. However, staff recommends that this property be
zoned C-C, which is also consistent with the Comprehensive Plan (see Section 10, AZ Analysis
below for more detail).
Staff finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy):
. Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The property at 1990 N. Meridian Road (the northern parcel) is already
within the corporate boundaries of the City. The City of Meridian plans to provide municipal
services to the lands proposed to be annexed (the southern parcel) in the following manner:
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
);;> Sanitary sewer and water service will be extended to the project at the developer's
expense.
);;> The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rural Fire
Department.
);;> The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
);;> The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
);;> The subject lands are currently serviced by the Meridian School District No.2. This
service will not change.
);;> The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
. Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
On the submitted conceptual development plan, the applicant is proposing one access point
to N. Meridian Road, an arterial street. A driveway stub to the parcel to the south is also
proposed for future cross-access out to Carmel Drive. Cross-access should be provided to the
Hoyd property to the south with this application. The property owner to the south, Kendall
Hoyd, is currently seeking approval for this parcel to be annexed into the city and is
providing a driveway to the north to the Hartz parcel for cross-access. City and ACHD staff
are supportive of restricting access points on arterial streets.
. Chapter VII, Goal IV, Objective D, Action 4 ~ "Require appropriate landscape and buffers
along transportation corridors (setback, vegetation, low walls, berms, etc.)."
North Meridian Road is designated as an arterial street. By City Ordinance, a 25-foot wide
landscape buffer is required adjacent to Meridian Road. This landscape buffer will be
required by the City with future Conditional Use Permit (CUP) and/or Certificate of Zoning
Compliance (CZC) approval.
. Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install
and maintain landscaping."
The applicant is not specifically proposing to install any landscaping with the subject
annexation and rezone applications. However, in order to obtain approval for a future
expansion of the business, the applicant will be required to install internal and perimeter
landscaping.
. Chapter IV, Goal I, Objective A, Action 6 - "Permit new. . . commercial development only
where urban services can be reasonably provided at the time of final approval and
development is contiguous to the City."
The subject annexation parcel is contiguous to the city. Sanitary sewer and water are
available to this parcel.
. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
With future expansion of the existing business, the applicant will be required to constmct a
25.foot wide landscape buffer on the perimeter boundaries of the site that abut residential
uses to protect and buffer adjacent residential properties. Staff is also requesting that a
Development Agreement be entered into between the City and the owner of the property that
will restrict hours of operation of the existing and future business to between 6 am and 10 pm
to alleviate noise disturbances to the residential neighbors.
. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The subject property lies along the Five Mile Creek, which is designated on the
Comprehensive Plan Future Land Use Map to have a 10-foot wide multi-use pathway
alongside it. Because the residential properties on the east side of the creek are already
developed, the pathway will most likely be required by the City on the west side of the creek
with CUP/CZC approval on this site. This pathway would promote neighborhood
connectivity in the future as part of the community pathway system.
. Chapter VII, Goal 1 , Objective B - "Plan for a variety of commercial and retail opportunities
within the Impact Area."
Staff believes that a commercial zone, which allows retail sales and professional services and
conditionally allows outdoor entertainment facilities with a stage and music venue, will
contribute to the variety of uses in this area which include: a music shop, offices, multi-family
homes, and a grocery store, if a future cUP for an entertainment facility with an outdoor
stage or music venue is approved..
Stafffinds that the C-C zone is harmonious with and in accordance with the Comprehensive Plan.
Staff recommends that the Commission and Council rely on staff's analysis, other
agency/department comments, and any other comments received regarding the appropriateness
of zoning this site for commercial uses.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table ll-2B-2 lists the permitted,
accessory, and conditional uses in the C-G and C-C zoning districts. Professional services
(music instruction) and retail sales are permitted uses in the C-G and C-C zones.
Entertainment facilities with an outdoor stage or music venue for small shows and recitals
require CUP approval in the C-C and C-G zones.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
AZ Application: Approval of the subject annexation application would allow the applicant
to obtain a commercial zone which would allow for the expansion of Hartz Music Shop,
currently operating on the parcel to the north.
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
The applicant is requesting to annex the property with a C-G zoning district. Staff believes
that because the Hoyd property to the south is in the process of annexing and obtaining a C-C
zone and because the properties further to the south to Cherry Lane are currently zoned C-C
that this property should also be zoned C-C for consistency. This is especially important
because the two parcels will be providing cross-access to each other and the intensity of the
use should be substantially the same. The C-C zone is also a less intense commercial
designation than C-G, which would be more hannonious with the surrounding residential
uses. Both the C-C and C-G zones comply with the Comprehensive Plan Future Land Use
Map designation of commercial for this property. Further, both zones allow for music
instruction, retail sales, and indoor entertainment facilities as principal permitted uses and
entertainment facilities with an outdoor stage or music venue with conditional use approval.
Staff is recommending that the property be zoned C-C instead of C-G for the
aforementioned reasons.
The annexation legal description submitted with the application (stamped on January 18,
2007 by Peter W. Lounsbury, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
RZ Application: Approval of the subject rezone application from L-O to the C-C or C-G
would allow for retail sales and the operation of an outdoor entertainment facility for a stage
or music venue, if a future CUP is approved.
Staff is recommending that the property be rezoned to C-C instead of C-G for the
reasons stated above in the AZ analysis.
The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007
and submitted with the application, is accurate and meets the requirements of the City of
Meridian and State Tax Commission.
Concept Plan: The applicant has submitted a concept plan for this site. The concept plan
shows two buildings, which are between Meridian Road and the parking on the east side of
the site. Staff is generally supportive of the submitted conceptual site plan for this property.
However, a scale is not shown on the plan making it impossible for staff to determine if the
site complies with the dimensional standards of the unc. All parking stalls, drive aisles,
landscaping, buffers, sidewalks, lighting, signage, building height and building setbacks for
this site should comply with the applicable provisions and dimensional standards set forth in
the Unified Development Code.
Existing Structures and Uses: There is currently a home and a music store on the property.
Upon annexation and zoning of the southern property, the existing residence will become a
legal non-conforming use. The applicant, Commission, and Council should be aware that no
alterations, expansions, reconstructions or other enlargements to the structure will be
permitted except through a CZC and except where the use of the structure changes to a use
permitted in the C-C zone.
The applicant has submitted photos of the existing structures on the site (attached in Exhibit
A of this staff report). The applicant intends to keep the existing structures on the site and use
them as part of the Hartz Music Shop business. A tent area is shown on the conceptual site
plan between the two buildings to be used for small outdoor shows and recitals. The applicant
states that in the future, this area may be enclosed for indoor shows. As noted in the staff
report above, outdoor arts/entertainment facilities (stages and/or music venues) require CUP
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ]7,2007
approval in the C-C/C-G zones. Indoor arts/entertainment facilities are principally permitted
in the C.C/C-G zone.
Access: The concept plan submitted with this application shows two access points to N.
Meridian Road. Staff is recommending that only one access point to N. Meridian Road be
allowed once the existing residence is converted to commercial use via CUP/CZC approval.
At that time, the applicant states that sole access to the site will be provided from the
existing driveway on the northern parcel. The existing driveway on the southern parcel
where the existing house is should terminate upon CUP/CZC approval. Cross-access will
be provided with the property to the south owned by Kendall Hoyd via a driveway at the
south boundary of the site. Staff is supportive of the proposed cross-access with the parcel
to the south and the single access point to N. Meridian Road as discussed. Although they
have not provided specific comments on the subject AZ & RZ applications, ACHD
generally restricts direct access to arterial streets and encourages combined access points.
ACHD has provided general comments in Exhibit B that may be applicable upon future
development of the property. A copy of the recorded cross-access easement/agreement with
the property owner directly south of the site shall be submitted to Planning staff prior to
CZC issuance.
Hours of Operation: The applicant has stated that the hours of operation for this business
will not extend past 10 pm. Staff is recommending as part of the Development Agreement
that the hours of operation for the business on the site be limited to the hours between 6:00
am and 10:00 pm because of the existing residential uses north and east ofthe site.
Landscaping: Meridian Road is classified as an arterial roadway; a 25-foot wide landscape
buffer is currently required adjacent to arterial roadways. There are existing residential uses
to the east and north of the site; a 25-foot wide landscape buffer is required between C-G/C-C
zoned property and residential uses (UDC Table ll-2B-3). All landscape buffers will be
required by the City with future CUP/CZC approval and shall be installed prior to issuance of
Certificate of Occupancy.
Flood plain: The eastern portion of the property located at 1990 N. Meridian Road, along the
Five Mile Creek, is located within flood zones X5 and AE but is not within the floodway. The
eastern portion of the property located at 1970 N. Meridian Road is also within flood zone X5
and AE, outside of the floodway, but a very small sliver of the property along the eastern
boundary is within the floodway. An elevation certification for future buildings will not be
necessary in this instance because only about 4 feet of the property at the widest point, lies
within the floodway, which is within the required landscape buffer area.
Parking: For commercial uses, parking stalls are currently required at the rate of one space
per 500 s.f. of gross floor area (UDC ll-3C-6B). Parking on the site will be reviewed for
compliance with UDC standards at the time of CUP/CZC approval. Also, no linear grouping
of parking spaces shall exceed twelve (12) in a row, without an internal planter island per
UDC ll-3B-8C.
Conditional Use Permit (CUP): The applicant shall be responsible to obtain CUP approval
from the Planning & Zoning Commission prior to the commencement of any outdoor
entertainment facility use for the small shows & recitals discussed in the narrative.
Certificate of Zoning Compliance (CZC): The applicant shall be responsible to obtain a
CZC permit from the Planning Department for all new construction on the site, expansion
Hartz Music Shop - AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL] 7,2007
of the existing use, and/or the change in use from residential to commercial for the property
at 1970 N. Meridian Road.
Development Agreement: UDC 11-5B-3D2 provides the Planning & Zoning Commission
and City Council the authority to require a property owner to enter into a Development
Agreement with the City of Meridian that may require some written commitment for all
future uses. Due to the proposed use and proposed cross-access, staff believes that a
Development Agreement is necessary to ensure that this property is developed in a
fashion that is consistent with the comprehensive plan and does not negatively impact
nearby properties. If the Commission or Council feels additional development agreement
requirements are necessary, staff recommends a clear outline of the commitments of the
developer being required.
A Development Agreement (DA) will be required as part ofthe annexation and rezone of this
property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into
between the City of Meridian, the property owner(s) (at the time of annexation/rezone
ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill
Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA
shall include, at a minimum, the following:
. The subject property shall be zoned C-C, not C.G as requested.
. A cross-access easement shall be provided to the property owner to the south
(Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site,
submit a recorded copy of said cross-access easement to the Planning Department.
. The hours of operation for the business on the site shall be limited to the hours
between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing
residences adjacent to the site.
. The applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit from the Planning Department for all new construction on the subject
property and the change in use from residential to commercial for the property at
1970 N. Meridian Road.
. The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval
from the Planning & Zoning Commission and Certificate of Zoning Compliance
approval from the Planning Department prior to the commencement of the outdoor
entertainment facility use for the small shows & recitals discussed in the narrative
(and any other CUP required uses proposed on this site in the future).
. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
. The detailed site plan submitted with any CUP and/or CZC application on this site
shall substantially comply with the conceptual site plan submitted to the City as
shown in Exhibit A of the Staff Report.
. The applicant shall be responsible for all costs associated with sewer and water
service installation.
. Only the single access point to Meridian Road shown on the conceptual site plan on
the northernmost parcel shall be allowed to this site. The existing access to Meridian
Road for the southern parcel shall terminate upon CZC/CUP approval of a change or
expansion of the existing use.
. A minimum 25-foot wide landscape buffer will be required and shall be constructed
along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7,
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
when a CUP and/or CZC is reviewed and approved in the future.
. A minimum 25wfoot wide landscape buffer shall be constructed adjacent to any
existing residential uses which abut this site in accordance with UDC 11-3B-9, when
a CUP and/or CZC is reviewed and approved in the future.
. A 10-foot wide multi.use pathway may be required on this property along the south
side ofthe Five Mile Creek (depending on the Pathways Master Plan).
. A sidewalk shall be constructed along N. Meridian Road.
. That any work or improvement within the floodway or floodplain on this property
shall file a floodplain development application with the City of Meridian Public
Works Department prior to commencement of the work.
. The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for any change in use of the site.
b. Staff Recommendation: Staff is recommending approval of the subject AZ & RZ applications to the
C-C zone, not C-G as requested, for Hartz Music Shop, as presented in the staff report for the hearing
date of March 15, 2007. This recommendation is based on the Findings of Fact as listed in Exhibit D
and subject to the Development Agreement provisions listed in Section 10 and Exhibit B. The
Meridian Plannine and Zonine Commission heard these item(s) on March 1. 2007 and March
15. 2007. At the public hearine: on March 15. 2007. the Commission voted to recommend
approval.
11. EXHmITS
A. Drawings
1. Vicinity Map
2. Conceptual Site Plan
3. Photos of existing structures on the site
B. Agency Comments
1. Planning Department
2. Fire Department
3. Police Department
4. Parks Department
5. Ada County Highway District
C. Legal Descriptions & Exhibit Maps
D. Required Findings from Unified Development Code
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page] ]
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007
Exhibit A
1. Vicinity Map
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ]7,2007
2. Conceptual Site Plan
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
3. Photos of existing structures on the site
1990 N. Meridian Road
1970 N. Meridian Road
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
Exhibit B
Agency Comments
1. PLANNING DEPARTMENT
1.1 The annexation legal description submitted with the application (stamped on January 18, 2007, by
Peter W. Lounsbury, PLS) shows the property adjacent to the existing corporate boundary of the
City of Meridian.
1.2 The rezone legal description prepared by Peter W. Lounsbury, PLS, dated January 18, 2007 and
submitted with the application, is accurate and meets the requirements of the City of Meridian
and State Tax Commission.
1. 3 Prior to the annexation and rezone ordinance approvals, a Development Agreement shall be
entered into between the City of Meridian, the property owner(s) (at the time of
annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City
Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this
process. The DA shall include, at minimum, the following:
. The subject property shall be zoned C-C, not C-G as requested.
. A cross-access easement shall be provided to the property owner to the south
(Kendall Hoyd). Prior to issuance of a Certificate of Zoning Compliance on this site,
submit a recorded copy of said cross-access easement to the Planning Department.
. The hours of operation for the business on the site shall be limited to the hours
between 6:00 am and 10:00 pm to reduce possible adverse impacts to the existing
residences adjacent to the site.
. The applicant shall be responsible to obtain a Certificate of Zoning Compliance
(CZC) permit from the Planning Department for all new construction on the subject
property and the change in use from residential to commercial for the property at
1970 N. Meridian Road.
. The applicant shall be responsible to obtain Conditional Use Permit (CUP) approval
from the Planning & Zoning Commission and Certificate of Zoning Compliance
approval from the Planning Department prior to the commencement of the outdoor
entertainment facility use for the small shows & recitals discussed in the narrative
(and any other CUP required uses proposed on this site in the future).
. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
. The detailed site plan submitted with any CUP and/or CZC application on this site
shall substantially comply with the conceptual site plan submitted to the City as
shown in Exhibit A of the Staff Report.
. The applicant shall be responsible for all costs associated with sewer and water
service installation.
. Only the single access point to Meridian Road shown on the conceptual site plan on
the northernmost parcel shall be allowed to this site. The existing access to Meridian
Road for the southern parcel shall terminate upon CZC/CUP approval of a change in
use or expansion ofthe existing use.
. A minimum 25-foot wide landscape buffer will be required and shall be constructed
along the entire frontage of N. Meridian Road in accordance with UDC 11-3B-7,
when a CUP and/or CZC is reviewed and approved in the future.
. A minimum 25-foot wide landscape buffer shall be constructed adjacent to any
existing residential uses which abut this site in accordance with UDC 11-3B-9, when
a CUP and/or CZC is reviewed and approved in the future.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
. A lO-foot wide multi-use pathway may be required on this property along the south
side ofthe Five Mile Creek (depending on the Pathways Master Plan).
. A sidewalk shall be constructed along N. Meridian Road.
. That any work or improvement within the floodway or floodplain on this property
shall file a floodplain development application with the City of Meridian Public
Works Department prior to commencement of the work.
. The applicant shall complete all required improvements prior to obtaining a
Certificate of Occupancy for any change in use of the site.
A copy of the concept plan attached in Exhibit A of this staff report should be included as an
Exhibit in the DA.
2. FIRE DEPARTMENT
2.1 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius. A turn-around shall be provided at the north end of property that meets the requirements
of the Fire Department.
2.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
2.3 Commercial and office occupancies will require a frre.flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D. Show
location of ALL fire hydrants within 500 feet of the property on the CUP application site plan.
2.4 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
3. POLlCE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. PARKS DEPARTMENT
4.1 A 10-foot wide multi-use pathway may be required along the west side of Five Mile Creek with
development ofthis property (depending on the Pathways Master Plan)..
5. ADA COUNTY HIGHWAY DISTRICT
5.1 District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-FlB). This right-
of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached
sidewalks and bike lanes.
5.2 District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all
collector roadways and arterial roadways (7204.7.2).
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL] 7,2007
5.3 District policy 7207.8 states that direct access to arterials and collectors is normally restricted.
The developer shall try to use combined access points. If the developer can show that the use of a
combined access point to a collector or arterial street is impractical, the District may consider
direct access points. Access points for proposed developments at intersections should be located
as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4,
unless a waiver for the access point has been approved by the District Commission.
5.4 Graveled driveways abutting public streets create maintenance problems due to gravel being
tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be
required to pave the driveway its full width and at least 30-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with l5-foot radii abutting the existing
roadway edge.
5.5 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000
vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-
cut type facilities iflocated on local streets. Curb return type driveways with I5-foot radii will be
required for driveways accessing collector and arterial roadways.
5.6 It is recommended that the applicant and/or representative schedule a pre.application meeting
with District Staff prior to design and submittal of a formal development plan.
Exhibit B
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL] 7,2007
Exhibit C
Legal Description & Exhibit Map for the property at 1970 N. Meridian Road (C-C zoning)
lanuay 18, 2()()1
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Bartz Property...... Aro__.wOTl
uno NoI1II MerI..... Road
A JIlRCI oflaod deacribld in Wmamy Deed IDs1rument ';10007916] topCberwith. portlonof
NortbMcricUlRoldRi&ht-Of.Way,IOClded in aportiOll c:ifLot 7 in Scl::tioa6. TOWDShip 3 NOL1h,
RIllp 1 Eul, BoiIIe MerictiaD, Ada Comdy, IdMo beins more pIIrticu1arIy d.:ribed lUI follows:
('0IIlIJIeIDt'iq lib Soulhwest eon. of Slid Section 6. thence North 0"01 '30" W_ 1234.18 fcc:t
... dur W.. line of Mid Sectioa 6 to 1he POINT OF BEGINNING, tbmce teaving said Section
lino
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~ 00"01'30" Welt 94.26 Coer. tboIIA
s.oa88"44'3(f' WtlIt 197.84 fed IOCbc Nortbw_ Com<<ohlid Lol7in Section 6. ibcncealong
said WClIlIine of laid Soalion 6
SoIdh 00-0}'3O" Easl90.00 feel to \be POINT OF BEGINNING.
Slid plllCCl c:oDtaiDS 18,223 ")_ feet or O.421ChlS., IDOJO or'-,
11Iia cbcriplioo WII prepmed lIIing ~ infomwion and wilbow tbe beneOt or. IlUrvey.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ]7,2007
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL ]7,2007
Legal Description & Exhibit Map for the property at 1990 N. Meridian Road (C-C zoning)
lanuBo> 18~ 2007
BartZ I'ntpcrty RemDe
.". Nerdl MeridI.. RoAd
A pIlCCI of land described ia Wammy.OIed IosIrwneDt ffl099S06 tDpIher with a portion of
Nonh Meridian Road Risbt.ot~W8Y, klca&ed ill. poniOll olLot 6 ofJ.E. pfOst', Subdivision io Lol
6 ofSecti9u ~ Towaabip 3 North,. Rap I Ball. Boise Meridian, Ada County, Idabo bcmg more.
peiticuIIrIy deIcribed as follows:
ComIlll~"1he South'M8f Comer ofsaicl SeCtion 6" ihenco North 0"01'30" West 1234.28 filet
IIoaS lbe W_ line otsaid SedioD 6, thcmce ClODI.inuing NorthOOOJ '30" West 90.00 fOllllo the
POINT OJ' BKGINNING, thence 1caviDSIIid West line
North "44'30" Bast 200.01 _ thence
Nortb 00001'~0" W08l85.00 fed. tbaM:c
SouIb.W....3O"'Weet4.S.3S r.. tbeace
South 00"01 *30'" East 25.00 feet. thaIc:c
SouIbSS044"3f1' West 10.00 t'cet, Ibedeo
Norrb 00001'30" W.. 25.00 fect.1beace .
Sou&h 8r44'30" Wal14U6 feet 10 laid Weill line of Section 6,IbCJXO IloDgItaid Walline
South 00"01 '30" East 85.00 tOR to the JIOINT OF BEGINNING.
Said plIItIII cootains 16,747 square foot or 0.38 8ClW, men or lea.
TbiI deec:riptioD wu prepaml -III reconl iDformaticm lIlId without the buaJefit of a survey.
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
POINT OF
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
Exhibit D
Required Findings from Unified Development Code
Annexation and Zoning & Rezone Findings:
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:
1. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The applicant is proposing to zone the subject properties to C-G. The Commission finds
that the proposed zoning map amendment complies with the applicable provisions of the
Comprehensive Plan, if the property is zoned to C-C. Please see Comprehensive Plan
Policies and Goals, Section 8, of the Staff Report for more information.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Commission finds that the existing music instruction and associated retail sales,
along with the future outdoor dinner show facility for small show and recitals would be a
conditional use within the requested C-G, and staff recommended C-C zone. Staff and the
Commission believe that the existing and proposed use will continue to provide much
needed services and entertainment options for the community. As mentioned previously,
the applicant has submitted a conceptual development plan for this site. A detailed plan
will be required with the Conditional Use Permit (CUP) and/or Certificate of Zoning
Compliance (CZC) application. The Commission finds that future development of this
property should comply with the established regulations and purpose statement of the C-
C zone.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare, if the property is zoned to C-C, not C-G. Staff and the
Commission recommend the Council rely on any oral or written testimony that may be
provided when determining this finding.
4. 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 Commission 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.
5. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E).
The Commission finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. In accordance with the findings listed above, the Commission finds that
Annexation and Zoning and Rezoning of this property to C-C, and not the
requested C-G, would be in the best interest of the City, if the applicant enters into
Development Agreement (DA) with the City, as mentioned in Section 10 and
required in Exhibit B of the Staff Report.
Exhibit D