Hartz Music Shop
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
m
c::::U;;;;dian
ID,'110
In the Matter of the Request for Annexation & Zoning of 0.42 of an Acre from R1 (Ada
County) to C-C and Rezone of 0.38 of an acre from L-O to C-C, by Hartz Music Shop.
Case No(s). AZ-07-002 & RZ-07-003
For the City Council Hearing Date of: April 17, 2007 (Findings on the May 1,2007 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 17, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 17, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
17, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 17, 2007, 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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
ll-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-002 & RZ-07-003
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the provisions of the
Development Agreement stated in the attached Staff Report for the hearing date of April
17, 2007, incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Annexation and Zoning as evidenced by having submitted the legal
description and exhibit map stamped and dated January 18, 2007 by Peter Lounsbury,
PLS, is hereby conditionally approved; and,
2. The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map stamped and dated January 18, 2007 by Peter Lounsbury, PLS, is hereby
conditionally approved; and,
3. The properties described in the Annexation & Zoning and the Rezone legal description
shall be zoned C-C as recommended by Staff and approved by the City Council.
4. A Development Agreement is required with approval of the subject annexation &
zoning and rezone applications and shall include the provisions noted in the attached
Staff Report for the hearing date of April 17, 2007, incorporated by reference.
D. Attached: Staff Report for the hearing date of April 17, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-002 & RZ-07-003
VOTED-#
VOTED~
VOTED~
VOTED ~
By action of the City Council at its regular meeting held on the
1I1A:J ,2007.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL.MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYORTAMMYdeWEERD
VOTED
I S"f day of
--
ATTEST:
~ ' <
~.~~ ?L.l SEAL \
WILLIAM G. BERG, JR., C Y ClERK\ -Y<+.. ,/? ~~
~ "?/\ '~r 161; . .0 ,.:::
,/ v...... ~ ....:r:: "
// ~ __ .l' -..---'
,> -'e -- ",...'
. / ,'/ n.. ." "
V . Applicant //fIJ1 '-'UN'" . \\,\"
~. lillll 111\\\'
Plannmg Department III
:;/PUblic Works Department
City Attorney
Copy served upon:
Dated:
'5-3-67
B~'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-07-002 & RZ-07-003
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007
SUBJECT:
April 17, 2007
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 Rl (Ada County) to G-G
(Geaeral Retail and Seniee COfl.'H.'flereial District) C-C (Community
Business District) for the property located at 1970 N. Meridian Road
cUcrldi~\
\ IJ:MHO i
~. :r
~'. :c<
~'. ,. ~
~ ..'.!!;;""!!!i - :11I
STAFF REPORT
HEARING DATE:
TO:
FROM:
. RZ-07-003
Rezone of 0.38 of an acre from L-O to G-G C-C 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 Council. 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
Page 1
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 L 2007 and March
15.200'. At the public hearine: on March 15. 2007. the Commission voted to recommend approval.
a. Summary of Commission Public Hearine::
i. In favor: Matthew Hartz. Owner/Applicant
ii. In opposition: None
iii. Commentine:: None
iv. Written testimony: None
v. Staff presentine: application: Sonya Watters
vi. Other staff commentine: on application: None
b. Key Issues of Discussion by Commission:
i. Hours of operation for future outdoor entertainment facility/stae:e
c. Key Commission Chane:es 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
The Meridian City Council heard these items on Anrill'. 2007. At the nublic hearinp thev
auoroved the subiect AZ and RZ reDuest to the C-C zone.
a. SummarY of City Council Public Hearinp:
i. In favor: Mattbew Hartz. Owner/ Aoolicant
ii. In onnosition: None
iii. Commentinp: None
iv. Written testimonv: None
v. Stafforesentinp aDnlication: Anna Cannin~
vi. Other staff commentinp on aDnlication: None
h. Kev Issues of Discussion bv Council:
i. Irrei!Ularitv of northern nronertv boundarv where the annlicant states that an
easement for an artesian well exists:
~ Kev Council Chanpes to Commission Recommendation:
i. NmK
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!7, 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)
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1970 & 1990 N. Meridian Road (Parcel No. 's: S1106336012 & R7039001060)
Generally located 1,4 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, ill 83642
c. Applicant:
Hartz Music Shop, Inc.
1990 N. Meridian Road
Meridian, ill 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 plaIUlers."
5. PROCESS FACTS
a. The subject application will in fact constitute an aIUlexation 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 Conunission and City Council on this matter.
b. The subject application will in fact constitute a rezone as detennined 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 Conunission and City Council on this matter.
c. Newspaper notifications published on: February 12, 2007, and February 26, 2007
(Conunission); March 26. 2007 and April 9. 2007 (City Council)
d. Radius notices mailed to properties within 300 feet on: February 2, 2007 (Conunission);
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
March 23. 2007 (City Council)
e. Applicant posted notice on site by: March 2, 2007 (Commission); April 9. 2007 (City
Council)
6. LAND USE
a. Existing Land U see 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 of N. 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
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. Canal sID itches Irrigation: The Five Mile Creek lies adjacent to the site on the east
Hartz Music Shop ~ AZ-07-002 & RZ -07-003
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 andlor 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.
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 ll-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, a joint agency and departments meetingwas 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 of the received comments are "standard" and have been included
within this report. Once a development planes) 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 defmes 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 beocreated to focus commercial activities unique to their locations. These zones may include
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007
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, Obj ectives, 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:
~ 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
sendee 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 N, 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 A CHD 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.
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
. 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 I - Protect existing residential properties from
incompatible land use development on adjacent parcels.
With future expansion of the existing business, the applicant will be required to construct 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 lO-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 I, 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 senlices 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 sitefor commercial uses.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted,
accessory, and conditional uses in the C-G and C-C zoning districts. Professional services
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17.2007
(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.
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 pennitted 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 detennine 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
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
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 allllexation 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
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 ofthe existing residential uses north and east of the 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 11-2B-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 ofthe 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
Hartz Music Shop - AZ.07-002 & RZ -07-003
Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007
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 11-3C-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 11.3B-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
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 of the alUlexation and rezone of this
property. Prior to the alUlexation 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
entertaimnent facility use for the small shows & recitals discussed in the narrative
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
(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 C2C/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,
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.
. 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: Staffis recommending approval ofthe 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
Planning: and Zoning: Commission heard these item(s) on March 1. 2007 and March 15. 2007. At
the public hearin2 on March 15. 2007. the Commission voted to recommend approval. The
Meridian City Council heard these items on Anril17. 2007. At the nubHc hearinQ" thev anDToved the
suhiect AZ and RZ reouest to the C-C zone.
11. EXHffiITS
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
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRlL 17.2007
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 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
Exhibit A
1. Vicinity Map
Exhibit A
..lO.M ESoC;:Q IJFl:r:
~
\
\
\\
Approved
access
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
2. Conceptual Site Plan
---------------------........--...-.--..1
I
............----.:..-..
I
I
I
I
t
~
gl
~I
I
.~ +-._.1-~~.!.J~n2!.
il i nwrAItM
~ i ·
, . I
i! Ii
, ~I
~ I ~.
\P' I
. I
. .,
~ I
1.~ ~'-
- .._m'_'L'_'._'-~- I
N ...~ I! "".W
Exhibit A
~!
81
'iI'
a~
rll
o.
"'(
.
,
.
.
I
I
I
~i
~.
ul
~.
lQl
b'l
.liI\
.
t
.
I
,
.._""~"'~
1
1
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 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,
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 ll-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 10-foot wide multi-use pathway may be required on this property along the south
side of the 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
ofthe 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 Ibs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
2.3 Commercial and office occupancies will require a fITe-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 lO-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-FIB). 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 17,2007
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 Is-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 l5~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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
Exhibit C
Legal Description & Exhibit Map for the property at 1970 N. Meridian Road (C-C zoning)
January 18,2001
fjf Quadrant.
Consulting,lhe,
Dmz Property..... Ay.,..u...ff<m
1910 Korth Merld'" Road
A pan:cl oflaod dc8c:riblld in WatIIlIy Deed 1Dstrument #100079761 tog.<<her with a portion of
North MClridiIll Roed Right.Of- Way. loeated in a portion of Lot 7 in Section 6. Townahip 3 North,
RaDge 1 East, Boise MeridillD, Ada County, Idaho being more JIIlItiwlar,Iy delImbed as fullows:
Commt:ucina I1lhe Soulbw_ Comer of said Section 6. thence North 0"01'30" West 1234.28 feet
aJons the West line of 8*id Section 6 to the POINT OF BEGlNNING, thence leaving said Section
liDo
North WSS'30"1last 197.79 feet, thenl;e
Nord! 00"01'30" Wall 94.26 feet, thence
SouIb 88"44')0" West 197.84 &d fD the Northwest Comer ohaid Lot 7in Seetion 6, thenccalong
slid W CllIt line of said Section 6
Souih 00"01 '30" Basl90.00 feat to the POINT OF BEGINNING.
SUi parecl c:omains 18,223 square fed or 0.42 acres, moro or less.
This dcKriptiou wu pnparecl using fUlOJd infomuwon lUld without !be beDetit or II survey.
~~
it..N
"~~'n<AM~
"'~K5 il6f'T<
191M W. ~ . Bolle. to fl3105 . l'horlel208j ~2-0091 . F-a.12118j a.l2!.l109:/ . fmoibllvadt!:l"'O:lvOOtQl)LGe
, Cl\ltE~' SIYv~' COfIStrucHotlMCu,ag",""",1
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRJL 17,2007
[OJ
.. Quadrant
Consultlng.lnc
:'< I -.
~ i..<
. I~
. ,
~ ~
-
f'1~
~ 1tJ
:c ~
1970 N. MERlO/AN ROAD
HARTZ PROPERTY REZONE
,--
",'_._'. - r.'-.'----
L I
N
~
=
II
1990 f\j VE~~).A'. 10A1
1:(1:) 590011260
'(;t?l..",/;c $(.)\l!
() 50
I..,..J
( IN F(fT )
I lIle/'l ~ 50 II,
POINT Of'
BEGaNNtNG
;z
o
,1t5
I'.,) 0
Lola
..., ..
Iv I""
~q
::f
~
+
1 l6
12j';:'
\.\t~ "f
~KIO..A.N P\II&,.K.
W(rQI(S Of'"
1904 w. 0VeiIC:InQ . 801...1083105 · PhoM j2(18, 3ot2.(l(l91 · fm (2011342-0092 . fmQIl qIlQdro""ta",ot:tolll<:c
CMl Engrneerirrlg · ~0Yln9 · CQNltuctlon Management
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRlL 17,2007
Legal Description & Exhibit Map for the property at 1990 N. Meridian Road (C-C zoning)
January 18.2007
(;I
.. Quadrant
COIl&ultlng, Inc.
IW1z Property RezOne
1990 North Meridian RoIUl
A patCCl of land deKribcd in Wananty Deed lDsuumem #97099506 togetber with a portion of
Nor1fa Mc:tidiao Road R.isbt.()f~W8Y,locaIcd in a portion of Lot 6 of J.E. pfost's Subdivision in ~(
6 ofSectiou 6, Township 3 North, Ranp 1 E8BI, Boise Meridian, Ada County, Idaho being more
puti~ described as follows:
CommllDCinglllhe Southwest Comer of said Section 6,1hence North 0001 '30" West 1234.28 feet
aloDg the W.linc ofaaid Section 6, thence coolinuing North ogol '30" West 90.00 feet to the
POIl'tT OF BEGINNlNG. thCDf;:O JeaviDg said West line
North Br44'30" Basl200.01 feet, thslce
Nordt 000() 1 '30" Wesl 85.00 feet,. Ihcnct
South 8r44'30" West 45.35 feet, Ibeac:.
South OOOOI'W' East: 25.00 fi:ct, theoce
South 8r44'30" West I 0.00 (eel, tbence
Nonb ??oo1'30" West 25.00 feet. 1beaee
Soud188044']O" WeSt 144.66 feet 10 said Weal 1iDe of Section 6.1benco IloDg $aid West line
South 00"'01 '30" Eat 85,00 CoeI to the POINT OF BEGINNING.
Said parcel conIlIins 16,747 square feet or 0,38 acres, more or less.
1biI deIcription WBlpreparcd usin, I1lCOId illformation and without tho bllDefit of a survey.
REV(1(~....
BY~
Io'EItlt);AM PU8UC
INOl<i($ PE;PT
I9Q4W.OvetlOnd. 1lolse.10831O$. PhoIVI208'~2.oot1 . Fc.l208/342-009'2 'fmo~:qv(l(tI)"'.aOOdronlc:~
CIYI~ . SUrvevil'lg . COI'I$lNclion Manog$ment
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
:-tl:""'l
~ ~
.. I ~
?Ji;;o
Ii I~~
OJ tb
~,~
~g~
P'd
8~
.~
.
l"'l
POINT OF
IEGINNING
lz
<)
\CO
o'd
81:'
'0
l:lll
I
I
t
..I~
N tj
<..od
.'-
NjV:
"l
r
1 6
12T7
,--'
__ Quadrant
Con sui n n g. Inc.
1990 N. MERIDIAN ROAD
HART l PROPERTY RtZONE
i
~
N8S'44'30.E
45,JS'
z
o
( .W FEET ;
I Inch '" 50 (I
197G N V[:;O A"J ROAD
S'IO(i~ 360'2
L..m
R~E~~~AL
-'I...,. .~ _ _~~I"_""
Mt,\iiJLiI\!\I PUeLlC
iNC.~1o(S oePT.
lI~E TABLE
LINE SE ARING
l.' 'C;' JO"E
L2 S '1.1~,}Q)V
LJ NOO.Of3 .w
LENGTH
25,00
~O.'OO
2S.00
19CWW.~ · 8oiIe.1083106 · PhoneI2U6)342<lCWl oFQllI2081342-0092 0 fmail:quoOrOri'*QIJOOfOr\lCC
CM I!ngineemg · Surv.~l'Ig . Construction Monogemenl
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 Council 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 Council 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 C-C zone. The Commission and Council believe that the
existing and proposed use will continue to provide much needed services and
entertainment options for the conununity. 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 Council 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 Council 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.
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 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.
5. The annexation is in the best of interest of the City (UDC 11-5B-3,E).
The Council [mds 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 [mdings listed above, the Council 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