Fred's "Reel" Barber RZ 05-020
, '
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05118/06 02:03 PM
DEPUTY Neava Haney 1111111111111111111111111111111111111
RECORDED - REQUEST Of 106078395
Meridian City
AMOUNT .00
25
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Fred Pratt, OwnerfDeveloper
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 1M day of Mt\~ ' 2006, by and between City of Meridian, a
municipal corporation of the State of daho, hereafter called "CITY', and Fred Pratt, whose
address is 3071 W. Ravenna Street, Meridian, Idaho 83642 hereinafter called
"OWNERfDEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2 WHEREAS,I.C. ~ 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject ~~Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (0- T) Old Town District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner/Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 1 OF 10
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 14th day of March, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "OwnerfDeveloper" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 2 OF 10
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNERlDEVELOPER": means and refers to Fred Pratt, whose
address is 3071 W. Ravenna Street, Meridian, ill 83642 the party
developing said "Property" and shall include any subsequent owners
and/or developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned 0- T (Old Town District) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY TillS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (L) which are herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the 0- T zone, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this RZ
05-020 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "OwnerfDeveloper" has
submitted to "City" an application for conditional use permit site plan dated November 11,
2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 3 OF 10
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit. No new buildings are approved for construction under
this conceptual CUP /PD application. All future buildings shall require approval of a detailed
CUP prior to submittal of any Certificate of Zoning Compliance application and/or building
permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
6.1.1 That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
6.1.2 That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development.
6.1.3 That the existing business shall be allowed to operate while site
improvements are being made and that the business shall not operate for a
period exceeding 12 months, from approval by the City Council, without the
required site improvements being completed.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "OwnersfDevelopers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of Subject Property"
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 4 OF 10
"OwnerlDeveloper" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "OwnerlDeveloper" and if the "OwnerfDeveloper"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "OwnerfDeveIoper" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notifY the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "OwnerfDeveloper", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
1 0.2 A waiver by "City" of any default by "Owner/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"OwnerfDeveloper's" cost, and submit proof of such recording to "Owner/Developer", prior
to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
"Property" by the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate instrument of release
of this Agreement.
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 5 OF 10
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "OwnerfDeveloper", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "OwnerfDeveloper" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "OwnerfDeveloper" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~12-5-3, to insure that installation of the improvements,
which the "OwnerfDeveloper" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "OwnerlDeveloper" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 6 OF 10
16. ABIDE BY ALL CITY ORDINANCES: That "OwnerfDeveloper" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings ofF act and Conclusions of Law, this Development Agreement. and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY: OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Fred Pratt
3071 W. Ravenna
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 7 OF 10
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "OwnerfDeveloper" of the "Property", each subse'quent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner/Developer". to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: TIlls Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 8 OF 10
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided. ..
OWNER /DEVELOPER:
?;r~u
By: Fred Pratt
CITY OF MERIDIAN
- '~V1 f-
Attest:
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 9 OF 10 .
STATE OF IDAHO, )
ss:
County of Ada, )
On this ~ day of (c , 2006, before me, the undersigned, a
Notary Public in and for said State, personal appeared Fred Pratt, known or identified to me
to be the person who signed the instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal t~.ila!i.an~ year in this certificate first above written.
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My Commission Expires:-lf"FL-
STATE OF IDAHO )
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County of Ada )
On this qih day of ~ ,2006, before me, a Notary
Public, personally appeared Tammy de W ~rg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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Commission expires: 1l).II:lJ
DEVELOPMENT AGREEMENT (RZ 05-020) FRED'S "REEL" BARBER SHOP
PAGE 10 OF 10
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Colleen Marks, loS. 7045. ~ 6405 Ustick Road '., Boise ,Idaho 83704: , ,
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'Phone: (~08) arEi007.703 .. ,Fa'x:, (208) ~780077'59;. .,Eq'l8i1: r.rl'arkS,IS@v~l()cit!Js.net
'.', REZONE DESCRIPTION. '
I,. .
A'p~cel,ofland heing all of LQt: 4, Blo~k 1, one.halr'ofthe adjacent rigllt"ofwayS' of ,
' .N. Meri4i'an Street ~d W. Washingtori Street and.cine'~alfofthe adjacenn1l1ey, all being
. P8l1 of Niday's Second Addition asrecordedjjf'Book 11 of Plats at Page 594, records ,of "
Ada County, Idaho, said parcellyiilg in.the SEl/4 NEl/4.ofSection 12, T.3N.;R.IW.,
Boise Meridian, City of Meridian, Ada County, IdaIto, said parcel also being.mor~
particularly described as follows: .
, , .
Commencing ara point fuar:J.qng the Section Comed~orinnoli to:S~ctiom i and 12:,1:3N., ,.'
'lttW.; and Sections 6. arid.7, T.3N., R.IE.; J30ise Meridi~;Ada'C6tinty,.Idaho, s~id "
. pc;>int lying along thecenter1i;ne ofN. M#idian Street; then~e S.OooOO'B. Q95.8"fe~et more'
or iess along , the' easterlybolindary of said S'ecti(,n 12 and the:sai4 centeiline ofN. . ,
Meri'dian Street"to a p'oint marking the NE: Comer of said Nida,y's See,ond Addition;' .
'thence continuing S.OooOO'E. 978.0 feet mO,re or less along the said easterly boundary of
Section 12, the easterly boundary. of said Niday's Second Addition' and the"said cen.terline .
ofN. Meridian Street to a point niarldtig the centerline mtersectiop: of said N. Merid~an
,Street and'said W. WashingtonS~eet,said"point also:~arking THE.REAL POJ;N1 Of' .
BEO~G: . " .
. th,enoe ~~ntin~ing S.OOQOO'E. 94:0 feet mote" or less along th~, said'eaSterly bO~euuY1>f , .
. Section' 12, the, said eCl5terly houndan' of Niday' s Second .AdditiOIt~d ihe said certterlihe
ofN, Meridian Streetto a'p.c;>irit; . .-
-th~nceN.8905o-'W~ 15.8.0 feet'Ihoreor less alo*gthesoutheriy-bc;>imdary'Of saidLQt 4, '. .
. . Block 1, Niday's .Second Addi~ioi1.to a point of intersection::qf said.southerly bound~uyof
Niday.'s Second Addition wl~ the said :centerIine ofilie alJey; . . .
fuenceN.OOoOO.'W. -94;0 feet more or less.along the. ~aid,c,enierline.offue alley tp '.a point' .
.,' marking::th.e cent~rline intersection of said. alley with t;he:'ceIiterline.ofs:mc;kW. " .... .'~ .
"Washington Street; .
then~e S,89050'E. 158:Q. fe,et m,ore or le~s a1p~gthe".said centerline c;>fW,. Washington
Street to the pqint of beginning, containing 0.34 acres; 'more or le.ss. .
SUBJECT TO:'
Any' easements orrights of way ofrecord..or in use. '
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of a request to Rezone .17 acres from R-4 to the 0- T zone for operation of a
barber shop, by Fred Pratt
Case No(s). RZ-OS-010
For the City Council Hearing Date of: February 7, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 7,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 7, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 7,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 7.2006 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.e. ~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 ofthe 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 ~
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ.OS..o20 - PAGE I 01'3
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public ifthe 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 Conditions of Approval
all in the attached Staff Report for the hearing date of February 7,2006 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 ~ 1lR5A and
based upon the above and foregoing Findings of Pact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date ofPebruary 7, 2006 incorporated by reference.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Attached: Staff Report for the hearing date of February 7,2006
By i}tion of the City Council at its regular meeting held on the
11/1. .I/Iv- , 2006.
I
I ~ day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-020 - PAGE 2 of 3
COUNCIL MEMBER SHAUN WARDLE
VOTED$<--
VOTED $A..--
VOTED*~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
--
VOTED
Copy served upon:
MAYo.R,T~ .ueWEERD
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~ Public Works Department
-/ City Attorney
ATTEST:
Dated: 3-.21-0(",
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS.020 - PAGE 3 00
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7, 2006
STAFF REPORT
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City Council Hearing
Hearing Date: 217/2006
Mayor, City Council
Josh Wilson, Associate City Planner
Fred's "Reel" Barber Shop
· RZ-05-020
Rezone .17 acres from R-4 to 0- T zone for operation of a barber shop
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Fred Pratt, has applied for a Rezone (RZ) of . J.7 acres from R-4 (Medium-Low Density
Residential) to 0- T (Old Town) for operation of a barber shop at 1 ] 27 N. Meridian Road. The site is
located on the west side of N. Meridian Road, south of Washington Street. This site currently contains
one existing residence. The applicant has submitted a site plan which shows proposed parking,
landscaping, and right-of-way improvements to be constructed on the property.
TO:
FROM:
SUBJECT:
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on xx. At the public hearing they moved to recommend denial/approval.
8. Summary of Public Hearing:
i. In favor: Fred Pratt, applicant
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: Josh Wilson
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Time frame for completion of the site improvements.
c. Key Commission Changes to Staft'Recommendation:
i. Add a requirement that the applicant enter into a Development Agreement with
the City of Meridian, which states that the existing business shall be allowed to
operate while site improvements are being made and that the business shall not
operate for a period exceeding 12 months, from approval by the City Council,
without the site improvements being completed.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTIONS
Recommend Approval
I move to approve File Number RZ-05-020 as presented in the staff report for the hearing date of
February 7,2006, and the sitel1andscape plan dated November 7, 2005 with the following modifications
to the conditions of approval: (add any proposed modifications).
Recommend Denial
I move to deny File Number RZ-05-020 as presented in the staff report for the hearing date of
February 7, 2006, and the site/landscape plan dated November 7, 2005 for the following reasons: (you
must state specific reasons for denial. They should address how the applicant might re-do the application
Fred Pratt RZ-OS.OO2
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF FBBRUARY 7, 2006
to gain your recommendation for approval).
Continue
I move to continue the public hearing for File Number RZ-05-020 to (date certain).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1127 N. Meridian Road / West side ofN. Meridian Road, south of Washington Street
Section 12 T3N Rl W
b. Owner:
Fred Pratt
3071 W. Ravenna Street
Meridian, Idaho 83642
c. Applicant:
Fred Pratt
3071 W. Ravenna Street
Meridian, Idaho 83642
d. Representative: Fred Pratt, Owner
e. Present Zoning: R-4
f. Present Comprehensive Plan Designation: Old Town
g. Description of Applicant's Request:
1. Date of site/landscape plan (attached as Exhibit AI): November 7, 2005
h. Applicant's Statement/Justification (reference submittal material): Fred's "Reel" Barber Shop
will be located in Meridian's Old Town. It will be an old fashion barber shop with three barbers.
It will have a seating capacity of approximately 14 customers. The location is an older red brick
home built in 1956. The shop is approximately 1,161 square feet.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions ofUDC 11-5B-3, a public hearing is required before the City Council
on this matter.
b. Newspaper notifications published on: December 19 and January 2,2005
c. Radius notices mailed to properties within 300 feet on: December 19, 2005
d. Applicant posted notice on site by: December 26, 2005
6. LAND USE
a. Existing Land Use(s): Existing residence
b. Description of Character of Surrounding Area: Existing single family residences and
commercial uses, zoned R-4, R-15, and O-T
c. Adjacent Land Use and Zoning
Fred Pratt RZ-05-002
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF FEBRUARY 7. 2006
1. North; 'Existing single family residence, zoned R-4.
2. East: Existing residences, zoned R-1S.
3. South: Existing single family residence, zoned R-4.
4. West: Existing single family residence, zoned R-4.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Already serviced
Location of water: Already serviced
Issues or concerns: None.
2. Vegetation: None.
3. Flood plain: NA
4. CanalslDitches Irrigation: None.
5. Hazards: None.
6. Proposed Zoning: O-T
7. Size of Property: .17 acres
g. Off-Street Parking (non-residential uses)
1. Parking spaces required: 3
2. Parking spaces proposed; 6
3. Compact spaces proposed: No compact spaces are proposed.
4. Off-site parking proposed: None.
L Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the proposed parking lot will be from Washington Street to the north.
7. COMMENTS MEETING
On December 16, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments
and recommended actions in the attached Exhibit B. Because this is only a rezone application, there are
no conditions of approval. All comments will need to be addressed at the time of Certificate of Zoning
Compliance approval.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map designates the property as "Old Town", and it is currently
zoned R-4. Old Town is defined as follows: "This includes the historic downtown and the true
community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail
for surrounding residents and visitors. A variety of residential uses could include reuse of existing
buildings for residential uses, new construction of multi-family residential over ground floor retail or
office uses. In order to provide and accommodate preservation of the historical character, specific design
requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure
that Old Town becomes a centralized activity center with public, cultural, and recreational structures
Fred Pratt RZ-05-002
PAGE 3
CITY OF MERItlIAN PLANNING DIi:PARTMBNT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7.2006
would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic
plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage
similar uses and complimentary design of the facing houses and buildings." Staff fmds that the proposed
Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and
objectives set forth therein.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2A-2lists personal and professional services as a
Permitted Use in the O-T zone.
b. Pwpose Statement of Zone: The purpose of the Q-T District is to accommodate and
encourage further intensification of the historical city center in accord with the Meridian
Comprehensive Plan. The intent of the OT District is to delineate a centralized activity center and
to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, fmancial
and recreational center of the City. Public and quasi-public uses integrated with general business,
and medium-high to high-density residential is encouraged to provide the appropriate mix and
intensity of activities necessary to establish a truly urban city center.
10. ANALYSIS
a. Analysis of Facts leading to Staff Recommendation
REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan
and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that this is a good location for the proposed rezone and use as a barber shop. Please see
Exhibit D for detailed analysis of facts and fmdings.
The annexation legal description submitted with the application (prepared on November 4, 2005
by Colleen Marks, PLS) shows the property as contiguous to the existing cOIporate boundary of
the City of Meridian.
That the applicant will be responsible for all costs associated with the sewer and water service
extension. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7~517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development. All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes. glare or odors.
1. Administrative Design Review: The proposed site improvements associated with the
proposed use as a barber shop shall be subject to Administrative Design Review as set forth
in UDC 11~2D-4, and the applicant shall apply for Administrative Design Review
concurrently with the Certificate of Zoning Compliance application.
2. SanitarY sewer and water service: The current residence is serviced by existing service lines
to the City of Meridian's domestic water and sewer systems. The condition of these services
is unknown at this time, nor do we know whether they adequate to provide the needed service
to the proposed change in use. Applicant should coordinate with the Public Works
Fred Pratt RZ-OS-002
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7. 2006
Department for service prior to the issuance of the Certificate of Zoning Compliance.
b. Staff Recommendation: Staff recommends approval ofRZ-05-020 for Fred's "Reel" Barber
Shop as presented in the staff report for the hearing date of January 5, 2006 based on the
Findings of Fact as listed in Exhibit D. Staff has included all comments and recommended
actions in the attached Exhibit B. Because this is only a rezone application, there are no
conditions of approval. All comments will need to be addressed at the time of Certificate of
Zoning Compliance approva1.
11. EXHIBITS
A. Drawings
I. SitelLandscape Plan (dated: October 13, 2005)
B. Department Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Fred Pratt RZ-OS-OO2
PAGE 5
CITY OF l\1ERIDIAN PLANNING Of;PARTMENT STAff REPORT FOR THE HEARING DATE OF FEB.RUARY 7, 2006
A. Drawings
1. SitelLandscape Plan (dated; November 7,2005)
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CITY Of MERIDIAN PLANNING DEPARTMl!NT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 7. 2006
B. Department Comments
1. PLANNING DEPARTMENT
1.1 The legal description prepared by Colleen Marks, PLS, dated November 4, 2005 and submitted
with the application is accurate and meets the requirements of the City of Meridian and State Tax
Conunission.
1.2 A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to
constrnction of the site improvements.
1.3 The proposed site improvements shall be subject to Administrative Design Review as set forth in
UDC ll-2D-4, and the applicant shall apply for Administrative Design Review concurrently with
the Certificate of Zoning Compliance application.
1.4 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of annexation ordinance adoption), and
the developer. The aDolicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this
nrocess within 18 months of City Council aooroval of the annexation reauest. The DA shall
incorpomte the following:
· That all future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors.
· That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
· That the existing business shall be allowed to operate while site improvements are being
made and that the business shall not operate for a period exceeding 12 months, from
approval by the City Council, without the required site improvements being completed.
2. PUBLIC WORKS DEPARTMENT
2.1 The cutTent residence is serviced by existing service lines to the City of Meridian's domestic
water and sewer systems. The condition of these services is not known at this time, nor do we
know whether they are adequate to provide the needed level of service to the proposed change in
use. Applicant should coordinate with the Public Works Department for service prior to the
issuance of the Certificate of Zoning Compliance.
3. FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'_
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
Exhibit B
CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPOR'r FOR THE HEARING DATE OF FEBRUARY 7, 2006
3. Operational frre hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
4. Provide a Knox box entry system for the complex prior to occupancy.
5. Contact Joe Silva at 888-1234 for a Fire Department inspection prior to issuance of a commercial
Certificate of Occupancy for the building.
4. POLlCE DEPARTMENT
1. The Police Department has no concerns with the application.
5. PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
6. SANITARYSER~CECOMPANY
1. sse has no concerns with the application.
7. ADA COUNTY HIGHWAY DISTRICT
1. Approved with no conditions.
Exhibit B
CITY OF MERIDIAN PLA,NNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE Of FEBRUARY 7, 2006
C. Legal Description
Colleen Marks, loS. 7045 · 6405 Ustick Road . Boise, Idaho 83704
Phone: (2M) 378-7703 · Fax: (208) 378-7759 . Emall: marksls@velooitus,net
REzONE DESCRIPTION
A parcel ofIand being all olLot 4, Block 1, one balfoftbe adjacent right ofwuys of
N. Meridian Street and W. Washington Street and one half of the adjac'cnt alley, all b~ing
part of Niday's Second Addition as recorded in Book 11 of Plats at Page 51'4, records of
Ada COWlty. Idaho, said parcel lying in the SEl/4 NE1I4 of Section 12, T.3N" RIW,.
Boise Meridian, City of Meridian, Ada County, Idaho, said parcel also being more
particularly described as foHows:
Commencing at 8 point M<1I'king the Section Comer CODUnon to SCctions 1 atId 12, T.3N"
R.I W., and Sections 6 and 7, T.3N., R.lE.. Boise Meridian, Ada COUllty, Idaho, said
point lying along the centerline otN. Meridian Street; thence S.OooOO'E. 695.8 feet more
or less along the easterly boundary of said Section 12 and theaaid centerline ofN,
Meridian Street to a point marking the NE Comer of said Niday's Second Addition;
thence continuing S.OO"OO'E. 978.0 feet more or less along the said easterly boundary of
Sec:Cion 12, the easterly boundary of said Niday's Sewnd Addition and the ,said centerline
orN. Meridian Street to B point marking the centerline intenecrion of said.N. Meridian
Sn-ect and said W. Wasllington Street, said point also ~arking nIB REAL POlNT OF
BliGlNNlNG: ,
tlnmce continuing S.OO"OO'E. 94.0 feet mote or less aiong the said easterly boundary of
ScWon 12, the laid easterly boundary of Niday's SeCond Addition lIDd,the said centerline
orN, Meridian Street to a point;
thence N.89"jO'W. 158,0 feet more or less along thQ southerly boundaIyofUidLot 4,
Block I. Niday'sSecond Addition to a point ofintcl'l!cction ofsaid southerly boundary,of
Niday's Second Addjtion with the said centerline oflbe alley;
thenceN.OOOOO'W. 94.0 feet more or Ic.ss-along the said centerline oflbe alley to a point
~ the centerline interlloctioD of said alley with the centertiQe of said W.
WubinaIon Street;
t~ S.8~".50'E, 158,0 feet mOre or less along the said centerline ofw_ Washington
Street to the point of beginning, containing 0.34 acres, more or less,
M","'IOI,t,H PU811C
Nn~I'tS DEPT
P..u Lol4 Blk1.doc . I _
SUBJECT TO:
Any easements or righls of way of recorJ or in use,
.~PRlNJ4..o1-
NOI' 0 R 1.005
Exhibit C
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARy 7,2006
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CITY OF MERIDIAN PLANNJNG DEPARTMENT STAFF REPOR.T FOR THE HEARING DATE OF .'EBRUARY 7. 2006
D. Required Findings from Zoning Ordinance
1. 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 follawlne findings:
1. The map amendment complies with the applicable provisions ofthe comprehensive
plan;
The applicant is proposing to zone the subject property to 0- T. City Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
City COWlcil fmds that personal and professional services are pennitted uses within the
requested zoning district of 0- T. The submitted site plan shows dimensions and elements
which conform to the proposed zoning designation. City Council finds that the site is
large enough to contain the required parking and landscaping. The applicant will be
required to apply for a Certificate of Zoning Compliance prior to construction of the site
improvements to ensure compliance with City Code.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
City COWlcil finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
4. The map amendment shaD 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,
City COWlcil 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.
Exhibit D