Hartz Music Shop AZ 07-002 RZ 07-003
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 39
BOISE IDAHO 07/06107 10:33 AM
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Meridian City 107095997
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Matthew Hartz, Hartz Music Shop, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this l~ day of J\J,I""C, , 2007, by and between City of Meridian, a
municipal corporation of the State ofIdaho, hereafter called CITY, and Matthew Hartz, Hartz
Music Shop, whose address is 1970 N. Meridian Road, Meridian, Idaho 83642, hereinafter
called OWNERlDEVELOPER.
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. S 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 11-5B-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and zoning of the Property's described in Exhibit A, and
has requested a designation of C-C, Community Business 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
1.6 WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 1 OF 11
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 1st day of May, 2007, 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 OwnerlDeveloper to enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNERlDEVELOPER deem it to be in their best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the OwnerlDeveloper 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 ofthis 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 Unified Development
Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 2 OF 11
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 ofthe 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 Matthew Hartz, Hartz
Music Shop, whose address is 1970 N. Meridian Road, Meridian,
Idaho 83642, the party that owns and is developing said Property and
shall include any subsequent owner(s) 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 re-zoned C-C (Community
Business District), attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code ~ 11-2B-2 which are herein specified as follows:
Music instruction and retail music sales in the proposed C-C zone
on .42 acres, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ 07-002 application.
Outdoor dinner show facility for small shows and recitals in the
proposed C-C zone on.38 acres, and the pertinent provisions of the
City of Meridian Comprehensive Plan are applicable to this RZ 07-
002 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 3 OF 11
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property III accordance with the
following special conditions:
1. The subject property shall be zoned C-C, not C-G as requested.
2. 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.
3. 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.
4. 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.
5. 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).
6. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
7. 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.
8. The applicant shall be responsible for all costs associated with sewer and
water service installation.
9. Only the single access point to Meridian Road shown on the conceptual
site plan on the northernmost parcel shall be allowed to this site. The
existing access to Meridian Road for the southern parcel shall terminate
upon CZC/CUP approval of a change or expansion of the existing use.
10. A minimum 25-foot wide landscape buffer will be required and shall be
constructed along the entire frontage ofN. Meridian Road in accordance
with UDC Il-3B-7, when a CUP and/or CZC is reviewed and approved
in the future.
11. A minimum 25-foot wide landscape buffer shall be constructed adjacent
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 4 OF 11
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.
12. A lO-foot wide multi-use pathway may be required on this property along
the south side ofthe Five Mile Creek (depending on the Pathways Master
Plan).
13. A sidewalk shall be constructed along N. Meridian Road.
14. 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.
15. The applicant shall complete all required improvements prior to obtaining
a Certificate of Occupancy for any change in use of the site.
6. 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 Owners' /Developers' heirs, successors, assigns, to
comply with Section 5 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 S 67-6509, or any
subsequent amendments or recodifications thereof.
7. CONSENT TO DE~ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner/Developer consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fail to
cure such failure within six (6) months of such notice.
8. INSPECTION: Owner/Developer shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 5 OF 11
9.1 In the event Owner/Developer, or Owner/Developers' 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.
9.2 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.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to
the third reading ofthe Meridian Zoning Ordinance in connection with the re-zoning ofthe
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.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions,
and obligations contained herein.
12.1 In the event of a material breach ofthis Agreement, the parties agree
that City and Owner/Developer 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
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 6 OF 11
(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.
12.2 In the event the performance of any covenant to be performed
hereunder by either Owner/Developer 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 oftime of such delay.
13. 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 ~ 11-5-C, to insure that installation of the improvements, which
the Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Developer/Owner 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.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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 of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. 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
Matthew Hartz
Hartz Music Shop
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 7 OF 11
33 E. Idaho Ave.
Meridian,ID 83642
1970 N. Meridian Road
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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.
17. 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.
18. 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 ofthe obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner /Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer has fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 8 OF 11
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of
City.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time ofthe proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERnOEVELOPER
Matthew Hartz
Hartz Music Shop
CITY OF MERIDIAN
By:~baJ/ag
MAYOR TA de WEERD
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DEVELOPMENT AGREEMENT (AZ 07-002 & RZ 07-003 - HARTZ MUSIC SHOP)
PAGE 10 OF 11
STATE OF IDAHO, )
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County of Ada, )
On this 19tk day of Su.ne- , 2007, before me, the
undersigned, a Notary Public in and for said State, personally appeared MATTHEW
HARTZ, known or identified to me to be the person who signed the above and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF IDAHO )
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County of Ada )
On this 2-3+h day of 3LlYlG , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the da~ and year in this certificate first above written.
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DEVELOPMENT AUl<.hEMENT (AZ 07-002 & RZ 07-003 ~ HARTZ MUSIC SHOP)
PAGE 11 OF 11
January 18, 2007
1--1
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Con 5 u I tin g, I n c,
Hartz Property Rezone
1990 North Meridian Road
A parcel of land described in Warranty Deed Instrument #97099506 together with a portion of
North Meridian Road Right-Of-Way, located in a portion of Lot 6 oU.E. Pfost's Subdivision in Lot
6 of Section 6, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho being more
particularly described as follows:
Commencing at the Southwest Comer of said Section 6, thence North 0001'30" West 1234.28 feet
along the West line of said Section 6, thence continuing North 0001 '30" West 90.00 feet to the
POINT OF BEGINNING, thence leaving said West line
North 88044'30" Bast 200.01 feet, thence
North 00001 '30" West 85.00 feet, thence
South 88044'30" West 45.35 feet, thence
South 00001 '30" East 25.00 feet, thence
South 88044'30" West 10.00 feet, thence
North 00001'30" West 25.00 feet, thence
South 88044'30" West 144.66 feet to said West line of Section 6, thence along said West line
South 00001 '30" East 85.00 feet to the POINT OF BEGINNING.
Said parcel contains 16,747 square feet or 0.38 acres, more or less.
This description was prepared using record information and without the benefit of a survey.
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MERIDIAN PUBLIC
WORKS DEPT.
1904 W. Overlonc;l · Boise,lD 83705 . Phone (208) 342-0091 . Fox (208)342-0092 . Emoil: quadrant@quadrant.cc
Civil Engineering · Surveying · Construction Management
January 18, 2007
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Con sui tin g, Inc.
Hartz Property ReiS8R& A-rinext\.-"j-fcm
1970 North Meridian Road
A parcel ofland described in Warranty Deed Instrument #100079761 together with a portion of
North Meridian Road Right-Of-Way, located in a portion of Lot 7 in Section 6, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at the Southwest Comer of said Section 6, thence North 0001 '30" West 1234.28 feet
along the West line of said Section 6 to the POINT OF BEGINNING, thence leaving said Section
line
North 89058'30" East 197.79 feet, thence
North 00001 '30" West 94.26 feet, thence
South 88044'30" West 197.84 feet to the Northwest Corner of said Lot 7 in Section 6, thence along
said West line of said Section 6
South 00001 '30" East 90.00 feet to the POINT OF BEGINNING.
Said parcel contains 18,223 square feet or 0.42 acres, more or less.
This description was prepared using record information and without the benefit of a survey.
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Civil Engineering · Surveying · Construction Management
CITY OF l\1ERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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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 1..-0 to C-C, by Bartz 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
CouDcil agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April!7, 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!7, 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 hnpact 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 ~
11-5A.
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 conunent(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 9 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
By action of the City Council at its regular meeting held on the
/il~ ,2007.
I ~p day of
COUNCIL,MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
VOTED~
VOTED~
VOTED ~
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
MAYOR T ,,~e WEERD
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V .Public Works Department
o _ ./ City Attorney
By. ~l " ~MW Dated: 'O-3-(j7
~'s Office
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 DEP ARTMENT STAFF REPORT FOR TIlE HEARING DATE OF APRIL 17, 2007
SUBJECT:
April 17, 2007
Mayor & City COWlcil
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
(GeaR RetaH &BQ Set"viee Ceft'lffl.eFElial Distriet) C-C (Communitv
BurdneRlll Di.trict) for the property located at 1970 N. Meridian Road
oUoridi~ ''\
\ IDAHO
STAFF REPORT
HEARING DATE:
TO:
FROM:
. RZ-07-003
Rezone of 0.38 of an acre from L.O to 6-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 (Genenll 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 tbe bearing date ofMarcb 15, 2007, based
on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions
listed in SeeUon 10 and E~bit 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 Planninll and Zonin2 Commission heard these Item(s) on March 1. 2007 and March
15.2007. At the public bearin!! on March 15. 2007. the Commission voted to recommend auuroval.
a. Summary of Commission Public Hearin2:
i. In favor: Matthew Hartz. Ownerl Applicant
ii. In opposition: None
iii. Commentlnl!: None
iv. Written testimony; None
v. Staff oresentlna application: Sonva Watten
vi. Other staff commentinl! on application: None
b. Key Issues of DiScuS8ion bv Commiuion:
i. Hours of operation for future outdoor entertainment faciJity/staee
c. Kev Commission ChaD2es to Staff Recommendation:
i. ~
d. Outstandin2 Issuels) for City Councll:
i. Annexation & Rezone to the C-C zone. instead of the C-G zone as requested. per
the staff report
The Meridian Citv Council he~rd these items on Anrill'. 2007. At the Dubllc hearinp thev
annroved the .uhiect AZ and RZ reouest to the C.C zone.
a. Summary of Citv Council Puhlic Hearing:
i. In favor: Matthew Hartz. Owner! Anqlicant
ii. In onnosition: None
iii. Commendm~: None
iv. Written testimony: None
v. Staffnrl'!!ill'!ntlng annlicalion: Anna Canninp
vi. Other staff commentinp on annlicalion: None
~ Kev Issues of Discus lion hv Council:
i. Irrelrularitv of northern nronertv houndarv where the annlicant states that an
ea.ement for an arielian well exists:
~ Kev Council Chane-ell to Commilsion Recommendation:
i. ~
3. PROPOSED MOTION <to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
07-002 & RZ-07-003, to zone the properties to C.C, as presented in the staff report for the
hearing date of April 17, 2007, with the following modifications; (add any proposed
modifications)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-
002 & RZ-07-003, as presented in the staff report for the hearing date of April 17, 2007, for the
following reasons: (you should state specific reasons for denial of the 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 'A 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, ID 83642
c. Applicant:
Hartz Music Shop, Inc.
1990 N. Meridian Road
Meridian, ID 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 ~questing approval to annex and zone
0.42 of an acre from Rl to C-G for the property located at 1970 N. Meridian Road.
Additionally, the application is requesting approval to rezone 0.38 of an acre from L-O to C-
G for the property located at 1990 N. Meridian Road.
h. Applicant's Statement/Justification (see Applicant's application and letter): "Since 1998,
Hartz Music Shop has been at its current location serving Meridian and the surrounding areas
as a music instruction and music retail sales operation. The proposed use includes a
continuance of these services and the integration of an outdoor dinner show facility for small
shows and recitals. Both properties conform to the City of Meridian's Comprehensive Plan
and the project has been discussed with City planners."
S. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Plamting & Zoning Commission and City Council on this matter.
b. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning commission and City Council on this matter.
c. Newspaper notifications published on: February 12, 2007, and February 26, 2007
(Commission); M8r~h 26. 2007 and April 9. 2007 (City Council)
d. Radius notices mailed to properties within 300 feet on: February 2, 2007 (Commission);
Hartz Music Shop- AZ-07-002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
March 23. 2007 (City Council)
e. Applicant posted notice on site by: March 2, 2007 (Commission); April 9. 2007 (Citv
COUDcil)
6. LAND USE
a. Existing Land Use(s):
Residential property with an existing house, zoned R1 - 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 ofFairview Avenue, is transitioning from residential to commercial property.
c. Adjacent Land Use and Zoning:
I. 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 R1 (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. Hisrory of Previous Actions: The property at 1990 N. Meridian Road was annexed into the
City and zoned L-O in 1999. A Development Agreement (Instrument No. 99072887) was
entered into at that time between the owner of the property and the City of Meridian that
prohibited residential use of the property and prohibited the building to be used exclusively
for retail uses.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is a City of Meridian sewer main in Meridian Road.
Location of water: There is currently a water main in Meridian Road.
Issues or concerns: Any work or improvement within the floodway or floodplain
on this property shall file a floodplain development application with the City of
Meridian Public Works Department prior to commencement of the work.
2. Vegetation: There are some existing trees on the subject property that should either
be preserved or mitigated for at the time of development. The applicant should
coordinate a plan with the City Arborist, Elroy Huff.
3. Floodplain: The eastern portion of the property located at 1990 N. Meridian Road,
along the Five Mile Creek, is located within flood zones X5 and AE but is not within
the floodway. The eastern portion of the property located at 1970 N. Meridian Road
is also within flood zone X5 and AE, outside of the floodway, but a very small sliver
of the property along the eastern boundary is within the floodway.
4. Canals/Ditches Irrigation: The Five Mile Creek lies adjacent to the site on the east
Hartz Music Shop- AZ--07-002 & RZ -07.003
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CITY OF MERIDiAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
boundary.
S. Hazards: None
6. Proposed Zoning: CpG (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
conunercial 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
crosspaccess 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 llw2B-3), a 25.foot wide
landscape street buffer will be required adjacent to N. Meridian Road, an arterial
roadway when this property develops in the future.
2. Width ofbuffer(s) between land uses; Per City Code (UDC Table 11-2B-3) a 25-foot
wide landscape buffer is required between C-G and C-C zoned property and
residential uses. Currently, there are residential uses to the north and east of this site.
A 25-foot wide buffer will be required adjacent to residential uses when this property
develops in the future.
7. COMMENTS MEETING
On February 9, 2007, a joint agency and departments meeting, was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Police Department, Meridian Parks Department, Meridian Public Works Department, and the
Sanitary Services Company. All of the received comments are "standard" and have been included
within this report. Once a development plan(s) is submitted, the applicant should be required to
comply with the specific comments and conditions from all commenting agencies and
departments.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as
"Commercial". The Comprehensive Plan defines the Commercial district as: "This designation
will provide a full range of commercial and retail to serve area residents and visitors. Uses may
include retail, wholesale, service and office uses, multi-family residential, as well as appropriate
public uses such as government offices. Within this land use category, specific zones may be
created to focus commercial activities unique to their locations. These zones may include
Hartz Music Shop - AZ.07-002 & RZ .07.003
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CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE 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 CoG, which is consistent with the
Comprehensive Plan designation for this site. However, staff recommends that this property be
zoned C-C, which is also consistent with the Comprehensive Plan (see Section 10, AZ Analysis
below for more detail).
Staff' finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy):
. Chapter Vll, Goal m, Objective A, Action I - 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 J 990 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 thejurisdictton of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
> The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
> The subject lands are currently serviced by the Meridian. School District No.2. This
service will not change.
)0 The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
. Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets."
On the submitted conceptual development plan, the applicant is proposing one access point
to N Meridian Road, an arterial street. A driveway stub to the parcel to the south is also
proposed for fUture cross-access out to Carmel Drive. Cross-access should be provided to the
Hoyd property to the south with this application. The property owner to the south, Kendall
Hoyd, ;s currently seeking approval for this parcel to be annexed into the city and is
providing a driveway to the north to the Hartzparcelfor cross-access. City and ACHD staff
are supportive of restricting access points On arterial streets.
. Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers
along transportation coIridors (setback, vegetation, low walls, benns, etc.)."
North Meridian Road is designated as an arterial street. By C;ty 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 lHE HEARING DAlE OF APRIL 17,2007
. Chapter Y, Goal m, 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 - "Penn.it new. . . commercial development only
where urban services can be reasonably provided at the time of fmal 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 VIT, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adj acent 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 n, 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 1, Objective B - "Plan for a variety of commercial and retail opportunities
within the Impact Area."
Staff believes that a commercial zone, which allows retail sales and professional services and
conditionally allows outdoor entertainment facilities with a stage and music venue, will
contribute to the variety of uses in this area which include: a music shop, offices, multi-family
homes, and a grocery store, if a future cUP for an entertainment facility with an outdoor
stage or music venue is approved..
Stafffinds that the CpC 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 11-2Bp2 lists the pennitted,
accessory, and conditional uses in the C-G and C-C zoning districts. Professional services
Hartz Music Shop - AZ-07 -002 & RZ -07-003
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CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR 11IE HEARING DAlE OF APRIL 17, 2007
(music instruction) and retail sales are permitted uses in the C-G and e-e 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 connnercial 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 Boyd 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 e-e zone is also a less intense commercial
designation than C-G, which would be more harmonious with the surrounding residential
uses. Both the C-C and C-G zones comply with the Comprehensive Plan Future Land Use
Map designation of commercial for this property. Further, both zones allow for music
instruction, retail sales, and indoor entertainment facilities as principal permitted uses and
entertainment facilities with an outdoor stage or music venue with conditional use approval.
Staff is recommending that the property be zoned C-C instead of C-G for the
aforementioned reaSODS.
The annexation legal description submitted with the application (stamped on January 18,
2007 by Peter W. LOWlSbury, 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 CoG
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-e 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 UDC. 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
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL] 7,2007
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 annexation and zoning of the southern property, the existing residence will become a
legal non-confonning 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 oftms 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-CfC-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 conunercial use via CUP/CZC approval.
At that time, the applicant states that sole access to the site will be provided from the
existing driveway on the northern parcel. The existing driveway on the southern parcel
where the existing house is should terminate upon CUP/CZC approval. Cross-access will
be provided with the property to the south owned by Kendall Hoyd via a driveway at the
south boundary of the site. Staff is supportive of the proposed cross~access with the parcel
to the south and the single access point to N. Meridian Road as discussed. Although they
have not provided specific comments on the subject AZ & RZ applications, ACHD
generally restricts direct access to arterial streets and encourages combined access points.
ACHD has provided general comments in Exhibit B that may be applicable upon future
development of the property. A copy of the recorded cross-access easement/agreement with
the property owner directly south of the site shall be submitted to Planning staff prior to
CZC issuance.
Hours of Operation: The applicant has stated that the hours of operation for this business
will not extend past 10 pm. Staff is recommending as part of the Development Agreement
that the hours of operation for the business on the site be limited to the hours between 6:00
am and 10:00 pm because of the existing residential uses north and east 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 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
Hartz Music Shop- AZ.07-Q02 & RZ -07-003
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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
entertaimnent facility use for the small shows & recitals discussed in the narrative.
Certificate of Zoning CompUance (CZC): The applicant shall be responsible to obtain a
CZC pennit 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 1l-SB-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 tbat tbis property is developed in a
fashion tbat is consistent with the comprehensive plan and does not negatively impact
nearby properties. If the Commission or COWlcil 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 annexation and rezone of this
property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into
between the City of Meridian, the property owner(s) (at the time of annexation/rezone
ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill
Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA
shall include, at a minimum, the following:
. The subject property shall be zoned C-C, not C~ 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 constmction 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
Hartz Music Shop - AZ-07-002 & RZ -07-003
Page 10
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT fOR THE HEARING DATE Of' APRIL 17,2007
(and any other CUP required uses proposed on this site in the furore).
. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
. The detailed site plan submitted with any CUP and/or CZC application on this site
shall substantially comply with the conceptual site plan submitted to the City as
shown in Exhibit A of the Staff Report.
. The applicant shall be responsible for all costs associated with sewer and water
service installation.
. Only the single access point to Meridian Road shown on the conceptual site plan on
the northernmost parcel shall be allowed to this site. The existing access to Meridian
Road for the southern parcel shall terminate upon CZC/CUP approval of a change or
expansion of the existing use.
. A minimum 25~foot wide landscape buffer will be required and shall be constructed
along the entire frontage of N. Meridian Road in accordance with UDC 1l.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 lO-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.
b. StaffReconunendation: Staff is recommending approval of the subject AZ & RZ applications to the
C-C zone, not C.G as requested, for Hartz Music Shop, as presented in the staff report for the hearing date
of March IS, 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
Planninlil and Zonine Commission heard these item(s) on March 1.2007 and March 15. 2007. At
the DubUc bearin!! on March 15.2007. the Commission voted to recommend aDDToval. The
Meridian City Council heard these items on ADril17. 2~7. At the DuhHe hearin~ thev aDDroved the
subiect AZ aDd RZ renued to the C.C zone.
11. EXHIBITS
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 8T AFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
3. Police Department
4. Parks Department
S. 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 8T AFF REPORT FOR THE HEARING DA IE OF APRIL 17. 2007
Exhibit A
1. Vicinity Map
Exhibit A
CITY OF MERIDIAN PLANNING OEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007
2. Conceptual Site Plan
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CiTY OF MERIDIAN PLANNING DEPARTMENT 51 AFF 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 8T AFF REPORT FOR THE HEARING DAlE OF APRIL J 7,2007
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 contad the City
Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this
procesl. 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 Staft'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 northenunost 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 11-3B-9, when
a CUP and/or CZC is reviewed and approved in the future.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17,2007
· A 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 stqff 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 of 28' inside and 48' outside
radius. A turn-around shall be provided at the north end of property that meets the requirements
of the Fire Department.
2.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix 0
Section 0103.6 Signs.
2.3 Commercial and office occupancies will require a fire.tlow 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 rue 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. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to the site design submitted with the application.
4. PARKS DEPARTMENT
4.1 A 10-foot wide multi-use pathway may be required along the west side of Five Mile Creek with
development of this 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 n.PIB). 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 1207.8 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 12-F4,
unless a waiver for the access point bas been approved by the District Commission.
S.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 if located on local streets. Curb retwn type driveways with 15~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 fonnal development plan.
Exhibit B
CITY OF MERIDIAN PLANNING DEPAR1MENT 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)
1...,- l8..2007
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NDrIh McnUn lad _.or-Way,1OGIIOd in a]lOltioa 0(1.<< 7 ill SCUOll6. T~p) Nol1h,
R.ae] s.-. BoiIo Meridia, Ada c-ty, IdMo blrins D'lOrI pII'Iiculmy dcIaibed as fbllow.~
c-u-n., allbe SouIbweIt CGalar ofllid SIl:tion 6.lhienec Narrh 0"01 ']0" WClII 1234.28 CccI
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRlL 17,2007
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Exhibit C
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR 1HE HEAlUNG DATE OF APRlL 17, 2007
Legal Description & Exhibit Map for the property at 1990 N. Meridian Road (C-C zoning)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 17, 2007
Exhibit D
Required Findings from UnfOed 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
aD annexation aDd/or rezone, the Councll shall make the following findings:
1. The map amendmeDt complies with the applicable provisions of the Comprehensive
P18.II;
The applicant is proposing to zone the subject properties to C~G. The Council ftnds 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. Tbe map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council f11lds 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 Pencit (CUP) andlor Certificate of Zoning Compliance (CZC)
application. The Council ftnds that future development of this property should comply
with the established regulations and pw-pose statement of the C-C zone.
3. Tbe map amendment shaD 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 Dot limited to, school districts; and,
The Council f111ds 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.
S. The annexation is in the best of interest of the City (UDC U.5B.3.E).
The Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. In accordance with the fmdings listed above, the Council finds that Annexation
and Zoning and Rezonine of this property to C.C, and not the requested e.G,
would be in the best interest of the City, If the applicant enten into Development
Agreement (DA) with tbe City, as mentioned in Section 10 and required in Exhibit B
of the Staff Report.
EldJibit D