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CC - Recs/Staff ReportSTAFF REPORT Hearing Date: August 15, 2017 TO: Mayor and City Council FROM: Caleb Hood, Planning Division Manager (208) 884-5533 SUBJECT: Intermountain Gas Map Amendment - (CPAM) H-2017-0089 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The City of Meridian Planning Division has submitted an application for a Comprehensive Plan Map Amendment (CPAM) to change the future land use map (FLUM) from Low Density Residential (LDR) to Industrial (IND) on approximately 60 acres of land for the purpose of updating the map to reflect the Intermountain Gas (LNG) storage plant. See Exhibit A.2 for the proposed change to the FLUM. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM application based on the analysis provided below and the Findings of Fact and Conclusions of Law listed in Exhibit B of the staff report. The Meridian Planning and Zoning Commission heard this item on July 6, 2017. At the public hearing, the Commission voted to recommend approval of the subject CPAM request. a. Summary of Commission Public Hearing: i. In favor: Planning Division and Ben Marconi ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0089 as presented in the staff report for the hearing date of August 15, 2017 with the following comments: (Add any proposed comments.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0089 as presented during the hearing on August 15, 2017, for the following reasons: (State specific reasons for denial of the subject CPAM application.) Intermountain Gas Map Amendment – H-2017-0089 - 1 - Continuance After considering all staff, applicant and public testimony, I move to continue File Number H-2017- 0089 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION a. Site Address/Location: 4014 N. Can Ada Rd, Nampa, ID 83687 b. Applicant/Representative: Brian McClure, Associate City Planner City of Meridian Planning Division 33 E. Broadway Avenue Meridian, Idaho 83642 c. Applicant's Statement/Justification: See applicant’s narrative for this information. 5. PROCESS FACTS a. The subject application is for a Comprehensive Plan Map Amendment. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Idaho Code and Unified Development Code, Title 11, Chapter 5. b. Newspaper notifications published on: June 16, 2017 (Commission); July 28, 2017 (Council) c. A public service announcement was emailed on: June 13, 2017 (Commission); July 20, 2017 (Council) 6. COMPREHENSIVE PLAN ANALYSIS The Comprehensive Plan is a document that contains goals, objectives and action items that encourage and promote a well-designed and thoughtfully planned community, with the ultimate goal to make the City of Meridian a premier place to live, work and raise a family. By regularly updating the Comprehensive plan, opportunities are provided for the community and City staff to measure the success of the plan and its impact on the community. Staff believes the proposed amendment to the plan provides the necessary guidance to meet the future growth needs related to transportation, land development, public facilities, recreational amenities, housing, economic development and other health, safety and welfare elements the community desires. The specific objectives and actions that support the proposed text amendment are listed below. Plan page/policy citations are in parenthesis and staff analysis is in italics. • Update the Future Land Use Map to reflect existing facilities (3.05.01C). The purpose of the proposed change is intended to directly meet the intent and direction of this policy statement, by better reflecting and identifying an existing facility. Further, staff believes this map change serves as a notice to nearby owners and potential developers that a non- residential use exists. • Coordinate with the City of Nampa and Canyon County on land use, transportation and emergency services issues (6.02.02I). City of Meridian staff invited City of Nampa staff to participate in the public involvement process for the proposed change to the Future Land Use Map. By better identifying existing and planned improvements, the public, developers, staff and City Council can make informed development and land use decisions. Intermountain Gas Map Amendment – H-2017-0089 - 2 - • Ensure that other City departments, area agencies and service providers are informed about and have the opportunity to participate in the City’s development review process (6.02.02K). The proposed change was coordinated with Land Development and Public Works staff to ensure consideration for impacts to City services. The application was also transmitted to other area service providers and agencies, allowing them an opportunity to review and comment. • Allocate resources to define, locate, map and establish response plans for target hazards within the jurisdiction (6.05.01H). The proposed change is intended to raise awareness and better reflect an existing hazard on the City’s Future Land Use Map, which works toward the intent of this policy statement. • Protect public health and safety by guiding growth and development away from hazardous areas that pose a threat to people and property (6.05.00). While necessary for services, the Intermountain Gas (LNG) storage plant is an unattractive noise generating land use that is industrial in nature. Furthermore, and however unlikely, the high pressure LNG storage plant also represents a potential life-safety hazard. By better identifying the existence of an industrial use in this location within the City’s Area of City Impact, development can better accommodate impacts and hazards. Without appropriate accommodations, it is impossible to retain and protect the City’s mission, vision, and values. • Update the Comprehensive Plan and Unified Development Code as needed to accommodate growth trends (3.01.01D). The proposed change to the Future Land Use Map reflect an existing facility that is necessary to accommodate continuing trends in our growing community. NOTE: The UDC is continuously being evaluated for updates to better accommodate trends, but is not a consideration for this application as no development is proposed nor is a change proposed to the UDC. • Review the status of the Comprehensive plan implementation plan to ensure steady progress (7.01.01G). As part of the City’s annual review of policy statements and implementation, it has been apparent for some time that accurately addressing the following policy statements would require the City to better address the Intermountain Gas (LNG) storage tank on the City’s Future Land Use Map. The proposed map change reflects progress on a number of these policy statements. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. The elements which must be addressed in the Plan are listed in Idaho Code, and below. It is the detailed city ordinances (e.g. - UDC) that then spell out how the elements and policies are to be accomplished. The order in which the following elements are presented and analyzed implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. To promote quality design, future development must comply with the City’s design standards contained in the UDC and Meridian Architectural Standards Manual. b. Population The City of Meridian must ensure that population growth is accomplished in an orderly pattern. Residential and commercial developments in the city limits must be served by City infrastructure Intermountain Gas Map Amendment – H-2017-0089 - 3 - and public services. The Plan addresses where population growth is anticipated and services necessary to serve those areas. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, abilities, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate as well as text that encourages a mix of different housing options. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of plan in order to gradually broaden economic opportunity throughout the City. This map amendment will provide additional lands for industrial uses into the future. e. Public Services, Facilities, and Utilities Public services, facilities and utilities will be provided at the expense of the developer upon development of any property in the area. Impact fees will be used to support Police, Fire ACHD and Parks. No development is proposed as part of this map amendment. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. This map amendment does not impact school facilities, and no changes to school related policies are being proposed. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. This map amendment does not impact transportation infrastructure, and no changes to transportation related policies are being proposed. h. Natural Resources The purpose of this element is to promote the conservation of areas of natural significance, where appropriate. This map amendment does not impact natural resources, and no changes to natural resource related policies are being proposed. i. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. The proposed map change would better reflect the existence of a potentially hazardous use. k. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 255 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. No changes to recreation policies are being proposed. Intermountain Gas Map Amendment – H-2017-0089 - 4 - l. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential and mixed-use development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map, in conjunction with the text of the Plan, is to be used as a guide for decisions regarding requests for land use changes. The map change proposed, better reflects policies and goals of the City for this area. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through development review and the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. The process for implementing the Plan is not proposed to change. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. o. Agriculture The City’s Comprehensive Plan encourages the preservation of agricultural lands in appropriate areas; no change is proposed. p. National Interest Electric Transmission Corridors This amendment does not designate or change any designations for any high-voltage transmission line corridor. q. Public Airport Facilities This amendment does not affect any public airport facility. 7. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): This application is for an amendment to the Future Land Use Map of the City of Meridian Comprehensive Plan. This Map amendment is intended to raise awareness and better reflect the long-term existence of the Intermountain Gas liquefied natural gas (LNG) storage plant. The property which is located on the east side of Can-Ada Road, between Ustick and McMillan, currently has a Low Density Residential future land use designation. Staff is proposing to change the Map designation for the gas storage property to Industrial. The LNG storage plant, which is also located near and connected with the Williams Pipeline, is a critical piece of regional infrastructure. While necessary for services, the storage plant is an unattractive noise generating land use that is industrial in nature. Furthermore, and however unlikely, the high pressure LNG storage plant also represents a potential life-safety hazard. In discussion with Intermountain Gas Map Amendment – H-2017-0089 - 5 - Intermountain Gas employees, they have indicated a desire for a 1,000-foot non-residential buffer from the actual storage tank. To better plan for this area and collect stakeholder input, staff held an in-person public involvement meeting and subsequent online survey to engage with local land owners and residents. The outreach area was a subset of what is often referred to as the Fields District, but focused primarily on the south-western square mile bound by Ustick, Can-Ada, McMillan and Star roads. This area is also within the Growing Together planning area, which was a source of confusion for a significant number of stakeholders. Without getting off topic, and unlike the much broader Growing Together effort, the primary purpose of this project was to identify appropriate land use(s) that are compatible with the LNG storage plant only. City staff explained that any land use change coming out of this effort should not impact the Growing Together effort and vice-verse. Growing Together will ultimately have to address the same concerns, if elements of that effort are proposed in this same area. At the first public involvement meeting on February 27th, 2017, which was attended by more than 30 people, there was an overwhelming support for narrowing the scope of this planning effort until the long-time running Fields District and Growing Together efforts were completed. Stakeholders (generally) only wanted to address the LNG storage plant itself, and not expand too far beyond it. Several of the initial concepts discussed at the public involvement meeting looked at future land use proposals that impacted most of the full square mile, similarly to the way Mixed Use Non-residential land use is applied over the City’s Waste Water Treatment Plant (WWTP). The WWTP is another unattractive land use that is needed but not necessarily great to live near. Some interesting perspectives were shared at the January 27th meeting. Most notably were some of the perceived impacts of the LNG storage plant on the adjacent area. Several residents in near proximity to the storage plant indicated that the lights are always very bright, that test sirens are extremely loud, and that people should probably not be living anywhere near the tank. However, and contrary to the idea that people should not be living anywhere near the storage plant, this non- residential buffer was shown at only 1,000-feet for all survey concepts. This was in response to the area that Intermountain Gas felt they needed for safety considerations, and also the majority request of stakeholders that wanted to limit this project scope until after Growing Together. The results of the survey held as part of the second public involvement meeting was a diverse mix of opinions. Due to the low response rates, concern by stakeholders with regard to impacts by the concurrent Growing Together study, and requests for changes not aligned with the purpose of this study, City have staff opted to move forward with a minimal change to the Intermountain Gas property only. The proposed revision to the Future Land Use Map (see Exhibit A.2) will correct the misleading Low Density Residential land use designation currently shown on the Intermountain Gas property and raise awareness of the LNG storage plant for those referencing the map. However, additional land use analysis will be required in the future to better address impacts of the LNG storage plant on adjacent future development. The 1,000-foot buffer as requested by Intermountain Gas extends outside of their property, and is not addressed or provided for with this Future Land Use Map amendment. After the Growing Together study is concluded (date unknown), staff will then be able to better look at comprehensive Map changes in this area through additional public involvement. In this way the LNG storage plant can be better addressed ahead of further land prospecting and development proposals. Land uses within the Fields District can also be considered more comprehensively after Growing Together, and the City will be able to better consider land use change requests made through this effort but unrelated to the goal. As part of this Map amendment, staff is recommending a change from Low Density Residential to “Industrial” for the Intermountain Gas property only. While this does not adequately address quality Intermountain Gas Map Amendment – H-2017-0089 - 6 - of life and life safety impacts concerns long-term, it does raise awareness of the property and potential hazards now, ahead of further land investments, and sets the stage for additional FLUM revisions later. See Exhibit B for Required Unified Development Code Findings. 8. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Changes to the Future Land Use Map B. Required Findings from Unified Development Code Intermountain Gas Map Amendment – H-2017-0089 - 7 - Exhibit A.1: Vicinity Map Intermountain Gas Map Amendment – H-2017-0089 - 8 - Exhibit A.2: Proposed Changes to the Future Land Use Map Intermountain Gas Map Amendment – H-2017-0089 - 9 - Exhibit B. Required Findings from Unified Development Code 1. Comprehensive Plan Amendment 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City’s existing Comprehensive Plan contains all of the elements required by Idaho Statute. The proposed changes are meant to reinforce these elements and ensure consistency. Thus, the Commission finds the proposed changes are consistent with other elements of the Comprehensive plan. b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposed map amendment provides an improved guide to future growth and development within the City and Area of City Impact. The proposed changes help convey the City’s vision to stakeholders. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Internal departments were consulted in the amendment process. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan and other planning-related documents and city policies. d. The proposed amendment is consistent with the Unified Development Code. The Commission finds the proposed map amendment is consistent with the UDC and provides the necessary guidance to effectively administer the requirements of the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. NA; this amendment does not pertain to a specific parcel. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed map amendment would not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed map amendment better reflects the potential hazard that may impact the desired land uses in this area of the City. h. The proposed amendment is in the best interest of the City of Meridian. The Commission finds that the proposed map amendment is in the best interest of the City. Intermountain Gas Map Amendment – H-2017-0089 - 10 -