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HomeMy WebLinkAboutPZ Recommendations / Staff Report to CCSTAFF REPORT Hearing Date: September 2, 2014 E TO: Mayor Mayor and City Council I D A H O FROM: Brian McClure, Associate City Planner (208) 884-5533 SUBJECT: CPAT-14-001 — Existing Conditions Report Update (2014) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Planning Division has submitted an application for a Comprehensive Plan Text Amendment (CPAT) that proposes to amend the Existing Conditions Report, an addendum to the Comprehensive Plan as follows: • Revise the text; • Update the facts and figures; and • Reformat the entire report. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed text amendment to the Comprehensive Plan 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 August 7, 2014. At the public hearing, the Commission voted to recommend approval of the subiect CPAT reguest. a. Summary of Commission Public Hearing: i. In favor: Planning Division ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Brian McClure vi. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. 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 CPAT-14- 001 as presented in the staff report for the hearing date of September 2, 2014 with the following comments: (Add any proposed comments.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CPAT-14- 001 as presented during the hearing on September 2, 2014, for the following reasons: (State specific reasons for denial of the subject CPAT application.) Existing Conditions Report Update CPAT-14-001 - 1 - Continuance After considering all staff, applicant and public testimony, I move to continue File Number CPAT- 14-001 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: City wide 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 Text Amendment. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Unified Development Code, Title 11, Chapter 5. b. Newspaper notifications published on: July 21, and August 4, 2014 (Commission); August 11, and 25, 2014 (Council) c. A public service announcement was broadcast faxed on July 28, 2014 (Commission) and Au ust 18, 2014 (Council) regarding this application. 6. COMPREHENSIVE PLAN ANALYSIS The Comprehensive Plan is a visionary document that contains goals and objectives that encourage and promote a well-designed community. One of the key ways that the Comprehensive Plan has become an improved tool for growth is it aligns with other established plans and goals for the City. One such plan is the Existing Conditions Report (ECR). The ECR provides the framework for future decision making by detailing the current state, specific directions and actions taken related to each topical area discussed. The report takes the City's Mission, Vision and Values and melds it with the City's Initiatives, City Department capital improvement plans and the initiatives in the current Comprehensive Plan. Keeping these report current and relevant aids in integrated decision making by taking into account the effects on the transportation, housing, and economic strategies impacted by community growth. The specific objectives and actions that support the proposed text amendment are listed below: • "Ensure that other City departments, area agencies and service providers are informed about and have an opportunity to participate in the City's development review process." (6.02.02K). Prior to submittal of the subject application, other City department staff were notified and asked to update sections of the ECR, relevant to their department, positions, and interests. Staff also coordinated with COMPASS, Joint School District No. 2, and others to update relevant sections of the ECR. • "Review the status of the Comprehensive Plan implementation plan to ensure steady progress." (7.01.01G) Existing Conditions Report Update CPAT-14-001 - 2 - The ECR was separated from the Comprehensive Plan in an attempt to memorialize the where we have been aspect of the community. By continually updating this area of the plan, City staff has a greater efficiency for tracking development patterns of the community based on the latest growth trends and compliance with the City master plans and initiatives. • "Update the Comprehensive Plan and the Unified Development Code as needed to accommodate growth trends." (3.01.01D) See analysis above. 7. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: CPA TEXT AMENDMENT (CPAT): The subject application proposes a host of changes to the Existing Conditions Report (ECR) which includes revising the text; updating the facts and figures; and reformatting the entire report. In 2011, the City adopted the Existing Conditions Report with the understanding that it would be regularly updated and maintained to reflect current conditions in the City of Meridian. Since the ECR was drafted, the city limits have expanded, a number of very large developments have opened, and the City's population has increased by approximately 10,000 people. This update to the ECR reflects these and other changes in our community, and provides updates across a score of metrics from demographics and housing to services. The draft ECR also adopts a more modern format intended to make discussions more accessible and the document more user friendly. Chapters and sections are better defined, more reference and example images are included, and charts, graphs, and maps are easier to read. The ECR was originally separated from the rest of the Comprehensive Plan in an attempt to create greater relevancy; one plan looking forward, and one report memorializing where we have been. The ECR is a document to benchmark where we started for comparison of progress moving forward, with policy largely driven from the Comprehensive Plan. Staff is hoping that this modernization of the ECR, along with some reductions and streamlining of the actual text, will be an improvement over the current version. Other than a new section on Agriculture, and some related discussions with South Meridian and the Fields District, there is no significant variation of the outline or discussion topics within the ECR, only how they're communicated and presented. In addition to updated population and housing related metrics, City staff has also updated the land use and zoning areas, job force and employment statistics, educational attainment values, retail/office inventories, identification and expansion of City services, updates on City initiatives and community projects, park and open space descriptions, and some consolidation of topics. These efforts were largely handled in coordination with other City departments. The Planning Division requested other division and department staff update sections of the ECR, relevant to their department, positions, and interests. They were also encouraged to provide general comments of the plan as a whole. Staff also coordinated with COMPASS, Joint School District No. 2, and others to update relevant sections of the ECR. After the print date of the draft ECR, staff received proposed changes from the Environmental Division. Staff has no issues with the requested changes by the Environmental Division. These changes will be made prior to City Council action and reflected in the final document. The specific changes are provided in Exhibit A. Based on the input provided, Staff is not aware of any opposition to the proposed text amendment. Staff believes the proposed amendment to the text of the ECR provides an improved guide to future growth in Meridian. Existing Conditions Report Update CPAT-14-001 - 3 - Due to the size of the Existing Conditions Report, this item will accompany the staff report as separate PDF file. 8. EXHIBIT A. Department Comments B. Required Findings from the Unified Development Code Existing Conditions Report Update CPAT-14-001 - 4 - A. Department Comments 1. Environmental Division 1) Change Page 4-1, 1' Paragraph, last sentence under Surface Water Program as follows From: "Although the Ada County Highway District (ACHD) is responsible for all public street stormwater runoff, the City of Meridian may be required at some time in the future to submit an application for an NPDES permit, possibly in conjunction with ACHD and others." To: "Although the Ada County Highway District (ACHD) is responsible for all public street stormwater runoff, the EPA may seek additional agencies to regulate." 2) Page 5-9, Second Colum, 1st paragraph, 3`d sentence. Change — From: "These dual-purpose waterways have been channelized and widened to allow them to carry large flows in the event of a canal failure." To: "These dual-purpose waterways have been channelized and widened to allow them to carry large irrigation delivery and return flows." Existing Conditions Report Update CPAT-14-001 - 5 - 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 Commission finds that the proposed amendment is consistent with the other elements of the Comprehensive Plan (See Sections 6 and 7 above). b. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposed text amendment provides an improved guide to future growth and development within the city. The update to the ECR monitors the current growth trends of the community. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. d. The proposed amendment is consistent with the Unified Development Code. The Commission finds the proposed text amendment 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. The Commission finds that the proposed text amendment will be compatible with existing and planned land uses for the area because no changes are proposed to the future land use map, the legend of the map or any land uses described in the text of the plan. L The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. The proposed text amendment tracks the growth trends of the community to ensure compliance with the City's master plans and initiatives. 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. NA h. The proposed amendment is in the best interest of the City of Meridian. The Commission finds that the proposed amendment is in the best interest of the City because it reflects the current growth trends of the community and allows the City to adjust priorities based on those trends. Existing Conditions Report Update CPAT-14-001 - 6 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN*----.- AND IDAHO DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of 70 Single Family Residential Building Lots and 4 Common Lots on 18.21 Acres of Land in the R-8 Zoning District, Located on the east side of N. Meridian Road and North of E. McMillan Road, by Ventana LLC. Case No(s). PP -14-012 For the City Council Hearing Date of. August 19, 2014 (Findings on September 2, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) B. Conclusions of Law I . 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 I 1 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -1- 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 Conditions of Approval all in the attached Staff Report for the hearing date of August 19, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. D. Notice 2014 Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of August 19, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -3- By action of the City Council at its regular meeting held on the day of 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tammy de Weerd Attest: Jaycee Holman City Clerk VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-012 -4-