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HomeMy WebLinkAbout2019-10-07 Gloria Beattie FLUM Signatures1 Charlene Way From:Gloria Beattie <gloriabeattie53@gmail.com> Sent:Monday, October 07, 2019 7:20 AM To:Meridian City Clerk Subject:Petition to Retain Low Density Residential Land Use Adjacent to El Gato Lane Attachments:Petition_FLUM_Revision_El_Gato_Lane.pdf Attached is a petition to retain the current Low Density Residential land use classification as shown on the Future Land Use Map for the area adjacent to and in the immediate vicinity to El Gato Lane. This petition is submitted for consideration prior to and at the Planning and Zoning Commission meeting on October 17th. Respectfully, Gloria Beattie Chuck Sundby 6155 W. El Gato Lane Meridian, ID Virus-free. www.avast.com TO: DA TE: S UBJEC7l PETITION TO REVISE PROPOSED FUTURE LAND USE MAP FOR THE AREA AD」ACENTTO EL GA丁O LANE City of Meridian 33 E BroadwayAvenue, Suite lO4 Meridian, Idaho 83642 October 7, 2019 Meridian Comprehensive Plan Update Future Land Use Map SUMMRY: Based on analysis presented in the attachment to this petition′ We reSPeCtfu=y request the City retain the current 〃Low Density ResidentiaI′′ ciassification asthe land use shown on the Future しand Use Mapforthe area adjacentto EI Gato Lane. This petition is agreed upon by the fo=owing signatories: Address 上気予へh 〃のり 多之2のりと Name Signature Address Date 5ンルのど/克訪パル  墾 読解㌻∠妾宅あえク∠久/鍾帰 三を与?割とを白み、ム二と/9 N研乙初雁君 」全土ニー/ 9 ●手ノア 千八時子細判型ニ Ja 臆-㌘/考多     - 三三三三三二 ク申)v朽 豹〆Mんカム 幼子 圭子エフ7乏しG研e 3/ Name きし♀小町廿 倒うむ」山 1蜜_七\孔庇㌦よお Add ress Date 上部ぐ矛6a在 位ユニ/7 竜)尊とIO重ん 臆臆 !_旦ヱイヲ 三彩14∠多でわ ん 生半うう 二参r a名札左 言争貢をI五十も ノ0→4ィて 必_タイ巧 坐ゴーは 四四四00 ん急夕ル亀の子伽」三上ノノラ 」帰し臆臆臆臆_土星訪9 姪を- /ク 血/I9 坐」」宵や埜些事/i甲 1 ATTACHMENT INTRODUCTION The proposed Future Land Use Map (FLUM) presented in the Meridian Comprehensive Plan Update would change the land use classification for a significant area within the western portion of the City’s Area of City Impact (AOCI). The area is bounded on the west by McDermott Road and on the south by the Union Pacific railroad corridor and is shown on Figure 1. In these comments, this area will be referred to as the “affected area.” Within the affected area, the land use would be changed from Low Density Residential to Industrial. The proposed change in land use classification is in direct conflict with the goals, objectives, and action items presented in the Comprehensive Plan. These comments will focus on five areas where the FLUM does not conform to commitments of the Comprehensive Plan. Change to the FLUM land use classification in the affected area: 1. does not consider existing development. 2. does not protect private property rights. 3. does not preserve farmland. 4. does not adequately address public comments. 5. does not recognize that there are other more suitable parcels within the AOCI for transition to Industrial Each of these inconsistencies is discussed in detail in the following sections. 1. FUTURE LAND USE MAP DOES NOT CONSIDER EXISTING DEVELOPMENT As described in Chapter 3 of the Comprehensive Plan: The Future Land Use element emphasizes the importance of thoughtful and responsible land use planning, cooperation and collaboration among the various jurisdictions and agencies in the area, and preservation and enhancements of the high quality of life that currently exists in Meridian. The Future Land Use Map (FLUM) identifies the vision for a portfolio of land uses to implement the City’s many diverse goals and objectives, and works in conjunction with the text of the Comprehensive Plan, City Code and various policies of the City. The following text is from Table 3-2 in the Comprehensive Plan that outlines Future Land Use Goals, Objectives and Action Items. 3.06.01A Maintain the Future Land Use Map to reflect existing facilities 2 The proposed change to the FLUM from Low Density Residential to Industrial is in direct conflict with this text which emphasizes preservation of high quality of life that currently exists and states that the map should reflect existing facilities. As shown on Figure 1, the affected area is largely a low density residential area of 28 homes characterized by a high quality of life. These properties include many existing facilities including homes, shops, garages, agricultural out- buildings, barns for livestock, and mature landscaping and trees. Within the affected area, the current FLUM designates the area north of the railroad tracks as Low Density Residential and the area south of the railroad tracks as Industrial. This classification is consistent with another goal from Table 3-2 which states: 3.06.02F Allocate land uses near the rail corridor to both support industrial and freight movement but also residential and the movement of people within the corridor. Again, the proposed FLUM is not consistent with text that promotes both industrial and residential land uses adjacent to the rail corridor. 2. FUTURE LAND USE MAP DOES NOT PROTECT PRIVATE PROPERTY RIGHTS The following text is from Table 3.1 which outlines Growth and Population Goals, Objectives and Action Items. 3.05.00 Ensure that all planning, zoning and land use decisions balance the interests of the community by protecting private property rights for current citizens and future generations. 3.05.01 Enact land use ordinances, policies, and fees, and make decisions, including land use restrictions and conditions of approval, that do not violate private property rights. 3.05.01C Preserve private property rights and values by enforcing regulations that will prevent and mitigate against incompatible and detrimental neighboring uses. Additionally, Appendix C Regulatory Takings Checklist includes the following text: The City of Meridian wholly respects the rights of its citizens and their property and is abjectly against the negligence, abuse or devaluing of private property by others. . . . . . The City will continue to review its policy for compliance with the State regulatory takings guidelines, and ensure that their staff is appropriately trained in applicable code related to property rights. The following checklist is used in reviewing proposed regulations or actions to ensure compliance with private property rights. 3 The checklist includes the following: 4. Does the regulation have a significant impact on the landowner’s economic interest? Courts will often compare the value of property before and after the impact of the challenged regulation. Although a reduction in property value alone may not be a “taking,” a severe reduction in the property value often indicates a reduction or elimination of reasonable profitable uses. The proposed change to the FLUM from Low Density Residential to Industrial appears to conflict with this text which states that the City is committed to protect private property rights for current citizens and future generations. Furthermore, the City is against the devaluing of private property by others. However, the proposed change in land use classification from Low Density Residential to Industrial may reduce property values and marketability for residential use within the affected area. As shown on Figure 1, a total of 28 residential parcels are contained within the impact area and approximately 35 acres of farmland. The average size of the 28 residential parcels is approximately 5 acres. This is a very diverse well-established neighborhood. Many homes were constructed over 40-years ago and there are 5 structures that were built in the last 5 years. The neighborhood within the affected area has achieved many of the goals defined for the City of Meridian within the Comprehensive Plan Update:  Diversity that includes new homes, old homes, agricultural uses, and livestock facilities  Housing for all income groups  Environmental stewardship with open space, wildlife habitat, and bird sanctuaries  Mature landscaping, orchards, gardens, and trees  Neighborhood cooperation working together and pride of ownership  High level of public safety that provides a walking, running, and bicycle corridor for residents of adjacent high-density subdivisions With a variety of photographs depicting life within the affected area, Figure 2 illustrates the unique nature of this existing neighborhood. Although diverse in nature, the 28 residential properties within the affected area will share an uncertain future if the land use classification is changed to Industrial. The cloud of some future Industrial land use could adversely impact the marketability for residential use. Clearly, this would be an unintended consequence that the City should correct. 4 3. THE FUTURE LAND USE MAP DOES NOT PRESERVE EXISTING FARMLAND The following text is from Table 4-2 in the Comprehensive Plan that outlines Stewardship Goals, Objectives and Action Items. 4.05.03 Preserve prime farmland with the Area of City Impact to maintain rural character and provide opportunities for local produce and continued farming operations. 4.05.03A Encourage, as appropriate, the continued use of land for farming near Area of City Impact boundaries to effectively transition from rural uses to urban. 4.05.03C Support appropriate agriculture operations with the Area of City Impact as a source of locally grown food. For the area directly north of the railroad tracks, the proposed change on the FLUM from Low Density Residential to Industrial conflicts with text of the Comprehensive Plan which emphasizes preservation of prime farmland and continued use of land for farming. 4. THE FUTURE LAND USE MAP DOES NOT ADDRESS PUPLIC COMMENTS Appendix D contains “Summarized Future Land Use Comments” and comment 9 refers to the affected area: 9. Retain Low Density neighborhood north of railroad tracks. Do not transition to Industrial. This single comment is a simplistic consolidation of over 30 comments submitted by concerned property owners within the affected area. Many of the comments submitted were very thoughtful, detailed and insightful and depict the attributes that warrant retaining the residential area into the future. Clearly distilling all these comments down to this single comment fails to acknowledge the overall magnitude of concern of the existing residents. The Appendix includes thousands of individual comments (many redundant) but fails to address these significant concerns. This is contrary to the stated goals of the planning effort. Furthermore, Appendix D does not provide any response to comments. Not only should these comments be included in the Appendix, the City should provide some rationale and justification for the proposed change to the land use classification which is clearly being imposed in conflict with the desire of existing residents. 5 5. THE FUTURE LAND USE MAP DOES NOT RECOGNIZE OTHER MORE SUITABLE PARCELS FOR TRANSITION TO INDUSTRIAL Appendix D “Comprehensive Planning Market Analysis” includes the following statement relative to the role of rail transport for industrial activities. Today’s industrial users rely more on easy interstate access and would probably prefer locations more directly accessible to I-84 (or a future Hwy 16), if zoned land were available. Since this is a long-range plan, why not identify industrial land uses for the agricultural lands along the Highway 16 corridor instead of imposing the Industrial land use on existing residential development? A review of aerial photography adjacent to the Highway 16 alignment between Chinden Boulevard and Ustick Road shows ample undeveloped area to meet the growing demand for industrial land in the AOCI. CONCLUSION In summary, we the signatories, strongly believe that the existing low density residential development located along the El Gato Lane corridor should be retained and protected through the foreseeable planning horizon identified in the Meridian Comprehensive Plan Update. A change in land use classification in this area from Low Density Residential to Industrial violates several key principles stated as foundations to the planning process. Additionally, it appears there are other areas located in the northwest corner of the AOCI which could accommodate future industrial uses if such demand does in fact materialize. We, the signatories, strongly encourage reconsideration of the proposed Industrial land use designation in the affected area and retention of the current Low Density Residential land use. 6 FIGURE 1 AFFECTED AREA NOTES: Current Land Use Classification is Low Density Residential (Consistent with Existing Facilities). Proposed Land Use Classification is Industrial. Due West of the Affected Area, Saint James Place Subdivision in Canyon County contains 13 High-End Low Density Properties. 7 Older “Historic” Home Mature Landscaping and Trees Established Home (40 years) Preparation for the Fair Horses at Home Barns and Outbuildings Welcoming Community Hay Production Orchards Newer Home Rural Setting Safe Neighborhood FIGURE 2 EXISTING LOW DENSITY RURAL NEIGHBORHOOD