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N. Phyllis Canal CPA
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 STAFF REPORT Hearing Date: December 4, 2007 TO: Mayor & City Council E IDIAN~-- FROM: Sonya Watters, Associate City Planner - O D A H O (208) 884-5533 SUBJECT: Phyllis Canal Project • CPA-07-010 Request to amend the Comprehensive Plan Future Land Use Map to include the subject property within the Area of City Impact with a River Residential future land use designation. • CPA-07-015 Request to amend the Text of the Comprehensive Plan to create a new land use designation (River Residential) for the subject area that would include common area/open space, low-density residential, medium low-density residential, and medium-density residential uses with an anticipated average density of 3 dwelling units per acre. 1. SUMMARY DESCRIPTION OF APPLICAN'T'S REQUEST The subject Comprehensive Plan Amendment (CPA) applications propose to amend both the Text and the Map of the 2002 Comprehensive Plan. The Applicant, Sherrie Ewing, is proposing to amend the Map for the North Meridian area with a new future land use designation, River Residential, in order to include the subject property within the Area of City Impact (AOCI). The River Residential designation is proposed to consist of common area open space (265 acres), low-density (293 acres), medium low-density (48 acres), and medium-density (39 acres) residential uses with an anticipated average density of 3 dwelling units per acre. The subject area includes 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately '/o mile west of Black Cat Road. The area of the proposed Map amendment is identified in Exhibit A.1 of this report. Concurrently, the Applicant has proposed a Text Amendment to the Corprehensive Plan to create a new land use designation for the subject area called River Residential that would include open areas, low-density residential, medium low-density residential, and medium-density residential uses with an anticipated average density of 3 dwelling units per acre. The details of the proposed Text Amendment are included in Exhibit B of this report. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CPA applications below. Staff recommends that the Commission and Council carefully consider the Applicant's request to determine if approval of the proposed CPA's is in the best interest of the City. If the Commission and Council does deem approval of these CPA applications in the best interest of the City, Staff recommends approval of CPA-07-010 per the Analysis in Section 8 and the Findings listed in Exhibit E of this staff report with changes to the Comprehensive Plan Future Land Use Map as depicted in Exhibit A.6. Further, Staff recommends denial of CPA-07-015 per the same analysis and findings because changes to the text of the Comprehensive Plan are not needed if Staff s recommended changes to the map as shown in Exhibit A.6 are approved. NOTE: The Commission is allowed to recommend amendments to the Comprehensive Plan for text changes at any time. The Commission is only allowed to recommend amendments to the Phyllis Canal Project CPA-07-O10 & CPA-07-015 CITY OF MERIDIAN PLANNQVG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Comprehensive Plan map every six (6) months. The last amendment to the land use map recommended by the Commission was on April 19, 2007, which exceeds the minimum six month requirement between that and the current request. After making a recommendation on the subject application, the Commission will have to wait at least six months before recommending any additional changes to the Map. The Meridian Plannin>s & Zoning Commission heard these items on November 1, 2007. At the public hearin>i they moved to recommend approval of CPA-07-010 (map) and denial of CPA- 07-015 (text). a. Summary of Public Hearing: i. In favor Sherrie Ewing, Applicant; Jon Yor>;ason; Rvan Colson; and Tuck Ewin ii. In opposition: None iii. Commenting: None iv. Written testimony Letter from the City of Ea>sle signed by the Mayor & City Council members (dated 10/24/071 v. Staff presenting application: Sonya Wafters vi. Other Staff commenting on application: Anna CannfnS b. Kev Issues of Discussion by Commission: i. The desire of some residents along the west side of Linder Road south of the Phyllis Canal Project to also be incorporated into Meridian's Area of City Impact• and ii. The fact that the subject property currently lies within Easile's Area of City Impact. c. Kev Commission Changes to Staff Recommendation: i. None d. Outstandinis Issue(s) for City Council: i. Whether or not it is in the City's best interest to amend the future land use map to include this area for future incorporation into the Area of City Impact as it is currently in Eagle's Area of City Impact. 3. PROPOSED MOTION Approval of Map (CPA-07-010), Denial of Text (CPA-07-015) I move to approve File Number CPA-07-010 and deny CPA-07-015, as presented during the hearing on December 4, 2007. Approval I move to approve File Numbers CPA-07-010 and CPA-07-015, as presented during the hearing on December 4, 2007. Denial I move to deny File Numbers CPA-07-010 and CPA-07-015, as presented during the hearing on December 4, 2007, for the following reasons: (you should state specific reasons for denial) Continuance I move to continue File Numbers CPA-07-010 and CPA-07-015, to (insert continued hearing date) for the following reason(s): (you should state specific reasons for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject area is north of the Phyllis Canal and south of the Boise River from Linder Road to Phyllis Canal Project CPA-07-O10 & CPA-07-O15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 approximately '/o mile west of Black Cat Road. (See Exhibit A.1 for project boundary.) b. Owners: Aldape Properties Christian Children's Ranch Merlen Henkel Pacific Links Ramon Arana Rex & Peggy Everist Spurwing Ltd. c. Applicant: Sherrie Ewing 2934 E. Lake Hazel Meridian, Idaho 83642 d. Representative: Sheme Ewing, Applicant e. Present Zoning: RiTT (Ada County) £ Present Comprehensive Plan Designation: The subject properties that are included in this application do not currently have land use designations assigned to them and are outside of the current Area of City Impact. g. Description of Applicant's Request for a Comprehensive Plan Map and Text Amendment: The Applicant requests to create a new land use map designation called River Residential for the subject area. The River Residential designation is proposed to consist of approximately 265 acres of common area, 293 acres of low-density residential, 48 acres of medium low-density residential and 39 acres of medium-density residential uses. The average density of these designations would equal 3 homes per acre. A text amendment is requested to include the River Residential land use designation and low-density, medium low-density, and medium density residential sub-categories in the Comprehensive Plan. (See Exhibit B for detailed information regarding the new proposed land use designation and sub-categories.) h. Applicant's Statement/Justification for a Comprehensive Plan Map and Text Amendment: - The subject property is currently in the City of Eagle's Impact Area. However, the City of Eagle currently has no plans to expand services (water & sewer) toward our area and services to this area would cost almost five times what it would cost us to connect to Meridian. - Services from the City of Star would take years before we could connect and would cost over seven times the cost of Meridian. - The City of Meridian has planned capacity for our area with their Black Cat expansion, according to Brad Watson, and we are contiguous with the City of Meridian and would only be a couple of years away from services. - Our mailing address has been Meridian for at least 85 years and the phone number has been a Meridian number for as long as we've had a phone. Phyllis Canal Project CPA-07-O10 & CPA-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 - Fire and police protection are currently being provided through the City of Meridian. - Five generations of "Aldape's" are attending, or have graduated from Meridian schools within the City limits. - We have always been Meridianites and want to remain Meridianites. (See Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute a Comprehensive Plan Future Land Use Map Amendment as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Comprehensive Plan Text Amendment as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications for CPA-07-010 and CPA-07-015 were published on: October 15, 2007, and October 29, 2007 (Commission); November 12 2007 and November 26, 2007 (City Council d. The Public Service Announcements for CPA-07-010 & CPA-07-015 were aired on: October 5, 2007 and October 29, 2007 (Commission); November 9 2007 and November 30, 2007 (City Council e. Applicant posted notice on site by: October 18, 2007 (Commission); November 9, 2007 (City Council 6. LAND USE a. Existing Land Use(s): Rural residential properties and agricultural land. b. Description of Character of Surrounding Area: The area surrounding the subject property consists mainly of rural residential properties and agricultural land. Spurwing Subdivision, a residential subdivision, exists at the southern boundary along with Jayker Subdivision, which is in the development process. c. Adjacent Land Use and Zoning: 1. North: Rural residentiaUagricultural properties, zoned RUT (Ada County) 2. South: Rural residentiaUagricultural properties, zoned RUT (Ada County); Spurwing Subdivision, zoned R-8; approved Jayker Subdivision, zoned R-2, R-8, R-15, C-N, & C-C 3. West: Rural residentiaUagricultural properties, zoned RUT (Ada County) 4. East: Rural residentiaUagricultural properties, zoned RUT (Ada County) d. History of Previous Actions: The subject property is currently included in Eagle's Area of City Impact and Comprehensive Plan. (See Analysis, Section 8, for more information.) e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: The Public Works Department is confident that all necessary services can be provided to this area based upon the proposed densities and Phyllis Canal Project CPA-07-010 & CPA-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 projected population. Location of water: Water will be served by United Water. 2. Vegetation: There are numerous existing trees on the subject properties that should either be preserved or mitigated for at the time of development. 3. Flood plain: The City of Meridian's FEMA (Federal Emergency Management Administration) mapping shows the northern portion of the subject property along the Boise River as being in the AE flood zone and also within the floodway; the central portion of the property is within the AE flood zone but is not in the floodway; and the southern portion along the Phyllis Canal is in the XS flood zone and is also not in the floodway. Per City of Meridian resolution, all properties encumbered by a FEMA flood zone designation of an A category shall submit a Flood Plain Development Permit prior commencement of any work. (See FEMA reap in Exhibit A.2 of this report.) 4. Canals/Ditches Irrigation: The Phyllis Canal and Eureka Canal both course through this area. There are also several smaller irrigation/drainage ditches in this area. 5. Hazards: The Phyllis Canal, the Eureka Canal, and the Boise River are deep and wide and could be hazardous to children. 6. Proposed Zoning: No annexation or zoning is proposed with this application. 7. Size of Property: 645 acres 7. COMMENTS MEETING On October 12, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Sanitary Service Company, and Meridian Public Works Department. No comments were submitted by these agencies at that meeting. 8. ANALYSIS The Applicant is requesting to amend both the Text and the Map of the 2002 Comprehensive Plan PROPOSED CHANGES TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP An amendment to the Future Land Use Map for the North Meridian area is requested to include the subject property within the Area of City Impact (AOCI) with a "River Residential" future land use designation. The River Residential designation is proposed to consist of a number of sub- designations: common area/open space (265 acres), low-density (293 acres), medium low-density (48 acres), and medium-density (39 acres) residential uses, as depicted on the map attached in Exhibit A.S. This area is anticipated to have an overall average density of 3 dwelling units per acre. The subject area includes 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately '/ mile west of Black Cat Road. The area of the proposed Map amendment is identified in Exhibit A.1 of this report. The Applicant has included a concept plan that shows their vision for this area (see Exhibit A.5). However, an annexation and/or development project is not proposed at this time and a bubble plan has not been submitted due to the following reasons as stated in the Applicant's narrative: 1) "We are not developers and we are not ready to develop at this time; 2) We do not know what the market will be when this area is ready to develop; 3) As there are multiple owners associated with this request, it would be close to impossible to obtain 100% agreement on land usage, where the roads should be located, etc.; and 4) We believe that a developer would have the expertise to do this when the time is right." The map shown in Exhibit A.5 is a general plan of the transition of uses that are proposed. Phyllis Canal Project CPA-07-010 & CPA-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 PROPOSED TEXT CHANGES TO THE COMPREHENSIVE PLAN Concurrently, a Text amendment to the Comprehensive Plan is requested to create a new land use designation for the subject area called River Residential, which is proposed to consist of the following sub-categories: common area open space, low-density, medium low-density, and medium-density residential uses (see Exhibit B). The Applicant proposes the following details to be added to the text of the Comprehensive Plan on page 107, before the Regional Planning and Cooperation section: River Residential, which will include: A. Open areas -including the floodway approx. 265 acres B. Low-density residential approx. 293 acres C. Medium low-density residential approx. 48 acres D. Medium-density residential approx. 39 acres Note: The average overall density for the subject property is anticipated to be 3 homes per acre. Open areas could include: Walking/bicyclegaths, public park(s), public access to the Boise River, ponds, sports complex, picnic areas, etc. This area would primarily be along the Boise River and would be within the floodway as designated by FEMA. Also included in the open area could be walking paths from the Phyllis Canal to the Boise River or parks. Low-density residential: Maximum gross density = 2 homes per acre. This area would be within the flood plain. The homes could be clustered and could include ponds and open space. This area would meet the City of Meridian's R-2 Zoning Standards which includes: Minimum property size: 12,000 square feet Minimum street frontage: 80 feet Minimum living area: 1,500 square feet Medium low-density residential: Maximum gross density = 4 homes per acre. These homes will primarily be located north of the Phyllis Canal and will transition into the Low-density residential homes. Again, homes maybe arranged in clusters and ponds would also be visible. The homes would meet the City of Meridian's current R-4 Zoning Standards which includes: Minimum property size: 8,000 square feet Minimum street frontage: 60 feet Minimum living area: 1,400 Medium-density residential: Maximum gross density = 8 homes per acre. Town homes maybe popular located along the golf course. Again, this will be market driven and will be determined at the time of development/annexation. These homes would meet the City of Meridian's current R-8 Standards which includes: Minimum property size/dwelling unit (square feet) ^ Single-family detached dwelling unit w/garage 5,000 facing the property line ^ Single-family detached dwelling unit w/shared driveway 4,000 ^ Single-family attached and two-family duplex dwelling unit 4,000 Staff has reviewed the above details of the proposed residential categories within the River Residential designation and found they coincide with the residential zoning districts listed in Unified Development Code (UDC) 11-2A-1 under the same names. The Applicant proposes the same maximum density, minimum property size, minimum street frontage, and minimum living area (see below) for each residential use category as in the UDC. Open Space: A large portion (265 acres) of the subject property is proposed for open space. The area depicted as common area/open space on the plan in Exhibit A.2 at the north and east boundaries of Phyllis Canal Project CPA-07-010 & CPA-07-O15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 the subject property consists of land that lies within the floodway of the Boise River as defined by FEMA maps. These areas are not proposed to contain building lots. Open space is also depicted for the area along the south boundary adjacent to the Phyllis Canal where the golf course (Spurwing) currently exists. Staff is supportive of the Applicant's proposal for these areas to be designated for common area/open space and for the recreation amenities listed above proposed to be included in these areas. Transportation: The Applicant states that access can be provided to this area from the east: Duck Alley connecting to Linder Road; from the south: Basco Lane connecting to Chinden, Black Cat connecting to Chinden and possibly Highway 16; and from the west: possibly Palmer Road. Because of the subject property's proximity to the Boise River, several access points should be provided in case of emergency due to flooding. Jurisdiction: The subject area is currently within Eagle's Area of City Impact. It is designated in Eagle's Comprehensive Plan as being within the land use sub area "River Plain Residential Area." As such, the Eagle Plan calls for the following: trails, open space, and parks in conjunction with transitional residential densities should be provided; the overall density of this area is 1-2 units per acre south of the Boise River with higher densities of 2-3 units per acre beneath the rim transitioning into clustered large lot residential use (1-2 acre lots) adjacent to the river; open space and trails should be located adjacent to the river in conjunction with the continuation of the regional trail system. Eagle's future land use map (see Exhibit A.4) designates this property as Floodway (149 +/- acres), Residential Two (396 +/- acres), and Transitional Residential (100 +/- acres). These designations are defined as follows: Floodway -These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event; Residential Two -Suitable primarily for single-family residential development within areas that are rural in character. Maximum density of up to 2 units per acre; Residential Transition -Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. See Eagle's Comprehensive Plan for a complete description of these designations. Staff s Comments: Staff believes that the subject area could be serviced by the City of Meridian and all associated service providers (schools, parks., police, fire, etc.). However, because this area is currently within Eagle's AOCI and Comprehensive Plan, the primary issue to consider is whether the City of Meridian should designate future land use designations and plan to provide services to land that is currently within another municipalities AOCI, especially when they are not in agreement with the Applicant's request to be removed from Eagle's planning area. The City of Eagle's Mayor and City Council members submitted a letter to the City of Meridian, dated October 24, 2007 (included as Exhibit C), that requests that the City deny the subject application. Further, the City of Eagle believes that this property should remain in Ada County until annexed and developed in the City of Eagle. The Commission and City Council should carefully weigh all factors involved in this request to determine if it is the best interest of the City of Meridian to amend the Comprehensive Plan to include this area and proposed land use designations (open space and residential uses) in the City's Comprehensive Plan. If the Commission and Council deem that it is in the City's best interest to amend the Plan and ultimately include this area within the AOCI for future expansion of the City, they should consider Staff's comments below. Staff has reviewed the Applicant's request and supports the land use concepts for the subject area as depicted in Exhibit A.S. However, Staff is recommending that a different path be taken to achieve this outcome. Rather than approving a new land use designation (River Residential) with residential sub- categories and amending the text of the Comprehensive Plan and map to reflect this designation, Staff recommends that an existing land use map designation be used for this area to accomplish essentially the same results. Phyllis Canal Project CPA-07-010 & CPA-07-O15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Because the City's UDC already includes the residential designations (low density, medium low- density, and medium density residential) requested by the Applicant, Staff recommends that the future land use map be amended to designate this entire area as low-density residential, except for the area that is within the floodway, which should be designated for public/quasi-public uses. The purpose of areas designated for Low Density Residential use as stated in the Comprehensive Plan (page 99) is as follows: "to allow for the development of single-family homes on large lots where urban services are provided. Uses may include single-farruly homes on large lots where urban services are provided. Uses may include single-family homes at densities of three dwelling units or less per acre. A planned development permit maybe required for large subdivisions. Density bonuses may also be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services." Additionally, requests for one "step" up in density (i.e. low to medium) maybe requested without a Comprehensive Plan amendment to achieve higher densities in certain areas. The low density designation would allow for the annexation of properties within this area with R-2 and/or R-4 zones with densities of 3 dwelling units or less per acre, which would be consistent with the Applicant's request. Or, if a "step" up in density is approved, the medium density residential designation would allow densities of 3 to 8 dwelling units per acre in areas where a higher density is desired. Additionally, if this area is included in the City, the City will need to complete and adopt a floodplain management process for development along the Boise River. NOTE: The Public Works Department is currently working on a new floodplain development ordinance. If the Commission and Council approve the Applicant's request to be added to the Future Land Use Map, with Staff's recommendation of a designation of low density residential and public/quasi-public for this area as depicted on the map in Exhibit A.6, a text amendment would not be necessary as the current text already includes these designations. Staff recognizes the careful thought and consideration that the Applicant has put into the proposed text amendment and is of the opinion that the level of detail proposed is more appropriate for a future development agreement or zoning regulation rather than as guiding comprehensive plan policies. 9. COMPREHENSIVE PLAN -POLICIES AND GOALS 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 VII, Goal I, Objective D, (page 110) -Plan for appropriate uses within rural areas. Expanding the AOCI and assigning future land uses to the North Meridian area for future expansion of the city will allow the City to plan for future uses that are suitable to the existing and future rural uses in this area. • Chapter VII, Goal N, Objective C, Action 10 (page 113) - Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The Applicant is proposing an overall average density of 3 units per acre for this area consisting of low-density, medium low-density, and medium-density residential uses. The variety in densities will provide a greater mix of residential categories in this area. • Chapter VII, Goal N, Objective C, Action 1 (page 113) -Protect existing residential properties from incompatible land use development on adjacent parcels. Phyllis Canal Project CPA-07-010 & CPA-07-O15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 The proposed map amendment designates the majority of the property for low-density residential uses (293 acres) and common area (265 acres), which Staff believes is compatible with adjacent rural residential properties. A small portion of the property is designated for medium low-density residential uses (48 acres) and medium-density residential uses (39 acres). These areas abut R-2, RUT (Ada County), and RI (Ada County) zoned properties. Staff believes that the proposed land use designations are compatible with existing residential properties. • Chapter N, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The subject property is contiguous to the City and urban services can reasonably be provided in the future should the City Council determine that approval of this application is in the best interest of the City. The subject CPA applications do not include a development application. If the CPA applications are approved, development of this property is proposed to happen when each individual property owner decides to annex. • Chapter V, Goal I, Objective A, Action 1 (page 39) -Identify waterways, wetlands, and other natural resources for preservation. The Boise River runs along the north boundary of the subject property. The Applicant is proposing a large amount of common area/open space within the area that FEMA designates as being within the floodway along the Boise River. This area is proposed to contain walking/bicycle paths, public park(s), public access to the river, ponds, picnic areas, etc. • Chapter V, Goal I, Objective A, Action 19 (page 39) -Encourage efficient use of open space at the Area of Impact boundaries to effectively transition from rural uses to urban uses. The Applicant is proposing a large portion of this site for common area/open space along with residential uses with an average density of 3 dwelling units per acre. These proposed uses should provide a good transition from rural to urban uses. 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. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented 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. The subject CPA specifically addresses future land uses within the study area. The proposed Low Density Residential and Open Area designations will assist in providing a transition between the existing rural residential and agricultural uses and urban level residential densities. The proposed overall average density of 3 dwelling units per acre consisting of low-density, medium low-density, and medium-density residential uses will provide for additional housing opportunities within this area. The Applicant states that landscaping, waterways, walking biking paths, and parks will all be developed as required by City code. b. Population Phyllis Canal Project CPA-07-010 & CPA-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. The densities proposed in the plan have been reviewed by the Public Works Department and they are confident that all necessary public utilities can serve this area. c. Housing The City of Meridian is charged with ensuring adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. The proposed plan recommends Low, Medium Low, and Medium density residential uses within this area with an average density of 3 units per acre. These densities will provide for larger homes in a very relaxed atmosphere and transition to slightly smaller homes, but still with water amenities; Town homes may also be popular located along the golf course. If Commission and Council choose to approve these CPA's, it will increase the type of housing opportunities in this area. Further, the comprehensive plan specifically addresses the need for providing various types of housing within the city. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from a fanning-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 2002 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. This element does not apply to the proposed Phyllis Canal Project as it contains only residential uses and no commercial uses. e. Public Services, Facilities, and Utilities The Public Works Department is confident that sewer can be provided to the subject area. The Black Cat trunk line is currently planned to be installed to the Jaker's Subdivision with a 15 inch stub line intended to service a portion of the subject area. The development of the subject properties will require a lift station to be installed at the developer's expense to pump sewage to a point where it will then gravity flow back to the North Black Cat lift station. Also an 18 inch stub will be located in North Black Road and Chinden for fixture use of properties west of Black Cat Road. Water will be provided by United Water. £ 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. The proposed plan does not include a school facility. However, the Applicant states that Wendel Bigham of the Joint School District stated that although he would welcome this area into the City of Meridian, he would probably not want a school in this area as it is rather remote. The Applicant further states that the roads will be designed so that school buses will be able to access this area as necessary. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Transportation to this development may be provided from Duck Alley connecting to Linder, Basco Lane connecting to Chinden, Black Cat connecting to Chinden, and possibly access to Highway 16. All of these roads, except for the access to Highway 16, will be developer driven and will be presented to the City with the Annexation application(s). h. Natural Resources Phyllis Canal Project CPA-07-O10 & CPA-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 The purpose of this element is to promote conservation of areas of natural significance, where appropriate. The Boise River runs along the northern boundary of the subject property and is a beautiful natural resource with an abundance of water, ponds, and man-made creeks, which will add beauty to this area. The applicant is proposing common area within the floodway areas. Staff does not believe that future development of this area will significantly pollute or degrade the natural environment. i. Special Areas The subject amendment directly addresses the need for the preservation and planning around significant natural resources such as the Boise River, which courses along the north boundary of the subject area. The plan designates the land adjacent to this natural feature that is within the floodway with open area that is to be used for parks, pathways, river bank greenbelts, playgrounds, sports complex's, etc. and other amenities (for further detail see the discussion of recreation below). j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. A large portion of this property along the north boundary lies within the floodway of the Boise River. The Applicant has considered and attempted to eliminate the hazard of flooding in this area by proposing no building in the floodway as designated by FEMA. The floodplain area will be low-density and will follow the rules and regulations as directed by FEMA and the future floodway development provisions of the City. k. Recreation Recreation resources within Meridian include thirteen City parks totaling approximately 210 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. The proposed plan wild add to the recreation opportunities already available in the city. The Applicant states that the floodway could be used for public parks, walking paths, river bank greenbelts, playgrounds, sports complexes, etc. Further, the Applicant would also like to incorporate walking/biking paths within the residential areas to allow residents easy access to the parks and Boise River. 1. Land Use The policies of this element are presented in the Comprehensive Plan Land Use Map. The Map is a graphic representation of the policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. As discussed above, the applicant is proposing to amend the Map by expanding the AOCI and assigning land use designations for future expansion of City limits. These designations are shown on the future land use snap shown in Exhibit A.S. 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 Department will administer the Comprehensive Plan and its policies, under the direction and supervision of the Meridian City Council.. 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 Applicant is not proposing a development timeline at this time as each property owner will annex when they feel the time is right for them. Phyllis Canal Project CPA-07-OIO & CPA-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 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 as only those who want to be included in this application are included; a few other adjacent property owners did not wish to be included in the subject application and are not a part of it. 10. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed with the subject CPA applications. 11. SUMMARY AND RECOMMENDATION Staff recommends that the Commission and Council carefully consider the Applicant's request to determine if approval of the proposed CPA's is in the best interest of the City. If the Commission and Council does deem approval of these CPA applications in the best interest of the City, Staff recommends approval of CPA-07-010 per the Analysis in Section 8 and the Findings listed in Exhibit E of this staff report with changes to the Comprehensive Plan Future Land Use Map as depicted in Exhibit A.6. Further, Staff recommends denial of CPA-07-015 per the same analysis and findings because changes to the text of the Comprehensive Plan are not needed if Staff's recommended changes to the map as shown in Exhibit A.6 are approved. The Meridian PlanninE & Zflnin Commission heard these items on November 1, 2007. At the public hearins the Commission moved to recommend approval of CPA-07-010 (map) and denial of CPA-07-015 (text). 12. EXHIBITS A. Drawings Associated with CPA-07-010 1. Vicinity/Zoning Map 2. FEMA Map 3. City of Meridian's Future Land Use Map 4. City of Eagle's Future Land use Map 5. Proposed Changes to Future Land Use Map 6. Future Land Use Map Depicting Changes per Staff's Recommendation B. Text Changes Proposed with CPA-07-015 C. Letter from City of Eagle D. Department Comments E. Required Findings from the Unified Development Code Phyllis Canal Project CPA-07-010 & CPA-07-015 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 A. Drawings 1. Vicinity/Zoning Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 2. FEMA Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 3. City of Meridian's Future Land Use Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 Exhibit A 4. City of Eagle's Future Land Use Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 5. Proposed Changes to Future Land Use Map FLOOD WAY I 100 YEAR .OOD PLAIfd v ~. -- ~ ~, ~_ -__ X111 ACRES , ~ I I X293 ACRES t%dD U~ LEf~fdD _ O ~ 1 Y p _ C00.1MaJ MEA / OPEtJ SPACE U7 K \ 9Cps W ~ _ LOW OEN91Y Q U - - _ z J ~ + -LAW /MEDIUM DFlfillY ~ ~ Q X130 ACRES ~ ~ tnmluu DnJgrv t °i r•~ ~ _ I i !, " ~ ~ ~~ ~ ~ I w ~ 'I a ' J I~ ..~ ___, __. I v i' o' - ~ - r~ ~ -- -- Y J I ~. N• m i i ~ - _ ~ , p ~ ~ `- . ,I mt , I 'i- ~ ~ "~ CHIPJDEN Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 6. Future Land Use Map Depicting Changes per Staff's Recommendation ~ y (f ~ T~...`~` 1J ! _I ti r -'~,. 0 T •`~~~ ~, Future Land Uses Commercial /~ Ten Mile Interchange Specific ~\S Industdal N gfra Fligh Density Residertial Medium Density Residential Lnw Density Residential qd Town ® MixedUse•Interchange NSxedUse-Regional MixedUSe-Commundy Mixed Use • Neighbodtood MixedUse- Waste Water TreatmeMPlant ® WbIiGDuasi-Public ~irE IDIZ IAN-- IDAMO W ,.. =~.'. .a , ~n 1 ~: ~.~ _,~ 'V ~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 B. Text Changes Proposed with CPA-07-015 LAND USES: We would like to have a new land use designation created for this area which would encompass the entire area from the Phyllis Canal to the Boise River. For simplicity we will call this new designation "River Residential" and will include: E. Open areas -including the floodway approx. 265 acres F. Low-density residential approx. 293 acres G. Medium low-density residential approx. 48 acres H. Medium-density residential approx. 39 acres The anticipated density for this entire property will be 3 homes per acre. More details of the requirements of each of these would be provided in the text of the Comprehensive Plan on page 107 -before the Regional Planning and Cooperation Section: A. Open areas could include walkin icycle paths public park(s) public access to the Boise River ponds sports complex,~picnic areas etc This area would primarily be along the Boise River and would be within the floodway as designated by FEMA. Also included in the open area could be walkingpaths from the Phyllis Canal to the Boise River or parks. B. Low-density residential -maximum gross density = 2 homes per acre. This area would be within the flood plain. The homes could be clustered and could include ponds and open space. This area would meet the City of Meridian's R-2 Zoning Standards which includes: -Minimum property size (square feet) 12,000 -Minimum street frontage (in feet) 80 -Minimum living area (square feet) 1,500 C. Medium low-density residential -maximum gross density = 4 homes per acre. These homes will primarily be located north of the Phyllis Canal and will transition into the Low-density residential homes. Again homes may be arranged in clusters and ponds would also be visible. The homes would meet the City of Meridian's current R-4 Zoning Standards which includes: -Minimum property size (square feet) 8,000 -Minimum street frontage (in feet) 60 -Minimum livin ag rea (square feet) 1,400 D. Medium-density residential -maximum gross density = 8 homes per acre. Town homes maybe popular located along the golf course. Again this will be market driven and will be determined at the time of development/annexation. These homes would meet the City of Meridian's current R-8 Standards which includes: - Minimum~roperty size/dwelling unit (square feet) Single-family detached dwelling unit w/garage 5,000 facing the propert~ine - Sin lg e-family detached dwelling unit w/shared driveway 4,000 - Single-family attached and two-family duplex dwelling unit 4,000 To reiterate, the AVERAGE of these four designations would equal 3 homes per acre. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 C. Letter from City of Eagle 'a~~t~.2 2ao~~ a ~s~a~ ~fl;.o9•~5 ~. 2 ..Fi r ~ F ~a Vlayor~• ~Ianry C. ;ivSccriU~ CITY OF EAGLE Council:. Sianlry J: Bastian. <P.Q Box ISZO- Phit Baady Eagle, Idaho 83616; $rcye Guet{ser~ City of Meridiittl 939-:6813: '5eott Nordstrom .Attu; ~PeteFredman~, AICP 660 E. Watertower Street,_Suite 200. Meridian,,ID 836.42 Ooiober 24x,2007 Re: CPA-U7-010-$hetrae: Ewiing, J~.ear-1vIr. Friedman; , `The 'Eagle City Council reviewed the above referenced application on Ockober23., 2~7, and requests thapthe Meridian City Council deriy'the applicalion'to amend the comprehensive plan 'fo CPA-07=.010: 'The property is: located within, the Eagle Area of City Iittpact and; Eagle. Comprehensive"Plan. I1te City of:Eagle believes that this property should.. remain in Ada County until anneited and' deveIoged in the City of Eagle. The CiEy of Eagle.objects:to this application ,for the following :reasons:. • Prior p~a~iugt ' Tlie properties to question were added to the Eagle. Comprehensive Plan and area of city impact in 20p4'at which time, though duly noticed, neither the applicentnor the Ciry of 1Vlerdian exptessed concems;about.theinclusion. othhe property into the Eagle Plan or AQI. Since 2U04; .t}ie City of Eagle has contnueii' to ~yoik with the City iVIeridian to establish~clearly identiSable boundaries for. our communities. `Lkie City o:€Eagle tas previously agreed to:remove-over 570 acres from our approved AOt; along the north side of Chrnaeri izp to the Phyllis Canal: At that time ~~ AAldape:prdpeccy'w'as spoken about and.it was'clearly stated by the Eagle°City: Council and the City of Meridian' Mayor:and Council. that the area. north: of Qte Phyllis.. Canal, should rerriain in the. Eagle AOI and°be developed. with the same ,guidelines acid standards thatthe. City of Eagle has used' for all' river and floodpiain deve~bpments. Further,'the cities Have discussed the need. to support each jurisdiction"s unique land,use and pianriing afforts. Approval of'ths application wou}d 6e a drec assault on the cities'`pl'anning relati.os~ hips _and w'tU degrade our ability to Trust each other attd to support each others uni~ue,community designs an. d identities. This appiicati.on. is analogous' to concerns Meridian is cxpresSirig about ICuna expanding into yottrsouthern area of~impact;. Ynteiit pYthe Ada County Commiseioneire In 20U4; the City ofEagle. and the Board of.Ada; County Commissioner spent 6 months in discussions ~oye'r the Eagle,Area of Impact that wes.evezatualfy approved, -including t}ris siteand:khe property south of the Rhyllis Canalthat was annexed by Meridian. in 20U5. 'Page 7 of 6 ... R:\PCennipg DeytlMfso retttrs1200RMeriBien COfip P1i»;N. bf'Phj!ii1F aMhlil.~Oc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 'Oc't~ 25:. 2007 <9,;'O~AM No, 49'75 t'. ;9. During the. A0I approval process, s>gni#icatlt time was-spent on the requirements under Idaho Code`67-65-and how they apply to the City of~Ea~le: Reasatiabllitt! to: Anztex: The applieent states that this application is necessary due the.City of'Eagle tieing more-than five,(5}mites from the site:. At this point the City of Eagle:i"s less thin 4;UpU feet from the site. requiring the annexation of less than 5 parcels to become cpntguous. (See ~-ttachinent A) Creog~aphic Boundaries: It is. clear that during previous. discussions between the Eagle and Meridian City Cbuneils that the cities agree'that the Phyllis Cana! and bench to the south of this site.are clear geographic boundaries providing easly.identifiable boundaries between our communities. `The ownerships of the proposed application are' fractured and irregular in shape: The project site is less than half of the ar6a iden'ti$'ed :in fhe Eagle Comprehensive Plan as..the "River Plain Planning Area" and will eesult in isolating parcels. not.includecl'in this application, which want to be part of Eagle, from ever becoming part:of the City of Eagle. This request is no way provides either community clearly identifiable boundaries nor does it identify geogxaphiaboundaries as Idaho Code prescribes. Land Uaee• The land uses identified within the 2Q07 Eagle Ggrnprehensive~ Plan ate Flo'oiiway, Residential Two, and,. Transitional Residential. -All these desgnatidns are located within the River Plaizl Planning Area (Attachment~B. }. Chapter 6>3 of the Esgl© Corxaprehensi~e Plan dunes these Iand uses. as: F,laadway .(uproar. i 49 acres] Ftoodwayareas are defneil as specifically-shown an the newest edition of the Feder F.anergency 1Vlanagement Administration. maps' along the liaise Riser and Dry Creek (Generally shown on ttie Land, Usc~ Map which is a part of this Plan). 'These areas are to remain open space beeause of the na#ure .of the floodway~whch can pose. sigrrificanf hazards. during a flood event. Also; the ftoodway areas short not be considered as' a pact gf the minsmtun area ofopen space Tegvired .(as,r~quired within the zoning ordinance) unless deueloped .as doted within. this :paragraph. Floodway areas shall be excluileel. from beir~ used. for calculating perimitted residential deristties. Piny portion of the floodway developed as a: substaz-tially improved wildlife habitat area open to the public, or useable public open space, such. ~as a pathways;, ball fields; parks,. or similar amenities as may be approved. by the City Council, may be credited towazd the minimum open space required for a developmet-t. VV'hen discrepancies ,exist between the floodway boundary shovt+ti..on the Land Use Map ,and the floodway boundary, shown on the Federal. Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation shown. shall be.consdered to abut tt-e actual floodway boundary. Page 2 of;6 K;lPlenning D4A~1Mlu taRets1~0091Mrridliq CurttpP~,n';H oEP,bytlis tatuC-dot, Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 'Or t.• 75 x.4:0'7 9:.;~;0;~M 1°0:4975 P. 4. When new floodway'boundaries'ara approved by F2?MA and/or the City; the tloodway. area on the Comprehensive Plan: Land Use lvlap should. be revised to reflect any new floodway aine. ltesidentatTwo.(a~prax 396 acres} Suitable primarily :for single family resid'entiaf :development within areas that are rural in sliaractcr. Maximum density-qf up to 2 units per .1 acre.. Resdentiol Traasltfon ~Aprox. 100'acres) Residential deveIopiaent that provides for a transition of density: wI'ttiin the planning area wliilti keeping in context the density,. sca!in$ and.-lot sizes of existing ofproposed-uses: Commonly requires changes in lot dimensions and. scaling, see specific planning area text for a complete description. (River Rlain Plannlttg ilea idEntifaes~ 2,-3 units per acres) The,overall; den ity,for this area under the Eagle Comprehensivq Plan: is calculated at ] :6 uiiits;per acre (nearly half the density. of the 3 units per acre proposed by the Meridian compre-hensivE plats amendment application), Prather, under Chapter 6;~ of-the lragle Comprehensive Plan.the-densities are calculated as follows: ``D®velgpment density shall be' calculated by pxojsct, t7nused. density -for undeveloped or. underdeveloped :land adjacent to of within the saine.land use desgustion will not.be transferred, or usedto `°balance" qr'"ritaxirn'tie" densbcs: with in an area. Clustering will only tie allowed as specified in the "Parks, Recreation, and Open Spaces"chapter of the Comprehensive PIan." Uriless;all of ths,area is submitted as a single- development project/plat, densities would not be eligible for transfer benueen parce3s under the Lagte CompretezasivePhn, Commuttities in: Motaa: 1'he proposed comprehensive plan "atneiidsirent is an;expansign.ofthe "iesidential subdivision" land uses ctto an .area that was notproposed~ to be development tg t.}ris intensity under the Communities in Morton Plan. T1te intensification ofland .uses in this area will have direct impacts q~n the regional transportatlon.,systemadd most,specifically Hwy -20/26. Considering Meridian's recent concerns about Eagle's comprehens1ve planniog in areas that would further expand iesideittial uses in area not previously planned for it is important to emphasize that ivteridian:'s .approval of this epplicadon would be indirect conflict with the Cilvl Plan. Ehttu://~vvv~v communrtlesuunotipti orE*lDocntrients/datareports/chola~d B udfl 5chogls: Through the develgptinent gfth.e.Eagle Comprehensive Plan in 20U4,,this, area w, as. identif ed as a location for a ivture. elementary school. Though the appUcant references a discus§ion with Wendell Biglain, about "welcoming this area into Meridian'', the area was.already in the Meridian $chgol disOrtctas is all of Star and the majority of Lagle. Us-ng.M'eridian School District's studentgeaerationealculations, this: site developed eta :units per acre would yiel'ci, approximately 1;920 households generating,:43. elementary Page 3 of 6 ~K:1PIadntngDept~it~oLbttots~Z00T1Mceidron.GO?±ipPlen;ts, of PhyUis.eanel:dae Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 N4. Q.'9~5 P. ~ .students pet household, approxima"tely 825`studenits,-or an entire:elementary school without considertrtion;:of t$e properties located in ;the• "River Plain Planning.Area-that are :not part-of"this appiieatiott. lvlendiar-'s appro",va1 of:this application will t~esult in the. doubtng of;tbe anticipated school demands; fo:.this area, and further exacerbate school crowding in the district. T~asportattionLAccess: The~applicant states that one Hof the train reasons• for the request to be~incluiied in the City of Ivleridlan Comprehensive Plan is access to Basco Lane from the south to thin site. Tliqugh the City of Eagle agrees that Basco Lane Wray provide access o the sire the histotca[ and primary access,for the majority of the site.is along Duck Alley from Linder Road to: rile east of the :site, The City of Eagle through it's comprehensive p'lati and discussions with 1TD contlhues to "wgrk. with ITD to considar access spacing on the new State highway Ib river :crossing to provide "another access paint tq'the west, of this site, Dueao the. volatile ngture ofthe floodway it:s importarjt to. coizsider multiple :points ,of aGCeSS a t17IS 9reA. Desigdl0pen Spnoe: The City of Fagle has a mini~um~ open space requirement of ~0% fox reside~ntia! deyelopme>tts. Loss than 50% of the required open .space can be nasde up of #toodways,. There is rto mention of how open space will be adciies5ed ;on an indivTdua! development. application. '~'lte City. of Eagle would not allow for portions of the Spurwitig. Golf Course to serve as:open,spaee fr~r futuue developments~in this areas due to the "metribers otxly" access to thinfacility. Implementing. Ot-dinencea: T`he proposed comprehensive plain amendment.and subsequestt, development north of the Phyllis. Canalshould-.only move. forward "under the,higliest.staftdazelstor floodplairi management as :the irnpaets frnili. the removal of vegetation,: grading, construction and ~filting (stared"ard development :practices) sigtuflcantly-impact the physical and biological processes of the Boise River and has been detnanstrated by, the adverse imp:a~ts to the commuriiti"es aaj'acent tq fhe river, v!within the last few years. The- G~ty of MeriBian; to date, has made no progress in addressing Federal Emergency ivfanagement Agency {FF.MA) policy which encouragES participating communities do establishsound' floodplain menagetnett programs'that recognlre and encourage community flopdplain mang$erctept act'tvities.that exceed the mininiumlVatonal Flood Insurance Program (N1IP) iequirerrients. Contemporary floodpl,ain Ynanagetnent activities require an' overall cammuility pTO•gram of corrective and preventive measures for reducing future flood: damage; These measures. Fake a variety of forms and generally include zoning; subdivision, or building iecluirements, and special=purpose #loodplsin. ordinances. The City of Meridian. has adopted the basic-FEMA model'. ordinance, to participate. in trio NFIP with-minimal`revsions:. Unlike Meridian, the City of Eagle has, over the last decade, developed a floodpian management process that proiryotes the wise use. of .floodplains. in ordea to minimize flood risks,. reiuce losses from fi"oods protect public health aced safety, and improve the quality Pitge 4 of 6 K:wlanp~~ [)tplVllis~•L'ertaP&1~bo7LVib~d~sirGrnp Plea N; grPAyms"canai.iloc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 a~r,,~2:5, 2iyo7 g;O~OaiVi X140.09:75 ~. 6 of life ,fox the community. The:. City :of Eagle "has taken an active roll in floodplain ;management ae~vities. The City of Eagle, by adopting higher regulatory- standards; has deirionstrated that. approved developitiens,~long tfieBoise River have not adversel}! Impact6d the naitual environment or. created increased downstream impacts: T'he: City of F.~gle;,particpates in the. Coutmttnity, mating System (GRS,~; a FEMA endorsed program, which:pro~ides a 20;percent discount an flood insurance premiums in- the- Special Flood'. Hazard Area (SPI~iA). and a ten percent discount for insurance outside the SFHA.. The City of Eagle has a. Class b designation (only 8l) cAnununit-es in the United States hold this ;standing} and. has -held. this classification since April 'l, 20OQ. The City of Meridian, has no, 'standing in. thin program. The City of Eagle has ane of orxly six:(6} Certified Floodplain Managers in d'te State of Idaho: Floodplan.martagexs usually specalize.imone or.more aspects of floodpaain .management. The Certified Eloadplain Mastager (CFIVt} program prctrtotss a'level of expertise,iti the Nattcrzal FlOOd Insurance `Progtam (NFJP}, Certified Flaadplairi< lvlanagers have,a waricing knowledge offload studies and maps, ~Ni"'~ rules and xegulations, regtatory st~ttddai-3s, ordinance admnistralipn, k~pad~;nsutemce, ]tazara. mitgation;,and knpwledgeofnatural and beneficial floodplaiq.iitnGtiatls: In conclusion, the City of Eagle has great .concerns. over developmnnk. within, the Boise River _. floodway acid floodplain ~wntltin the City oflyleridianl without the codes, trained staf€or ex. patience in .reviewing and trtontoring developments: within these complex areas.. The' ;City of Eagle :recogtuzes the desires of the applicant to develop their property and I'tas: 'recognized that desire in [heEagle Comprehensive Flirn. Development of taus area should be. done rn a manner commensurate with the natural and irreplaceable values of the Land said hs reviewed; monitored, aril ,app"roved by trained ,professional under carefully crafted guidelit3es- thalt protect th® iiealth safety and welfare of the land' owner,. future residents, and the overall commutrity> The site in questions has been seed for years- as a unique area that lends itsetf both irr geographic location andphysic, al conditiian as part of'.the City of Eagle. The. densities descrrbed in the. Eagle. Comprehensivq I?let>, will have lessimpact than those described.. en tlti$ proposad~ ajplication and are reflective of the land's limitations: and the overall community values expressed. during. a 1 Q-month community-wide visioning, and plannrng.pocess'. The. Gtty~of,Eagle wishes to support Meridian in the development;:and advancement of the City Of-Meridian and has done:so through .meetings between the Gities~and Eagle's hearings to remove the area south of the Phyllis Canal. from our comprehensive plan.. But, the City of Eagle will npt move for-ward with the resolution enacting, fhis decision.urttil we have a firrri commitment from the City'.of Meridian that they will not .annex or expand their comprehensive plan any fuRher into. the Eagle ar~a~of city impact. The City of Eagle wants to support the City of.M4rldlan.in establishing their unique community Identity and design but objects to khis occurring at the expense of the City of Eag.te, our planning, or the overall health, safety :and, wei~'are of Ilia, cott>snunity along the Baise Ri"var. ,;Page S of 6 'K:1Plasdaling De~tliNFsc tzttcr~20071Moildlan CaF~-y ,Pi6o.N oCPDylli~ canil:doc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 oGt, z~.. zao~~ s..~~A No~: ~9~7~~5 P, ~! •Sincerely, Stevz GueYber Eagle Councwl president ~-°'~~- S~oti No str n Eagle City unail Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 D. Agency Comments 1. Ada County Highway District This application is for a comprehensive plan amendment only. Listed below are some of the site specific conditions of approval that the District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific development application. 1.1 SITE SPECIFIC CONDITIONS OF APPROVAL 1..1 Dedicate 48-feet ofright-of--way from the centerline of Linder Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 1..2 Construct a 5-foot detached concrete sidewalk a minimum of 41-feet from the centerline of Linder Road abutting the site. 1..3 Construct Duck Alley as a standard residential collector (36-foot street section) with vertical curb, gutter, and 5-foot concrete sidewalk within 50-feet ofright-of--way. Parking and front-on housing are prohibited on this roadway. 1..4 Construct one crossing of the Phyllis Canal. 1..5 Comply with all Standard Conditions of Approval. 1.2 STANDARD CONDITIONS OF APPROVAL 1.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 1.2.1 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 1.2.2 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 1.2.3 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 1.2.4 Comply with the District's Tree Planter Width Interim Policy. 1.2.5 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 1.2.6 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 1.2.7 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 1.2.8 Construction, use and property development shall be in conforrnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 1.2.9 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 1.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 1.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 1.2.12 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 4, 2007 E. Required Findings from the 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 amendments do not directly conflict 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 proposal to modify the Future Land Use Map and include this area in the City's Area of City Impact would provide a guide for future growth and development in this area of the City if the Council decides to approve this application. However, the Commission finds that the proposed text amendment does not help in facilitating future growth and development of the city at this point. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan and the Comprehensive Plan Land Use Map. The Commission finds that the proposed map amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. The Commission recognizes the existence of rural residential and agricultural properties in this area and believes that Low Density Residential and Public/Quasi-Public land use designations will allow this area to develop in a manor that will complement the existing uses and provide additional housing opportunities in this area of the City. Please reference Section 8, Analysis and Idaho State Code, Local Land Use Planning Act, for more detail. d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed map amendment is consistent with the Unified Development Code. No development approvals will be granted as part of this CPA application; all subsequent development applications shall comply with the UDC. e. The proposed amendment is in the best interest of the City of Meridian. The Commission believes that the proposed map amendment is in the best interest of the City; however, the proposed text amendment is not. The City Council should determine if they also believe the proposed map amendment is in the best interest of the City. Exhibit E