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HomeMy WebLinkAboutNovmber 1, 2007 P&Z MinutesMeridian Planning & Zoning November 1, 2007 Page 42 of 98 O'Brien: Appreciate that. Thanks. Rohm: At this time I think it's appropriate to get a motion to continue this to the end of the regularly scheduled Planning and Zoning meeting. Moe: So moved. O'Brien: Second. Rohm: It's been moved and seconded to continue Item CPA 07-002 and CPA 07-009 to the end of our regularly scheduled Planning and Zoning meeting for further action. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 7: Public Hearing: CPA 07-010 Request to amend the Comprehensive Plan Future Land Use Map for the north Meridian area to include 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately '/ mile west of Black Cat for North Phyllis Canal Project by Sherrie Ewing: Item 8: Public Hearing: CPA 07-015 Request for a Comprehensive Plan Text Amendment to create a new land use designation that would include open area, low-density, residential, medium low-density residential and medium-density residential uses with an anticipated average of density of 3 dwelling units per acre for North Phyllis Canal Project by Sherrie Ewing: Rohm: And, really, thank you all for coming in and I'm -- this is an arduous task at best. So, at this time I'd like to open the public hearings on CPA 07-010 and CPA 07-015 and begin with the staff report. Wafters: Thank you, Mr. Chairman, Members of the Commission. The applications before you are a request for a Comprehensive Plan map and text amendment for the Phyllis Canal project. The property consists of 645 acres and is currently zoned RUT, rural urban transition, Ada County. The vicinity map here shows that the property is generally located north of the Phyllis Canal and south of the Boise River and extends from Linder Road to approximately a quarter mile west of Black Cat Road. This is an aerial view of the property. This property is largely surrounded by rural residential and agricultural properties, zoned RUT in Ada County. To the south up on the rim is Spur Wing Subdivision, zoned R-4 and R-8 and the approved, but not yet constructed Jayker Subdivision, zoned R -- or, excuse me, zoned R-2 and R-8. The subject property consists of rural residential, agricultural properties, and golf course property. This is a map showing the FEMA flood plain. A large portion of the property, approximately 149 acres, is located within the floodway of the Boise River in flood zone AE. That's the darkest area you can see here along the north and along the eastern boundaries there. Meridian Planning & Zoning November 1, 2007 Page 43 of 98 The central portion of the property, the lighter blue color, is also within the AE flood zone, but is not in the floodway. In the southern portion along the Phyllis Canal is in flood zone X5, but is not in the floodway. This property is currently located within Eagle's area of city impact. The city of Eagle's mayor and city council members submitted a letter to the city, which is included in the staff report as Exhibit C, requesting that the city deny this application. They believe that the property should remain in Ada County until annexed and developed in the city of Eagle. This property is currently designated on the city of Eagle's future land use map as shown here on the overhead. As floodway, the blue area. Residential two. And transitional residential. These designations are located within the river plain planning area. The overall density for this area under the Eagle comp plan is calculated at 1.6 dwelling units per acre. The applicant is requesting to amend the future land use map for the north Meridian area with a new future land use designation called river residential, in order to include the subject property within the area of city impact. The concept plan was submitted with this application as shown on the overhead here that shows the applicant's vision for this area. However, an annexation and/or development project is not proposed at this time. The river residential designation is proposed to consist of common area open space, low density -- the common area is the darkest green area here. Low density, the lighter green. Medium low density. And medium density residential uses, with an anticipated average density of three dwelling units per acre. Open space areas are proposed to -- well, they consist of 265 acres and could include walking and bicycle paths, public parks, public access to the Boise River, sports complex, picnic areas, et cetera. This area would primarily be located along the river and be within the floodway. Low density residential areas consist of 293 acres and are proposed to contain maximum of two homes per acre. These homes could be clustered and could include ponds and open space. This area would meet the city's R-2 zoning standards. Medium low density residential areas consist of 48 acres and are proposed to contain a maximum of four homes per acre. These homes would primarily be located north of the Phyllis Canal and would transition into the low density residential homes. Again, these homes may be arranged in clusters and ponds would also be visible. This area would meet the city's R-4 zoning standards. Medium density residential areas consist of 39 acres and are proposed to contain a maximum of eight homes per acre and may consist of townhomes located along the golf course, depending on the market at the time of development. This area would also -- would meet the city's R-8 zoning standards. The applicant is also requesting to amend the text of the Comprehensive Plan to include the afore-mentioned land uses. This is a map showing the current future land use map for Meridian. It designates the land that abuts the subject property at the south boundary for low density residential uses. Access to this area can be provided from the east from 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.. Staff believes that the subject area could be serviced by the city and all associated service providers, schools, parks, police, fire, et cetera. However, because this area is currently within Eagle's area of city impact on the Comprehensive Plan, the primary issue to consider is whether the city should assign future land use designations and plan to provide services to land that is currently within another municipality's area of city impact, especially when they are not in agreement Meridian Planning 8 Zoning November 1, 2007 Page 44 of 98 with the applicant's request to be removed from Eagle's planning area. The Commission should carefully weigh all factors involved in this request to determine if it is in the best interest of the City of Meridian to amend the Comp Plan to include this area and proposed open space and residential land use designations 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 area of city impact for future expansion of the city, they should consider staffs comments as follows: Staff has included the applicant's request and supports the land use concepts proposed for the subject area. 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 Comp 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. Because the city's Unified Development Code 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 in the floodway, which should be designated for public/quasi-public uses as shown. This is the proposed -- staffs proposed future land use map with those changes noted. 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 three dwelling units per acre or less. This would be consistent with the applicant's request. Additionally, requests for one step up on density may be requested without a Comprehensive Plan amendment to achieve higher densities in certain areas. For example, a step up to medium density would allow densities of three to eight dwelling units per acre. If the Commission and Council approve the applicant's request to be added to the future land use map, with staffs recommendation of a designation of low density residential and public/quasi-public for this area. A text amendment would not be necessary, as fihe current text already includes these designations and, therefore, should be denied. The staff recognizes the careful thought and consideration that the applicant has put into the proposed text amendment at the advice of staff. However, after evaluating the applicant's request and proposed future uses for this area, staffs determined that it make more sense to simply use existing land use designations to achieve the results envisioned by the applicant. Further, staff 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. Staff has met with the applicant prior to the hearing tonight to discuss the changes suggested by staff and the applicant seemed to be in agreement with staffs recommendation. That's all staff has, unless the Commission has questions. Rohm: I don't have any. Any questions of staff? Moe: I have none. Rohm: Would the applicant -- Meridian Planning & Zoning November 1, 2007 Page 45 of 98 Canning: Chairman Rohm, may I also add some staff comments? These -- these aren't related to items you normally hear or see in your staff reports. What I would like to take a brief moment to talk about is some of the state enabling legislation regarding comprehensive plan amendments and it's to address this -- this overlap with the city of Eagle issue. You might have noticed Sonya did not -- or Ms. Allen did not -- Mrs. Wafters did not give you a recommendation from staff and it has been very difficult for staff to give a recommendation on this, because of the -- the overlap nature with this property being in the existing Eagle comprehensive plan and I feel that that's a commitment that the Commission and Council could make, but that the staff should not make a strong recommendation on and that's why you don't have one before you tonight. But there is some other information I wanted to provide you and what the state says with regard to this issue when there is an overlap, what it says is that -- . Let me back up a little bit more. Sorry. Once it leaves you all, your recommendation for a Comprehensive Plan amendment -- we take it up to Council and Council acts on that and makes any changes they feel appropriate and, then, we adopt it into our Comprehensive Plan and, then, staff bundles that information up and we take it to Ada County and we say, Ada County, we would like you to expand our area of city impact to include this new area that we have in our Comprehensive Plan and Ada County looks at it and they take it to their Planning Commission. There is a joint hearing. They take it to their planning commission and, then, they take it to their county commissioners and the county commissioners act on it. And they adopt our Comprehensive Plan as their own within the area of city impact. A number of years ago there was an overlap between the city of Eagle and the city of Star and Ada County approved those overlaps and, then, they did what the state recommends to resolve those overlaps. They weren't happy with that process and the way it turned out, so they are unwilling to accommodate overlaps at this time. They just aren't considering area of city impact amendments that have an overlap until the cities negotiate that. But what is interesting is that if you look at what the state code says with regard to overlaps, it says, one, the county should approve the two overlap areas. They shouldn't just hold off on the decision. Their job is to -- to acknowledge that area of city impact and approve what would be the City of Meridian's request in this chart and create the overlap. Once there is an overlap, the county's job is to try and bring the two cities together and come up with a solution that they can both agree to. In the event they can't come up with a solution, there is supposed to be an election, so that the affected people in the overlap can vote. And what's really interesting about this project is you have an interested group of landowners that -- that comprise several -- several families that have all gotten together and have all gone to Eagle and said we don't want to be in Eagle, we want to be in Meridian and Eagle said no. And so they have all come to us and said they have voted with their pocket book and they have come and they have said we are going to -- we -- we are serious about wanting to be in Meridian. We want to be here, we are going to request this Comprehensive Plan amendment, we are going to request this text amendment, this is where they want to be. So, if you think about the whole process and where it ends up when there is a disagreement, it ends up in a vote and I think that what these folks have demonstrated is what the vote would be. There is a hundred percent concurrency in these affected property owners, they want to be in the City of Meridian. They have all come together to provide this and they worked hard with their neighbors Meridian Planning & Zoning November 1, 2007 Page 46 of 98 to get a unified group, rather than just coming in with individual properties. So, these -- it's an interesting issue you have before you tonight and I wanted to give you a little bit of that history on what the state code says about these comprehensive plans overlapping once it leaves you. And I also wanted to share a little bit on -- I've had the great fortune of sitting in as an ad hoc member on a bipartisan land use and annexation committee for the legislature the past few months and these are the kinds of issues that they have been largely concerned with, you know, the annexation without consent, the ability to determine what's appropriate for your land and your land uses, your rights as a citizen and they have been very concerned about the fairness of things and we have heard a lot of testimony about the fairness that the taxing, the fairness of the whole process, and I think that that's something to think about in this issue as well. The fairness of the request and how they have been met by the city of Eagle. So, having said that, I think that the applicant can give you more information. But these were not -- they are not really city of Meridian issues per se. This is the state code behind what you do and some of the feelings of the legislature's moving into this new legislative season. Thank you. Rohm: Thank you. It may be inappropriate, but at this time I'm going to say I would welcome you. I think you're a great group of people and you lend a great deal of support to the City of Meridian for a good number of years and I'm ready to take testimony, so, please, come forward.. Ewing: Commissioners, I'm Sherrie Ewing and I reside at 2934 East Lake Hazel Road and I am actually representing 645 acres down on the river bottom. First of all, Iwas -- as anovice to this whole process, I would like to commend staff for holding my hand and helping me through this awesome process. They at first asked me to do the text amendment and I did that and., then, they changed their mind and wanted to do the other and I'm okay with that. The new text, the way that they have proposed it now, is -- actually, turns out exactly the same as the way that they had me do it the first time, so it doesn't matter to me which way they go on that. I do want to say that we actually -- in May of '05 we actually testified that we wanted to be part of Meridian and that was prior to Eagle getting us into that -- into their comprehensive plan, so -- and we testified not only at Eagle when they were talking about their comprehensive plan, but we also went to Ada County when Ada County approved them into their comprehensive plan, so -- or approved us into their comprehensive plan. So, we have told everybody and their dog that we did not want to be in Eagle and we wanted to be in Meridian and -- and so now here we are trying to do that. One of the main reasons -- we11, not one of the main reasons, but one of the reasons we want to be in Meridian is we are contiguous with Meridian right now and so we have got sewer services right next door to us and Eagle's sewer services are at Linder and State Street and the difference in cost is a fourth. The sewer for Eagle was going to cost two thousand -- or two million seven hundred and thirty-three thousand dollars and to Meridian it's over -- just a little over five thousand dollars -- five hundred thousand dollars. There we go. And so you will have seen the letter that Eagle sent to the Commission stating that they did not want us in Meridian. Well, they indicated in that letter that they have sewer services within four thousand feet of this area. Well, that was a typo and I sent a letter to indicate that and the reason that Meridian Planning & Zoning November 1, 2007 Page 47 of 98 I know it's a typo is I actually went to the Eagle sewer district and talked to them regarding how they would get sewer to us and the cost and the distance and everything. They have no plans to get to that area. We are too remote out there. And so they have actually sent me slides that show how far it is for us to -- for them to get sewer to us and it's, actually -- instead of 4,000 square -- or 4,000 linear feet, it`s 14,900 linear feet to get sewer to us. So, their numbers aren't right in their letter and I just wanted to make a note of that. And the City of Meridian does have planned capacity for us. So, we are ready to go if you guys would let us. Ada County development services said that the most common approach for us to -- would be to be in Meridian, rather than Eagle, and if we couldn't get into Meridian to have a planned community down there. So, that's, I guess, another option for us. Our vision -- our vision is we would like to see this area developed into a showplace for the City of Meridian. As you know, we already have the Spur Wing golf course. We would like floodways -- it's a perfect place for a park and walkways and public sports fields, et cetera. Ponds. And it would be a showplace for Meridian. This is probably the only place that Meridian will ever have river property, so we are hoping that you will let us in for that. And I've got lots of other things to say, but I know you have got a long agenda tonight, so if you have any questions. Moe: Mr. Chairman? Rohm: Commissioner Moe. Moe: I guess the only one that I would definitely want to know is you are in agreement that the lift stations that would be required, you guys have no problems for that for the sewer? Ewing: Yes, sir. Moe: Okay. Rohm: Any other questions for this application? Seriously, I think that you have done a wonderful job working with the city and it's very much appreciated. Thank you. Ewing: Thank you. Rohm: Because each of you have signed up, I will call and if you choose to speak, you're certainly welcome to come up one at a time. John Ewing. He -- from the audience he said that he has nothing to say at this time. Thank you. Peggy Everest. From the audience she said she agrees with previous testimony. Jon Yorgason. Yorgason: Mr. Commissioner and Members of the Commission, I thank you for your time to speak tonight. I'll keep my comments brief. Rohm: Could give your name and address for the record? Meridian Planning 8 Zoning November 1, 2007 Page 48 of 98 Yorgason: Yes. My name is John Yorgason. I live at 6078 North Stafford in Boise. I do own property, actually, though, right next to the subject property to the south at 7385 Linder. Partners with a couple other gentlemen, one of which is here in the audience. We, actually, have no concerns, but we wanted to speak in favor of this. We like to see what's going on here and I am a home builder, I have built lots of homes in the City of Meridian. In fact, I have kind of gone exclusively to the City of Meridian the last several years, because of its ease to work with the city and the building department. The location of which I live, I'm a little bit familiar with this issue of these overlaps. I live in Bristol Heights Phase No. 21, which approximately four years ago used to be in the City of Meridian's impact area and as a result of the sewer issue, where the sewer was provided by Boise through the subdivision Bristol Heights, this extra phase could not be serviced by Meridian at the time and it was changed over to the city of Boise. I'm familiar with that, because my father was the developer and, like I said, I do live there also.. We would love to see the same thing. In fact, the property that we live in, which is just right on the corner there of Linder, just immediately south of the property, south of the Phyllis Canal, we would like to be considered as being included in this Comprehensive Plan and pretty much the same designation of low residential zone area and we'd hope that we would be considered for that. I stand for questions. Rohm: Could you use the pointer and show me exactly where your property is? Yorgason: Yes. We have this piece right here. It's approximately 11 acres. Rohm: Is any of that adjacent -- currently annexed into the city of Eagle? Yorgason: I'm not aware that it is annexed. My understanding is that the annexation stops down below the Phyllis Canal. And so -- one of the reasons I guess we do ask for it is similar situation with the sewer. We have talked with the Eagle sewer and he's told us that they are not going to bring sewer across the rivers and we think that if Eagle can't provide sewer, then, it's kind of difficult to leave land as just a no man's land with no opportunities. Rohm: Thank you. Any questions of this -- .O'Brien: Oh, just one question, Mr. Chairman. Have you talked with any other homeowners in that area surrounding your property west of Linder? Yorgason: ! am personally familiar with some homeowners that live there. Igo to church with some of them. I wish I could actually testify on exactly their stance of what they want to do and I can't tell you for sure, other than I know that they would like to see along Linder -- actually at Linder and Chinden they are concerned about traffic, but I think those areas are being addressed by ITD. O'Brien: So, none of them have suggested that they wanted to be annexed or -- into Meridian? Meridian Planning & Zoning November 1, 2007 Page 49 of 98 Yorgason: They haven't said either way. O'Brien: Okay. Yorgason: Hasn't necessarily come up in that regard O'Brien: I was just curious about it. Thank you. Moe: I have a number of questions of the -- here. Mr. Chairman, I don't have a question for him, but I do have a question of staff. I am curious when this application came before us in '05 I thought there were comments at one time that there were landowners along the Linder Road area that were not in favor of annexation into Meridian. Do we know how far that went to the north or whatever? Canning: Chairman Rohm, Members of the Commission, or Commissioner Rohm -- Moe -- the -- I'll never get you two straightened out over there. Moe: I'll answer to anything. Canning: What I remember the discussion being -- if I can get this to work. The properties that I recall not being in favor of that -- were the ones that were actually in the subdivisions and I believe that's these areas here. I'm not clear on these properties, but think it was this -- this subdivision, these more regular lots, kind of, that bound the current designation and perhaps the individual giving testimony knows as well. There we go. Moe: Thank you. Rohm: John, do you have a feel for that question, the parcel to your -- I guess it would be your west and south as -- have you talked with any of them about their feelings or -- Yorgason: Mr. Commissioner and Members of the Commission, as I mentioned before, I haven't talked to them specifically about annexation, so I -- I would like to make a comment and I would hope that they would be favor of it, but I can't state for sure what their beliefs are. Rohm: Well, quite honestly, I don't know that it makes a lot of difference. If you're interested in being part of the City of Meridian, I Think -- just personally I think we should do what we can to help you out there. Yorgason: Thank you. Rohm: Ramon Ornano or -- . Tim Gibson. From the audience I believe both of those individuals have left. Is there anyone else that would like to provide testimony on this application? Seeing none, any final comments from the Commission before we move forward? Commissioner O'Brien, do you have any thoughts on this? Meridian Planning & Zoning November 1, 2007 Page 50 of 98 O'Brien: My first impression is I think it's pretty good use of land, especially with the open spaces as much as they -- 265 acres is a lot of open space and the use for them -- the designated use for them is really good. Of course I'm concerned about the flood plains, et cetera. I'm sure they adjust that and I think that's a -- it's a great addition to the City of Meridian. I'm all for it. Rohm: Commissioner Siddoway. Siddoway: I'm struggling and I'm probably going to end up being the lone -- Moe: Dissenter. Siddoway: -- dissenter, but I need to -- I think it's a fantastic property and I would love to see., you know, the City of Meridian have some river front property and it's -- I see and totally agree with the fact that that property would be an asset to the City of Meridian if it were not in someone else's area of impact. I was at the meeting -- still staff at that time, but the meeting of the two city councils where the north Meridian area plan was discussed that the city of Eagle references in their letter and there were discussions at that time that Eagle would not oppose Meridian moving north of Chinden into the area of impact up to the Phyllis Canal, as long as we didn't go north of the Phyllis Canal. And that discussion is fresh enough in my mind that I feel an obligation to it. I think that moving into their area of impact against their will is something that will put us at odds, in an adversarial relationship with the city. I don't know that -- I think that if another city, whether it was Eagle or Kuna or Nampa or Boise, if they were proposing to overlap our existing area of impact that we have today, that we would -- I don't -- I wouldn't be very happy with that and so with that -- that one issue to me trumps the benefits of bringing it in, because I -- I do think it's a fantastic property and if it were just in Ada County and not in an existing area of impact, I would have no problem annexing it to -- or I guess we are not annexing -- adding a Comp Plan amendment to -- to make it part of our Comprehensive Plan. But, again, with that discussion with the city of Eagle and -- my feeling is that I need to honor that, so that's where I'm at. Rohm: Thank you. Commissioner Moe. Moe: Boy, am I glad I wasn't at that meeting. Well, I tell you, this -- this application came before us a year ago and at that time Iwas -- I was pretty excited about it then. Quite frankly, I -- I'm looking forward to this. This is -- I think they have done a great job in how you have planned it. As far as I'm concerned -- and I'm not trying to be competitive, but along with the other gentleman's property, I'd say if they want to be in Meridian I want them in Meridian and I think that because of the fact that that property has been designated by mail and everything else as in the City of Meridian for forever, I'd like to know why the city of Eagle seems to think they can have it, in my opinion. So, therefore, I would definitely support this, along with city staff recommendation of denial of the other, so, therefore, that's what I would be supportive of. It's a great project. Great area. I love it. And you were right, you are the only one. Meridian Planning & Zoning November 1, 2007 Page 51 of 98 Siddoway: That's okay. Rohm: We haven't closed the Public Hearing. Did you want to speak? You need to come up to the microphone. Colson: My name is Ryan Colson. I am a resident of Meridian. My address is 551 East Red Rock, Meridian, Idaho. 83646. I am also a partner in that piece of property that John was up here talking about and I was at the meeting that Mr. Steve was at -- Commissioner Steve, and they were talking about the boundaries, but I know that Mosier was there and after speaking to him afterwards, he had discussed that they were not sure on how they were going to serve their sewer going underneath both -- those rivers there and to me if they are not sure they are going to be able to service that piece of property, but yet you can't have -- in my opinion you shouldn't be able to have both -- have the property, but yet still not be able to sewer it. So, in my opinion -- and not putting words in Mosier's mouth or anything, but he thinks that it could be a better -- being served -- like our property, our piece, he feels that our piece, being up on the hill, would be better off being served by Meridian and thus it would -- like she says, the cheaper cost of not going underneath the rivers, would -- would be beneficial to everybody that could be passed onto the future homeowners of those -- of the properties. That's about all I have. Any questions? Rohm: Thank you, sir. Colson: Thank you. Canning: Chairman Rohm, could I make one quick comment? I have -- with regard to the south Meridian area plan, we had talked about this -- this drawing of planning map boundaries and this overlap area should -- should be an interesting line that gets drawn and Imean -- I fihink that there would be a lot of discussion when it goes on with that and also mentioned previously that the meeting on the 8th of November got canceled., but we do anticipate a meeting in November. So, if the Commission is leaning toward continuing these until toward the end of November, we may have something with regard to that planning exercise. I can't promise anything, but we may have something at that time. I don't know. Not that it -- I think it's going to influence your decision, it just might be an interesting piece of information for you at that point. Rohm: Yes. Please come forward. I want to speak so bad I can't stand it. T.Ewing: Tuck Ewing. I reside at 7200 Basco Lane. I actually live right up the hill from this subject property. And I just wanted to make a few comments regarding some of the concerns that Commissioner Siddoway had. I guess the biggest concern that it sounds like that -- that you have is overlapping into the city of Eagle's area of impact already. guess that my only comment to that is the city of Eagle was well aware that we didn't want to be a part of their area of impact before they did draw that line and had that agreement, which was made with the City of Meridian and I wasn't privy to that Meridian Planning & Zoning November 1, 2007 Page 52 of 98 agreement or that meeting when that was said, so I don't know if that was a closed door meeting or how that agreement was made at that time. But I guess I just wanted to reiterate the fact that -- that I think this would be a great addition to the City of Meridian and by giving it the approval -- I mean going through the process, at least we have got the opportunity to go to a vote if that's the way it happens and, as staff indicated., 1 think that we can all see which direction that would go. So, by pushing this forward at least you give us the opportunity for the landowners to speak and so I just wanted to make that point clear. If it's denied, obviously, the landowners don't get what they desire to do and we have no options. So, I just wanted to reiterate that point and thank you guys for your consideration. Rohm: Thank you very much. Any questions? My turn. I think we made a mistake in 2005 or whenever it was considered originally and I think it should have been part of the area of impact even back then and I'm proud to be part of this Commission where it's now before us and I'm in full support of this being part of our area of impact and I also think that the city of Eagle was not responsive to the owner of record's desires at the time that they included it in their area of impact and should not have done so. That's my opinion. So, that's where I'm at on this. Thank you. Any last discussion before we continue this to the end of the meeting? At this time I'd like to propose there be a motion to continue CPA 07-010 and CPA 07-015 to the end of the regularly scheduled meeting for further deliberations. O'Brien: So moved.. Moe: So moved. Siddoway: Second.. Rohm: It's been moved and seconded to continue item CPA 07-010 and CPA 07-015 to the end of the meeting for further action. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRfED: FOUR AYES. ONE ABSENT. Item 9: Public Hearing: CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): Item 10: Public Hearing: RZ 07-013 Request for a Rezone of 1.76 acres from L- O to C-N zone for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -NWC of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision):