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HomeMy WebLinkAboutRiver Planning Area CPA RecsSTAFF REPORT Hearing Date: March 24, 2009 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: CPA-08-012 -River Planning Area (j~~E IDIAN- I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, City of Meridian Planning Department, has applied to amend the Comprehensive Plan Future Land Use Map (CPA) by adding 54.9 acres of property to the City of Meridian's Future Land Use Map (FLUM) of the Comprehensive Plan. The proposal includes designating the subject properties on Meridian's Future Land Use Map "Public/ Quasi Public" for floodway areas, and "Low Density Residential" (up to three dwelling units per acre) for areas outside of the floodway. II. SUMMARY RECOMMENDATION Staff recommends that the Commission and Council carefully consider the request to determine if approval of the proposed CPA is in the best interest of the City. Staff recommends approval of CPA-08-012 per the Analysis in Section 7 and the Findings listed in Exhibit C of this staff report with changes to the Comprehensive Plan Future Land Use Map as depicted in Exhibit A.2. NOTE.• The Commission is only allowed to recommend amendments to the Comprehensive Plan Future Land Use Map every six (6) months. The last amendment to the map recommended by the Commission was on 8/14/08, 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 Planning & Zoning Commission heard this item on February 19, 2009. At the public hearing they moved to recommend approval of the subject CPA request. a. Summary of Commission Public Hearing: i. In favor: City of Meridian Planning Department ii. In opposition: None iii. Commenting: Jerry Timmons iv. Written testimony: James Wylie v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CPA-08- 012 as presented in the staff report for the hearing date of March 24, 2009, with the following River Planning Area CPA-08-012 PAGE 1 comments: (Add any proposed comments.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number CPA-08- 012 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CPA-08-012 as presented during the hearing on March 24, 2009, for the following reasons: (State specific reasons for denial of the subject CPA application.) IV. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The subject property is located on the north and south sides of Duck Alley Lane, approximately 0.4 mile west of N. Linder Road in Sections 14 & 15, Township 4 North, Range 1 West b. Owners: The following is a list of the Parcel, Property Owner and Acreage of the lands subject to the application: 1.50414336410, Resource Renewal Institute, 18.58 acres; 2. SO414336500, Erin Troutner, 2.3 acres; 3. 50414346620, Scott Bishop, 7.54 acres; 4. SO414346650, Scott Bishop, 11.89 acres; 5. 50414347000, Duck Alley, LLC, 1.84 acres, 6. 50414438500, Gerald Timmons, 7.95 acres; and, 7. SO414427802, Gerald Timmons, 4.8 acres. c. Applicant/Representative: City of Meridian Planning Department 33 E. Broadway Avenue Meridian, Idaho 83642 d. Applicant's Statement/Justification: The requested amendment is one of three actions necessary to implement an area of city impact boundary adjustment between the cities of Meridian and Eagle. The actions necessary to effect the adjustment are approval of the revised area of city impact boundaries by Ada County and the future land use map amendments of both cities' comprehensive plans. The boundaries proposed in this application correspond to the previously and mutually agreed upon boundaries by city staffs. We believe that adding the subject area to the FLUM of the City of Meridian will give better guidance to managing future growth in this area. See applicant's narrative for additional information. V. PROCESS FACTS a. The subject application is for a Comprehensive Plan Map Amendment. A public hearing is required before the Commission and City Council on this matter, consistent with Idaho State Code and Unified Development Code, Title 11, Chapter 5. b. Newspaper notifications published on: February 2, and February 16, 2009 (Commission); March 2, and 16, 2009 (City Council) River Planning Area CPA-08-012 PAGE 2 c. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); February 27, 2009 (City Council) d. A public service announcement was broadcast faxed on January 30, 2009 regarding this application (Commssion); February 27, 2009 (City Council) VI. LAND USE a. Existing Land Use(s): Today, the subject area is sparsely developed with rural residences and agricultural uses in the River Planning Area of Eagle's Comprehensive Plan. b. Description of Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is rural residentiaUagricultural in nature and is zoned RUT in Ada County. c. History of Previous Actions: NA d. Utilities: 1. Public Works Location of sewer: This area is currently not within the City of Meridian sewer master plan. Location of water: This area is within the United Water service boundary. 2. Vegetation: NA 3. Flood plain: This property is within the floodway and floodplain. 4. Canals/Ditches Irrigation: NA 5. Hazards: NA VII. COMPREHENSIVE PLAN/ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: This property is currently designated in the River Planning Area of Eagle's Comprehensive Plan. Staff is proposing to designate the subject properties on Meridian's Future Land Use Map "Public/ Quasi Public", for floodway areas, and "Low Density Residential" (up to three dwelling units per acre), for areas outside of the floodway. The Low Density designation allows three or fewer dwelling units per acre. The Public/ Quasi Public designation is intended to apply to land located in the floodway of the Boise River with minimal development anticipated. NOTE: The City of Meridian has sent a letter to the City of Eagle that requests they too amend their comprehensive plan by removing the subject area. The purpose of the Low Density areas as defined on page 99 of the Comprehensive Plan is as follows, "to allow for the development of single-family 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 may be required for large subdivisions. Density bonuses may also be considered with the provision of public amenities such as opens space, pathways, or land dedicated for public services." The purpose of the Public/Quasi Public areas as defined on page 106 of the Comprehensive Plan is as follows, "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact..." The Applicant has not included a concept plan for this area. The requested action is a comprehensive plan map amendment only, thus, no development is proposed and impacts on existing infrastructure systems should not change as a direct consequence of this application. City services such as sewer River Planning Area CPA-08-012 PAGE 3 and water are preliminarily planned and designed for the area with sufficient capacity to serve future development. Other services such as Fire and Police will be planned for and provided in the future through the City of Meridian. When future development is contemplated, a thorough analysis of the impacts and services will be conducted by staff. Staff believes a distinct public benefit will accrue through the approval of the Map amendment and the adjusted area of city impact boundaries. Approval of the amendment will eliminate an area of impact and planning area overlap, establish certainty for property owner regarding the potential future use of their property and provide certainty for each city in planning and providing future services. Because the Boise River is on the north and east sides of the subject property, and the City of Meridian has designated future land uses to the south and west, it seems practical to add this area to Meridian's planning area. This will allow the Boise River to serve as the future boundary between Eagle and Meridian in this area and keep costs of providing future services in check (service lines from Eagle will not have to go under the Boise River to serve these parcels -Meridian can serve this area more efficiently). 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 this 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 IV, Objective C, Action 1 (page 113) -Protect existing residential properties from incompatible land use development on adjacent parcels. The proposed map amendment designates the majority of the property for low-density residential uses and open space, which Staff believes is compatible with adjacent rural residential properties. Staff believes that the proposed future land apse designations are compatible with existing and planned uses in this area. • 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. Currently, the subject property is not contiguous to the Ciry and urban services can not be reasonably provided. However, in the future should the City Council determine that approval of this application is in the best interest of the City, services are planned to be available. The subject CPA application does not include a development application. If the CPA application is approved, development of this property is anticipated to happen when each individual property owner decides and is eligible to request annexation. • 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. A large portion of this area is in the floodway, therefore the request is to designate it for preservation a~s public/quasi- public (open space). All properties within the area that FEMA designates as being within the floodway along the Boise River should be preserved. This area is anticipated to contain walking/bicycle paths, public park(s), public access to the river, ponds, picnic areas, etc. City staff will be coordinating the extension of the pathway system with adjacent jurisdictions to make sure that it is contiguous and there is not a gap in the system in this area in the future. River Planning Area CPA-08-012 PAGE 4 • 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. A large portion of this site is being designated for common area/open space along with low- densiry residential uses. These future land uses should provide a good transition from rural to urban uses further to the south. 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 area. The proposed Low Density Residential and Public/Quasi-Public designations will assist in providing a transition between the existing rural residential and agricultural uses and urban level residential densities further to the south. Landscaping, waterways, walking/biking paths, and parks will all be developed as required by City code in the future. b. Population 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 sines, lifestyles, and income levels. The proposed plan recommends low density residential uses within this area with an average density of up to 3 units per acre. If Commission and Council choose to approve the CPA, staff believes it will increase the type of housing opportunities to residents of Meridian. 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 afarming-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 CPA as it does not contain any commercial designations. e. Public Services, Facilities, and Utilities Currently the Public Works Department is in the process of reviewing the capability of serving the proposed area. At this time the City has an agreement with United Water to serve the River Planning Area CPA-08-012 PAGE 5 proposed area with domestic water service. Currently no City sewer mains are planed to serve this area The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. This area is in the Meridian School District (Joint School District #2) The proposed plan does not include a school facility. Staff does not believe that this is a good location for a school; transportation should be made available to any students in the future. f. 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, and Basco Lane which connects to Chinden through the Tree Farm development. These roads will be development driven and will be presented to the cities with the Annexation application(s) in the future. g. Natural Resources 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. Future development of this area will have to be closely monitored so it does not pollute or degrade the natural environment. h. 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 proposed designations account for this natural feature. Staff anticipates at least a portion of this area to be used for parks, pathways, river bank greenbelts, playgrounds, sports complex's, etc. and other amenities in the future (for further detail see the discussion of recreation below). i. 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; no development should be allowed in the floodway. The floodplain area is proposed to be designated for future low-density uses and will need to follow the rules and regulations as directed by FEMA and the floodplain development provisions of the City. j. 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 may add to the recreation opportunities already available in the city. The floodway area could be used for public parks, walking paths, river bank greenbelts, playgrounds, sports complexes, etc. k. 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, River Planning Area CPA-08-012 PAGE 6 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. Staff is supportive of the proposed future land use designations. 1. 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. m. 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. A neighborhood meeting was held on October 9t". At that time, there was support for adding this area to Meridian's Map and removing this area from Eagle's Map, as well as consensus for the change from the majority of the affected property owners present. VIII. UNIFIED DEVELOPMENT CODE No amendments to the Unified Development Code are being proposed with the subject CPA application. The proposed CPA application does not conflict with the Unified Development Code. IX. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Future Land Use Maps (Existing and Future) B. Agency and Department Comments C. Required Findings from the Unified Development Code River Planning Area CPA-08-012 PAGE 7 A. Drawings 1. Vicinity/Zoning Map ~I i ',r,? RUT Floodway Floodplain ~.~ _ ,w&.»_. '- ~ _,t- ., ~~ t-D~1 ~ R6 -- +~ rl ,~lF ~~ R6 ~', Exhibit A - 1 - 2. Future Land Use Map (Existing & Proposed) PS Exhibit A - 2 - ErG~- ~Y 3 ~3 z ' MU-DA ~ W SLY lOX T R1 i #~ ~t ~ ~ / -..~ t f O i ,T i ter'" ~ ~..,. i s /~ ~ '~ ~ ,~~ ~.~~, - _ PROPOSED '" , -: ` e, ~~ ~~ - - _ ~ _ _- ~: ~~ ~ ~ • ~~ , • • s ~„ a • ~ ° _ ,,,. r. r ~-- m ~ '.# ~ - .~, ; s k" `~ ~ ~~~~ ~,.~~ ~~,,: , ~~ _, , . SITE r~ -. ~. ,._ ,. ,l~ ,. _ , ,~ ~ -- ~ ~ ~~ a `'R ~ i ... ; `# ~' { ,~ ", ~::~, :. ,r.h~iTa '~ ;~ City of Meridian ~ -, ~ ~ ~~~ ~ _ _, Future Land Use Map ~ ~ ~ ~ ~ ~ ~ ~ "~'~'~• `' _ ~ _ a ~ ~ ~ ~^'' ~ j C..L...... 1 ......1 11...... 4 ~ I ~:1 ~_ Exhibit B - 1 - B. Agency and Department Comments On January 29, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Police Department, and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. FIRE DEPARTMENT 1.1 As the area develops and municipal water supply is provided the following would be the required fire flow. One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 1.2 As the area develops we need to increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than '/z the diagonal measurement of the full development. We would require that the area be connected on the Southwest corner of the identified area back future development on the bench. 1.3 Provide a river access plan to the Fire Department for approval. 2. PUBLIC WORKS DEPARTMENT 2.1 No public utilities are currently planned to provide service to this location at this time. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. PARKS DEPARTMENT 4.1 The Parks Department has no concerns related to this application. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 ACHD did not submit comments on this application. Exhibit B - 2 - C. 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 change to the Future Land Use Map (FLUM) is consistent with other elements of the Comprehensive Plan. See Section 7 above for more details. b. The proposed amendment provides an improved guide to future growth and development of the city. The boundaries proposed in this application correspond to the previously and mutually agreed upon boundaries by city staffs. We believe that adding the subject area to the FLUM of the City of Meridian will give better guidance to managing future growth in this area. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section 7 for detailed analysis). The Commission believes sufficient provisions have been made to accommodate future residential development in this area. d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is generally consistent with the Unified Development Code. Staff will ensure full compliance with the UDC and other city design and development criteria, as development is proposed. e. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds that the proposed future land uses on this site will be compatible with surrounding (existing and future) uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The proposed map amendment does sufficiently mitigate the impact of future uses on the existing and future uses that surround the site. A large portion of this site is designated for future green/open space and should not negatively impact this area. h. The proposed amendment is in the best interest of the City of Meridian. The Commission finds that the proposed amendment is in the best interest of the City. Exhibit C