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PZ Recs/Staff ReportSTAFF REPORT HEARING DATE: February 21, 2012 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: CPAM-11-003 -Gibson I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN~-- IDAHO The applicant, Sable, LLC, has applied for an amendment to the Meridian Comprehensive Plan (CPAM) to remove a 2.675 acre parcel of land from the future land use map (FLUM) and the Area of City Impact (AOCI). This parcel was recently included in the City of Boise Comprehensive Plan FLUM and will subsequently be included in the AOCI after the necessary approvals by the City of Meridian and Ada County. The subject property is located south of E. Fairview Avenue, approximately''/a mile west of Cloverdale Road and abuts the east boundary of Meridian's Area of City Impact (AOCn. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM based on the Findings of Fact and Conclusions of Law in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard this item on January 19.2012. At the public hearing, the Commission moved to recommend approval of the subiect CPAM request. a. Summary of Commission Public Hearing: i. In favor: Peter Oliver. Applicant's Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Peter Oliver (response in agreement with the staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Kev 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 CPAM-11-003 as presented in the staff report for the hearing date of February 21, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CPAM-11-003, as presented during the hearing on February 21, 2012, for the following reasons: (You should state specific reasons for denial.) PAGE1 Continuance I move to continue File Number CPAM-11-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) N. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located south of E. Fairview Avenue, approximately '/amile west of Cloverdale Road, in the NE '/a ol8ection 9, Township 3 North, Range 1 East; Parcel No. S1109120800. B. Applicant: Tim Gibson, Sable LLC 2074 W. Ribier Drive Meridian, ID 83642 C. Owner: Same as applicant D. Representative: Peter Oliver, Thornton Oliver Keller 250 S. 5`" Street 2°a floor Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 2 and 16, 2012 (Commission); January 30, and February 13, 2012 (City Council) C. Radius notices mailed to properties within 300 feet on: December 22, 2011 (Commission); January 27, 2012 (City Council) D. Applicant posted notice on site by: January 6, 2012 (Commission); February 3, 2012 (City Council) VI. LAND USE A. Existing Land Use(s): The subject property consists of agricultural land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area consists of agricultural land and single-family residential properties as follows: North: Agricultural land, zoned RUT in Ada County South: Single-family residential properties in Macaile Meadows Subdivision, zoned R-8 East: Agricultural land, zoned RUT in Ada County West: Agricultural land, zoned RUT in Ada County C. History of Previous Actions: An amendment to the Comprehensive Plan FLUM was recently approved through the City of Boise on the adjoining property to the east to change the future land designation to high density residential. Because the subject property is contiguous and is under the same ownership, the property owner also requested an amendment to the AOCI to include the subject parcel in Boise's AOCI PAGE 2 and FLUM with a high density residential land use designation. The change to the AOCI boundary will take place once the City of Meridian approves the subject application to remove the parcel from the AOCI and Ada County approves the request. The City of Boise consulted the City of Meridian on the request and the City Council considered the application at their regular meeting on October 11, 2011. After reviewing the factors, the Council concluded the request was reasonable and was not opposed to the property being removed from the Meridian AOCI with the following provisions: 1. The owner process a comprehensive plan map amendment with the City of Meridian to remove the parcel from the Meridian AOCI; 2. The owner or future developer meets with the adjacent residents in Macaile Meadows to discuss future development plans; and 3. That future development of both parcels provides vehicular access from N. Mt. Hood Avenue to Cloverdale Road. D. Utilities: NA E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: NA 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN/ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: The Comprehensive Plan Future Land Use Map currently designates the subject property "High Density Residential" (HDR). The proposed amendment would remove the subject property from the City's Area of City Impact and the Comprehensive Plan future land use map. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed land use change (staff analysis in italics): Address the Area of City Impact boundary with Ada County and the Cities of Eagle, Boise, Star, and Kuna. The City of Meridian has worked cooperatively with the City of Boise to process this amendment. 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. Because no land use change is proposed with this application, staff has not included analysis for such. VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant proposes an amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan to remove the subject 2.675 acre parcel from the map and the City's Area of Impact. This parcel adjoins a larger 18 +/- acre parcel under the same ownership that lies within the Boise AOCI which will allow development of the property to take place and be serviced under one city's jurisdiction rather than two. PAGE3 An amendment to Boise's Comprehensive Plan was recently approved that added the subject parcel to Boise's future land use map and AOCI. The City of Meridian was consulted by the City of Boise on this amendment and the City Council approved the request with the provisions listed above in Section VI.C. One of these provisions is for the applicant to process a CPAM with the City of Meridian as proposed. Another provision requires the applicant to meet with the adjacent residents in Macaile Meadows subdivision to discuss future development plans. The applicant has met with adjacent neighbors as part of the neighborhood meeting requirements for this application. Since no development is proposed at this time, future development plans were not discussed. Lastly, the applicant is required to provide vehicular access from N. Mt. Hood Avenue to Cloverdale Road. The applicant has not yet complied with this provision as there is development plan at this time. Staff recommends approval of the subject application in accord with the jindings in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Adopted & Proposed Future Land Use Map Showing Proposed Change B. Required Findings from Unified Development Code PAGE4 Exhibit A.1: Vicinity Map ~_,,,, ~~ ~___ _ ~.. __ ~~~ z ~ ~_ .__ _ ~~~_ _ _~ , .f ~_ ........... _ _ ~-1~ ~,______ __ PAGE 5 Exhibit A.2: Adopted & Proposed Future Land Use Map Showing Proposed Change Adapted PAGE 6 B. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds that the proposed change to the Future Land Use Map is consistent with elements of the Comprehensive Plan that promote the City working cooperatively with adjacent cities on the AOCI boundary. See sections VII and VIII above for more details. 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 boundary of the FLUM and AOCI is reasonable because of the adjacent larger parcel that is under the same ownership that lies within Boise's AOCI. 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 VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The FLUM designation for this property is not proposed to change. Therefore, the Commission finds the amendment will be compatible with adjacent medium density and future high density residential uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment will remove the subject property from the City's planned service area; therefore, the proposed amendment will actually have less of an impact on service capabilities in this area. 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 FLUM designation for this property is not proposed to change. Because the subject property is under the same ownership as the larger 18 +/- acre property to the east that lies within Boise's AOCI, the Commission finds that it's logical for this property to be developed and serviced in the future under the same jurisdiction. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and VIII and the subject fmdings above, the Commission finds that the proposed amendment is in the best interest of the City. PAGE 7