Gibson CPAM-11-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN--
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In the Matter of the Request for a Comprehensive Plan Amendment to the Future Land Use Map
and the Area of City Impact for the 2.675 Acre property (Parcel No. 51109120800) Located South
of E. Fairview Avenue, Approximately'/4 Mile West of Cloverdale Road, by Sable, LLC.
Case No(s). CPAM-11-003
For the City Council Hearing Date of: February 21, 2012 (Findings on March 7, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 21, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 21,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 21, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-11-003
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6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 21, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Comprehensive Plan Amendment to the future land use map and
Area of City Impact boundary is hereby conditionally approved, per the conditions of approval
in the attached Staff Report for the hearing date of February 21, 2012, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of February 21, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM-11-003
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By action of the City Council at its regular meeting held on the
2012.
COUNCIL PRESIDENT DAVID ZAREMBA
COUNCIL VICE PRESIDENT BRAD HOAGLUN
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIlZD
MAYOR TAMMY de WEERD
(TIE BREAKER)
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day of - ,
VOTED
VOTED
VOTED
VOTED_~
VOTED ~-
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r T m de Weerd
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Attest: c,°4 ~~~
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cee H an, City Clerk ,~~ SEAS., ~~
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CPAM- l l -003
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EXHIBIT A
STAFF REPORT
HEARING DATE: February 21, 2012
TO: Mayor & City Council
FROM: Sonya Wafters, 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 '/4 mile west of Cloverdale Road
and abuts the east boundary of Meridian's Area of City Impact (AOCI).
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 & ZOninE 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 HearinE:
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 Wafters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission ChanEe(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
a: ummarv of Citv Council Public Hearin:
1~ In favor None
1L In opnosition: None
111. CommentinP: None
11', Written testimony: None
y, Staff nresentinP application: Pete Friedman
Yi. Other staff commenting on annlication: None
.l~ Key Issues of Discussion by Council:
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EXHIBIT A
i None
~_ K~-y Council Changes to Staff/Commission Recommendation
L 1YQn~
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.)
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.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located south of E. Fairview Avenue, approximately'/4 mile west of Cloverdale
Road, in the NE'/4 of Section 9, Township 3 North, Range 1 East; Parcel No. 51109120800.
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°d 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)
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EXHIBIT A
VL 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
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. COMPREHENSNE 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.
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EXHIBIT A
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.
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.
Sta, ff recommends approval of the subject application in accord with the findings 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
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EXHIBIT A
Exhibit A.1: Vicinity Map
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EXHIBIT A
Exhibit A.2: Adopted & Proposed Future Land Use Map Showing Proposed Change
Adopted
Pn~r c~
EXHIBIT A
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 City Council 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 City Council 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 City Council 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 City Council 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 City
Council 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 City Council 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 City Council 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 findings above, the City
Council finds that the proposed amendment is in the best interest of the City.
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