/ Planning and Zoning Commission Staff Report Jay Walker- All Terra Consulting - RZ

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1 / Planning and Zoning Commission Staff Report Jay Walker- All Terra Consulting - Hearing Date: January 17, 2019 Development Services Department Applicant: Jay Walker All Terra Consulting Staff: Jennifer Almeida jalmeida@canyonco.org Tax ID: R Parcel Size acres total (approx.) Current Uses: Agricultural Current Zone: A (Agricultural) Comprehensive Plan Designation: Residential Area of City Impact: Not within Applicable Zoning Land Use Regulations: CCZO , Notification: 11/29/18 Agencies 12/28/18 Radius Notice 12/30/18 Publication 1/7/19 Posting Exhibits: 1. Proposed FCO s 2. Applicant s Letter of Intent 3. Applicant s Site Plan 4. Neighborhood Meeting List 5. Small Air Photo 6. Vicinity Map 7. Zoning Map 8. Subdivision Map 8A. Lot Report 9. Soil Map 10. Prime Farmland Map CC Future Land Use 12. Lot Classification Map 13. Nitrate Priority Area Map 14. Contour Map 15. Idaho Dept. of Water Resources (State NFIP Coordinator) 16. Canyon Highway District No. 4 Request Jay Walker, All Terra Consulting is requesting a Rezone of approximately acres from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. The average minimum lot size in an R-1 zone is one (1) acre. The subject property, R is located on the west side of Freezeout Rd., approximately 1300 ft. north of the intersection of Purple Sage Rd. and Freezeout Rd., Caldwell, Idaho, in a portion of the SW ¼ of Section 27, T5N, R3W, BM, Canyon County, Idaho. Background The subject property was once part of an original 40 acre parcel that was divided via an administrative land division (Case No. LS ) in This division created a acre parcel (subject property) and a 5.01 acre parcel. On June 3, 2004 a conditional use permit (Case No. CU ) was approved by the Planning & Zoning Commission. This approval allowed 35 lots on approximately 35 acres. Condition No.4 of this approval required that the project commence within two (2) years and be complete within five (5) years. A plat was not completed within the five (5) year requirement, and as a result, the CUP has expired. The property is not located within an Area of City Impact. Purple Sage Road is the current northern boundary for Middleton s Area of City Impact. Purple Sage Road is located approximately 1300 ft. south of the subject property. Analysis The subject property is currently zoned A (Agricultural).The Canyon County Future Land Use Map designates this area as residential (Exhibit 11) and the proposed rezone to is consistent with the designation. The applicant is proposing to rezone the subject property from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. The average minimum lot size in an R-1 zone is one (1) acre. The applicant s letter of intent indicates 27 buildable lots are proposed for this project (Exhibit 2) Surrounding Area & Zoning: The surrounding area contains a mix of residential and agricultural uses as shown on Exhibit 5 and Exhibit 8. The property is adjacent to several platted subdivisions as shown on Exhibit 8. Within one (1) mile of the subject property there are 30 platted subdivisions for a total of 442 lots with an average lot size of 1.17 acres (Exhibit 8 and 8A). The proposed rezone to R-1, would create lot sizes similar to those located within the existing subdivision developments within one (1) mile. Hollianda Estates No. 1 and 2 are located adjacent to the subject property. Hollianda Estates No. 1 has an average lot size of.56 acres and Hollianda Estates No. 2 has STAFF REPORT Jay Walker All Terra Consulting Page 1 of 4

2 an average lot size of 1.00 acre. The proposed R-1 zoning zoning district would also be commensurate with lot sizes adjacent to the subject property. The property is located adjacent to R-R (Rural Residential) zoning as shown on the zoning map, Exhibit 7. There is R-1 (Single Family Residential) zoning located south of Purple Sage Rd. (Exhibit 7). The city limits of Middleton are located on the east side of Emmett Rd. which is approximately two (2) miles southeast of the subject property. Soil & Farmland: The subject property contains primarily moderately suited soil types (Exhibit 9). The property contains some prime farmland if irrigated, as shown on Exhibit 10. Nitrate Priority Area: The subject property is located within a nitrate priority area (Exhibit 13). The applicant will be required to comply with Southwest District Health Department requirements at the time of platting, including, but not limited to, nutrient pathogen studies. There are several well sites within the area that have tested at 5-10 MgL (Exhibit 13). Access: The subject property has frontage on Freezeout Rd., a public road. Canyon Highway District No. 4 indicated that a single public road approach, located generally in the center of the property, as shown on Exhibit 2, is acceptable to serve the future development. An access permit from Canyon Highway District No. 4 is required for any new residential construction, new approach construction, or for modification to any existing access (Exhibit 16). The highway district recommended that a stub road be established to the parcel to the north (R38050) to provide neighborhood connectivity. The development density for the rezone is not anticipated to materially impact the existing or future traffic road network. A traffic impact study will not be required for the project, as the projected trips are below the threshold required for a TIS (Exhibit 16). Agency Reponses: A small portion of the property along Freezeout Road is located within the floodplain. The applicant shall adhere to FEMA and CCZO requirements for development within the floodplain and as stated in Exhibit 15. All requirements will be part of the platting process. STAFF REPORT Jay Walker All Terra Consulting Page 2 of 5

3 Zoning Amendment Criteria Standards of Review for Zoning Amendment ( ) A. Is the proposed zone change generally consistent with the comprehensive plan? The proposed zone change is generally consistent with the Comprehensive Plan Future Land Use Map which designates the subject property as Residential (Exhibit 11). B. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation? The proposed zone change as appropriate as the current zone designation of A (Agricultural), however the request to rezone the property is consistent with the Future Land Use map, which designates the subject property as Residential. The proposed zone change to R-1 (Single Family Residential) would be commensurate with the platted lot size within one (1) mile, which is 1.17 acres. C. Is the proposed rezone compatible with surrounding land uses? The proposed rezone is compatible with the surrounding land uses in the area. The property is adjacent to a platted subdivisions as shown on Exhibit 8. There is also residential zoning located adjacent to the subject property as shown on Exhibit 7 ( R-R / Rural Residential) and R-1 zoning south of Purple Sage Road, which is approximately 1300 ft. south of the subject property (Exhibit 7). The average lot size within one (1) mile of the subject property is 1.17 acres (Exhibit 8A). D. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? The proposed use will not negatively impact the essential character of this area. The character of the area is a mix of agricultural and residential uses. The property is adjacent to platted subdivisions as shown on Exhibit 8. The proposed zone change from A (Agricultural) to R-1 (Single Family Residential) will create lot sizes that are commensurate with to the lot sizes that are currently located within the platted subdivisions within one (1) mile as well as within the subdivisions that are adjacent to the subject property. At this time no mitigation is warranted. E. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed use? Individual septic systems are proposed for this development. The subject property is located within a nitrate priority area, and a nutrient pathogen study will be required at the time of platting. All rules and requirements of Southwest District Health Department shall be adhered to at the time of development. Southwest District Health Department is also a signatory of the final plat. Individual domestic wells are proposed for the development. Domestic wells are under the jurisdiction of Idaho Department of Water Resources. Drainage, irrigation, and other utilities will be addressed during the development and platting of the property. F. Does legal access to the subject property for the development exist or will it exist at the time of development? The subject property has frontage on Freezeout Rd., a public road. Canyon Highway District No. 4 indicated that a single public road approach, located generally in the center of the property, as shown on Exhibit 2, is acceptable to serve the future development. An access permit from Canyon Highway District No. 4 is required for any new residential construction, new approach construction, or for modification to any existing access (Exhibit 16). STAFF REPORT Jay Walker All Terra Consulting Page 3 of 5

4 G. Does the proposed development require road improvements to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns created by the proposed development? What measures have been taken to mitigate road improvements or traffic impacts? Canyon Highway District No 4 has stated that the development density for the rezone is not anticipated to materially impact the existing or future traffic road network. A traffic impact study will not be required for the project, as the projected trips are below the threshold required for a TIS (Exhibit 16). No mitigation measures are proposed at this time. H. Will the proposed zone change amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? Canyon County Ambulance District, Middleton School District, Canyon County Sheriff, and Middleton Fire were notified of the request and did not provide responses to indicate that the proposed zone change amendment would have a negative impact. No mitigation measures are proposed at this time. Comprehensive Plan The proposed rezone is consistent with the Future Land Use Map which has this area designated as residential. The proposed zoning of R-1 (Single Family Residential) is consistent with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to: Property Rights Policy No. 1- No person shall be deprived of private property without due process of law. Property Rights Policy No. 8- Promote orderly development that benefits the public good and protects the individual with a minimum of conflict. The property is designated as residential on the 2020 Canyon County Future Land Use Map (Exhibit 11). Property Rights Policy No. 11- Property owners shall not use their property in a manner that negatively impacts upon the surrounding neighbors or neighborhoods. The surrounding area is designated as residential on the future land use map. Approval of the request would not introduce an incompatible use to the area. The property is adjacent to platted residential subdivisions Land Use Goal No. 5- Achieve a land use balance, which recognizes that existing agricultural uses and non-agricultural development may occur in the same area. The area is a mix of agricultural and residential uses that currently co-exist. The property is adjacent to a platted subdivision and is located in an area designated for future residential development. Land Use Goal No. 6 Designate areas where rural type residential development will likely occur and recognize areas where agricultural development will likely occur. The subject property is designated as residential on the 2020 Canyon County Future Land Use Map. Public Services, Facilities and Utilities Policy No. 3- Encourage the establishment of new development to be located within the boundaries of a rural fire protection district. The subject property is located within Middleton Fire District. STAFF REPORT Jay Walker All Terra Consulting Page 4 of 5

5 Comments Public Comments At the time of this report, staff had not received comments from the public regarding the rezone request. County Agency Comments Staff informed applicable agencies of the proposed rezone and the responses are attached as exhibits. Alternatives The Planning and Zoning Commission may recommend approval of the rezone as proposed; The Planning and Zoning Commission may recommend denial of the rezone as proposed and direct staff to make findings of fact to support this decision; or The Planning and Zoning Commission may continue the discussion and request additional information on specific items. Recommendation Staff recommends the Planning and Zoning Commission open a public hearing and discuss the proposed Rezone. Staff is recommending approval and has provided findings of fact and conclusions of law for the Planning and Zoning Commission s consideration found in Exhibit 1. STAFF REPORT Jay Walker All Terra Consulting Page 5 of 5

6 Canyon County Planning and Zoning Commission Jay Walker All Terra Consulting - Rezone Case No. Development Services Department January 17, 2019 Findings of Fact, Conclusions of Law, and Order Findings of Fact 1. The applicant is requesting a Rezone of approximately acres from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. The average minimum lot size in an R-1 zone is one (1) acre. 2. The subject property, R is located on the west side of Freezeout Rd., approximately 1300 ft. north of the intersection of Purple Sage Rd. and Freezeout Rd., Caldwell, Idaho, in a portion of the SW ¼ of Section 27, T5N, R3W, BM, Canyon County, Idaho. 3. The subject property is currently zoned A (Agricultural). 4. The subject property is designated Residential on the 2020 Canyon County Future Land Use Map. (Exhibit 11). 5. The subject property is not located within an Area of City Impact. 6. The subject property is located within Canyon Highway District No. 4, Middleton Fire District, Black Canyon Irrigation District, and Middleton School District. 7. The neighborhood meeting was held on 11/15/18 in accordance with CCZO Notice of the public hearing was provided as per CCZO : Agencies were notified on 11/29/18, property owners within 300 ft. were notified by mail on 12/28/18, Newspaper notice was provided on 12/30/18 and the property was posted on 1/7/ The record consists of exhibits as provided as part of the public hearing staff report, exhibits submitted during the public hearing on 1/17/19 and all information contained in DSD case file,. Conclusions of Law For this request the Planning and Zoning Commission finds and concludes the following regarding the Standards of Review for a Zoning Amendment ( ): A. Is the proposed zone change generally consistent with the comprehensive plan? Conclusion: The proposed zone change is consistent with the 2020 Canyon County Comprehensive Plan. Finding: The proposed rezone is consistent with the Future Land Use Map which has this area designated as residential. The proposed zoning of R-1 (Single Family Residential) is consistent with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to: Property Rights Policy No. 1- No person shall be deprived of private property without due process of law. Jay Walker All Terra Consulting EXHIBIT 1 Page 1 of 4

7 Property Rights Policy No. 8- Promote orderly development that benefits the public good and protects the individual with a minimum of conflict. The property is designated as residential on the 2020 Canyon County Future Land Use Map (Exhibit 11). Property Rights Policy No. 11- Property owners shall not use their property in a manner that negatively impacts upon the surrounding neighbors or neighborhoods. The surrounding area is designated as residential on the future land use map. Approval of the request would not introduce an incompatible use to the area. The property is adjacent to platted residential subdivisions Land Use Goal No. 5- Achieve a land use balance, which recognizes that existing agricultural uses and non-agricultural development may occur in the same area. The area is a mix of agricultural and residential uses that currently co-exist. The property is adjacent to a platted subdivision and is located in an area designated for future residential development. Land Use Goal No. 6 Designate areas where rural type residential development will likely occur and recognize areas where agricultural development will likely occur. The subject property is designated as residential on the 2020 Canyon County Future Land Use Map. Public Services, Facilities and Utilities Policy No. 3- Encourage the establishment of new development to be located within the boundaries of a rural fire protection district. The subject property is located within Middleton Fire District. B. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation? Conclusion: The proposed zone change is as more appropriate than the current zoning designation, but is consistent with the future land use map designation of residential. Finding: The proposed zone change as appropriate as the current zone designation of A (Agricultural), however the request to rezone the property is consistent with the Future Land Use map, which designates the subject property as Residential. The proposed zone change to R-1 (Single Family Residential) would be commensurate with the platted lot size within one (1) mile, which is 1.17 acres. C. Is the proposed rezone compatible with surrounding land uses? Conclusion: The proposed use is compatible with the surrounding land uses. Finding: The proposed rezone is compatible with the surrounding land uses in the area. The property is adjacent to a platted subdivisions as shown on Exhibit 8. There is also residential zoning located adjacent to the subject property as shown on Exhibit 7 ( R-R / Rural Residential) and R-1 zoning south of Purple Sage Road, which is approximately 1300 ft. south of the subject property (Exhibit 7). The average lot size within one (1) mile of the subject property is 1.17 acres (Exhibit 8A). Jay Walker All Terra Consulting EXHIBIT 1 Page 2 of 4

8 D. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? Conclusion: The proposed use will not negatively affect the character of the area and no mitigation is proposed at this time. Finding: The proposed use will not negatively impact the essential character of this area. The character of the area is a mix of agricultural and residential uses. The property is adjacent to platted subdivisions as shown on Exhibit 8. The proposed zone change from A (Agricultural) to R-1 (Single Family Residential) will create lot sizes that are commensurate with to the lot sizes that are currently located within the platted subdivisions within one (1) mile as well as within the subdivisions that are adjacent to the subject property. At this time no mitigation is warranted. E. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed use? Conclusion: Adequate sewer, drainage, irrigation, and storm water drainage facilities and utility systems will be provided to accommodate the proposed use at the time of development. Finding: Individual septic systems are proposed for this development. The subject property is located within a nitrate priority area, and a nutrient pathogen study will be required at the time of platting. All rules and requirements of Southwest District Health Department shall be adhered to at the time of development. Southwest District Health Department is also a signatory of the final plat. Individual domestic wells are proposed for the development. Domestic wells are under the jurisdiction of Idaho Department of Water Resources. Drainage, irrigation, and other utilities will be addressed during the development and platting of the property. F. Does legal access to the subject property for the development exist or will it exist at the time of development? Conclusion: The property has frontage on Freezeout Road, a public road. Finding: The subject property has frontage on Freezeout Rd., a public road. Canyon Highway District No. 4 indicated that a single public road approach, located generally in the center of the property, as shown on Exhibit 2, is acceptable to serve the future development. An access permit from Canyon Highway District No. 4 is required for any new residential construction, new approach construction, or for modification to any existing access (Exhibit 16). G. Does the proposed development require road improvements to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns created by the proposed development? What measures have been taken to mitigate road improvements or traffic impacts? Conclusion: The rezone of the subject property will not cause undue interference with existing or future traffic patterns as proposed. Jay Walker All Terra Consulting EXHIBIT 1 Page 3 of 4

9 Finding: Canyon Highway District No 4 has stated that the development density for the rezone is not anticipated to materially impact the existing or future traffic road network. A traffic impact study will not be required for the project, as the projected trips are below the threshold required for a TIS (Exhibit 16). No mitigation measures are proposed at this time. H. Will the proposed zone change amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? Conclusion: Essential services will be provided to accommodate the use. No mitigation is proposed at this time. Finding: Canyon County Ambulance District, Middleton School District, Canyon County Sheriff, and Middleton Fire were notified of the request and did not provide responses to indicate that the proposed zone change amendment would have a negative impact. No mitigation measures are proposed at this time. Order Based upon the Findings of Fact, Conclusions of Law and Order contained herein the Planning and Zoning Commission recommends approval of Case #, a request to rezone parcel R , approximately acres, from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. APPROVED this day of, 2019 PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO Richard Hall, Chairman State of Idaho ) SS County of Canyon County ) On this day of, in the year 2019 before me, a notary public, personally appeared, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he(she) executed the same. Notary: My Commission Expires: Jay Walker All Terra Consulting EXHIBIT 1 Page 4 of 4

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