Planning and Zoning Staff Report JT Ventures, LLC Staging Area, CU-PH

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1 Planning and Zoning Staff Report JT Ventures, LLC Staging Area, CU-PH Hearing Date: December 15, 2016 Development Services Department Applicant: JT Ventures, LLC Jason Stewart and Tony Brown Staff: Deb Root, Tax ID: R33930 Current Zone: A (Agriculture) and C1 (Neighborhood Commercial Comprehensive Plan: 2020 CC Comprehensive Plan Lot Size/Project Area: Approximately 0.75 acres of 1.52 acres more or less (zoned Agricultural) Current Uses: Commercial Tack Shop and a staging area Applicable Zoning Land Use Regulations: CCZO , , , (01-25), , , (01-03); Notification: November 15, 2016 Mailing November 17, Agencies November 23, 2016-Publication December 7, 2016-Posting (on or before) Exhibits: 1. FCCO S 2. Small Aerial 3. GIS Zoning Overlay 4. Zoning and Classification Map 5. Land Use Map 6. Subdivision Map 7. Applicant Letter of Intent 8. City of Middleton 9. Idaho Transportation Department 10. Large Aerial Request Case #CU-PH is an application for a conditional use permit for a Staging Area to be located at Hwy 44, Middleton, Idaho on a portion of parcel R Saddle Up Tack Shop is located on the commercial portion of the subject property. The area is currently being utilized as a staging area for the parking of vehicles and trailers. The subject property is zoned Agricultural and Neighborhood Commercial. Background The applicants purchased the property with the existing uses including a tack shop, residence and staging area. They desire to bring the property uses into compliance with Canyon County Zoning Ordinance requirements. The subject property is comprised of both A (Agricultural) zoning and C1 (Neighborhood Commercial). (Exhibit 3) The portion of A zoned property is currently being utilized as a parking area for trucks, trailers and equipment. This use is categorized as a staging area and allowed by conditional use permit in the A (Agricultural) zone. The portion of C1 property is currently being rented by Saddle Up Tack Shop. This use as a retail store is allowed in the C1 (Neighborhood Commercial) zone and is not subject to this application. Analysis Article 2: : Definitions: Staging Area: An area where equipment and/or materials are stored for use conducted entirely off site. Article 14: Use Standards: : Staging Area: (1) All work shall be conducted off site. (2) Business vehicles shall be operable and parked on site, not on a public or private road. (3) Persons not employed on the premises may visit the premises for the purpose of picking up equipment and materials to be used elsewhere, including trucks offloading or transferring equipment and/or materials to other vehicles. (4) Employees may meet on the premises to share rides to and from job sites. (5) Employees vehicles shall be parked on site and not on a public or private road. Current Zoning: A (Agricultural) Article 10: Zones: Land Use Matrix Staging Area is allowed by Conditional Use Permit in the A (Agricultural) zone. The property is adjacent to Middleton City limits, is located adjacent to State Highway 44, and is currently in use as a staging area as proposed. JT Ventures LLC Staging Area Page 1 of 2 CU-PH

2 Comprehensive Plan The proposed use is consistent with multiple goals and policies of the 2020 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. 9- Property owners shall be responsible for maintaining their property in the best possible condition as circumstances allow. Property Rights Policy No. 11- Property owners shall not use their property in a manner that negatively impacts upon the surrounding neighbors or neighborhoods. Property Rights Policy No. 12- Property owners acknowledge and expect that Canyon County will preserve private property rights and values by enforcing regulations that will ensure against incompatible and detrimental neighboring land uses. Property Rights Policy No. 13- Canyon County will take appropriate measures to enforce all nuisance ordinances to protect quality of life and private property rights. 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 proposed use is located within the Middleton Rural Fire District. Agriculture Component Policy No. 4- Development shall not be allowed to disrupt or destroy irrigation canals, ditches, laterals, drains, and associated irrigation works and rights-of-way. Comments Public Comments At the time this staff report was written, staff had not received any letters or comments from the public regarding the proposed staging area. County Agency Comments Staff notified affected agencies and the comments are attached as exhibits. Alternatives The Planning and Zoning Commission may approve the conditional use permit as conditioned and/or amended; The Planning and Zoning Commission may deny the conditional use permit 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. Significant Impacts Currently the subject property is being utilized as a staging area for some trucks, trailers and equipment. The applicant is not proposing to increase the intensity of the use but rather to bring the property into compliance with the current zoning ordinance. A potential impact would be if the intensity of the use were to increase without improvements to the approach on the property or if the vehicles were to block visibility onto the State Highway and these issues shall be conditioned to minimize the potential impact. Recommendation Staff recommends the Planning and Zoning Commission open a public hearing and discuss the proposed Conditional Use Permit. Staff is recommending approval of the application and has provided findings of fact, conclusions of law and conditions of approval for the Planning and Zoning Commission s consideration found in Exhibit 1. JT Ventures LLC Staging Area Page 2 of 2 CU-PH

3 Canyon County Planning and Zoning Commission JT Ventures Staging Area, CU-PH FCCO s Development Services Department December 15, 2016 Findings of Fact, Conclusions of Law, Conditions of Approval and Order Findings of Fact 1. The applicant is requesting a Staging Area on the A (Agricultural) zoned portion of R (Exhibit 7 & 3) 2. The subject property is currently zoned A (Agricultural) and C1 (Neighborhood Commercial). (Exhibit 3) 3. The subject property is currently in use as a staging area and commercial tack shop. 4. The subject property has legal access to and frontage on State Highway The subject property is located within the Middleton area of city impact. 6. The City of Middleton Comprehensive Plan Future Land Use Maps shows the future land use as commercial and a staging area is allowed in the C-2 and C-3 zones in the City of Middleton (Exhibit 8) 7. The subject property is located within the Canyon Highway District, Middleton Rural Fire District, Middleton School District, and the Canyon County Water Co. Irrigation District. 8. The record includes all hearing documents, testimony, and documents within the case file CU-PH Notice of the public hearing was provided in accordance with CCZO Agency notice was provided on 11/17/16, Newspaper notice was provided on 11/23/16, property owners within 300 were notified by mail on 11/15/16, and the property was posted on12/7/16. Conclusions of Law For this request the Planning and Zoning Commission finds and concludes the following regarding the Standards of Review for Conditional Use Permit ( & ): 1. Is the proposed use permitted in the zone by conditional use permit? Conclusion: The subject property is zoned agricultural and neighborhood commercial. A Staging Area is allowed by conditional use permit (CUP) in the A (Agricultural) zone. The requested Staging Area is to be located on the portion of parcel R33930 that is zoned A (Agricultural). Finding: The subject property is zoned A (Agricultural) and C1 (Neighborhood Commercial) [Exhibit 3] the proposed use is permitted in the A (Agricultural) zone by conditional use permit. CCZO What is the nature of the request? The applicant purchased the property with mixed uses being conducted on the site. The applicant desires to bring the property into compliance with the zoning ordinance and has requested a conditional use permit for a Staging Area on the west half of parcel R33930 where there are some trucks, trailers and equipment being parked on the property. This is not a sales or service lot. (Exhibit 7) 3. Is the proposed use consistent with the Comprehensive Plan? Conclusion: The proposed use is consistent with multiple goals and policies of the 2020 Canyon County Comprehensive Plan. Finding: The proposed use is consistent with multiple goals and policies of the 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. JT Ventures LLC Staging Area EXHIBIT 1 CU-PH Page 1 of 4

4 Land Use Component Goal No. 2- To provide for the orderly growth and accompanying development of the resources within the county that is compatible with the surrounding area. 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. Agriculture Component Policy No. 4- Development shall not be allowed to disrupt or destroy irrigation canals, ditches, laterals, drains, and associated irrigation works and rights-ofway. 4. Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area? Conclusion: The proposed use should not be injurious to other properties or property owners in the immediate vicinity. The proposed use will not change the essential character of the area as this is a mixed use area and the proposed staging area currently exists on the property. No vehicles sales shall be conducted from this location. Finding: The immediate vicinity is comprised of mixed uses including commercial, residential and agricultural uses. The property is located within the Middleton City area of impact and adjacent to city limits. The subject property is currently zoned both agricultural and commercial with a commercial tack shop located on the east half of the property. The staging area currently exists and has existed for a minimum of two years at this location. 5. Will adequate water, sewer, irrigation, drainage and stormwater drainage facilities, and utility systems be provided to accommodate the use? Conclusion: Adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems will be provided to support the staging area. Finding: The subject property currently has a commercial tack shop and outbuildings on it. The horseshoe shaped parcel surrounds a residential structure on a commercially zoned parcel also owned by the applicant, JT Ventures, LLC. The property is bounded on the south boundary by an irrigation lateral and the property owners have indicated that they will remove a lean-to structure that is impeding maintenance of the irrigation lateral by the ditch company. The applicants are currently not proposing to change the current uses of the property. In the future, annexation and connection to city services is a viable option when the applicants want to develop the property. 6. Does legal access to the subject property for the development exist or will it exist at the time of development? Conclusion: The subject property has road frontage on State Highway 44, a public road. Legal access will exist prior to further development of the subject property. Finding: The site currently utilizes an approach to State Highway 44 for a residential access, access to the Tack Shop and for the staging area. ITD commented in Exhibit 9 that there is only a valid approach/access permit for the residential access and that an approach permit must be obtained for the commercial activities. 7. Will there be undue interference with existing or future traffic patterns? Conclusion: The property has frontage to State Highway 44. The use currently exists and the intensity is not proposed to increase. Finding: The subject property access is under the jurisdiction of the Idaho Transportation Department. ITD has indicated that there is currently only one residential access permit on the property at the current time. An access approach permit for the use must be applied for and obtained from ITD. JT Ventures LLC Staging Area EXHIBIT 1 CU-PH Page 2 of 4

5 8. Will essential services be provided to accommodate the use including, but not limited to, school facilities, police and fire protection, emergency medical services, irrigation facilities, and will the services be negatively impacted by such use or require additional public funding in order to meet the needs created by the requested use? Conclusion: Essential services will be provided to accommodate the use. Finding: Agencies were notified of the intended use and no comments were received regarding any limits to services being provided. Article 14: Use Standards: : Staging Area: (1) All work shall be conducted off site. (2) Business vehicles shall be operable and parked on site, not on a public or private road. (3) Persons not employed on the premises may visit the premises for the purpose of picking up equipment and materials to be used elsewhere, including trucks offloading or transferring equipment and/or materials to other vehicles. (4) Employees may meet on the premises to share rides to and from job sites. (5) Employees vehicles shall be parked on site and not on a public or private road. Conditions of Approval 1. The development shall comply with all applicable federal, state, and county laws, ordinances, rules and regulations that pertain to the subject property and the proposed use. 2. The proposed staging area shall operate in compliance with Article : Staging Area use standards. 3. The A (Agricultural) zoned property shall be utilized for the staging of no more than three operable semitrucks with trailers if applicable, equipment trailers, tractor and various attachments. Employee vehicles are allowed in accordance with use standards. 4. The A (Agricultural) zoned property shall not be used for a vehicle sales or service lot. 5. The applicant shall comply with CCZO Article 13: Off Street Parking and Loading Requirements. 6. The applicant shall comply with CCZO Signs as applicable. 7. The staged vehicles and equipment shall not encroach upon State Highway 44 right of way and shall not impede sight distance for approaches onto and off of State Highway 44 to the subject properties and adjacent properties. 8. The applicant shall comply with the applicable approach permit requirements as indicated by Idaho Transportation Department (Exhibit 9). 9. The use shall not disrupt or destroy irrigation canals, ditches, laterals, drains, and associated irrigation works and rights-of-way. Order Based upon the Findings of Fact, Conclusions of Law and Conditions of Approval contained herein, the Planning and Zoning Commission approves Case # CU-PH , to operate a Staging Area for trucks, trailers, and equipment in an A (Agricultural) Zone on parcel APPROVED this day of, PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO Gary Duspiva, Chairman JT Ventures LLC Staging Area EXHIBIT 1 CU-PH Page 3 of 4

6 State of Idaho ) SS County of Canyon County ) On this day of, in the year 2016, 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: JT Ventures LLC Staging Area EXHIBIT 1 CU-PH Page 4 of 4

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