AAAA. Planning and Zoning Staff Report Zoning Text Amendment, ZOA-PH Request

Transcription

1 AAAA Hearing Date: September 3, 2015 Planning and Zoning Staff Report Zoning Text Amendment, ZOA-PH Development Services Department Applicant: Request Staff: Christian Samples, Comprehensive Plan: 2020 CC Comprehensive Plan Notification: July 30, 2015 Agency August 20, 2015 Public Service Announcement August 20, 2015 Legal Exhibits: 1. FCO s 2. Draft Ordinance 3. Agency Notification 4. Legal Notice 5. Public Service Announcement 6. City of Greenleaf Waiver of JEPA Notification Requirements 7. Nampa Highway District Comments 8. Canyon Highway District Comments 9. Idaho Transportation Department Comments 10. Ten Davis Recreation District Comments 11. Wilder School District Comments 12. Idaho Department of Environmental Quality Comments is requesting the Planning and Zoning Commission review a proposed ordinance as shown in Exhibit 2. The changes are minor in nature and designed to clarify the definition of structure height, correct a drafting error from a previous ordinance, and clarify the role of the Planning and Zoning Commission in subdivision decisions. Staff review is found in the comments on the side of each page.the ordinance is summarized as follows: AN ORDINANCE AMENDING CANYON COUNTY CODE, CHAPTER 7, SECTION TO MODIFY THE DEFINITION OF RIGHT-OF-WAY AND ROAD, AMENDING SECTION TO UPDATE THE REFERENCE TO ROAD IMPROVEMENTS AND MINOR WORDING CHANGES, AMENDING SECTION TO UPDATE THE REFERENCE TO ROAD IMPROVEMENTS AND CORRECT PUNCTUATION, AMENDING SECTION PRIVATE ROAD AND DRIVEWAY REQUIREMENTS TO UPDATE THE STANDARDS FOR A MAINTENANCE AGREEMENT AND PROVIDE DESIGN AND CONSTRUCTION STANDARDS FOR DRIVEWAYS SERVING TWO PROPERTIES AND PRIVATE ROADS, AMENDING SECTION TO UPDATE THE REFERENCE TO PUBLIC STREETS AND PRIVATE ROADS, AMENDING SECTIONS , AND TO UPDATE THE REFERENCE TO PUBLIC STREETS AND CLARIFY THE DESCRIPTION OF SETBACK MEASUREMENTS, AND AMENDING SECTION TO PROVIDE STANDARDS FOR PRIVATE ROAD AND PUBLIC STREET IMPROVEMENTS WHEN PLATTING. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CANYON COUNTY, IDAHO, THAT CANYON COUNTY CODE, CHAPTER 7, BE AMENDED AS FOLLOWS:

2 ORDINANCE NO. 15- AN ORDINANCE AMENDING CANYON COUNTY CODE, CHAPTER 7, SECTION TO MODIFY THE DEFINITION OF RIGHT-OF-WAY AND ROAD, AMENDING SECTION TO UPDATE THE REFERENCE TO ROAD IMPROVEMENTS AND MINOR WORDING CHANGES, AMENDING SECTION TO UPDATE THE REFERENCE TO ROAD IMPROVEMENTS AND CORRECT PUNCTUATION, AMENDING SECTION PRIVATE ROAD AND DRIVEWAY REQUIREMENTS TO UPDATE THE STANDARDS FOR A MAINTENANCE AGREEMENT AND PROVIDE DESIGN AND CONSTRUCTION STANDARDS FOR DRIVEWAYS SERVING TWO PROPERTIES AND PRIVATE ROADS, AMENDING SECTION TO UPDATE THE REFERENCE TO PUBLIC STREETS AND PRIVATE ROADS, AMENDING SECTIONS , AND TO UPDATE THE REFERENCE TO PUBLIC STREETS AND CLARIFY THE DESCRIPTION OF SETBACK MEASUREMENTS, AND AMENDING SECTION TO PROVIDE STANDARDS FOR PRIVATE ROAD AND PUBLIC STREET IMPROVEMENTS WHEN PLATTING. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CANYON COUNTY, IDAHO, THAT CANYON COUNTY CODE, CHAPTER 7, BE AMENDED AS FOLLOWS: : DEFINITIONS ENUMERATED: DRIVEWAY: Vehicular access to one or two (2) inhabited buildings. PRIVATE ROAD: A road serving more than two (2) permanent dwellings or inhabited buildings, which is privately maintained, and not accepted for maintenance by the local highway district having jurisdiction. PUBLIC RIGHT OF WAY: Any land dedicated to the public and under the jurisdiction of a public highway agency. A public right of way can be open or closed to public travel and, where the public highway agency the highway district has no obligation to construct or maintain said right of way for vehicular traffic. ROADPUBLIC STREET: All roads, streets, alleys, or bridges open to public use and maintained by a highway district. ROAD LOT: A private road that provides access to more than two (2) lots within a subdivision : ZONING AMENDMENT CRITERIA: Commented [CS1]: Adding the term public, as right of ways are usually associated with a highway district. Language added that clarifies that a public right of way can be open or closed to travel and is not required to be maintained by the highway district. Commented [CS2]: The term road was changed to public street to match the existing definition and differentiate between a public street and a private road. Definition also changed at the request of Canyon Highway District to reflect the difference between an open maintained street and an unopened public right of way. (1) The commission shall review the particular facts and circumstances of each proposed zoning amendment and make a recommendation regarding the same to the board. The presiding party shall make its review in terms of the following standards and shall find adequate evidence regarding the following criteria when evaluating the proposed zoning district boundary amendment: A. Is the proposed zone change generally consistent with the comprehensive plan; B. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation; 1

3 C. Is the proposed conditional rezone compatible with surrounding land uses; D. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? E. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed use; F. Does legal access to the subject property for the development exist or will it exist at the time of development; G. Does the proposed development require road public street improvements in order 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; and Commented [CS3]: The term road is changed to public street to match the new definition. The words in order to added for grammatical purposes. 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? : CONDITIONAL REZONE (6) Conditional Rezone Approval: A. Standards Of Evaluation: The presiding party shall review the particular facts and circumstances of the proposed conditional rezone. The presiding party shall apply the following standards when evaluating the proposed conditional rezone: 1. Is the proposed conditional rezone generally consistent with the comprehensive plan; 2. When considering the surrounding land uses, is the proposed conditional rezone more appropriate than the current zoning designation; 3. Is the proposed conditional rezone compatible with surrounding land uses; 4. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? 5. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate proposed use; 6. Does the proposed development require road public street improvements in order to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns.? What measures have been taken to mitigate traffic impacts?; Commented [CS4]: The term road is changed to public street to match the new definition. 7. Does legal access to the subject property for the development exist or will it exist at time of development; and 2

4 8. Will the proposed conditional rezone amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? : PRIVATE ROAD AND DRIVEWAY REQUIREMENTS: (1) Frontage, Easement, Or Road Lot Required: For the purpose of providing adequate access for equipment, emergency vehicles and other services to inhabited buildings, each parcel must demonstrate access by one of the following prior to the issuance of a certificate of zoning compliance: A. Frontage: A minimum property frontage of sixty feet (60') is required along the right of way of a public road for the purpose of ingress/egress. The frontage width requirement may be reduced to a width not less than fifty feet (50') in accordance with subsection (1)(D). as determined by the director, upon consideration of the following criteria: 1. Will the proposed frontage reduction provide adequate access; 2. Do physical characteristics of the site require a reduction in the frontage width; and 3. Would approval of the request cause injury, damage or a safety hazard? B. Driveway or Private Road Application, Easement and Maintenance Agreement: 1. Applications for driveways serving two properties and all private roads shall be filed with DSD. 2. Driveways serving two properties and all private roads shall be located within Aa recorded permanent, perpetual easement, having a minimum width of sixty feet (60'), is required from the right of way of a publicly maintained road street to the property for the purpose of ingress/egress. The easement width requirement may be reduced to a width not less than twenty eight feet (28') in accordance with subsection (1)(D)., as determined by the director, upon consideration of the following criteria: Commented [CS5]: Consolidated and moved to section (1)(D), as this language was repeated throughout the section. Commented [CS6]: Section expanded to include Driveway or Private Road Application and Maintenance Agreement. Commented [CS7]: Driveways serving two properties and all private roads would have an application to initiate their review. Commented [CS8]: Clarified to include driveways serving two properties and all private roads. Commented [CS9]: The term street added to match defined terms. A. Will the proposed easement reduction provide adequate access; B. Do physical characteristics of the site require a reduction in the easement width; and C. Would approval of the request cause injury, damage or a safety hazard? 3. Driveways serving two properties and all private roads shall have a recorded road users maintenance agreement that describes the responsible party(ies) for construction and maintenance, including repairs, and necessary improvements to accommodate additional accesses in the future. Failure to maintain a previously approved driveway or private road shall be a violation of this article subject to the enforcement procedures in section of this article. 4. All properties taking access to a private road shall be in compliance with the addressing standards in Chapter 6, Article 5. 3 Commented [CS10]: Consolidated and moved to section (1)(D), as this language was repeated throughout the section. Commented [CS11]: This section clarifies what is required in a road users maintenance agreement. Commented [CS12]: This section requires compliance with the addressing standards of the ordinance.

5 5. The director shall approve the location for driveways serving two residences and all private roads. C. Private Road on Subdivision Plat Lot: A private road shall be shown as a separate, non-buildable lot in accordance with the requirements of of this chapter. A minimum road lot width of sixty feet (60') is required. The road lot width requirement may be reduced to a width not less than fifty feet (50'), as determined by the director, upon consideration of the following criteria: Commented [CS13]: This language specifies the director approves the location of driveways serving two residences and all private roads. 1. Will the proposed road lot reduction provide adequate access; 2. Do physical characteristics of the site require a reduction in the road lot width; and 3. Would approval of the request cause injury, damage or a safety hazard? D. Width Reduction: The width of a parcel s road frontage, easement or private road may be reduced by the director if the reduction demonstrates all of the following: Commented [CS14]: Standards moved to of the code to reflect subdivision improvements. 1. Will the proposed reduction provide adequate access; 2. Do physical characteristics of the site require a width reduction; and 3. Would approval of the request cause injury, damage, or a safety hazard? Commented [CS15]: The new width reduction section is intended to consolidate repetitive language into a single code section. (2) Fire District Road Requirements: If the most distant portion of an inhabited building is located farther than one hundred fifty feet (150') from a public or approved private road, the driveway or private road shall have an approved turnaround from the local fire district having jurisdiction. The construction of driveways or private roads longer that 150 from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire district. (3) Driveway And Private Road Requirements: A. Driveway and Private Road Design and Construction Standards: Commented [CS16]: This language is intended to require driveways or private roads longer than 150 to meet fire district requirements rather than a measurement from the most distant portion of a structure. Commented [CS17]: Staff has consolidated existing driveway and private road standards into a table for the convenience of the public. Presently, this language is located throughout the section. Staff has also proposed to increase the number of new accesses triggering private road requirements to 5 (presently, the 3 rd access triggers the requirements). 4

6 1. Driveways and Private Roads shall be built to the following standards: New Private Roads built after 1/19/05 and existing private roads that adds new accesses such that the road has 5 or more residences Existing private roads built before 1/19/05 that add residences, but platting is not required Existing driveways built before 1/19/05 that add residences New driveways built after 1/19/05 Subbase or Ballast Base Course Plant mix pavement (ISPWC class III mix) 9 inches of minus 6 inch uncrushed aggregate (pit run) N/A N/A 9 inches of minus 6 inch uncrushed aggregate (pit run) for driveways longer than 150 feet in length; otherwise N/A 6 inches of ¾ inch crushed aggregate (gravel) 6 inch thick ¾ minus gravel base and leveling course, graded and compacted 6 inch thick ¾ minus gravel base and leveling course, graded and compacted 6 inch thick ¾ minus gravel base and leveling course, graded and compacted 2.5 inches thick for local roads serving 40 or less single family residences and 3 inches for all other uses N/A N/A N/A Surface Width 24 feet for local roads serving 40 or less single family residences and 26 feet for collector roads 20 foot wide all weather driving surface 12 foot wide all weather driving surface 12 foot wide all weather driving surface 1. Shall be constructed or improved according to the following minimum standards: Commented [CS18]: Deleted and moved into table (A) Six inch (6") thick three-fourths inch ( 3 / 4") minus gravel base and leveling course; (B) Graded and compacted; and (C) Twelve foot (12') wide all weather driving surface. 2. A driveway serving two (2) permanent residences shall have a recorded perpetual easement for access to both residences and a permanent and recorded road user's maintenance agreement. 5

7 2. The construction of driveways longer that 150 from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire district. B. Private Road Design and Construction Standards: 1. A private road must have a recorded, permanent, perpetual easement and permanent Road Users Association or maintenance agreement. 12. Any new private road constructed after January 19, 2005, or existing private road that adds additional residencesshall be constructed according to the following minimum standards and shall be inspected and certified by engineer: Subbase or ballast Base course Plant mix pavement (ISPWC class III mix) Pavement width 9 inches of minus 6 inch uncrushed aggregate (pit run) 6 inches of 3 / 4 inch crushed aggregate (gravel) 2.5 inches thick for local roads serving 40 or less single-family residences and 3 inches for all other uses 24 feet for local roads serving 40 or less single-family residences and 26 feet for collector roads 32. Any existing private road or driveway constructed before January 19, 2005, that adds additional residences, but does not require platting, shall be improved according to the following minimum standards: Base course Surface width 6 inch thick 3 / 4 minus gravel base and leveling course, graded and compacted 20 foot wide all weather driving 2. Any private road shall be named and a sign conforming to the applicable highway district standards shall be erected and maintained at the property owners' expense. The road must have a road name approved by the director. The naming of roads shall comply with chapter 6, article 5 of this code. Verification of installation of road signs shall be provided to DSD. CB. Inspection And Certification: A driveway or private road must be constructed prior to final inspection of an inhabited building. The construction of driveways longer than 150 from a public street right-of-way to the most distant portion of an inhabited building and Pprivate roads construction mustshall be inspected and certified by the applicant's engineer prior to obtaining a certificate of occupancy. Commented [CS19]: Language added to require engineer certification of driveways longer than 150. DC. Bridges: Bridges shall be inspected and certified by an engineer of the developer's choice, to have been constructed in compliance with all applicable federal, state, and local laws. DE. Cul-De-Sacs: Cul-de-sacs shall have a fifty foot (50') radius for a driving surface and a seventy foot (70') radius for right of way or easement. 6

8 : PUBLIC STREET RIGHT OF WAY WIDTHS: Public street right of way widths shall be determined and approved by the governing highway district or agency. Commented [CS20]: Terminology modified to align with terms in : SETBACKS; MINIMUM PARCEL OR LOT SIZE; HEIGHT REGULATIONS: 1. Front Yard: Unless the provisions of (1)A.4 apply, Ffront setbacks shall be measured from the greatest of either the front property line, public street right of way line, or private road easement line of any minor arterial or collector or local or private street. Long established setbacks are permissible: (A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and (B) When not a corner parcel; and Commented [CS21]: Language added to prioritize setbacks from principal arterial and major collectors. Commented [CS22]: Terminology modified to align with terms in Commented [CS23]: Repetitive language deleted, as referral to section (1)(A)(4) covers this. (C) When in a platted subdivision. 2. Rear Yard: Rear setbacks shall apply except that long established existing setbacks are permissible: (A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and (B) When in a platted subdivision. 3. Corner Parcel: Front yard setback requirements are applicable on both street sidesfrom property lines along a public street and/or private road of a corner parcel with no exceptions made for long established setbacks. Commented [CS24]: Language modified to incorporate terms in Principal Arterial And Major Collector Preservation: (A) No building or structure shall be erected nearer than fifty feet (50') from the centerline of any major collector shown on the functional classification map unless the highway district having jurisdiction waives such setback. (B) No building or structure shall be erected nearer than seventy feet (70') from the centerline of any principal arterial shown on the functional classification map unless the highway district having jurisdiction waives such setback. 5. Front And Corner Yard: Front and corner setbacks shall be measured from the greatest of either the property line, public street right of way line, or private road easement line of any local or private street. B. Commercial And Industrial Zones: 1. Parcel Adjacent To Parcel In Unlike Zone: Setbacks on all lot lines adjacent to a parcel of any other zoning classification shall be determined by the sum of the setbacks where the zones abut, divided by two (2), when not located on section or quarter section line. Commented [CS25]: Terminology modified to align with terms in Commented [CS26]: Repetitive language deleted, section terminology changes already cover what is subject to the setbacks. 7

9 2. Parcel Adjacent On All Boundaries To Other Parcels In Like Zone: If a parcel is adjacent on all boundaries to other parcels within the same zoning classification, then there are no side or rear setback requirements. Notwithstanding the foregoing, no building or structure shall be erected nearer than twenty feet (20') from the front property line, and any public street right of way line, or private road easement line of any street, except that long established setbacks are permissible: (A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and (B) When not a corner parcel; and (C) When in a platted subdivision : LAND USE REGULATIONS (MATRIX): for establishment : LAND USE REGULATIONS (MATRIX): ZONING AND LAND USE MATRIX Zoning Classification Private Roads and Driveways Serving Two Properties A R-R R-1 R-2 C-1 C-2 M-1 M-2 D D D D D D Commented [CS27]: Private Roads and Driveways Serving Two Properties added as a use on the matrix : JURISDICTION: These regulations shall apply to the subdividing of all land within the unincorporated parts of the county and shall include the following: (1) The subdivision of land into more than four (4) lots, parcels or tracts since September 6, 1979, for transfer of ownership or development. (2) Any change to a recorded plat. (3) The following are exceptions to the subdivision requirements of this article: A. A parcel, resulting from the subdivision of land, that is used exclusively for agricultural purposes (on which there is no permanent dwelling) and is described on the deed, whether including or excluding a public right of way, and consists of one-fourth ( 1 / 4) of one-fourth ( 1 / 4) of a section of land or forty (40) or more acres. 8

10 B. An allocation of land in the settlement of an estate or a court decree for the distribution of property thereunder with the limitation that the land may not be divided into more than four (4) parcels with a minimum size per parcel to be five (5) acres. C. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code and when the dedication of a right of way for public purposes is initiated by a public body. D. Simple changes to a recorded plat in accordance with section of this article. E. A lot or parcel created for the exclusive use of a public or private school, other political subdivisions, or public or private utility facilities. F. Land that is divided into fewer than five (5) parcels from the original parcel and all of the following have been provided to DSD: 1. An approved irrigation plan, if applicable; 2. Proof that any required conditions of county approvals are met; 3. A record of survey, with metes and bounds descriptions of all lots, that shows access from each parcel lot to a publicly maintained road either from frontage on the publicly maintained road or by instrument number of a recorded ingress/egress easement complies with the requirements of of this article, and that includes all required utility easements; 4. Proof that the land does not contain slopes greater than fifteen percent (15%); and Commented [CS28]: This has been changed to reflect the standards of the section. 5. Written approval of a site plan from the fire, highway and health districts having jurisdiction : SIMPLE CHANGES TO RECORDED PLAT: This chapter establishes the procedure and requirements for making simple changes to a recorded plat when not involving a vacation or dedication of a public roadstreet right of way or private road easement : MINOR REPLATS AND AMENDMENTS: Commented [CS29]: Terms changed to reflect terms in code This section establishes the procedure and requirements for making minor modifications to a previously recorded subdivision plat or portion of a plat, when the modification cannot be accomplished as a simple change to a recorded plat in accordance with section of this article. A minor correction on a final plat or an amendment that does not create a new lot or alter the character or purpose of a subdivision, may be made by application to the director who shall determine the validity of the requested correction and record, at the applicant's expense, any approved change. A new mylar and signature page reflecting the correction or amendment shall be required. Minor modifications include insignificant changes in wording, corrections, adjustments between platted and unplatted parcels, consolidations and lot line adjustments for up to five (5) lots where easements not utilized are adjusted with the lot line. Substantial changes to a recorded plat must comply with the requirements of section of this article, and may not be accomplished through the provisions of this section. Substantial changes include those that would affect the location of public streets or private roads, septic systems, building envelopes, no build 9 Commented [CS30]: Terms changed to reflect terms in code

11 envelopes, easements or utilities that are currently utilized; adjustments that would create additional lots; adjustments that would affect more than five (5) lots; or significant changes in plat language that might affect a property owner's use of their land, or of commonly held land or easements : REQUIRED IMPROVEMENTS: (1) Road Improvements: A. Private roads: 1. Private roads must be a numbered lot and constructed in accordance with section of this chapter. 2. A minimum private road lot width of sixty feet (60') is required. This requirement may be reduced to a width not less than fifty feet (50'), in accordance with subsection (1)(D). 3. Curbs and gutters, if required by the Board, may be either rolled or vertical style and must be a minimum width of two feet (2'). Sidewalks must be a minimum width of four feet (4'). Both curb and gutter shall be constructed using three-fourths inch ( 3 / 4") aggregate in the concrete mix. B. Public Streets: (1) Public streets, including curbs, gutters and sidewalks, shall be constructed in accordance with the requirements of the applicable highway district or, if within an area of city impact, the requirements adopted by in Chapter 9 of the Code. (2) Subdivision Improvements: The commission or hearing examiner may recommend and the board may require improvements in the subdivision, for example curbs, gutters, sidewalks, streetlights, ribbon curbing, swales, and stormwater retention and disposal. Commented [CS31]: Term added to reflect code terminology Commented [CS32]: Standards moved from Waiver requirements now in (1)(D). Commented [CS33]: Existing standards relocated from (4). Language added allowing the Board to waive this requirement. Commented [CS34]: Standard added to reflect requirements of Area of City Impact Agreements (3) Road Names: Road name signs and traffic control signs shall be installed by the developer in appropriate locations such as where roads and streets intersect and are approved by the local highway district having jurisdiction. (4) Curb, Gutters And Sidewalk Improvements (If Required): Curbs and gutters may be either rolled or vertical style. They must be a minimum width of two feet (2'). Sidewalks must be a minimum width of four feet (4'). Both curb and gutter shall be constructed using three-fourths inch ( 3 / 4") aggregate in the concrete mix. (54) Other Improvements: All other improvements required as conditions of approval shall be completed. Commented [CS35]: Deleted and moved to (A)(3) 10

12 ADOPTED this day of, 20. Board of Commissioners By: Steven J. Rule, Commissioner By: Craig L. Hanson, Commissioner By: Tom Dale, Commissioner ATTEST: Chris Yamamoto, Clerk PUBLISHED: O:\PLANNING\Ordinances\2015\DraftZOARoadStds.doc 11

13 Comments Public Comments: Comments from the public were not received. Agency Comments: Agency Comments were received from the Nampa Highway District (exhibit 7), the Canyon Highway District (exhibit 8), the Idaho Transportation Department (exhibit 9), the Ten Davis Recreation District (exhibit 10), the Wilder School District (exhibit 11), and the Idaho Department of Environmental Quality (exhibit 12). Recommendation Staff recommends the Planning and Zoning Commission, upon review of proposed ZOA-PH Zoning Ordinance Text Amendments, and in consideration of testimony provided at the public hearing, recommend that the Board of County Commissioners approve the proposed zoning ordinance amendment.

14 Planning and Zoning Commission Amendment of Zoning Ordinance Development Services Department September 3, 2015 Findings of Fact, Conclusions of Law, and Order Amendment of the Zoning Ordinance Findings of Fact and Conclusion of Law 1. The public hearing shall be conducted in accordance with CCZO Articles 5 and 6, and Idaho Code and The request is not subject to the regulatory taking analysis provided for by section There is no evidence that would demonstrate that the requested amendments are contrary to the Comprehensive Plan or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction. 4. In accordance with Code (4)(A), the Commission shall consider the Comprehensive Plan and other evidence gathered through the public hearing process. Order Based upon the Findings of Fact, Conclusions of Law contained herein, the Planning and Zoning Commission recommends approval of case ZOA-PH to the Board of County Commissioners. APPROVED this day of, PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO David Scheurer, Chairman State of Idaho ) SS County of ) On this day of, in the year 2015, before me Stephanie Hailey, a notary public, personally appeared David Scheurer, 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: ZOA-PH My Commission Expires: Exhibit 1: FCOs Page 1 of 1

15 ORDINANCE NO. 15- AN ORDINANCE AMENDING CANYON COUNTY CODE, CHAPTER 7, SECTION TO MODIFY THE DEFINITION OF RIGHT-OF-WAY AND ROAD, AMENDING SECTION TO UPDATE THE REFERENCE TO ROAD IMPROVEMENTS AND MINOR WORDING CHANGES, AMENDING SECTION TO UPDATE THE REFERENCE TO ROAD IMPROVEMENTS AND CORRECT PUNCTUATION, AMENDING SECTION PRIVATE ROAD AND DRIVEWAY REQUIREMENTS TO UPDATE THE STANDARDS FOR A MAINTENANCE AGREEMENT AND PROVIDE DESIGN AND CONSTRUCTION STANDARDS FOR DRIVEWAYS SERVING TWO PROPERTIES AND PRIVATE ROADS, AMENDING SECTION TO UPDATE THE REFERENCE TO PUBLIC STREETS AND PRIVATE ROADS, AMENDING SECTIONS , AND TO UPDATE THE REFERENCE TO PUBLIC STREETS AND CLARIFY THE DESCRIPTION OF SETBACK MEASUREMENTS, AND AMENDING SECTION TO PROVIDE STANDARDS FOR PRIVATE ROAD AND PUBLIC STREET IMPROVEMENTS WHEN PLATTING. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CANYON COUNTY, IDAHO, THAT CANYON COUNTY CODE, CHAPTER 7, BE AMENDED AS FOLLOWS: : DEFINITIONS ENUMERATED: DRIVEWAY: Vehicular access to one or two (2) inhabited buildings. PRIVATE ROAD: A road serving more than two (2) permanent dwellings or inhabited buildings, which is privately maintained, and not accepted for maintenance by the local highway district having jurisdiction. PUBLIC RIGHT OF WAY: Any land dedicated to the public and under the jurisdiction of a public highway agency. A public right of way can be open or closed to public travel and, where the public highway agency the highway district has no obligation to construct or maintain said right of way for vehicular traffic. ROADPUBLIC STREET: All roads, streets, alleys, or bridges open to public use and maintained by a highway district. ROAD LOT: A private road that provides access to more than two (2) lots within a subdivision : ZONING AMENDMENT CRITERIA: (1) The commission shall review the particular facts and circumstances of each proposed zoning amendment and make a recommendation regarding the same to the board. The presiding party shall make its review in terms of the following standards and shall find adequate evidence regarding the following criteria when evaluating the proposed zoning district boundary amendment: A. Is the proposed zone change generally consistent with the comprehensive plan; B. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation; 1 ZOA-PH Exhibit 2: Draft Ordinance Page 1 of 11

16 C. Is the proposed conditional rezone compatible with surrounding land uses; D. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? E. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed use; F. Does legal access to the subject property for the development exist or will it exist at the time of development; G. Does the proposed development require road public street improvements in order 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; and 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? : CONDITIONAL REZONE (6) Conditional Rezone Approval: A. Standards Of Evaluation: The presiding party shall review the particular facts and circumstances of the proposed conditional rezone. The presiding party shall apply the following standards when evaluating the proposed conditional rezone: 1. Is the proposed conditional rezone generally consistent with the comprehensive plan; 2. When considering the surrounding land uses, is the proposed conditional rezone more appropriate than the current zoning designation; 3. Is the proposed conditional rezone compatible with surrounding land uses; 4. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? 5. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate proposed use; 6. Does the proposed development require road public street improvements in order to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns.? What measures have been taken to mitigate traffic impacts?; 7. Does legal access to the subject property for the development exist or will it exist at time of development; and 2 ZOA-PH Exhibit 2: Draft Ordinance Page 2 of 11

17 8. Will the proposed conditional rezone amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? : PRIVATE ROAD AND DRIVEWAY REQUIREMENTS: (1) Frontage, Easement, Or Road Lot Required: For the purpose of providing adequate access for equipment, emergency vehicles and other services to inhabited buildings, each parcel must demonstrate access by one of the following prior to the issuance of a certificate of zoning compliance: A. Frontage: A minimum property frontage of sixty feet (60') is required along the right of way of a public road for the purpose of ingress/egress. The frontage width requirement may be reduced to a width not less than fifty feet (50') in accordance with subsection (1)(D). as determined by the director, upon consideration of the following criteria: 1. Will the proposed frontage reduction provide adequate access; 2. Do physical characteristics of the site require a reduction in the frontage width; and 3. Would approval of the request cause injury, damage or a safety hazard? B. Driveway or Private Road Application, Easement and Maintenance Agreement: 1. Applications for driveways serving two properties and all private roads shall be filed with DSD. 2. Driveways serving two properties and all private roads shall be located within Aa recorded permanent, perpetual easement, having a minimum width of sixty feet (60'), is required from the right of way of a publicly maintained road street to the property for the purpose of ingress/egress. The easement width requirement may be reduced to a width not less than twenty eight feet (28') in accordance with subsection (1)(D)., as determined by the director, upon consideration of the following criteria: A. Will the proposed easement reduction provide adequate access; B. Do physical characteristics of the site require a reduction in the easement width; and C. Would approval of the request cause injury, damage or a safety hazard? 3. Driveways serving two properties and all private roads shall have a recorded road users maintenance agreement that describes the responsible party(ies) for construction and maintenance, including repairs, and necessary improvements to accommodate additional accesses in the future. Failure to maintain a previously approved driveway or private road shall be a violation of this article subject to the enforcement procedures in section of this article. 4. All properties taking access to a private road shall be in compliance with the addressing standards in Chapter 6, Article 5. 3 ZOA-PH Exhibit 2: Draft Ordinance Page 3 of 11

18 5. The director shall approve the location for driveways serving two residences and all private roads. C. Private Road on Subdivision Plat Lot: A private road shall be shown as a separate, non-buildable lot in accordance with the requirements of of this chapter. A minimum road lot width of sixty feet (60') is required. The road lot width requirement may be reduced to a width not less than fifty feet (50'), as determined by the director, upon consideration of the following criteria: 1. Will the proposed road lot reduction provide adequate access; 2. Do physical characteristics of the site require a reduction in the road lot width; and 3. Would approval of the request cause injury, damage or a safety hazard? D. Width Reduction: The width of a parcel s road frontage, easement or private road may be reduced by the director if the reduction demonstrates all of the following: 1. Will the proposed reduction provide adequate access; 2. Do physical characteristics of the site require a width reduction; and 3. Would approval of the request cause injury, damage, or a safety hazard? (2) Fire District Road Requirements: If the most distant portion of an inhabited building is located farther than one hundred fifty feet (150') from a public or approved private road, the driveway or private road shall have an approved turnaround from the local fire district having jurisdiction. The construction of driveways or private roads longer that 150 from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire district. (3) Driveway And Private Road Requirements: A. Driveway and Private Road Design and Construction Standards: 4 ZOA-PH Exhibit 2: Draft Ordinance Page 4 of 11

19 1. Driveways and Private Roads shall be built to the following standards: New Private Roads built after 1/19/05 and existing private roads that adds new accesses such that the road has 5 or more residences Existing private roads built before 1/19/05 that add residences, but platting is not required Existing driveways built before 1/19/05 that add residences New driveways built after 1/19/05 Subbase or Ballast Base Course Plant mix pavement (ISPWC class III mix) 9 inches of minus 6 inch uncrushed aggregate (pit run) N/A N/A 9 inches of minus 6 inch uncrushed aggregate (pit run) for driveways longer than 150 feet in length; otherwise N/A 6 inches of ¾ inch crushed aggregate (gravel) 6 inch thick ¾ minus gravel base and leveling course, graded and compacted 6 inch thick ¾ minus gravel base and leveling course, graded and compacted 6 inch thick ¾ minus gravel base and leveling course, graded and compacted 2.5 inches thick for local roads serving 40 or less single family residences and 3 inches for all other uses N/A N/A N/A Surface Width 24 feet for local roads serving 40 or less single family residences and 26 feet for collector roads 20 foot wide all weather driving surface 12 foot wide all weather driving surface 12 foot wide all weather driving surface 1. Shall be constructed or improved according to the following minimum standards: (A) Six inch (6") thick three-fourths inch ( 3 / 4") minus gravel base and leveling course; (B) Graded and compacted; and (C) Twelve foot (12') wide all weather driving surface. 2. A driveway serving two (2) permanent residences shall have a recorded perpetual easement for access to both residences and a permanent and recorded road user's maintenance agreement. 5 ZOA-PH Exhibit 2: Draft Ordinance Page 5 of 11

20 2. The construction of driveways longer that 150 from the public street right-of-way line to the most distant portion of an inhabited building must be approved in writing from the applicable fire district. B. Private Road Design and Construction Standards: 1. A private road must have a recorded, permanent, perpetual easement and permanent Road Users Association or maintenance agreement. 12. Any new private road constructed after January 19, 2005, or existing private road that adds additional residencesshall be constructed according to the following minimum standards and shall be inspected and certified by engineer: Subbase or ballast Base course Plant mix pavement (ISPWC class III mix) Pavement width 9 inches of minus 6 inch uncrushed aggregate (pit run) 6 inches of 3 / 4 inch crushed aggregate (gravel) 2.5 inches thick for local roads serving 40 or less single-family residences and 3 inches for all other uses 24 feet for local roads serving 40 or less single-family residences and 26 feet for collector roads 32. Any existing private road or driveway constructed before January 19, 2005, that adds additional residences, but does not require platting, shall be improved according to the following minimum standards: Base course Surface width 6 inch thick 3 / 4 minus gravel base and leveling course, graded and compacted 20 foot wide all weather driving 2. Any private road shall be named and a sign conforming to the applicable highway district standards shall be erected and maintained at the property owners' expense. The road must have a road name approved by the director. The naming of roads shall comply with chapter 6, article 5 of this code. Verification of installation of road signs shall be provided to DSD. CB. Inspection And Certification: A driveway or private road must be constructed prior to final inspection of an inhabited building. The construction of driveways longer than 150 from a public street right-of-way to the most distant portion of an inhabited building and Pprivate roads construction mustshall be inspected and certified by the applicant's engineer prior to obtaining a certificate of occupancy. DC. Bridges: Bridges shall be inspected and certified by an engineer of the developer's choice, to have been constructed in compliance with all applicable federal, state, and local laws. DE. Cul-De-Sacs: Cul-de-sacs shall have a fifty foot (50') radius for a driving surface and a seventy foot (70') radius for right of way or easement. 6 ZOA-PH Exhibit 2: Draft Ordinance Page 6 of 11

21 : PUBLIC STREET RIGHT OF WAY WIDTHS: Public street right of way widths shall be determined and approved by the governing highway district or agency : SETBACKS; MINIMUM PARCEL OR LOT SIZE; HEIGHT REGULATIONS: 1. Front Yard: Unless the provisions of (1)A.4 apply, Ffront setbacks shall be measured from the greatest of either the front property line, public street right of way line, or private road easement line of any minor arterial or collector or local or private street. Long established setbacks are permissible: (A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and (B) When not a corner parcel; and (C) When in a platted subdivision. 2. Rear Yard: Rear setbacks shall apply except that long established existing setbacks are permissible: (A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and (B) When in a platted subdivision. 3. Corner Parcel: Front yard setback requirements are applicable on both street sidesfrom property lines along a public street and/or private road of a corner parcel with no exceptions made for long established setbacks. 4. Principal Arterial And Major Collector Preservation: (A) No building or structure shall be erected nearer than fifty feet (50') from the centerline of any major collector shown on the functional classification map unless the highway district having jurisdiction waives such setback. (B) No building or structure shall be erected nearer than seventy feet (70') from the centerline of any principal arterial shown on the functional classification map unless the highway district having jurisdiction waives such setback. 5. Front And Corner Yard: Front and corner setbacks shall be measured from the greatest of either the property line, public street right of way line, or private road easement line of any local or private street. B. Commercial And Industrial Zones: 1. Parcel Adjacent To Parcel In Unlike Zone: Setbacks on all lot lines adjacent to a parcel of any other zoning classification shall be determined by the sum of the setbacks where the zones abut, divided by two (2), when not located on section or quarter section line. 7 ZOA-PH Exhibit 2: Draft Ordinance Page 7 of 11

22 2. Parcel Adjacent On All Boundaries To Other Parcels In Like Zone: If a parcel is adjacent on all boundaries to other parcels within the same zoning classification, then there are no side or rear setback requirements. Notwithstanding the foregoing, no building or structure shall be erected nearer than twenty feet (20') from the front property line, and any public street right of way line, or private road easement line of any street, except that long established setbacks are permissible: (A) When the alignment of existing buildings is matched on two (2) or more parcels, with at least one contiguous parcel; and (B) When not a corner parcel; and (C) When in a platted subdivision : LAND USE REGULATIONS (MATRIX): for establishment : LAND USE REGULATIONS (MATRIX): ZONING AND LAND USE MATRIX Zoning Classification Private Roads and Driveways Serving Two Properties A R-R R-1 R-2 C-1 C-2 M-1 M-2 D D D D D D : JURISDICTION: These regulations shall apply to the subdividing of all land within the unincorporated parts of the county and shall include the following: (1) The subdivision of land into more than four (4) lots, parcels or tracts since September 6, 1979, for transfer of ownership or development. (2) Any change to a recorded plat. (3) The following are exceptions to the subdivision requirements of this article: A. A parcel, resulting from the subdivision of land, that is used exclusively for agricultural purposes (on which there is no permanent dwelling) and is described on the deed, whether including or excluding a public right of way, and consists of one-fourth ( 1 / 4) of one-fourth ( 1 / 4) of a section of land or forty (40) or more acres. 8 ZOA-PH Exhibit 2: Draft Ordinance Page 8 of 11

23 B. An allocation of land in the settlement of an estate or a court decree for the distribution of property thereunder with the limitation that the land may not be divided into more than four (4) parcels with a minimum size per parcel to be five (5) acres. C. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code and when the dedication of a right of way for public purposes is initiated by a public body. D. Simple changes to a recorded plat in accordance with section of this article. E. A lot or parcel created for the exclusive use of a public or private school, other political subdivisions, or public or private utility facilities. F. Land that is divided into fewer than five (5) parcels from the original parcel and all of the following have been provided to DSD: 1. An approved irrigation plan, if applicable; 2. Proof that any required conditions of county approvals are met; 3. A record of survey, with metes and bounds descriptions of all lots, that shows access from each parcel lot to a publicly maintained road either from frontage on the publicly maintained road or by instrument number of a recorded ingress/egress easement complies with the requirements of of this article, and that includes all required utility easements; 4. Proof that the land does not contain slopes greater than fifteen percent (15%); and 5. Written approval of a site plan from the fire, highway and health districts having jurisdiction : SIMPLE CHANGES TO RECORDED PLAT: This chapter establishes the procedure and requirements for making simple changes to a recorded plat when not involving a vacation or dedication of a public roadstreet right of way or private road easement : MINOR REPLATS AND AMENDMENTS: This section establishes the procedure and requirements for making minor modifications to a previously recorded subdivision plat or portion of a plat, when the modification cannot be accomplished as a simple change to a recorded plat in accordance with section of this article. A minor correction on a final plat or an amendment that does not create a new lot or alter the character or purpose of a subdivision, may be made by application to the director who shall determine the validity of the requested correction and record, at the applicant's expense, any approved change. A new mylar and signature page reflecting the correction or amendment shall be required. Minor modifications include insignificant changes in wording, corrections, adjustments between platted and unplatted parcels, consolidations and lot line adjustments for up to five (5) lots where easements not utilized are adjusted with the lot line. Substantial changes to a recorded plat must comply with the requirements of section of this article, and may not be accomplished through the provisions of this section. Substantial changes include those that would affect the location of public streets or private roads, septic systems, building envelopes, no build 9 ZOA-PH Exhibit 2: Draft Ordinance Page 9 of 11

24 envelopes, easements or utilities that are currently utilized; adjustments that would create additional lots; adjustments that would affect more than five (5) lots; or significant changes in plat language that might affect a property owner's use of their land, or of commonly held land or easements : REQUIRED IMPROVEMENTS: (1) Road Improvements: A. Private roads: 1. Private roads must be a numbered lot and constructed in accordance with section of this chapter. 2. A minimum private road lot width of sixty feet (60') is required. This requirement may be reduced to a width not less than fifty feet (50'), in accordance with subsection (1)(D). 3. Curbs and gutters, if required by the Board, may be either rolled or vertical style and must be a minimum width of two feet (2'). Sidewalks must be a minimum width of four feet (4'). Both curb and gutter shall be constructed using three-fourths inch ( 3 / 4") aggregate in the concrete mix. B. Public Streets: (1) Public streets, including curbs, gutters and sidewalks, shall be constructed in accordance with the requirements of the applicable highway district or, if within an area of city impact, the requirements adopted by in Chapter 9 of the Code. (2) Subdivision Improvements: The commission or hearing examiner may recommend and the board may require improvements in the subdivision, for example curbs, gutters, sidewalks, streetlights, ribbon curbing, swales, and stormwater retention and disposal. (3) Road Names: Road name signs and traffic control signs shall be installed by the developer in appropriate locations such as where roads and streets intersect and are approved by the local highway district having jurisdiction. (4) Curb, Gutters And Sidewalk Improvements (If Required): Curbs and gutters may be either rolled or vertical style. They must be a minimum width of two feet (2'). Sidewalks must be a minimum width of four feet (4'). Both curb and gutter shall be constructed using three-fourths inch ( 3 / 4") aggregate in the concrete mix. (54) Other Improvements: All other improvements required as conditions of approval shall be completed. 10 ZOA-PH Exhibit 2: Draft Ordinance Page 10 of 11

25 ADOPTED this day of, 20. Board of Commissioners By: Steven J. Rule, Commissioner By: Craig L. Hanson, Commissioner By: Tom Dale, Commissioner ATTEST: Chris Yamamoto, Clerk PUBLISHED: O:\PLANNING\Ordinances\2015\DraftZOARoadStds.doc 11 ZOA-PH Exhibit 2: Draft Ordinance Page 11 of 11

26 ZOA-PH Exhibit 3: Agency Notification Page 1 of 4

27 ZOA-PH Exhibit 3: Agency Notification Page 2 of 4

28 ZOA-PH Exhibit 3: Agency Notification Page 3 of 4

29 ZOA-PH Exhibit 3: Agency Notification Page 4 of 4

30 ZOA-PH Exhibit 4: Legal Notice Page 1 of 2

31 ZOA-PH Exhibit 4: Legal Notice Page 2 of 2

32 ZOA-PH Exhibit 5: Public Service Announcement Page 1 of 1

33 ZOA-PH Exhibit 6: City of Greenleaf JEPA Waiver Page 1 of 1

34 ZOA-PH Exhibit 7: Nampa Highway District Comments Page 1 of 1

35 ZOA-PH Exhibit 8: Canyon Highway District Comments Page 1 of 2

36 ZOA-PH Exhibit 8: Canyon Highway District Comments Page 2 of 2

37 ZOA-PH Exhibit 9: ITD Comments Page 1 of 1

38 ZOA-PH Exhibit 10: Ten Davis Recreation District Comments Page 1 of 1

39 ZOA-PH Exhibit 11: Wilder School District Comments Page 1 of 1

40 STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY BOISE REGIONAL OFFICE 1445 North Orchard Street Boise, ID (208) DEQ Response to Request for Environmental Comment Date: 08/27/2015 Agency Requesting Comments: Development Services Department Date Request Received: 07/30/2015 Applicant/Description: County Code Chapter 7 Amendments Private Road and Driveway Standards Thank you for the opportunity to respond to your request for comment. While DEQ does not review projects on a project-specific basis, we attempt to provide the best review of the information provided. DEQ encourages agencies to review and utilize the Idaho Environmental Guide to assist in addressing project-specific conditions that may apply. This guide can be found at The following information does not cover every aspect of this project; however, we have the following general comments to use as appropriate: 1. Air Quality Please review IDAPA for all rules on Air Quality, especially those regarding fugitive dust ( ), trade waste burning ( ), and odor control plans ( ). For questions, contact David Luft, Air Quality Manager, at IDAPA requires an owner or operator of a facility to obtain an air quality permit to construct prior to the commencement of construction or modification of any facility that will be a source of air pollution in quantities above established levels. DEQ asks that cities and counties require a proposed facility to contact DEQ for an applicability determination on their proposal to ensure they remain in compliance with the rules. For questions, contact the DEQ Air Quality Permitting Hotline at Wastewater and Recycled Water DEQ recommends verifying that there is adequate sewer to serve this project prior to approval. Please contact the sewer provider for a capacity statement, declining balance report, and willingness to serve this project. IDAPA and IDAPA are the sections of Idaho rules regarding wastewater and recycled water. Please review these rules to determine whether this or future projects will require DEQ approval. IDAPA is the section of Idaho rules regarding subsurface disposal of wastewater. Please review this rule to determine whether this or future projects will require permitting by the district health department. ZOA-PH Exhibit 12: IDEQ Comments Page 1 of 4