AAAA. Planning and Zoning Staff Report Lake Shore Land Holdings, LLC CU-PH Analysis

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1 AAAA Planning and Zoning Staff Report Lake Shore Land Holdings, LLC CU-PH Hearing Date: April 21, 2016 Development Services Department Applicant: BRS Architects/Cindy Huebert Staff: Kyle McCormick, Tax ID: R , R Current Zone: C1 Neighborhood Commercial Lot Size/Project Area: 5.53 acres Current Uses: N/A Applicable Zoning Land Use Regulations: Conditional Use Permits Definitions Land Use Regulations Notification: May 20, 2016 Property Owners May 16, 2016 Nampa JEPA May 17, 2016 Agencies May 30, 2016 Legal May 20, Posting Exhibits: 1. FCO s 2. Aerial Photo 3. Applicant s letter of intent 4. Proposed Site Plan 5. Land Use Worksheet 6. Neighborhood Meeting Sign Up Sheet 7. Agency Comment Nampa Highway District #1 8. Agency Comment Idaho Department of Transportation Request Lake Shore Land Holdings, LLC represented by BRS architects is requesting a conditional use permit for a vehicle fueling station with a convenient store and attached feed store on parcels R & R The proposed development is located northwest of the intersection of Lake Shore Dr. and Hwy 45 on lots 2 & 3 of BC Six Subdivision, Canyon County, Idaho. Background This property was rezoned from A (Agricultural) to C-1 in 2002 and was approved for a subdivision plat (BC Six-SD ) in The property is assigned the Commercial Designation on the Comprehensive Plan Future Land Use Map (See Exhibit #1). The applicant has proposed to consolidate parcels R & R utilizing an existing approach on the northeast corner of the property and develop a new shared access on the southwest portion of the site. Analysis To approve a conditional use permit, Canyon County Code requires the Commission to make the following findings: (1) Is the proposed use permitted in the zone by conditional use permit; (2) What is the nature of the request; (3) Is the proposed use consistent with the comprehensive plan; (4) Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area; (5) Will adequate water, sewer, irrigation, drainage and stormwater drainage facilities, and utility systems be provided to accommodate the use; (6) Does legal access to the subject property for the development exist or will it exist at the time of final plat; Lake Shore Land Holdings, LLC CU-PH Page 1

2 (7) Will there be undue interference with existing or future traffic patterns; and (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? If a conditional use is approved, Canyon County Code allows the Commission to attach conditions, including, but not limited to the following: (1) Minimize adverse impact, such as damage, hazard, and nuisance, to persons or the subject property or property in the vicinity; (2) Control the sequence and timing of development; (3) Control the duration of development; (4) Designate the exact location and nature of development; (5) Require the provision for on site or off site public facilities or services; (6) Require more restrictive standards than those generally required in this chapter; or (7) Mitigate the negative impacts of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the county (1) USE PERMITTED BY ZONE, DEFINITIONS, LAND USE REGULATIONS (MATRIX) A vehicle service and/or fueling station is defined by Canyon County Code as Premises used for the sale and delivery of petroleum products and parts such as fuel, lubrication oils, tires, and incidental vehicular accessories and related services, including minor motor vehicle repairs and/or rental of vehicles. The proposed use meets this definition (See Exhibit #3). Canyon County Code Land Use Regulations (Matrix) lists the allowed, conditionally permitted, and prohibited uses within the County. A vehicle fueling station with convenience store is listed as conditionally permitted in the C1 Neighborhood Commercial zone (2) NATURE OF THE REQUEST The nature of the applicant s request is to establish a vehicle fueling station with convenience store and attached feed store. (See Exhibit #3) (3) CONSISTENCY WITH COMPREHENSIVE PLAN Staff concludes the proposed uses are in conformance with the Comprehensive Plan. The subject property is located in the Commercial Designation of the Canyon County Comprehensive Plan Future Land Use Map. The Land Use Classifications Section of the Plan describes the Neighborhood Commercial Designation as intended to provide for commercial uses that can provide for a variety of commercial uses that provides goods and services to businesses, travelers and residents of the county, The proposed Lake Shore Land Holdings, LLC CU-PH Page 2

3 vehicle fueling station with convenience store and attached feed store as proposed will provide a good service to businesses, travelers and the residents of Canyon County. In addition, staff has determined the following Comprehensive Plan Goals and Policies are relevant to all uses in this case: Property Rights Policy No. 1- No person shall be deprived of private property without due process of law. The proposed application does not deprive property owners of private property. Property Rights Policy No. 8- Promote orderly development that benefits the public good and protects the individual with a minimum of conflict. A conditional use permit enables the Commission to place conditions that benefits the public good and protects the applicant and surrounding property owners. 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 conditional use permit process enables the Commission to mitigate potential negative impact of uses on surrounding properties. 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. Requiring a conditional use permit for this use enables the county to control for orderly growth and determine the compatibility of a use with surrounding properties. Land Use Component Goal No. 3- Use appropriate techniques to mitigate incompatible land uses. The conditional use permit process enables the Commission to determine if a land use is compatible with surrounding uses. Land Use Component 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 uses will not interfere with existing agricultural and residential uses and contributes to a land use balance in the area (4) IMPACT OF PROPOSED USE ON OTHER PROPERTY AND CHARACTER OF AREA; Staff has concluded the use should not be injurious to other property or negatively affect the character of the area, provided conditions are placed upon its use. The property is surrounded by a mix of commercial and agricultural properties and fits within the fabric of the comprehensive plan land use designation. The proposed vehicle fueling stations are to be located on the southern portion of the property and the c- store/feeding store is located in the center of the property overlaying current property lines. The parcels in question are directly adjacent to other neighborhood commercial (C1) properties and are buffered with several larger Service Commercial (C2) zoned properties. There lies a large amount of development in the rural residential zone, approximately a half mile north of the properties in question. A vehicle fueling station and convenient store, if operated without conditions, would directly affect the surrounding commercial and residential properties and contribute negatively to the character of the area if allowed to operate unconditioned. Staff recommends conditions of approval requiring that a traffic impact study be completed with review from Idaho Department of Transportation. Additional conditions of approval requiring a minor re-plat of the BC Six Subdivision would fix the property lines and easements that the proposed development s footprint is directly impacting. Staff also recommends that a condition of approval be that current parking requirements for retail stores be met ( ). In addition, the project Lake Shore Land Holdings, LLC CU-PH Page 3

4 must commence within three (3) years of approval of the conditional use permit and be completed within (5) years of the same date. The applicant has proposed operating hours of 5:00 AM 10:00 PM, Monday through Thursday, 5:00 AM to 11:00 PM on Friday, 7:00 AM to 11:00 PM on Saturday and 7:00 AM to 9:00 PM on Sunday. (See Exhibit 5). The applicant has also proposed up to fifteen (15) employees. The applicant proposed the use of sign at a later date to be located along Highway 45, but in the case that a sign is proposed it must meet the sign requirements for commercial zone. Staff recommends a condition of approval limiting signs to the dimensions laid out in with a maximum of (64) square feet and not exceeding 10 feet in height or approval through administrative decision (5) AVAILABILITY OF WATER, SEWER, IRRIGATION, DRAINAGE AND STORMWATER DRAINAGE FACILITIES, AND UTILITY SYSTEMS The proposed structure for the convenient store and feed store will be on a public well system with the well to be located in northwest corner. Irrigation water is available from Nampa & Meridian Irrigation District. Electricity is available from Idaho Power. Drainage and storm water are retained on site (6) ACCESS TO PROPERTY Currently, legal access exists to the property from Booker Lane., a private road. The applicant is proposing that another access point be secured through a shared access in the Southwest corner of the parcel. Per comment received by Nampa Highway District (See Exhibit #7), the developer will need to submit plans to the Nampa Highway District #1 for a formal review. Staff recommends a condition of approval requiring the applicant to submit plans to Nampa Highway District #1 for formal review. Per comment received from the Idaho Department of Transportation (ITD) (See Exhibit #8), the applicant must apply for and receive an approved Right of Way use permit. Staff recommends a condition of approval requiring the applicant to receive an approved Right of Way use permit from ITD (7) INTERFERENCE WITH EXISTING OR FUTURE TRAFFIC PATTERNS Per comment received by ITD, this development could potentially generate more than 100 new trips during the peak hour or the new volume of trips will equal or exceed one thousand (1000) vehicles per day. ITD requested that as a part of IDAPA rules, a traffic impact study be completed. Staff recommends a condition of approval requiring the applicant to complete a traffic impact study per requirements set forth by IDAPA (See Exhibit #8) (8) AVAILABILITY OF SERVICES County services are available to the parcel, including police and emergency medical services. Staff finds no evidence in the record showing the proposal would interfere with the delivery of those services PRIVATE ROAD AND DRIVEWAY REQUIREMENTS The property and proposal meets Canyon County Code (Private Road and Driveway Requirements). The property exceeds the minimum 60 feet of road frontage required for access by Canyon County Code (1)(A). Lake Shore Land Holdings, LLC CU-PH Page 4

5 07-13 OFF STREET PARKING AND LOADING REQUIREMENTS Parking requirements are triggered when the intensity of a use, structure, or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other unit of measurement requiring parking or loading facilities. If triggered, Canyon County Code lists the parking requirements of uses. The Commission can place more restrictive parking standards based on the uses. Comments Public Comment: Staff did not receive public comment regarding the application. Agency Comments: Staff notified affected agencies and the following agencies provided comment: Nampa Highway District #1 (Exhibit #7) and Idaho Department of Transportation (Exhibit #8). Options The Commission has the following options in this case: 1) The Planning and Zoning Commission may approve the conditional use permit as conditioned and/or amended; 2) The Planning and Zoning Commission may deny the conditional use permit in its entirety and direct staff to make findings of fact to support this decision; or 3) 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 Conditional Use Permit. Staff is recommending approval of the request of conditional use permit application CU-PH , as shown in the findings of fact, conclusions of law, and order in Exhibit #1. Lake Shore Land Holdings, LLC CU-PH Page 5

6 Canyon County Planning and Zoning Commission Lake Shore Land Holding, LLC CU-PH Development Services Department June 16, 2016 Findings of Fact, Conclusions of Law, and Order Lake Shore Land Holdings, LLC Findings of Fact 1. The property owner of both parcels is Lake Shore Land Holdings, LLC. 2. The subject property is located at 0 Lake Shore Dr. and 0 S. House Ave., Nampa, ID and are also known as tax parcels R & R The project area is approximately 5.52 acres. 3. The subject property is located in the C1 Neighborhood Commercial Zone. 4. The subject property is located in the Commercial Designation of the 2020 Canyon County Comprehensive Plan. 5. The proposed use is a vehicle fueling station with convenience store and attached feeding store. The use is listed as a conditional use in the C1 Neighborhood Commercial Zone per Canyon County Code (Land Use Regulations (Matrix)). 6. The subject property has access to State Highway 44 and Lake Shore Dr., a public road. 7. The subject property is located within Nampa Highway District #1, Upper Deer Flat Fire District, Nampa School District #131, and Boise Project Board of Control Irrigation District. 8. The application was noticed in accordance with Canyon County Code Property owners were noticed on May 20, Agencies were noticed on May 17, Legal noticing was completed on May 30, Property posting was completed on May 20, The record consists of exhibits 1 8 and all other documents located herein. 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? A vehicle fueling station with convenience store is permitted in the (C1) Neighborhood Commercial zone by conditional use permit ( ). 2. What is the nature of the request? The nature of the applicant s request is to operate a vehicle fueling station with convenience store (See Exhibit #2). Lake Shore Land Holdings, LLC Exhibit 1 CU-PH Page 6

7 3. Is the proposed use consistent with the Comprehensive Plan? The proposed use is consistent with, but not limited to, the following Comprehensive Plan goals and policies: The subject property is located in the Commercial Designation of the Canyon County Comprehensive Plan Future Land Use Map. The Land Use Classifications Section of the Plan describes the Neighborhood Commercial Designation as intended to provide for commercial uses that can provide for a variety of commercial uses that provides goods and services to businesses, travelers and residents of the county, The proposed vehicle fueling station with convenience store and attached feed store as proposed will provide a good service to businesses, travelers and the residents of Canyon County. Property Rights Policy No. 1- No person shall be deprived of private property without due process of law. The proposed application does not deprive property owners of private property. Property Rights Policy No. 8- Promote orderly development that benefits the public good and protects the individual with a minimum of conflict. A conditional use permit enables the Commission to place conditions that benefits the public good and protects the applicant and surrounding property owners. 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 conditional use permit process enables the Commission to mitigate potential negative impact of uses on surrounding properties. 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. Requiring a conditional use permit for this use enables the county to control for orderly growth and determine the compatibility of a use with surrounding properties. Land Use Component Goal No. 3- Use appropriate techniques to mitigate incompatible land uses. The conditional use permit process enables the Commission to determine if a land use is compatible with surrounding uses. Land Use Component 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 uses will not interfere with existing residential uses and contributes to a land use balance in the area. 4. Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area? The uses should not be injurious to property in the immediate vicinity or negatively change the essential character of the area if conditions are applied that require access to be reviewed by local and State authorities. Lake Shore Land Holdings, LLC Exhibit 1 CU-PH Page 7

8 5. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use? The proposed structure for the convenient store and feed store will be on a public well system with the well to be located in northwest corner. Irrigation water is available from Nampa & Meridian Irrigation District. Electricity is available from Idaho Power. Drainage and storm water are retained on site. 6. Does legal access to the subject property for the development exist or will it exist at the time of final plat? Legal access exists to the property from Booker Lane., a private road. The applicant is proposing that another access point be secured through a shared access in the southwest corner of the parcel. Per comment received by Nampa Highway District (See Exhibit #3), the developer will need to submit plans to the Nampa Highway District #1 for a formal review. 7. Will there be undue interference with existing or future traffic patterns? Per comment received by ITD, this development could potentially generate more than 100 new trips During the peak hour or the new volume of trips will equal or exceed one thousand (1000) vehicles per day. ITD requested that as a part of IDAPA rules, a traffic impact study be completed. 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? County services are available to the parcel, including police and emergency medical services. Evidence was not found on the record showing the proposal would interfere with the delivery of those services. Order Based upon the Findings of Fact, Conclusions of Law contained herein, the Planning and Zoning Commission APPROVES the request by Lake Shore Land Holdings, LLC for Case #CU-PH , for a vehicle fueling station with convenient store and attached feed store with the following conditions of approval: 1. The uses shall comply with all federal, state, and local laws, ordinances, rules, and policies. 2. The applicant shall be required to apply for and have approved a minor re-plat of the BC Six Subdivision to consolidate Block 1, Lots 2 and 3 and modify the private road name, property lines and easements that the proposed developments will impact. The minor replat shall be approved prior to applying for a building permit. 3. Current parking requirements for retail stores shall be met ( ). 4. All signs shall meet the dimensions laid out in with a maximum of (64) square feet and not exceeding 10 feet in height unless approval is obtained through administrative decision and shall comply with any applicable requirements of Canyon County Code, Chapter 6, Building Regulations 5. The applicant must submit plans to Nampa Highway District #1 for formal review prior to applying for a building permit. Lake Shore Land Holdings, LLC Exhibit 1 CU-PH Page 8

9 6. The applicant shall apply for and receive an approved Right of Way use permit from Idaho Department of Transportation for any work within the right-of-way of SH45 prior to applying for a building permit. 7. The applicant shall complete a traffic impact study (TIS) per requirements set forth by IDAPA and submit it to ITD prior to applying for a building permit. Any required improvements to SH45 approaches must be approved and inspected by ITD prior to issuance of a certificate of occupancy. 8. The project must commence within three (3) years of approval of the conditional use permit and be completed within (5) years of the same date. For the purposes of this permit, commencement is defined as receiving zoning compliance after submitting a building permit application. APPROVED this day of, PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO Gary Duspiva, Chairman State of Idaho ) SS County of Canyon County ) On this day of, in the year 2016, before me, a notary public, personally appeared Gary Duspiva, 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: Lake Shore Land Holdings, LLC Exhibit 1 CU-PH Page 9

10 IMAGES COURTESY OF PICTOMETRY AND WERE FLOWN IN THE FALL OF Lake Shore Land Holdings, LLC Small Air Photo HWY 45 BOOK ER LN LAKE SHORE DR Miles

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18 May 24, 2016 John Van Dyke Canyon County Development Services Department 111 N. 11 th Ave., Ste. 140 Caldwell, ID VIA RE: CU-PH LEGACY FEED AND FUEL The Idaho Transportation Department (ITD) has reviewed the referenced conditional use application for Legacy Feed and Fuel on the northwest corner of Lake Shore Drive and SH-45. ITD has the following comments and requirements: 1. ITD has no objection to a vehicle fuel station with convenience store and attached feed store being constructed at this location. 2. Applicant must apply for and receive an approved Right-of-Way use permit prior to doing any work or activity within the State highway Right-of-Way. Please have the applicant contact Tyson McCoy at for more information about an application. 3. The application indicates widening of the existing approach for Booker Lane. Any change to the existing access, including widening and use, warrants updating to current IDAPA rules for spacing. Current IDAPA rules for access spacing on a Rural District Route upstream from a public road intersection is 760 feet and between accesses other than public roads is 500 feet for full access. The Booker Lane access does not meet the spacing upstream from a public road intersection. The applicant will need to show what they are willing to construct that will maintain the safety and mobility that IDAPA rules provide. A traffic impact study will be required. 4. IDAPA rules also state a traffic impact study is required when a new or expanded development seeks direct access to a State highway, and at full build out will generate one hundred (100) or more new trips during the peak hour or the new volume of trips will equal or exceed one thousand (1000) vehicles per day. This development will exceed these volumes. A traffic impact study is required for this development. 5. No trees are allowed within ITD Right-of-Way. Only planting of forage, plants, grasses, flowers, and shrubs with a mature height not to exceed 3 feet will be allowed. 6. No rocks over 4 inches maximum size will be allowed in the ITD Right-of-Way. 7. Section of the Idaho Code restricts the placement of any hedge, shrubbery, fence, wall, or other sight obstructions of any nature where they constitute a traffic hazard at the intersection of roads with other roads, private alleys, bike or pedestrian paths when they are

19 within the vision triangle of vehicle operators. The boundaries of the vision triangle are defined as follows: a. By extending perpendicular lines along the face of curb from their point of intersection 40 feet in either direction; and b. By a height between 3 feet and 10 feet above the existing centerline highway elevation. 8. Irrigation systems shall be no closer than 5 feet from the pavement edge and shall be adjusted so as not to cause water to cover any portion of the highway pavement. 9. Provisions shall be established for the responsibility of future maintenance of any landscaping within ITD Right-of-Way. 10. Idaho Code does not allow advertising within the right-of-way of any State highway system. 11. IDAPA rules govern outdoor advertising along the State highway system. The applicant can contact Dion Burch at for more information. If you have any questions, you may contact Ken Couch at or me at Sincerely, James K. Morrison Property Manager jim.morrison@itd.idaho.gov