Planning and Zoning Commission Staff Report Shannan & Latrica Mays -Conditional Use Permit - CU

Transcription

1 Planning and Zoning Commission Staff Report Shannan & Latrica Mays -Conditional Use Permit - Hearing Date: January 17, 2019 Development Services Department Applicant: Shannan & Latrica Mays Staff: Jennifer Almeida, jalmeida@canyonco.org Tax ID: R39348 Current Zone: A (Agricultural) Comprehensive Plan: 2020 Canyon County Comprehensive Plan Future Land Use Designation: Agricultural Impact Area: Not Within Lot Size/Project Area: Approximately 1.36 acres Applicable Zoning Land Use Regulations: CCZO , Notification 11/29/18 Agencies 12/30/18 Publication 12/20/18 Radius Notice 1/3/19 Posting (on or before) Exhibits: 1. FCOs 2. Applicant Letter of Intent 3. Site Plan 4. Neighborhood meeting list 5. Small Air Photo 6. Vicinity Map 7. Zoning Map 8. Subdivision Map 8A. Lot Report 9. Soil Map 10. Prime Farmland Map 11. Canyon County Future Land Use 12. Lot Classification Map 13. Nitrate Priority Area Map 14. Notus Parma Highway District No Example of a park model home (picture) Request Shannan & Latricia Mays are requesting a Conditional Use Permit for an RV Park to allow two (2) park model RV s to be located on the property which is approximately 1.36 acres in size. The subject property, R39348 is located at Pearl Rd., Parma, Idaho, in a portion of the SE ¼ of Section 19, T6N, R5W, BM, Canyon County, Idaho. Background The subject property is currently zoned A (Agricultural). An RV Park is allowed through conditional use approval in an A (Agricultural) zone subject to conditions. The subject property is not located within an Area of City Impact. Analysis The applicant is requesting a conditional use permit for an RV Park to allow two (2) park model RVs to be located on the subject property. If approved, conditions could be placed on the CUP which would restrict the number of RV s on site to only the two (2) the applicant is requesting. Park Model Rv s (PMRVs) are required to be titled and registered. Idaho Code (2) defines park model RV as a recreational vehicle that is designed to provide temporary accommodations for recreational, camping, or seasonal use, is built on a single chassis, was originally mounted on wheels, has a gross trailer area not exceeding four hundred (400) square feet in the set up mode and is certified by its manufacturer as complying with the American National Standards Institute (ANSI) A119.5 Standard for Recreational Park trailers, and includes park models, park trailers, and recreational park trailers. Therefore, a conditional use permit for an RV Park would be required before the homes can be located on the property. The surrounding area primarily residential and agricultural in nature. There are eight (8) platted subdivisions within one (1) mile of the site. Locating two (2) park model RV s on the property, would not introduce an incompatible land use, as conditioned. Notus Parma Highway District No. 2 recommended a shared approach be utilized for access to the site. The shared access will be required to meet current ACCHD standards, including, but not limited to installation of an approved culvert pipe (Exhibit 14). Staff has recommended a condition in the proposed FCOs (Exhibit 1) which will require that the applicant meet all highway district requirements prior to any RV being located on the site. Documentation of highway district approval will be required to be submitted to Development Services Department. There is currently a well located on the subject property and the applicant intends to utilize the well to supply domestic water to both RV s. A well user s agreement will be required to be recorded prior to any RV being located on the site. A copy of the agreement will be required to be submitted to Shannan & Latricia Mays Staff Report

2 Development Services Department, per the recommended conditions found in Exhibit 1. The subject property is not located within a Nitrate Priority Area (Exhibit 13). The applicant indicated there is an existing septic system on site. The applicant will be required to adhere to Southwest District Health Department requirements prior to any new or upgraded septic system (s) being located on the property. Approval from Southwest District Health shall be submitted prior to any RV s being located on site to verify that the existing system is sufficient and/or any new systems have been permitted, as per recommended conditions found in Exhibit 1. Shannan & Latricia Mays Staff Report

3 Conditional Use Permit Criteria Standard of Review for Conditional Use Permit ( ) A. Is the proposed use permitted in the zone by conditional use permit? An RV Park is an allowed use with a conditional use permit in the A (Agricultural) zone per CCZO B. What is the nature of the request? The applicant is requesting a conditional use permit for an RV Park, to locate two (2) park model RV s on the subject property which is located at Pearl Rd., Parma, Idaho. C. Is the proposed use consistent with the Comprehensive Plan? The use is consistent with the following Canyon County Comprehensive Plan goals & policies: Property Rights Policy No. 1 No person shall be deprived of private property without due process of law. Property Rights Policy No. 11 Property owners shall not use their property in a manner that negatively impacts upon surrounding neighbors or neighborhoods. As restricted by the conditions of approval, only two (2) park model RV s could be located on the site. The site would be utilized as represented in the applicant s letter of intent (Exhibit 2). Population Policy No. 3- Encourage future population to locate in areas that are conducive for residential living and that do not pose an incompatible land use to other land uses. The proposed use for two (2) park model RV s on site will not pose an incompatible land use, as conditioned. Land Use Goal No. 5- Achieve a land use balance, which recognizes that existing agricultural uses and nonagricultural development may occur in the same area. The area is a mix of agricultural and residential uses. The addition of two (2) park model RV s on the subject property will not interfere with the current agricultural/residential balance that currently exists in the area. Public Services, Facilities & Utilities Policy No. 3- Encourage the establishment of new development to be located within the boundaries of a rural fire protection district. The subject property is located within Parma Fire District. Transportation Policy No. 13 Ensure that all new development is accessible to regularly maintained roads for fire protection and emergency services purposes. The subject property has frontage on two (2) public roads. Housing Goal No. 1 Encourage opportunities for a diversity of housing choices in Canyon County. As conditioned, the conditional use permit would allow two (2) park model RVs to be located on the property as housing for the applicant (s). D. Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area? The proposed use, as conditioned to only two (2) RV s on the site will not be injurious to other property in the immediate vicinity and will not have a negative impact to the essential character of the area. The essential character of the area is primarily residential and agricultural in nature as shown on Exhibit 5. Shannan & Latricia Mays Staff Report

4 E. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use; The applicant s letter of intent, Exhibit 2, indicates that there is a well located on the property that will be utilized to supply domestic water to both RVs. The applicant s letter of intent indicates there is an existing septic system located on the subject property. Approval from Southwest District Health Department will be required to be submitted to DSD prior to any RV s being located on the property to ensure the existing system and/or any new systems meet all SWDH requirements. As noted in the applicant s letter of intent, Exhibit 2, there are no surface water rights for the property. Any small lawn areas will be irrigated via the domestic well on site. Idaho Code allows domestic wells to be utilized for irrigation of up to ½ acre. F. Does legal access to the subject property for the development exist or will it exist at the time of development? The property has frontage on Pearl Rd., and Ada Ln., both of which are public roads. Notus Parma Highway District No. 2 recommended a shared approach be utilized for access to the site. The shared access will be required to meet current ACCHD standards, including, but not limited to installation of an approved culvert pipe (Exhibit 14). Staff has recommended a condition in the proposed FCOs (Exhibit 1) which will require that the applicant meet all highway district requirements prior to any RV being located on the site. Documentation of highway district approval will be required to be submitted to Development Services Department. G. Will there be undue interference with existing or future traffic patterns? Evidence has not been provided that would indicate the proposal would create undue interference with existing or future traffic patterns. H. 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? Canyon County Ambulance District, Parma School District, Parma Fire Department, Canyon County Sheriff, and Farmer s Cooperative Ditch Company were notified of the request and did not provide responses to indicate that the proposed conditional use permit would have a negative impact. Comments Public Comments At the time this report was completed, staff had not received comments from the public. County Agency Comments Staff informed applicable agencies of the proposal and the responses 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 request 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. Shannan & Latricia Mays Staff Report

5 Significant Impacts No significant impacts have been identified for this application. 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 conditional use permit request for an RV Park, to locate two (2) park model RV s on the subject property, and have provided findings of fact, conclusions of law and conditions of approval for the Planning and Zoning Commission s consideration found in Exhibit 1. Shannan & Latricia Mays Staff Report

6 Canyon County Planning & Zoning Commission Shannan & Latricia Mays, Development Services Department Findings of Fact, Conclusions of Law, Conditions of Approval and Order Findings of Fact 1. The applicant is requesting a Conditional Use Permit for an RV Park, to locate two (2) park model RV s on the property. 2. The subject property, R39348 is located at Pearl Rd., Parma, Idaho, in a portion of the SE ¼ of Section 19, T6N, R5W, BM, Canyon County, Idaho. 3. The property is zoned A Agricultural. 4. The property is not located within an Area of City Impact. 5. The subject property is located within Notus Parma Highway District No. 2, Parma Fire District, Farmer s Cooperative Ditch Company, and Parma School District. 6. The subject property is designated as Agricultural on the 2020 Canyon County Future Land Use Map. 7. The neighborhood meeting was held on 10/14/18 in accordance with CCZO Notice of the public hearing was provided in accordance with CCZO Agency notice was provided on 11/29/18, Newspaper notice was provided on 12/30/18, property owners within 300 were notified by mail on 12/20/18, and the property was posted on or before 1/3/ The record herein consists of exhibits provided as part of the public hearing staff report, exhibits submitted during the public hearing on January 17, 2019, and all information in case file. Conclusions of Law For case file the Planning and Zoning Commission finds and concludes the following regarding the Standards of Review for Conditional Use Permit ( ). A. Is the proposed use permitted in the zone by conditional use permit? Conclusion: The proposed use is permitted in the zone by conditional use permit. Finding: An RV park is an allowed use with a conditional use permit in the A (Agricultural) zone per CCZO B. What is the nature of the request? The applicant is requesting a conditional use permit for an RV Park, to locate two (2) park model RV s on the subject property which is located at Pearl Rd., Parma, Idaho. C. Is the proposed use consistent with the Comprehensive Plan? Conclusion: The proposed use is consistent with the Comprehensive Plan. Finding: policies: The use is not consistent with the following Canyon County Comprehensive Plan goals & Property Rights Policy No. 1 No person shall be deprived of private property without due process of law. Shannan & Latricia Mays EXHIBIT 1 Page 1 of 5

7 Property Rights Policy No. 11 Property owners shall not use their property in a manner that negatively impacts upon surrounding neighbors or neighborhoods. As restricted by the conditions of approval, only two (2) park model RV s could be located on the site. The site would be utilized as represented in the applicant s letter of intent (Exhibit 2). Population Policy No. 3- Encourage future population to locate in areas that are conducive for residential living and that do not pose an incompatible land use to other land uses. The proposed use for two (2) park model RV s on site will not pose an incompatible land use, as conditioned. Land Use Goal No. 5- Achieve a land use balance, which recognizes that existing agricultural uses and non-agricultural development may occur in the same area. The area is a mix of agricultural and residential uses. The addition of two (2) park model RV s on the subject property will not interfere with the current agricultural/residential balance that currently exists in the area. Public Services, Facilities & Utilities Policy No. 3- Encourage the establishment of new development to be located within the boundaries of a rural fire protection district. The subject property is located within Parma Fire District. Transportation Policy No. 13 Ensure that all new development is accessible to regularly maintained roads for fire protection and emergency services purposes. The subject property has frontage on two (2) public roads. Housing Goal No. 1 Encourage opportunities for a diversity of housing choices in Canyon County. As conditioned, the conditional use permit would allow two (2) park model RVs to be located on the property as housing for the applicant (s). D. 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 will not be injurious to other property in the immediate vicinity and will not change the essential character of the area. Finding: The proposed use will not be injurious to other property in the immediate vicinity and will not have a negative impact to the essential character of the area. The proposed use, as conditioned to only two (2) RV s on the site will not be injurious to other property in the immediate vicinity and will not have a negative impact to the essential character of the area. The essential character of the area is primarily residential and agricultural in nature as shown on Exhibit 5. E. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use; Conclusion: Adequate utilities will be required to be provided to accommodate the use. Finding: The applicant s letter of intent, Exhibit 2, indicates that there is a well located on the property that will be utilized to supply domestic water to both RVs. The applicant s letter of intent indicates there is an existing septic system located on the subject property. Approval from Southwest District Health Department will be required to be submitted to DSD prior to any RV s being located on the property to ensure the existing system and/or any new systems meet all SWDH requirements. As noted in the applicant s letter of intent, Exhibit 2, there are no surface water rights for the property. Any small lawn areas will be irrigated via the domestic well on site. Idaho Code allows domestic wells to be utilized for irrigation of up to ½ acre. Shannan & Latricia Mays EXHIBIT 1 Page 2 of 5

8 F. Does legal access to the subject property for the development exist or will it exist at the time of development? Conclusion: The property has frontage on Pearl Rd. and Ada Ln, both of which are public roads. Finding: Notus Parma Highway District No. 2 recommended a shared approach be utilized for access to the site. The shared access will be required to meet current ACCHD standards, including, but not limited to installation of an approved culvert pipe (Exhibit 14). Staff has recommended a condition in the proposed FCOs (Exhibit 1) which will require that the applicant meet all highway district requirements prior to any RV being located on the site. Documentation of highway district approval will be required to be submitted to Development Services Department. G. Will there be undue interference with existing or future traffic patterns? Conclusion: There will be no undue interference with existing or future traffic patterns. Finding: Evidence has not been provided that would indicate the proposal would create undue interference with existing or future traffic patterns. 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 and this application will not negatively impact existing services or require additional public funding. Finding: Canyon County Ambulance District, Parma School District, Parma Fire Department, Canyon County Sheriff, and Farmer s Cooperative Ditch Company were notified of the request and did not provide responses to indicate that the proposed conditional use permit would have a negative impact. Shannan & Latricia Mays EXHIBIT 1 Page 3 of 5

9 Order Based upon the Findings of Fact, Conclusions of Law and Conditions of Approval contained herein the Planning and Zoning Commission approves Case #, a request for a Conditional Use Permit for an RV Park, for two (2) park model RV s to be located on the subject property, parcel no. R39348 subject to the following conditions: 1. The uses shall comply with all federal, state, and local laws, ordinances, rules, and policies. 2. No more than two (2) park model RV s shall be located on the subject property. 3. The applicant shall meet all requirements of Notus Parma Highway District No. 2 for access to the property. The applicant shall provide approval (s) to Development Services Department, from the Notus Parma Highway District No. 2, including but not limited to, approach permits prior to locating any RV s on site. 4. The shared driveway shall meet CCZO construction standards for a driveway, serving two (2) residences. 5. Pursuant to CCZO (1) 3, a recorded road users maintenance agreement that describes the responsible parties for construction and maintenance, including repairs, and necessary improvements to accommodate additional accesses in the future. The agreement shall also list any construction warranties applicable to the specific driveway or private road. A copy of the recorded agreement shall be provided to Development Services Department prior to any RV s being located on the property. 6. A well user s agreement shall be recorded for the shared well on the site to ensure that each user s rights for use and responsibilities for maintenance of the well are established. A copy of the recorded agreement shall be provided to Development Services Department prior to any RV s being located on the property. 7. The applicant shall meet the rules & requirements of Southwest District Health Department for septic systems on the site. Southwest District Health approvals shall be submitted to Development Services Department prior to RV s being located on site. Said approvals would be for any existing or new septic systems on the site to ensure that any existing system meets the sizing requirement for the proposed use and any new septic systems are located per SWDH regulations. 8. The RV s shall be required to be maintain a license and registration as per Idaho Code Each RV shall be located per the setback requirements in the A (Agricultural) zone. The Agricultural zone requires a 30 ft. front setback, 10 ft. side setback, and 20 ft. rear setback from property lines. APPROVED this day of, PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO Chairman, Richard Hall Shannan & Latricia Mays EXHIBIT 1 Page 4 of 5

10 State of Idaho ) County of Canyon County ) SS On this day of, in the year of 2019, before me, a notary public, personally appeared, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he (she) executed the same. Notary: My Commission Expires: Shannan & Latricia Mays EXHIBIT 1 Page 5 of 5

11 APPLICANT S LETTER OF INTENT: Shannan & Latricia Mays EXHIBIT 2

12 Shannan & Latricia Mays EXHIBIT 2

13 Shannan & Latricia Mays EXHIBIT 2

14 Shannan & Latricia Mays EXHIBIT 3

15 Shannan & Latricia Mays EXHIBIT 4

16 Shannan & Latricia Mays EXHIBIT 4

17 Shannan & Latricia Mays EXHIBIT 5

18 Shannan & Latricia Mays EXHIBIT 6

19 Shannan & Latricia Mays EXHIBIT 7

20 Shannan & Latricia Mays EXHIBIT 8

21 Shannan & Latricia Mays EXHIBIT 8A

22 Shannan & Latricia Mays EXHIBIT 9

23 Shannan & Latricia Mays EXHIBIT 10

24 Shannan & Latricia Mays EXHIBIT 11

25 Shannan & Latricia Mays EXHIBIT 12

26 Shannan & Latricia Mays EXHIBIT 13

27 Shannan & Latricia Mays EXHIBIT 14

28 Example of a Park Model Home: Anthens 503 model Shannan & Latricia Mays EXHIBIT 14