Mike & Sherry Dudley Rezone, RZ

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1 / Planning and Zoning Staff Report Mike & Sherry Dudley Rezone, RZ Hearing Date: April 18, 2019 Development Services Department Applicant: Mike & Sherry Dudley Staff: Deb Root, Tax ID: R Impact Area: Homedale Current Zone: RR (Rural Residential) Comprehensive Plan: 2020 CC Comprehensive Plan Future Land Use: Residential Lot Size/Project Area: 6.00 acres more or less Current Uses: Bare ground Applicable Zoning Land Use Regulations: CCZO Notification: 03/04/19-Agencies 03/18/19-Mailing 04/02/19-Publication 04/11/19-Posting (on or before) Exhibits: 1. FCO s 2. Small Aerial 3. Zoning and Classification Map 4. Zoning Map CC Future Land Use Map 6. Subdivision Map & Report 7. Small Vicinity Map 8. Nitrate Priority Map 9. TAZ Household Map 10. Golden Gate Highway Dist. 11. Southwest District Health 12. Letter of Intent & Application 13. Site Plan: Noah s Landing Sub 14. Large Aerial Request Case No. RZ : Mike and Sherry Dudley are requesting to rezone six acres, parcel R , from RR (Rural Residential) to R1 (Single Family Residential) for the purpose of completing the proposed Noah s Landing Subdivision development. The road, power and pressurized irrigation systems are installed for a six residential lot development. The subject property is located adjacent to Noahs Landing Circle, Wilder and is further described as a portion of 03-3N-5W- NW, BM, Canyon County, Idaho. Background The subject property is a legal parcel that is currently zoned Rural Residential. A preliminary plat was approved by the Board of County Commissioners (BOCC) to create a five residential lot development in May The road, power and irrigation systems were installed for the development. No final plat was submitted and the preliminary plat approval expired. At the time of application for SD the rural residential zone allowed for one acre lots. Currently the rural residential zone allows for two acre minimum average lot size. Analysis The subject property is zoned RR (Rural Residential). The property is designated as Residential on the Canyon County 2020 Comprehensive Plan Future Land Use Map (Exhibit 5). The property is located within the Homedale area of city impact. The city of Homedale is less than one mile to the southwest. The applicant is proposing to rezone the subject property to R-1 (Single Family Residential). The minimum average lot size for R-1 is one (1) acre. The subject property was approved for development of Noah s Landing Subdivision (SD ) preliminary plat on 5/25/07 by the BOCC. Subdivision improvements were completed including the road, Noah s Landing Circle, and irrigation and power were installed to each lot. In 2007 the minimum lot size for the Rural Residential zone was one acre. The current owner of the property is proposing to complete the subdivision as designed and preliminarily approved in The subject property is in an area where significant residential development has occurred. The properties to the south and west of the subject property are currently zoned rural residential (Exhibit 3). There are residential, agricultural, commercial and light industrial uses in the area. Southwest District Health has expressed that they have no concerns with the development being completed as applied for in 2007 (Exhibit 11). Golden Gate Highway District (Exhibit 10) indicated that they had no objections to the rezone. STAFF REPORT Mike and Sherry Dudley Rezone RR to R1 RZ Page 1 of 2

2 Comments Public Comments At the time of this report staff had not received any letters of support or concern regarding the proposed development. County Agency Comments Staff informed applicable agencies of the proposed rezone and the responses are attached as exhibits. Alternatives The Planning and Zoning Commission may recommend approval of the rezone as proposed; The Planning and Zoning Commission may recommend denial of the rezone as proposed and direct staff to make findings of fact to support this decision; or The Planning and Zoning Commission may continue the discussion and request additional information on specific items. Recommendation Staff recommends the Planning and Zoning Commission open a public hearing and discuss the proposed Rezone request. Staff is recommending approval and has provided a review of the Canyon County Zoning Ordinance Rezone criteria and along with the findings of fact and conclusions of law for the Planning and Zoning Commission s consideration found in Exhibit 1. STAFF REPORT Mike and Sherry Dudley Rezone RR to R1 RZ Page 2 of 2

3 Canyon County Planning and Zoning Commission Mike and Sherry Dudley Rezone, RZ Development Services Department April 18, 2019 Findings of Fact, Conclusions of Law, and Order Rezone approximately 6.00 acres from Rural Residential to Single Family Residential Findings of Fact 1. The applicant is requesting to rezone approximately 6.00 acres, from A (Agricultural) to R1 (Single Family Residential). (Exhibit 12) 2. The subject property, R , is currently zoned RR (Rural Residential) (Exhibit 3 & 4). 3. The subject property is designated residential on the Canyon County Comprehensive Plan Future Land Use Map. (Exhibit 5) 4. The subject property is located within the Homedale area of city impact. 5. There are currently no structures on the property. (Exhibit 2) 6. The property was preliminarily approved in 2007 for development case file No. SD The preliminary plat expired prior to a final plat submittal. Noah s Landing Circle (private road), power and pressurized irrigation is installed for the development of five lots on the subject property. 7. The subject property has road access to Batt Corner Road (public). 8. The subject property is located within the Golden Gate Highway District, Homedale Fire District, Homedale School District and Wilder Irrigation District. 9. The record includes all testimony, the staff report, exhibits, and documents in case file No. RZ Notice of the public hearing was provided in accordance with CCZO Agency notice was provided on 03/04/19, Newspaper notice was provided on 04/02/19, property owners within 300 were notified by mail on 03/18/19, and the property was posted on or before 04/11/19. Conclusions of Law For this request the Planning and Zoning Commission finds and concludes the following regarding the Standards of Review for a Zoning Amendment ( ): 1. Is the proposed zone change generally consistent with the comprehensive plan? Conclusion: The proposed zone change is consistent with the comprehensive plan. Finding: The Canyon County 2020 Comprehensive Plan Future Land Use Map has the subject property designated as residential (Exhibit 5). The proposed rezone from Rural Residential to Single Family Residential is consistent with the Future Land Use Map and with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to: Property Rights Policy No. 1- No person shall be deprived of private property without due process of law. Property Rights Policy No. 8- Promote orderly development that benefits the public good and protects the individual with a minimum of conflict. 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 Land Use Component: Residential development should be encouraged in or near areas of city impact or within areas that demonstrate a development pattern of residential land uses. The subject property is currently located in an area of clustered development and there are eleven platted subdivisions located within one mile of the subject property (Exh. 6). Mike and Sherry Dudley Rezone RR to R1 EXHIBIT 1 RZ Page 1 of 3

4 Land Use Component Goal No. 2- To provide for the orderly growth and accompanying development of the resources within the county that is compatible with the surrounding area. Public Services, Facilities and Utilities Policy No. 3- Encourage the establishment of new development to be located within the boundaries of a rural fire protection district. The property is located within the Homedale Fire District. 2. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation? Conclusion: The proposed zone change is as appropriate as the current zoning designation. Finding: The subject property is located within an area of clustered development that currently is zoned rural residential. The area was zoned rural residential in 1980 (Exhibit 4). The surrounding area is residential, agricultural, commercial and industrial and the property is located less than a mile from Homedale city limits (Exhibits 3 and 4). 3. Is the proposed rezone compatible with surrounding land uses? Conclusion: The proposed use is compatible with the surrounding land uses. Finding: The subject property is located in an area of residential development and is currently zoned rural residential (Exhibit 3&4). The residential development and agricultural uses are compatible. 4. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? Conclusion: The proposed use will not negatively affect the character of the area and no mitigation is proposed or warranted at this time. Finding: The subject property is located in a rural residential area. There are 11 platted subdivisions within a mile of the property and there is residential development immediately adjacent to the property. The property was approved for one acre lots in 2007 via SD (Exhibit 2, 6, &13). 5. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed use? Conclusion: Adequate sewer, drainage, and storm water drainage facilities and utility systems will be provided to accommodate the proposed use at the time of development. Finding: The developer shall meet agency requirements at the time of development. The property is not located within a high nitrate priority area (Exhibit 8). The Subdivision Engineering Report was completed during the 2007 Preliminary Plat process and SWDH indicates that no changes would be required if platted as indicated in 2007 (Exhibit 11 & 13). 6. Does legal access to the subject property for the development exist or will it exist at the time of development? Conclusion: Yes, legal access to the subject property exists via Noah s Landing Circle (private) onto Batt Corner Road (public) (Exhibit 10) Finding: The subject property has access via Noah s Landing Circle (private) onto Batt Corner Road (public). Golden Gate Highway District indicates in Exhibit 10 that the applicant will need to submit a new plat and the associated fees to the Highway District for review at the time of platting but that there is no objection to the rezone and development. Mike and Sherry Dudley Rezone RR to R1 EXHIBIT 1 RZ Page 2 of 3

5 7. Does the proposed development require road improvements to provide adequate access to and from the subject property to minimize undue interference with existing or future traffic patterns created by the proposed development? What measures have been taken to mitigate road improvements or traffic impacts? Conclusion: The rezone of the subject property will not cause undue interference with existing or future traffic patterns as proposed. Finding: Golden Gate Highway District does not object to the proposed rezone but the property owner will be required to meet Golden Gate Highway District requirements prior to and/or at the time of platting and development. (Exhibit 10) 8. Will the proposed zone change amendment impact essential public services and facilities, such as schools, police, fire and emergency medical services? What measures will be implemented to mitigate impacts? Conclusion: Essential services will be provided to accommodate the use. No mitigation is proposed at this time. Finding: The proposed use will not require additional public funding to meet the needs created by the requested use and police, fire, and emergency medical services will be provided to the property. Order Based upon the Findings of Fact, Conclusions of Law and Order contained herein the Planning and Zoning Commission recommends approval of Case # RZ , a request to rezone parcel R , approximately 6.00 acres, from RR (Rural Residential) zoned property to R1 (Single Family Residential) zone. APPROVED this day of, PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO State of Idaho ) County of Canyon County ) SS Chairman Richard Hall On this day of, in the year 2019, before me, a notary public, personally appeared, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he(she) executed the same. Notary: My Commission Expires: Mike and Sherry Dudley Rezone RR to R1 EXHIBIT 1 RZ Page 3 of 3

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