Planning and Zoning Staff Report Pestcom Pest Management LLC CU-PH

Transcription

1 AAAA Planning and Zoning Staff Report Pestcom Pest Management LLC CU-PH Hearing Date: October 6, 2016 Development Services Department Applicant: Charles F. Cooley Sr. Pestcom Pest Management LLC Staff: Dan Lister, Planner II (208) Tax ID: R34207 Current Zone: A (Agriculture) Lot Size/Project Area: 2.26 acres Current Uses: Residential Applicable Zoning Land Use Regulations: : Conditional Use Permits : Definitions : Land Use Regulations Notification: Agencies: August 26, 2016 Property Owner: September 12, 2016 Legal: September 13, 2016 Posting: September 26, 2016 Exhibits: 1. FCO s 2. Small Aerial 3. Applicants Letter of Intent and Site Plan 4. Agency Comment: Canyon Highway District #4 5. Agency Comment: Star Fire Protection District 6. Agency Comment: State of Idaho - Department of Environmental Quality Request Charles F. Cooley Sr. with Pestcom Management LLC is requesting a conditional use permit to use an existing residence and accessory structures for a contractor s shop. The parcel is located 9985 Joplin Road, Nampa, ID (Parcel No. R34207) in a portion of the SE¼ of Section 24, T4N, R2W, BM. Background The 2.26 acre unplatted parcel is designated as A (Agricultural) within the Canyon County 2020 Comprehensive Plan and Canyon County Zoning Ordinance. In 2015, the property was created into its current configuration through the approval of an administrative lot split (AD ). A wireless telecommunications facility is located on the adjacent property (Tax Parcel No. R ) owned by the same property owner. Prior to the approved lot split, the wireless facility was located on the subject property. A 12 foot easement provides access to the facility through the subject property. The applicant is proposing a contractor s shop for a pest management business (See Exhibit #3). The existing dwelling will be utilized as an office and the existing accessory structures and yard will be utilized to store pest control products, equipment and general maintenance tools. A fence will be constructed at the rear of the property, behind the existing barn, to conceal equipment, trailers and parked vehicles. Analysis Pursuant to Canyon County Code the Commission is required 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 storm-water 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; (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?

2 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), USE STANDARDS Pursuant to and $ of the Canyon County Code, a contractor s shop is a building where a contractor conducts his business, including offices and parking of equipment and employee parking, all contained within a building or site obscuring barrier. The proposed use meets this definition and requirements for a contractor s shop (See Exhibit #3). Canyon County Code , Land Use Regulations (Matrix), lists the allowed, conditionally permitted, and prohibited uses within the County. A contractor shop is listed as conditionally permitted in the A (Agricultural) zoning district (2) NATURE OF THE REQUEST The nature of the applicant s request is to establish a contractor shop for a pest management business (See Exhibit #3) (3) CONSISTENCY WITH COMPREHENSIVE PLAN Staff concludes the proposed use is in conformance with the Canyon County 2020 Comprehensive Plan. The subject property is located within the Agricultural Designation of the Canyon County Comprehensive Plan Future Land Use Map. The Land Use Classifications Section of the Plan describes the Agricultural Designation as: The agricultural land use designation is the based zone throughout Canyon County. It contains areas of productive irrigated croplands, grazing lands, feedlots, dairies, seed production, as well as rangeland and ground of lesser agricultural value. The proposed contractor shop will be established within an existing dwelling, parking area and accessory structures surrounded by active agricultural uses. However, the proposed use will not extend outside the existing area developed for the single-family dwelling and accessory structures. Therefore, the proposed contractor s shop will not utilize or impact surrounding farmland uses. 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

3 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 surrounding agricultural uses. The proposed use contributes to a land use balance in the area (4) IMPACT OF PROPOSED USE ON OTHER PROPERTY AND CHARACTER OF AREA; The applicant proposes the operating hours of 8:00am 5:00pm, Monday through Friday (See Exhibit #3). The contractor s shop will require five (5) office staff, including owners, who will be located on the subject property regularly and four (4) pest control technicians that work off-site. Two 500 gallon propane tanks will be installed; one near the dwelling and one near the barn for HVAC purposes. The applicant does not propose any business signs because the proposed contractor s shop will generate little to no customer traffic. The applicant will maintain the landscaping and existing structures to ensure consistency with the rural character of the area. An existing 600 square foot garage structure will be utilized for pest control product storage. Pursuant to comments from the State of Idaho Department of Environmental Quality, the uses is recommended to comply with the applicable regulations of the Idaho Rules and Standards for Hazardous Waste (IDAPA ), Idaho Water Quality Standards regarding storage of hazardous materials (IDAPA ) and groundwater contamination standards (IDAPA ). Based on the type of pesticides to be stored, the use does not trigger the high-hazard occupancy requirements of the building code. However, the use of a residential structure for business uses (office, product and equipment storage) must meet the current building code s requirements for business/commercial occupancy. Canyon County Code requires activity associated with a contractor s shop to be located entirely inside a building or site obscuring barrier. The business and associated activities will be located within existing buildings or located behind fencing to ensure all proposed activates are obscured from public views. Staff has concluded the use will not be injurious to other properties or negatively affect the character of the area. The property is surrounded by agricultural uses with the nearest dwelling located approximately 900 feet north of the subject property. The proposed contractor shop and activities will be located within an existing developed area of the property with little to no change necessary. The contractor shop, as proposed and conditioned, will maintain the appearance of a single-family dwelling; and therefore, would not directly affect the adjacent residential properties or contribute negatively to the character of the area (5) AVAILABILITY OF WATER, SEWER, IRRIGATION, DRAINAGE AND STORMWATER DRAINAGE FACILITIES, AND UTILITY SYSTEMS The existing dwelling is served by an existing well and septic system. The proposed use will not affect or require improvements to existing utilities or facilities (6) ACCESS TO PROPERTY Legal shared access exists to the property and adjacent property (Tax Parcel No. R ) from Joplin Road, a public road. Per comment received by Canyon Highway District (See Exhibit #4), a commercial

4 approach permit will need to be acquired. Staff recommends a condition of approval requiring the applicant to obtain a commercial approach permit prior to commencement of use (7) INTERFERENCE WITH EXISTING OR FUTURE TRAFFIC PATTERNS Comments from the Highway District indicates the use would not cause interference with existing or future traffic patterns (See Exhibit #4) (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 has an existing 28 foot joint access easement consistent with Canyon County Code (Private Road and Driveway Requirements). Other than the requirement of a commercial approach permit (See Exhibit #4), no improvements are required to the existing driveway. Comments Public Comment: Staff did not receive public comment regarding the application. Agency Comments: Staff notified affected agencies and the following agencies provided comment: - Canyon Highway District (Exhibit #4); - Star Fire Protection District (Exhibit #5); and - State of Idaho Department of Environmental Quality (Exhibit #6). 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 approve the conditional use permit application CU-PH , as shown in the findings of fact, conclusions of law, and order in Exhibit #1.

5 Canyon County Planning and Zoning Commission Pestcom Pest Management LLC CU-PH Development Services Department October 6, 2016 Findings of Fact, Conclusions of Law, and Order Charles F. Cooley Sr. with Pestcom Management LLC Findings of Fact 1. The property owners, Larry and Wanda Agenbroad Revocable Living Trust, are leasing the property to the applicant, Charles F. Cooley Sr. with Pestcom Management LLC. 2. The subject property is located at 9985 Joplin Road, Nampa ID 83687, also known as tax parcel R The parcel is approximately 2.26 acres. 3. The subject property is located in the Agricultural Designation of the 2020 Canyon County Comprehensive Plan. 4. The subject property is located in the A (Agricultural) Zoning District. 5. The proposed use is a contractor s shop. The use is listed as a conditional use in the A (Agriculture) Zone per Canyon County Code (Land Use Regulations Matrix). 6. The subject property has access to Joplin Rd., a public road. 7. The subject property is located within Canyon Highway District #4, Star Fire Protection District, Vallivue School District, and Pioneer Irrigation District. 8. The application was noticed in accordance with Canyon County Code Property owners were noticed on September 12, Agencies were noticed on August 26, Legal noticing was completed on September 13, Property posting was completed on September 26, The record consists of exhibits 1 6 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 contractor s shop is permitted in the Agricultural zoning district subject to a conditional use permit ( ). On August 12, 2016, a condition use permit application was submitted by the applicant.

6 2. What is the nature of the request? The nature of the applicant s request is to operate a contractor s shop within the existing structures and area established for the single-family dwelling (See Exhibit #3). 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 within the Agricultural Designation of the Canyon County Comprehensive Plan Future Land Use Map. The Agricultural Designation is described as The based zone throughout Canyon County. It contains areas of productive irrigated croplands, grazing lands, feedlots, dairies, seed production, as well as rangeland and ground of lesser agricultural value. The proposed use will not extend outside the existing area established for the single-family dwelling and accessory structures and will maintain the rural character existing within the surrounding area. Therefore, the proposed contractor s shop will not utilize or impact surrounding farmland production. 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 or agricultural uses and contributes to a land use balance consistent with the rural character of the area.

7 4. Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area? As proposed and conditioned, the contractor shop will not be injurious to property in the immediate vicinity or negatively change the essential character. 5. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use? The existing dwelling is served by an existing well and septic system. The proposed use will not affect or require improvements to existing utilities or facilities. 6. Does legal access to the subject property for the development exist or will it exist at the time of final plat? Legal shared access exists to the property and adjacent property (Tax Parcel No. R ) from Joplin Road, a public road under the jurisdiction of the Canyon Highway District #4. Per comment received by Canyon Highway District (See Exhibit #4), a commercial approach permit will need to be acquired prior to the commencement of use. 7. Will there be undue interference with existing or future traffic patterns? Upon review by the Canyon Highway District did not indicate there would be interference with existing or future traffic patterns (See Exhibit #4). 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 currently 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 Charles F. Cooley Sr. with Pestcom Pest Management LLC for Case #CU-PH , for a contractor shop with the following conditions of approval: 1. The uses shall comply with all federal, state, and local laws, ordinances, rules, and policies. 2. The use shall comply with the applicable regulations of the Idaho Rules and Standards for Hazardous Waste (IDAPA ), Idaho Water Quality Standards regarding storage of hazardous materials (IDAPA ) and groundwater contamination standards (IDAPA ). 3. Prior to commencement of use, existing structures shall comply with the current building code regarding the change of occupancy from residential to business/commercial occupancy. 4. The use, as shown in the site plans submitted on August 19, 2016 and September 19, 2016 and described in the letter of intent submitted on August 19, 2016 (Exhibit #3),

8 shall not be modified without benefit of an amended conditional use permit. The use includes the following: a. Days and hours of operation shall be limited to Monday through Friday, 8:00am 5:00pm. b. Employees shall be limited to five (5) office staff (including owners) and four (4) pest control technicians. c. Pest control products shall only be stored within the existing 600 square foot garage structure. d. Existing and proposed fencing which obstructs public views of equipment, trailers and vehicles shall be maintained in good repair on an on-going basis. e. On an on-going basis, existing structures shall be maintained in good repair and appearance. f. On an on-going basis, landscape (lawn, trees and planters) shall be maintained. 5. This conditional use permit is non-transferable. Therefore, the permit shall expire upon the cease of use by the applicant, Pestcom Pest Management LLC. 6. The applicant shall obtain a commercial approach permit from Canyon Highway District #4 prior to the commencement of use. 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: