Planning and Zoning Staff Report for Serenity Hill Ranch - PH

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1 Hearing Date: March 1, 2018 Planning and Zoning Staff Report for Serenity Hill Ranch - Development Services Department Applicant: Serenity Hill Ranch Staff: Jennifer Almeida, jalmeida@canyonco.org Tax ID: R Current Zone: A (Agricultural) Comprehensive Plan: 2020 Canyon County Comprehensive Plan Future Land Use Designation: Residential Impact Area: None Lot Size/Project Area: Approximately 8.33 acres Current Uses: Residential & Special Events Applicable Zoning Land Use Regulations: CCZO , Notification 1/16/18 Agencies 2/13/18 Publication 2/6/18 Radius Notice 2/22/18 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. Southwest District Health 14. Notus-Parma Highway #2 Request Serenity Hill Ranch (William & Dione Nancolas) is requesting a Conditional Use Permit for a special events facility, for private weddings and parties on parcel no. R The subject property is located at Goodson Road, Caldwell, Idaho, in a portion of the SE ¼ of Section 18, T5N, R3W, BM, Canyon County. Background The subject property is currently zoned A (Agricultural). A special events facility 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 CCZO : Definitions: Special Events Facility: Any temporary event including, but not limited to, weddings, picnics, barbecues, holiday events and parties, dances, concerts, footraces and walks, bazaars, and harvest festivals. The surrounding area is a mix of agricultural and residential uses. The subject property is bordered on the north by a platted residential subdivision, Overview Acres. Elm Crest Subdivision is located south of the subject property (Exhibit 9). There is residential zoning located approximately 330 ft. west of the property as shown on Exhibit 8. The proposed special events facility will be located on the northernmost portion of the subject property as shown on the site plan, Exhibit 2. The 2020 Future Land Use Map designates the subject property as residential Proposed Uses: The applicant is proposing private weddings and parties on the subject property for a maximum of 160 guests. As part of the special events facility, the applicant intends to provide a reception/banquet areas, outdoor lawn area for wedding ceremonies, and changing rooms for the bridal party. Days & Hours of Operation: Special event hours 12 p.m. to 11 p.m. on Saturdays only. Office hours are Wednesday 2 p.m. to 7 p.m. and Friday 2 p.m. to 8 p.m. The letter of intent states that four employees are anticipated for operation. Three (3) would be contracted to help with setup, breakdown, and parking and one (1) would be the owner/manager. Any deliveries for the venue take place on Saturdays. Serenity Hill Ranch Special Events Staff Report

2 Noise: Events are proposed on Saturdays only. The applicant s letter of intent specifies that music will end at 10 p.m. To control the noise level, the applicant proposes to work with each DJ and use a decibel meter to regulate the noise level. The applicant has also proposed to build an enclosed area for music and dancing with strategic placement of speakers to help minimize noise disturbance (Exhibit 2). Traffic Mitigation & Parking: The property currently has once access point, located at the intersection of Wagner & Goodson Roads (Exhibit 3). This access will serve as both the ingress and egress. The proposed internal circulation would be as shown on Exhibit 3. There would be one driveway access for guests to parking areas and one driveway for emergency services and deliveries only. Signage shall be provided to direct guests and/or emergency services to the appropriate areas. There shall be no parking along any of the internal driveways. Food Vendors: Any food vending on site will be required to meet Southwest District Health Department requirements and staff has added this as a recommended condition of approval. The clients/caterers will provide drinking water for guests (Exhibit 2). Sign: The applicant is proposing a venue sign at the end of the driveway. CCZO allows a 32 sq. foot sign for any approved or permitted use. If the applicant proposes a larger sign, additional county approvals will be required. The applicant shall work with the highway district to ensure the sign is not located within their right-of-way. The letter of intent states that a stop sign will also be installed at the end of the driveway. Parking: Parking areas are delineated on the applicant s site plan (Exhibit 3). The letter of intent indicates that all parking will be on site and there will be no on street parking. The applicant estimates that more than four (4) acres of the site is available for parking. Security: The property owner will be present for the duration of each event. For events in which alcohol will be served, two (2) security attendants will be hired. The applicant has indicated that each client is also bound to a contract that stipulates the conditions of operation. The owners have the right to shut down any event that violates the policies outlined in the contract (Exhibit 2). Serenity Hill Ranch 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? A special event facility 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 a special events facility, for private weddings and parties on parcel no. R The subject property is located at Goodson Road, Caldwell, Idaho, in a portion of the SE ¼ of Section 18, T5N, R3W, BM, Canyon County. 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. Economic Development Policy No. 2 Support existing business and industry in the county. The proposed special events facility will help to support a local existing business. 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. A special events facility would be a nonagricultural use in a primarily agricultural and sporadic residential use area. The proposed use can be requested via a conditional use permit in an A (Agricultural) zone and potential conflicts mitigated by conditions of approval that are required to be adhered to if the use is to continue. 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 subject property is located within the boundaries of Middleton Fire District. 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, would not be injurious to other property in the immediate vicinity and would not have a negative impact to the essential character of the area. As proposed by the applicant and as conditioned, special events would only be held on Saturdays and music will end by 10 p.m. Adherence to these stipulations will help to mitigate potential conflicts with surrounding residential uses. No evidence has been received to indicate this use would have a negative impact to the property in the vicinity or to the character of the area. E. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use; The proposed use would necessitate the need for portable restrooms for each event. The number of portable restrooms would be determined by the size of event. Serenity Hill Ranch Staff Report

4 Drinking water will be provided by clients and/or caterer for the event. The proposed use would not require any change to irrigation and would not require any changes to drainage and storm water facilities. F. Does legal access to the subject property for the development exist or will it exist at the time of development? Access to the property currently exists via Goodson Road, a public road. G. Will there be undue interference with existing or future traffic patterns? Evidence has not been provided that clearly indicates that there would be interference with existing or future traffic patterns. Events are limited to one (1) day per week. Notus-Parma Highway District No. 2 indicated that the District did not anticipate interference with traffic patterns. (Exhibit 14). 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, Middleton School District, Middleton Fire Department, Canyon County Sheriff, and Black Canyon Irrigation District were notified of the request and did not provide responses to indicate that the proposed conditional use permit would have a negative impact. Comprehensive Plan This request is generally consistent with the Canyon County 2020 Comprehensive Plan see criteria review C above. Comments Public Comments At the time this report was completed, staff not received any comment letters 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, for a special events facility 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. 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. Serenity Hill Ranch Staff Report

5 Staff is recommending approval of the request for special event facility 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. Serenity Hill Ranch Staff Report

6 Canyon County Planning & Zoning Commission Serenity Hill Ranch-, 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 to operate special event facility. 2. The subject property, parcel no. R The subject property is located at Goodson Road, Caldwell, Idaho, in a portion of the SE ¼ of Section 18, T5N, R3W, BM, Canyon County. 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, Middleton Fire District, Black Canyon Irrigation District, and Middleton School District. 6. The subject property is designated as Residential on the 2020 Canyon County Future Land Use Map. 7. The neighborhood meeting was held on 11/30/17 in accordance with CCZO Notice of the public hearing was provided in accordance with CCZO Agency notice was provided on 1/16/18, Newspaper notice was provided on 2/13/18, property owners within 300 were notified by mail on 2/6/18, and the property was posted on or before 2/22/ The record herein consists of exhibits provided as part of the public hearing staff report, exhibits submitted during the public hearing on March 1, 2018, 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: A special event facility 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 a special events facility, for private weddings and parties on parcel no. R The subject property is located at Goodson Road, Caldwell, Idaho, in a portion of the SE ¼ of Section 18, T5N, R3W, BM, Canyon County. C. Is the proposed use consistent with the Comprehensive Plan? Conclusion: The proposed use is consistent with the Comprehensive Plan. Finding: The use is consistent with the following Canyon County Comprehensive Plan goals & policies: Serenity Hill Ranch EXHIBIT 1 Page 1 of 5

7 Property Rights Policy No.1- No person shall be deprived of private property without due process of law. Economic Development Policy No. 2 Support existing business and industry in the county. The proposed special events facility will help to support a local existing business. 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. A special events facility would be a nonagricultural use in a primarily agricultural and sporadic residential use area. The proposed use can be requested via a conditional use permit in an A (Agricultural) zone and potential conflicts mitigated by conditions of approval that are required to be adhered to if the use is to continue. 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 subject property is located within the boundaries of Middleton Fire District. 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, as conditioned, would not be injurious to other property in the immediate vicinity and would not have a negative impact to the essential character of the area. As proposed by the applicant and as conditioned, special events would only be held on Saturdays and music will end by 10 p.m. Adherence to these stipulations will help to mitigate potential conflicts with surrounding residential uses. No evidence has been received to indicate this use would have a negative impact to the property in the vicinity or to the character of the area. E. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use; Conclusion: The use would not create an additional need for these services as proposed by the applicant. Finding: The proposed use would necessitate the need for portable restrooms for each event. The number of portable restrooms would be determined by the size of event. Drinking water will be provided by clients and/or caterer for the event. The proposed use would not require any change to irrigation and would not require any changes to drainage and storm water facilities. F. Does legal access to the subject property for the development exist or will it exist at the time of development? Conclusion: Access to the property exists via Goodson Road, a public road. Finding: Notus-Parma Highway District stated the property has legal access via Goodson Road. 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. Serenity Hill Ranch EXHIBIT 1 Page 2 of 5

8 Finding: Evidence has not been provided that clearly indicates that there would be interference with existing or future traffic patterns. Events are limited to one (1) day per week. Notus-Parma Highway District No. 2 indicated that the District did not anticipate interference with traffic patterns. (Exhibit 14). 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? 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, Middleton School District, Middleton Fire Department Canyon County Sheriff, and Black Canyon Irrigation District were notified of the request and did not provide responses to indicate that the proposed conditional use permit would have a negative impact. Serenity Hill Ranch 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 to operate a special events facility on approximately 8.33 acres (R ), subject to the following conditions of approval: General: 1. The development shall comply with all applicable federal, state, and county laws, ordinances, rules and regulations that pertain to the subject property and the proposed use. 2. The proposed development shall be in general conformance with the applicant s site plan (Exhibit 3). 3. Private weddings and parties shall not exceed 160 guests, as represented by the applicant in Exhibit Parking shall meet CCZO requirements. 5. Signage visible from the public street right of-way shall meet CCZO requirements. The applicant shall obtain administrative approval for signs that exceed 32 sq. ft. or if it is illuminated as required in the Canyon County Zoning Ordinance ( ) 6. Trash receptacles shall be provided for the use. Solid waste shall be removed from the site on a weekly basis. 7. Portable restrooms shall be provided for events and shall meet Southwest District Health Department Requirements (if applicable). 8. Rental contracts with each event holder shall stipulate the same conditions of approval as the conditional use permit. 9. The property owner shall be available at all times during events to enforce the rental contracts and the conditions of approval of this case,. 10. All outdoor lights for the use shall be facing down and away from adjacent residential subdivisions or have shade shields that direct light down and away from residential properties. 11. Special event hours shall be 12 p.m. to 11 p.m. on Saturdays only. Music and amplified sound shall end at 10 p.m. and the premises shall be vacated by guests no later than 11 p.m. 12. Office hours are Wednesday 2 p.m. to 7 p.m. and Friday 2 p.m. to 8 p.m. Building Permits: 13. The applicant shall schedule a pre-application meeting with Development Services Department s Building Official and/or his appointed representative to identify a plan for bringing all structures being used for the venue into compliance with current building code requirements. Any required building permits for structural changes or changes to occupancy shall be completed and pass final inspection, prior to commencement of use as a special events facility. Access: 14. No parking signs shall be located along the driveway or it shall be entered into the rental contracts and enforced by the property owner. Serenity Hill Ranch EXHIBIT 1 Page 4 of 5

10 15. Access to the site shall be located as shown on the site plan (Exhibit 3). 16. Internal traffic flow shall be directed as shown on the site plan (Exhibit 3). A guest driveway to parking lot shall be provided as shown. Emergency and delivery access shall be located as shown on Exhibit Internal signage shall be provided so patrons and emergency service providers utilize the correct access. Signage shall be installed prior to commencement of use as a special events facility. Fire Protection: 18. The applicant shall meet the requirements of Middleton Fire District. Food Service: 19. All events in which outside food vendors sell food products on site, shall meet Southwest District Health Department standards and must obtain all required approvals. Time Limits: 20. The Conditional use permit shall terminate upon transfer of ownership of the property. APPROVED this day of, PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO Chairman, Richard Hall State of Idaho ) County of Canyon County ) SS On this day of, in the year of 2018, 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: Serenity Hill Ranch EXHIBIT 1 Page 5 of 5

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