PLANNING COMMISSION STAFF REPORT - Canyon … & Zoning Commission Staff Report . Bryson Subdivision,...

Planning & Zoning Commission Staff Report Bryson Subdivision, SD-PH2015-62

Hearing Date: April 7, 2016 Development Services Department

Applicant: Tim and Cathy Bryson Staff: Deb Root, 454-7340 [email protected] Tax ID: R34366012A Zone: “RR” (Rural Residential) Comprehensive Plan: 2020 Canyon County Comprehensive Plan Project Area: 2.73 acres Lots: 1 residential lot Applicable Zoning Regulations: • §07-23-17; §07-10-03(1) B;

§07-10-25 Notification • March 21, 2016 - Mailing • March 22, 2016- Posting • March 23, 2016-Publication

Exhibits:

1. Findings of Fact, Conclusions of Law, Conditions of Approval, & Order

2. Small Air Photo 3. Vicinity Map 4. Letter of Intent 5. Canyon Highway District 6. Idaho Transportation Dept. 7. Southwest District Health 8. Nampa Planning & Zoning 9. Nampa Engineering Dept. 10. Pioneer Irrigation Water

Rights 11. Road Easement and

Maintenance Agreement 12. Subdivision Plats 13. Large Aerial

Request A request by Tim and Cathy Bryson for approval of a preliminary plat and irrigation plan for Bryson Subdivision. The development consists of one residential lot and is located in an “RR” (Rural Residential) zone. The subject property, approximately 2.73 acres, is located approximately 863 feet west of the intersection of Franklin and Ustick Roads in a portion of the SE ¼ of the SE ¼ of Section 34, Township 4N, Range 2W, BM, Canyon County, ID.

Background The subject property is located in an “RR” (Rural Residential) zone. A Short Plat application was filed on December 21, 2015.

Analysis The subject property is located in an “RR” (Rural Residential) zone. CCZO 07-10-25 states that the purpose of the “RR” (Rural Residential) zone is to encourage and guide growth in areas where a rural lifestyle may be determined to be suitable.

The proposed one (1) lot development is located within the Nampa City Area of Impact, Pioneer Irrigation District, Nampa Fire District, Vallivue School District, and Canyon Highway District #4.

The applicant is proposing one (1) residential lot. The proposed lot is approximately 2.73 acres in size The minimum lot size in the “R-R” (Rural Residential) zone is two (2) acres. The subject lot is accessed from Ustick Road via a 30 foot ingress/egress easement as described in “Road Easement and Maintenance Agreement” instrument #2010041267 recorded September 2, 2010. Irrigation water is available to the property through the Pioneer Irrigation District. The irrigation plan will remain as historical service and will not disrupt the access and flow to the adjacent properties.

The subdivision meets Idaho Code and CCZO, Article 23 requirements for the preliminary plat and irrigation plan.

Preliminary Plat / Final Plat Standard of Review for Subdivision Plat

A. Idaho Code, Sections 67-6512, 6509 and 6535 (Subdivisions, Hearings, Decisions)

B. Idaho Code, Sections 50-1301 through 50-1329 (Platting) C. Idaho Code, Section 31-3805 (Irrigation). D. Canyon County Zoning Ordinance, 16-001 Article 17 (Subdivision

Regulations)

2

Comments Public Comments At the time the staff report was prepared, staff had received no letters stating opposition to the proposed subdivision plat.

County Agency Comments Staff informed agencies of the proposal and none of the agencies reported concerns with the request.

• Southwest District Health Department letter dated February 16, 2016 (Exhibit 7) indicates that the

Subdivision Engineering Report for Bryson Subdivision has been reviewed and that the report and associated plans and specifications appear to meet applicable regulations. Sanitary restrictions as required by Idaho Code, Title 50, Chapter 13, have been satisfied.

• Nampa City Planning and Zoning does not oppose the request and indicates that the proposed one lot development does not trigger the subdivision ordinance standards for the City of Nampa (Exhibit 8). Daniel Badger, City of Nampa Engineering, also indicated that the development does not require engineering documentation (Exhibit 9).

Alternatives The Planning and Zoning Commission may recommend that the board approve, approve conditionally, modify or deny the application for a short plat.

Significant Impacts There are no significant fiscal or environmental impacts from this application.

Recommendation Staff recommends the Planning and Zoning Commission open a public hearing and discuss the proposed Plat(s). Staff is recommending approval of the application as provided findings of fact, conclusions of law for The Planning and Zoning Commission’s consideration found in Exhibit 1.

Bryson Subdivision EXHIBIT 1 SD-PH2015-62 Page 1 of 1

Canyon County Planning & Zoning Commission Bryson Subdivision, Short Plat, SD-PH2015-62 Development Services Department Findings 1. The property is currently zoned “RR” (Rural Residential) zone. 2. The subdivision contains one (1) residential lot approximately 2.73 acres in size. 3. The proposed plats are in conformance with CCZO Article 17, Idaho Code, Sections 67-6512, 6509 and

6535 (Subdivisions, Hearings, Decisions, and Idaho Code, Sections 50-1301 through 50-1329 (Platting) and Idaho Code, Section 31-3805 (Irrigation).

4. The property is located within the impact area for the City of Nampa. 5. The subject property is located within the Pioneer Irrigation District and has surface irrigation water

available. (Exhibit 10) 6. The subject property accesses Ustick Road via a 30 ingress/egress easement (Exhibit 11). 7. The subject property is located within the Canyon Highway District #4. (Exhibit 5). 8. The record includes all testimony, the staff report, exhibits, and documents in case file No. SD-PH2015-62. 9. Notice of the public hearing was provided in accordance with CCZO §07-05-01. Agency notice was

provided on 03/4/16, JEPA Notice on 03/08/16, Newspaper notice was provided on 03/23/16, property owners within 300’ were notified by mail on 03/24/16, and the property was posted on 03/30/16.

Conclusions of Law The Planning and Zoning Commission has the authority to hear this case and recommend that it be approved, denied or modified. The public notice requirements were met and the hearing was conducted within the guidelines of applicable Idaho Code and County ordinances. Recommended Conditions of Approval 1. All subdivision improvements and amenities shall be bonded or completed prior to the Board of County

Commissioner’s signature on the final plat.

Order Based upon the Findings of Fact, Conclusions of Law and Conditions of Approval contained herein the Planning & Zoning Commission approves Case # SD-PH2015-62, a request by Tim and Cathy Bryson for approval of a Short Plat for a one lot subdivision, Bryson Subdivision.

APPROVED this _________ day of _____________________, 2016.

PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO Gary Duspiva, Chairman

ATTEST: By:____________________________________


PRELIMINARY PLAT AND IRRIGATION PLAN


FINAL PLAT

PLANNING COMMISSION STAFF REPORT - Canyon … & Zoning Commission Staff Report . Bryson Subdivision,...

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