planning and zoning staff report black – rezone (rz2019 ... · taz j. nitrate priority 5. idaho...

Black STAFF REPORTRZ2018-0021 of 4

/ Planning and Zoning Staff Report

Black – Rezone (RZ2019-0019) and Subdivision (SD2019-0020) Hearing Date: September 19, 2019 Development Services Department

Owners: Steve & Verta Black

Applicant: Guy Jones, Alliance Building LLC

Staff: Dan Lister, Planner II

Tax ID: R38200010

Parcel Size 18.46 acres

Current Zone: “R-R” (Rural Residential)

Future Land Use Designation: Residential

City Impact Area: Middleton

Applicable Zoning Land Use Regulations:CCZO §07-05-01, §07-06-05 §07-17-09

Notification: RZ2019-0019 Agency/JEPA – 7/25/2019 Full Political – 7/25/2019 Property Owners – 8/13/2019 Newspaper – 8/20/2019 Posting – 8/26/2019

SD2019-0020 Agency/JEPA – 8/16/2019 Property Owners – 8/27/2019 Newspaper Publish – 9/1/2019 Posting – 9/6/2019

Exhibits: 1. FCO’s (RZ2019-0019)

2. FCO’s (SD2019-0020) & Attachments:

A. Preliminary Plat B. Utility Plan C. Keller Associates Comment

Letter, August 22, 2019 D. City Of Middleton Letter

with Agreement E. Canyon Highway District #4

Letter F. Black Canyon Irrigation

District Letter

3. Applicant’s Letter of Intent/Site Plan

4. Maps a. Aerial b. Vicinity

Request The applicant, Guy Jones of Alliance Building LLC, representing the owner, Steve and Verta Black, is requesting to rezone Parcel R38200010 from an “R-R” (Rural Residential) zone to an “R-1” (Single Family Residential) zone (RZ2019-0019). The applicant is also requesting a Preliminary Plat (Black Acres Subdivision) with Irrigation and Drainage plan (SD2019-0020). The vacant 18.46 acre property is located near the intersection of Cemetery Road and Purple Sage Road; also referenced as a portion of the NE ¼ of Section 36, Township 5N, Range 3W, Canyon County, Idaho.

Background The subject parcel is a portion of an original 40 acre parcel that was divided without County approval. The divided parcels were rezoned to “R-R” (Rural Residential) in 2015 (PH2014-46). Wind River Estates Subdivision (SD-PH2016-58) was approved on one of the divided parcels subsequently after rezone approval. The subject parcel does not have a building permit available. Therefore, if the rezone is approved, platting will be required.

The rezone application initially requested an “R-2” (Medium Density Residential) zone. Upon review, staff recommended the applicant request an “R-1” zone or submit an application for a development agreement. The “R-1” allows for smaller lots (no less than 12,000 square feet) subject to connect to city services/community system or one (1) acre minimum lot sizes if not connected to city services/community system. If the applicant abandoned the subdivision and did not connect to city services, the “R-1” zone is more appropriate in the area than the “R-2” zone. The rezone request was tabled (June 20, 2019 and August 1, 2019) and re-noticed to request the “R-1” zone.

The applicant requested the item be tabled September 5, 2019 to allow the rezone (RZ2019-0019) and subdivision application (SD2019-0020) to be heard concurrently by the Planning and Zoning Commission.

Setting/General Information The 18.46 acre parcel is zoned “R-R” (Rural Residential, two acre average minimum lot size). Majority of the area is zoned “A” (Agricultural, 40 acre minimum lot size) or located within the city limits of Middleton (Exhibit 4c).

The following rezones were previously approved in the area:

- PH2016-50: Rezone of parcel R37547 from “A to “R-1”. Approved by the Board of County Commissioners (BOCC) in 2016 (Ordinance No. 16-018).

- PH2014-46: Rezone of parcels R38200010 (subject parcel), 010A, 010B and 010C from “A” to “R-R”. Approved by the BOCC in 2015 (Ordinance No. 15-007).

- PH2013-1: Conditionally rezone of parcel R37990 from “A” to “R-2” zone. The BOCC approved the rezone in 2013 (Ordinance No. 13-005) subject to a development agreement prohibiting mutli-family dwellings and requiring compliance with Canyon Highway District #4 and Southwest District Health requirements and standards (Agreement #13-022).

Black STAFF REPORTRZ2019-0019 & SD2019-0020 of 4

c. Zoning d. Subdivision with Report e. Soil with Report f. Future Land Use g. Middleton’s Future Land Use h. Lot Classification i. TAZ j. Nitrate Priority

5. Idaho Transportation Department Letter

- PH2017-70: Rezone of parcel R38224010 from “A” to “R-1” zone. The BOCC approved the rezone in 2018 (Ordinance No. 18-007).

The 2020 Canyon County Comprehensive Plan designates the future land use of the parcel as “residential” (Exhibit 4f). The parcel is located within the City of Middleton’s Impact Area which also designates the area as “Residential” (Exhibit 4g). The applicant has an agreement with the City of Middleton to extend city services to the parcel (Exhibit 2, Attachment D).

Pursuant to the Subdivision Map and Report (Exhibit 4d), a total of 32 subdivisions are established in the area. Of the 32 subdivision, only 7 are located within the City of Middleton. The following subdivision are located within the vicinity of the proposed rezone and subdivision plat:

- Wind River Estates Subdivision: The subdivision consists of five lots, 1.81 acre average lot size. The subdivision was approved in 2017.

- Kimpton Acres #1: The subdivision consists of 17 lots, 0.98 acre average lot size. The subdivision was approved in 1973.


- Longstreet Subdivision: The subdivision consists of 32 lots, 0.67 acre average lot size. The subdivision was approved in 1972.

- Amended Plat the Crossing at Meadow Park Sub. No. 1: The subdivision consists of 88 lots, 0.83 acre average lot size. The subdivision was approved by the City of Middleton in 2015.

The property currently has agricultural access from Purple Sage Road, a principal arterial, from Mint Lane, a private road. Upon review by Canyon Highway District (Exhibit 2, Attachment E), development of the parcel will require right-of way dedication, frontage and public internal road improvements.

Based on Soils Maps and report (Exhibit 4e), the parcel is prime farmland (if irrigated) with moderately-suited soils.

The parcel is located within a nitrate priority area (Exhibit 4j). The rezone and subdivision submittal proposes connection to city services. Therefore, future development will not include wells or septic systems or related studies.

Analysis - Rezone Pursuant §07-06-05 of the Canyon County Zoning Ordinance, standards and criteria must be evaluated related to a zoning amendment (rezone) application. Upon review of the requested rezone, subject to the required standards and criteria, the following was determined:

The rezone request is consistent with the 2020 Comprehensive Plan. The request is consistent with the following policies and goals:

o Property Rights Policy No. 1: “No person shall be deprived of private property without due process of law.”

o 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.”


o Population Policy No. 3: “Encourage future population to locate within areas that are conducive to residential living and that do not pose an incompatible land use to other land uses.”

o Land Use Policy #1: “Coordinate planning and development with applicable highway district and health officials.”

o Land Use – Residential Policy #1: “Encourage high density residential in areas of city impact.”

o General Public Services Implementation Action: “Where feasible, subdivisions within the city area of impact should be connected to city water and/or sewer.”

The request is appropriate, consistent with surrounding uses and will not create a negative impact to the character of the area. The parcel is currently zoned for residential use (Rural Residential). Based on previous rezones approved in the area and residential subdivisions surrounding the subject parcel, the “R-1” zone is more appropriate. Future development will consist of 26 residential lots with a 0.50 acre average lot size (SD2019-0020). The result is consistent with existing lot sizes within approved subdivisions north of Purple Sage Road and within the city limits of Middleton (Crossing Meadow Park, Meadow Park Estates #1). Required improvements, such as connection to city services, right-of-way dedication, road improvements, fire hydrants, pressurized irrigation and stormwater management are required to be consistent with County and affected agency requirements and installed/completed prior to final plat approval.

The request will have adequate services. The development proposes connection to city water and sewer upon agreement with the City of Middleton (Exhibit 2, Attachment D). The subdivision proposes pressurized irrigation to each lot (Exhibit 2, Attachment A).

The request has adequate access and will not create undue traffic impacts. Proposed development will take access from Cemetery Road and provide internal public road in compliance with Canyon Highway District requirements. Access to Purple Sage Road is not allowed. All right of way dedication, public road and frontage improvements required by Canyon Highway District #4 (Exhibit 2, Attachment E) will be required to be installed/completed prior to final plat approval. Idaho Transportation Department does not oppose the requests (Exhibit 5).

Analysis – Preliminary Plat Section 07-17-09(4)A of the Canyon County Zoning Ordinance (CCZO) states, “The commission or hearing examiner shall hold a noticed public hearing on the preliminary plat. The hearing body shall recommend that the board approve, approve conditionally, modify, or deny the preliminary plat. The reasons for such action will be shown in the commission's minutes. The reasons for action taken shall specify:

1. The ordinance and standards used in evaluating the application;

2. Recommendations for conditions of approval that would minimize adverse conditions, if any;

3. The reasons for recommending the approval, conditional approval, modification, or denial; and

4. If denied, the actions, if any, that the applicant could take to gain approval of the proposed subdivision.”

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); and D. Canyon County Zoning Ordinance, Article 17 (Subdivision Regulations)

Black Acres Subdivision (Exhibit 2, Attachment A & B):

- Acreage: 18.46 acres

- Zoning: “R-1” (RZ2019-0019)

- Residential Lots: 26, 1 common lot (public utility easement for sewer lift station) and road lot (Thunder Cloud Lane, private). The applicant applied for road lot reduction in accordance with CCZO Section 07-17-31.

- Public Road: Touchlight Way, Thunder Cloud Street, October Story Street and Sienna Glenn Street are approved acceptable road name for the public road to serve the subdivision. Touchlight Way will provide


access from Cemetery Road. Road improvement will be completed prior to final plat approval.

- Average residential lot size: 0.51 acres

- Water: Water service from City of Middleton (Exhibit 2, Attachment D). Service connection will be completed prior to final plat approval.

- Sewage Disposal: City sewer from City of Middleton (Exhibit 2, Attachment D). Service connection will be completed prior to final plat approval.

- City Impact Area: Middleton (Exhibit 2, Attachment D).

- Fire District: Middleton. No comment was received form the Fire District. The subdivision will be served by city water which will provide required minimum fire flows. The subdivision will have six (6) hydrant locations for fire suppression (Exhibit 2, Attachment B).

- Irrigation: Pressurized Irrigation will be to each lot. The parcel has 17.5 acre shares from Black Canyon Irrigation District. All required improvement required by the Irrigation District shall be completed prior to final plat approval (Exhibit 2, Attachment F).

Comments Public Comments At the time of this report staff, no public comments were received.

County Agency CommentsThe following agencies were notified:

(The checked-box indicates a comment was received. See Exhibit 2 Attachments and Exhibit 4 for comment letters)

Decision Options The Planning and Zoning Commission may recommend approval of the rezone (RZ2019-0019) and preliminary

plat (SD2019-0020) to the Board of County Commissioners as request by the applicant; The Planning and Zoning Commission may recommend denial of the rezone and preliminary plat to the Board

of County Commissioners; 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 request. Staff is recommending approval and has provided findings of fact and conclusions of law for the Planning and Zoning Commission’s consideration found in Exhibit 1 (RZ2019-0019) and Exhibit 2 (SD2019-0020).

Idaho Power Southwest District Health Canyon Highway District CC Assessor’s Office

CC Sheriff Intermountain Gas Dept. of Water Resources City of Middleton

CC Ambulance Black Canyon Irrigation Dist. Middleton Fire District Dept. of Enviro. Quality

Idaho Fish & Game Middleton School District COMPASS ITD

Black EXHIBIT 1RZ2019-0019

Canyon County Planning and Zoning Commission Black – Rezone Case No. RZ2019-0019 Development Services Department

Findings of Fact, Conclusions of Law, and Order

Findings of Fact 1. The applicant, Guy Jones of Alliance Building LLC, representing the owner, Steve and Verta Black, is

requesting to rezone Parcel R38200010 from an “R-R” (Rural Residential) zone to an “R-1” (Single Family Residential) zone (RZ2019-0019). The vacant 18.46 acre property is located near the intersection of Cemetery Road and Purple Sage Road; also referenced as a portion of the NE ¼ of Section 36, Township 5N, Range 3W, Canyon County, Idaho.

2. The applicant has submitted a Preliminary Plat (Black Acres Subdivision) with Irrigation and Drainage plan (SD2019-0020). The plat is being considered concurrently with the rezone application.

3. The parcel is designated ‘Residential’ on the 2020 Canyon County Future Land Use Map.

4. The subject property is located within the Middleton’s Area of City Impact. The City of Middleton designates the property as “residential” on their Future Land Use Map.

5. The parcel is located within the Canyon Highway District No. 4, Middleton Fire District, and Middleton School District.

6. On 2/19/2019, a neighborhood meeting was held in accordance with CCZO §07-01-15.

7. Notice of the public hearing was provided as per CCZO §07-05-01. Agencies were notified on 7/25/2019. Political notice was sent 7/25/2019. Property owners within 300 ft. were notified by mail on 8/13/2019. Newspaper notice was provided on 8/20/2019. Property was posted on 8/26/2019.

8. The Planning and Zoning Commission tabled the item On June 20, 2019, August 1, 2019 and September 5, 2019.

9. The record consists of exhibits as provided as part of the public hearing staff report, exhibits submitted during the public hearing on September 19, 2019 and all information contained in DSD case file RZ2019-0019/SD2019-0020.

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 (§07-06-05):

A. Is the proposed zone change generally consistent with the comprehensive plan?

Conclusion: The proposed zone change is consistent with the 2020 Canyon County Comprehensive Plan.

Finding: The proposed rezone is consistent with the Future Land Use Map which has this area designated as “residential”. The proposed zoning of “R-1” (Single Family Residential) is consistent with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to:

o Property Rights Policy No. 1: “No person shall be deprived of private property without due process of law.”

Notice of the public hearing was provided as per CCZO §07-05-01.


o 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 parcel is located within the jurisdiction of Middleton Fire District. The district did not submit a comment regarding the rezone. Fire protection measures are provided as part of the preliminary plat (SD2019-0020).

o Population Policy No. 3: “Encourage future population to locate within areas that are conducive to residential living and that do not pose an incompatible land use to other land uses.” Canyon County Comprehensive Plan designates the future land use of the subject parcel

and surrounding area as “residential: which is also consistent with the City of Middleton’s Comprehensive Plan.

The parcel is considered prime farmland, if irrigated. However, the parcel is currently zone “R-R” (Rural Residential, two acre average lot size) and surrounded by similar residential zones and/or residential subdivisions. Therefore, retaining agricultural use on the parcel would be incompatible with the residential growth pf the area.

The parcel is located within Traffic Analysis Zone (TAZ) #2131 (320 acre area) surrounded by TAZ 2132 and 2162. The zones forecast household growth to increase 139 households within each zone between 2019 and 2040. Therefore, the rezone is located within an area where residential growth is anticipated.

o Land Use Policy #1: – “Coordinate planning and development with applicable highway district and health officials.”

Canyon Highway District #4 and ITD Idaho Transportation Department do not oppose the request. Right-of-way dedication and road and frontage improvements will be approved as part of the preliminary plat (SD2019-0020) and improvements installed prior to final plat approval.

The applicant has an agreement with the City of Middleton to provide water and sanitary services subject to annexation deferral.

o Land Use – Residential Policy #1: “Encourage high density residential in areas of city impact.”

The parcel is located within the City Impact Area of Middleton and approximately 450 feet west of the city limits. The City’s Future Land Use Map designates the parcel as “residential”. The result of the rezone would provide a 26 residential lot subdivision (SD2019-0020) to be developed. City of Middleton supports the rezone and subsequent subdivision and has agreed to provide city services to the future development.

o General Public Services Implementation Action: “Where feasible, subdivisions within the city area of impact should be connected to city water and/or sewer.”

The applicant has an agreement with the City of Middleton to provide city services for Black Acres Subdivision (SD2019-0020), a 26 residential lot subdivision proposed for the subject parcel.

B. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation?

Conclusion: The proposed zone change is more appropriate as the current zoning designation.

Finding: The property is currently zoned “R-R” (Rural Residential, two acre average minimum lot size). Based on previous rezones approved in the area and residential subdivisions surrounding the subject parcel, the “R-1” zone is more appropriate.

The following rezones were previously approved in the area:


- PH2016-50: Rezone of parcel R37547 from “A to “R-1”. Approved by the Board of County Commissioners (BOCC) in 2016 (Ordinance No. 16-018).

- PH2014-46: Rezone of parcels R38200010 (subject parcel), 010A, 010B and 010C from “A” to “R-R”. Approved by the BOCC in 2015 (Ordinance No. 15-007).

- PH2013-1: Conditionally rezone of parcel R37990 from “A” to “R-2” zone. The BOCC approved the rezone in 2013 (Ordinance No. 13-005) subject to a development agreement prohibiting mutli-family dwellings and requiring compliance with Canyon Highway District #4 and Southwest District Health requirements and standards (Agreement #13-022).

- PH2017-70: Rezone of parcel R38224010 from “A” to “R-1” zone. The BOCC approved the rezone in 2018 (Ordinance No. 18-007).

The parcel is within a one-mile radius of 32 subdivisions. Of the 32 subdivision, only 7 are located within the City of Middleton. The following subdivision are located within the vicinity of the proposed rezone and subdivision plat:






Future development will consist of 26 residential lots with a 0.50 acre average lot size (SD2019-0020). The result is consistent with existing lot sizes within approved subdivisions north of Purple Sage Road and within the city limits of Middleton (Crossing Meadow Park, Meadow Park Estates #1).

C. Is the proposed rezone compatible with surrounding land uses?

Conclusion: The proposed use is compatible with the surrounding land uses.

Finding: The proposed rezone is compatible with the surrounding land uses. The rezone with proposed subdivision (SD2019-0020) is located within close proximity ands to the following subdivisions:







D. 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 rezone from an “R-R” zone to an “R-1” zone will not impact the character of the area. Future development will consist of 26 residential lots with a 0.50 acre average lot size (SD2019-0020). The result is consistent with existing lot sizes within approved subdivisions north of Purple Sage Road and within the city limits of Middleton (Crossing Meadow Park, Meadow Park Estates #1). Required improvements, such as connection to city services, right-of-way dedication, road improvements, fire hydrants, pressurized irrigation and stormwater management are required to be consistent with County and affected agency requirements and installed/completed prior to final plat approval.

E. 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: Adequate facilities will be provided. The applicant proposes city water and sewer. The City of Middleton agreed to provide services subject to an annexation deferral agreement. Irrigation will be provide by Black Canyon irrigation District. The applicant proposes pressurized irrigation. All required improvements to adjacent lateral

F. Does legal access to the subject property for the development exist or will it exist at the time of development?

Conclusion: Agricultural access to the parcel exist via Purple Sage Road.

Finding: An agricultural access to the parcel exist on Purple Sage Road, a principal arterial. Canyon Highway District #4 requires future access to be provide from Cemetery Road. No access is allowed from purple Sage Road. All highway district requirements and improvements will be reviewed for consistency and installed prior to final plat approval.

G. 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: The rezone application was reviewed concurrently with preliminary plat proposal (SD2019-0020) consisting of 26 residential lots. Based on the number of lots, the proposed subdivision has the potential to create 247 average daily trips. Canyon Highway District finds the request does not meet the threshold to be considered a potential traffic impact subject to dedication and road improvement requirements. Canyon Highway District #4 requires dedication of right-of-way along Purple Sage Road and Cemetery Road, as well as dedication at the intersection of Purple Sage Road and Cemetery Road for future roundabout. Future development will not have access to Purple Sage Road. The subdivision (SD2019-0020) will provide public internal roads with access to Cemetery Road. All frontage and road improvements will be required to be met and installed prior to final plat approval. Idaho Transportation Department’s letter does not oppose the rezone.


H. 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: Canyon County Ambulance District, Middleton School District, Canyon County Sheriff, and Middleton Fire were notified of the request and did not provide responses to indicate that the proposed zone change amendment would have a negative impact.

Order Based upon the Findings of Fact, Conclusions of Law and Order contained herein the Planning and Zoning Commission recommends approval of Case # RZ2019-0019, a request to rezone parcel R38200010, approximately 18.46 acres, from an “R-R” (Rural Residential) zone to an “R-1” (Single Family Residential) zone.

APPROVED this ________ day of _________________________, 2019.

PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO

_____________________________________ Richard Hall, Chairman

State of Idaho )

SS

County of Canyon County )

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: ________________________

Black EXHIBIT 2SD2019-0020

Canyon County Planning & Zoning Commission Saddleback Ridge Estates Subdivision, SD2018-0015 Development Services Department

FINDINGS, CONCLUSIONS, CONDITIONS, ORDER

Findings 1. The applicant, Guy Jones of Alliance Building LLC, representing the owner, Steve and Verta Black, submitted

a Preliminary Plat, Black Acres Subdivision, with Irrigation and Drainage plan (SD2019-0020). The vacant 18.46 acre property is located near the intersection of Cemetery Road and Purple Sage Road; also referenced as a portion of the NE ¼ of Section 36, Township 5N, Range 3W, Canyon County, Idaho.

2. The property is currently zoned “RR” (Rural Residential). The applicant submitted an application to rezone the parcel to an “R-1” (Single Family Residential) zone (RZ2019-0019). The zone is being reviewed concurrently with the subdivision application.

3. The subdivision contains 26 residential lots, 1 common lot (sewer pump station) and 1 road lot (private road) on approximately 18.46 acres (Attachment A). In accordance with CCZO Section 07-17-31(1), the subdivision submittal included a reduction of the private road lot from 60’ to 50’ wide. The reduction meets the required findings (CCZO Section 07-10-03(1)D).

4. The average residential lot size of 0.50acres.

5. The proposed preliminary plat and irrigation plan is 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).

6. The property is located within the Middleton City area of impact.

7. The subject property is located within Black Canyon Irrigation District and has 17.5 acre feet of water shares available. Each residential lot will be served by pressurized irrigation (Attachment F).

8. The development will be served by city services (Attachment B and D).

9. The subject property is located within the Canyon Highway District #4 (Attachment E).

10. The development is not located within a mapped floodplain (Flood Zone X).

11. The record includes all testimony, the staff report, exhibits, and documents in Case File No. SD2019-0020.

12. Notice of the public hearing was provided in accordance with CCZO §07-05-01. Agency notice was provided on 8/16/2019, JEPA Notice on 8/16/2019, Newspaper notice was provided on 9/1/2019 property owners within 300’ were notified by mail on 8/27/2019, and the property was posted on 9/6/2019.

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.

Conditions of Approval1. All subdivision improvements and amenities shall be bonded or completed prior to the Board of County

Commissioner’s signature on the final plat.

2. Comments provided by Keller Associates, dated August 22, 2019 (Attachment C) shall be provided, reviewed and deemed met prior to approval of final plat.

3. All Black Canyon Irrigation District requirements and improvements shall be met prior to final plat approval (Attachment F).

4. The development shall comply with City of Middleton connection to city services requirements prior to final plat approval (Attachment D).


5. The development shall comply with requirements and conditions of Canyon Highway District #4 prior to final plat approval (Attachment E).

6. A Water User’s Maintenance Agreement (WUMA) for all lots within the development which shall be recorded with the Canyon County Recorders’ Office prior to the Board signing the Final Plat.

7. A Road User’s Maintenance Agreement (RUMA) for all lots accessing the private road (Road Lot) which shall be recorded with the Canyon County Recorders’ Office prior to the Board signing the Final Plat.

8. The private road, Lot 4, shall be constructed in accordance with CCZO Section 07-10-03 prior to final plat approval.

9. The applicant shall adhere to time limitation to submit a final plat pursuant to §07-17-13(7) Canyon County Zoning Ordinance.

Order Based upon the Findings of Fact, Conclusions of Law contained herein for Case No. SD2019-0020, the Planning & Zoning Commission recommends approval of the Preliminary Plat and Utility Plan for the 26 lot residential development, Black Acres Subdivision, subject to the Conditions of Approval as enumerated herein.

RECOMMENDED FOR APPROVAL on this _________ day of _____________________, 2019.

PLANNING AND ZONING COMMISSIONCANYON COUNTY, IDAHO

Richard Hall, Chairman

State of Idaho )

SS

County of Canyon County )

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: ________________________


ATTACHMENT A


ATTACHMENT B


ATTACHMENT C


ATTACHMENT D


ATTACHMENT E


ATTACHMENT F

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