Planning and Zoning Staff Report Upper Deer Flat Fire District PH2015-7

Hearing Date: April 16, 2015 Planning and Zoning Staff Report Upper Deer Flat Fire District Development Services Department Applicant: Upper Deer Flat Fire District Representative: Ross Holloway RADIX Construction Staff: Jennifer Almeida, 455-5957 jalmeida@canyonco.org Tax ID: R29669-010 Current Zone: A (Agricultural) Comprehensive Plan: 2020 Canyon County Comprehensive Plan Lot Size/Project Area: 1.22 acres Current Uses: Fire Station Applicable Zoning Land Use Regulations: CCZO 12-008: 07-07-05 07-10-27 Notification 3/16/15 3/30/15 4/2/15 4/9/15 Agencies Radius Notice Newspaper Posting Exhibits: 1. FCO s 2. Letter of Intent 3. Site Plan 4. Land Use Worksheet 5. Neighborhood Meeting Sign In Sheet 6. Small Aerial Photo 7. Small Vicinity Map 8. Zoning Map 9. Subdivision Map 10. Canyon County Future Land Use Map 11. Nampa Highway District No. 1 Request Upper Deer Flat Fire District is requesting a Conditional Use Permit for a public use facility to operate a fire station on an approximately 1.22 acre parcel. The subject property, R29669010, is located at the northeast corner of the intersection of LaPine Road and Missouri Ave., in a portion of the SE ¼ of Section 21, T2N, R2W. Analysis The applicant is requesting a conditional use permit for a public use facility to operate a fire station on site. The proposed use is allowed by conditional use permit in the A (Agricultural) zone. The fire station on site is currently defined as legal non-conforming. CCZO 07-11-05 states that a non-conforming use cannot be expanded/extended (i.e. new structures). In order to conform to the current zoning ordinance, the applicant is requesting the conditional use permit to recognize the current use of the property and to be allowed to expand and build a new structure on site. The subject property is currently developed and used by the Upper Deer Flat Fire Department. There is currently a 4,000 square foot building on site. This building is used for storage of vehicles and equipment along with meeting space for firemen. A new 2,352 square foot building will be constructed on site (Exhibit 2 & 3) that will be used for additional vehicle storage and restrooms. The new building will connect to the existing site well and septic system. The subject property is not located with an Area of City Impact. The surrounding land uses are residential and agricultural in nature. The property is currently being utilized for a fire station and the addition of another building on site would not have a negative impact on surrounding land uses. Access to the site exists on Missouri Avenue, a public road. Nampa Highway District No. 1 has indicated that they have no objection to the conditional use permit (Exhibit 12). Conditional Use Permit Criteria Standard of Review for Conditional Use Permit CCZO 12-008 ( 07-07-05) A. Is the proposed use permitted in the zone by conditional use permit? Canyon County Zoning Ordinance 12-008, Section 07-10-27 provides opportunity for the proposed use as a conditional use permit. B. What is the nature of the request? The applicant is requesting a conditional use permit for a public use facility to operate a fire station on an approximately 1.22 acre parcel (R29669-010). Upper Deer Flat Fire District Staff Report Page 1 of 3

C. Is the proposed use consistent with the Comprehensive Plan? Yes. The use is consistent with the Canyon County Comprehensive Plan. Section 1 - Property Rights Policy No. 1 - No person shall be deprived of private property without due process of law. Section 2 Population Policy No. 1 Provide the planning base for an anticipated population of 225, 503 by the year 2015, and 242,908 by the year 2020. The additional building on site will allow for more storage of vehicles & equipment. 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 Upper Deer Flat Fire Protection 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 would not be injurious to other property in the vicinity nor will it negatively change the essential character of the area. The current use of the property is for a public use facility (fire station). The addition of an additional building on site would not have a negative impact. E. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use; Adequate facilities and services will be provided to accommodate the proposed use at the time of development. F. Does legal access to the subject property for the development exist or will it exist at the time of final plat; Access to the property exists from Missouri Avenue, a public road. G. Will there be undue interference with existing or future traffic patterns? No evidence has been provided that this request will not significantly increase the existing or future traffic patterns. 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? Nampa School District, Canyon County Sheriff, Upper Deer Flat Fire Protection Department, and Canyon County Ambulance were notified of the request and did not provide responses to indicate that the proposed use would have a negative impact. Therefore, the proposed use will not impact essential public services and facilities. No measures are proposed to mitigate impacts. Comprehensive Plan This request is consistent with the following Canyon County 2020 Comprehensive Plan goals and policies: Section 1 - Property Rights Policy No. 1 - No person shall be deprived of private property without due process of law. Section 2 Population Policy No. 1 Provide the planning base for an anticipated population of 225, 503 by the year 2015, and 242,908 by the year 2020. The additional building on site will allow for more storage of vehicles & equipment. 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 Upper Deer Flat Fire Protection District. Upper Deer Flat Fire District Page 2 of 3

Comments Public Comments At the time this report was completed staff had not received any public comments regarding the proposed conditional use permit. 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 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 were identified by staff. Recommendation Staff recommends the Planning and Zoning Commission open a public hearing and discuss the proposed Conditional Use Permit. Staff is recommending approval of the request 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. Upper Deer Flat Fire District Page 3 of 3

Canyon County Planning & Zoning Commission Upper Deer Flat Fire Protection District CUP - Development Services Department Findings of Fact 1. The subject property is zoned A Agricultural. 2. The subject property is not located within an Area of City Impact. 3. The subject property is designated as agricultural on the 2020 Canyon County Future Land Use Map. 4. The property has adequate access to a public road; Missouri Avenue. 5. The property is located within the Upper Deer Flat Fire Protection District, Nampa School District, and Nampa Highway District No. 1. 6. Parcel No. R29669-010 is located at the northeast corner of the intersection of LaPine Road and Missouri Ave., in a portion of the SE ¼ of Section 21, T2N, R2W. 7. The neighborhood meeting was held on 3/3/15 in accordance with CCZO 07-01-15. 8. Notice of the public hearing was provided in accordance with CCZO 07-05-01. Agency notice was provided on 3/16/15, Newspaper notice was provided on 4/2/15, property owners within 300 were notified by mail on 3/30/15, and the property was posted on 4/9/15. 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 ( 07-07-05). 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: Canyon County Zoning Ordinance 12-008, Section 07-10-27 provides opportunity for the proposed use as a conditional use permit. B. What is the nature of the request? The applicant is requesting a conditional use permit for a public use facility to operate a fire station on an approximately 1.22 acre parcel (R29669-010). 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 2020 Canyon County Comprehensive Plan goals & policies: Section 1 - Property Rights Policy No. 1 - No person shall be deprived of private property without due process of law. Section 2 Population Policy No. 1 Provide the planning base for an anticipated population of 225, 503 by the year 2015, and 242,908 by the year 2020. The additional building on site will allow for more storage of vehicles & equipment. Upper Deer Flat Fire Protection District EXHIBIT 1 Page 1 of 3

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 Upper Deer Flat Fire Protection 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 negatively change the essential character of the area. Finding: The proposed use would not be injurious to other property in the vicinity nor will it negatively change the essential character of the area. The current use of the property is for a public use facility (fire station). The addition of an additional building on site would not have a negative impact. E. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use; Conclusion: Facilities for sewer, irrigation, drainage and storm water drainage facilities will be provided for the requested use. Finding: Adequate facilities and services will be provided to accommodate the proposed use at the time of development. F. Does legal access to the subject property for the development exist or will it exist at the time of final plat; Conclusion: Legal access exists for the subject property. Finding: Access to the property exists from Missouri Avenue, a public road. G. Will there be undue interference with existing or future traffic patterns? Conclusion: There will not be undue interference with existing or future traffic patterns. Finding: No evidence has been provided that there would be any undue interference with existing or future traffic patterns. 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: Nampa School District, Canyon County Sheriff, Upper Deer Flat Fire Protection Department, and Canyon County Ambulance were notified of the request and did not provide responses to indicate that the proposed use would have a negative impact. Therefore, the proposed use will not impact essential public services and facilities. No measures are proposed to mitigate impacts. Upper Deer Flat Fire Protection District EXHIBIT 1 Page 2 of 3

Conditions of Approval 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. The applicant shall meet the requirements of Nampa Highway District No. 1 for access. 4. The applicant shall obtain a building permit for the proposed new structure on site. Order Based upon the Findings of Fact, Conclusions of Law and Conditions of Approval contained herein the Planning and Zoning Commission approves Case # a conditional use permit for a public use facility on Parcel No. R29669-010. APPROVED this day of, 2015. PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO State of Idaho ) County of Canyon County ) SS David Scheuerer, Chairman On this day of, in the year of 2015, 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: Upper Deer Flat Fire Protection District EXHIBIT 1 Page 3 of 3

Applicant s Letter of Intent Upper Deer Flat Rural Fire Protection District EXHIBIT 2

Site Plan Upper Deer Flat Rural Fire Protection District EXHIBIT 3

Upper Deer Flat Fire Protection District EXHIBIT 4