Payette County

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PUBLIC NOTICE

The Payette County Planning and Zoning Commission will meet the second Thursday of each month as scheduling permits, except for the month of August when the meeting will be held the third Thursday. The meetings will be held at the Payette County Courthouse, 1130 3rd Avenue North, Courtroom #1, Payette, Idaho starting at 7:00 P.M. 

Patti S. Nitz
Planning and Zoning Administrator

Payette County allows for one division of a property after March of 1979.  The original property may have one residence on it.  The first segregation may have one residence on it.  Any further division requires a public hearing.  One way to create another building right is through the Transfer of Development Right process.   

It is recommended that an applicant review the Payette County Code regarding TDRs.   The following are only some considerations when applying for  a Transfer.

 

{slider=1. Application:}
In the event a person desires to move a development right or a residential building permit from one parcel of land which qualifies for a single-family dwelling building permit to another parcel of land that does not qualify for a single-family dwelling building permit, that person shall file an application for that purpose with the zoning administrator.
{/slider}

{slider=2. Sending Property:}
A parcel of land which is Zoned Ag and qualifies for a residential dwelling building permit and which has been designated as land which should be preserved because it is prime agricultural land, is in an area where open spaces need to be preserved or because the land is critical wildlife habitat or which needs to be protected to enhance and maintain rural character of lands may qualify as sending property.
{/slider}

{slider=3. Receiving Property:}
A parcel of land which does not qualify for a residential building right, which is not designated as meeting the criteria set out in subsection C (#2) of this section may qualify as a receiving property subject to the following conditions:

  • Is located within a city area of impact, designated as Residential on the Comprehensive Plan,  and is at least two (2) acres in size
  • is designated as Rural Residential on the Comprehensive Plan and is at least three (3) acres in size
  • is designated as Ag land on the Comprehensive Plan and is at least twenty (20) acres in size.

{/slider}

{slider=4. Disqualification From Further Permits:}
Upon the transfer of a development right, the sending parcel shall be disqualified in perpetuity from receiving any further building permits. This disqualification shall not prohibit any landowner from later applying for a rezone and subdivision approval after fifty (50) years from the approval of any application to transfer a development right.
{/slider}

{slider=5. Signatures:}
No transfer of a development right will occur without the signature of all lien holders and other parties who have an interest in the sending parcel.  In the event a development right is transferred without the permission or signature of a lien holder or a party in interest, the purported transfer shall be void ab initio.  To insure that the Board has the information required by this section, the applicant shall provide the zoning administrator with a title report from a title insurance company, which shall show all lien holders and all parties who have an interest in the property from which the development right is being transferred.
{/slider}

{slider=6. Time Limit:}

1) At the point of a decision to approve, an agreement will be drafted by the County that must be signed by all parties involved in the transaction including the County. The agreement must be recorded within ninety (90) days of approval or the approval will be withdrawn and the application process will have to start over with no refund of fees.

2) A development right must be used within five (5) years. In the event a development right is not used within five (5) years of its approval by the Board and if it has not been extended prior to its expiration, it shall expire and become null and void. No building permit shall be issued based upon that expired transferred development right. Once a TDR has expired, an applicant cannot have the expired TDR renewed, but must go through the complete process of applying for a TDR, which includes submitting an application and having a public hearing.
{/slider}

{slider=7. The Location of the transferred building site.}
The building site shall be designated by a legal description provided by the applicant and shall indicate the area proposed by the Sending Area Site Plan Map. (Check Payette County Code 8-5-10-R – City Impact Area)
{/slider}


It is recommended that applicant’s review the Payette County Code regarding TDRs.

Note: Applications submitted prior to the closing date do not automatically place a proposal on the agenda. Application content may limit the number of items allowed on an agenda.


                                                                          

 PLANNING & ZONING      
PUBLIC HEARING DATES     
2019

     PUBLIC HEARING DATE               CLOSING DATE
January 10, 2019   December 19, 2018
February 14, 2019  

January 23, 2019

March 14, 2019   February 20, 2019
April 11, 2019   March 21, 2019
May 9, 2019   April 17, 2019
June 13, 2019   May 22, 2019
July 11, 2019   June 19, 2019
August 15, 2019   July 24, 2019
September 12, 2019   August 21, 2019
October 10, 2019   September 18, 2019
November 14, 2019   October 23, 2019
December 12, 2019  

November 20, 2019

 

 

               PLANNING & ZONING VIEWING LUNCHEON DATES 2019

                                               
VIEWING DATE           VIEWING LUNCHEON SITE                        PHONE           
    1/8/2019                     JIMBO'S                                                    208-739-9092               
   2/12/2019                     HIDEAWAY GRILL                             208-642-4433     
   3/12/2019                     MANDARIN DYNASTY (FR)         208-452-3030     
    4/9/2019                      SALSA GRILL                                       208-642-6123     
    5/7/2019                      DOUBLE DIAMOND STKHOUSE      208-278-9282 
    6/11/2019                    MANDARIN RESTAURANT (PAY)     208-642-3567 
    7/9/2019                      HIDEAWAY GRILL                              208-642-4433
    8/13/2019                    SALSA GRILL                                          208-642-6123 
    9/10/2019                    JIMBO'S                                                     208-739-9092 
    10/8/2019                    DOUBLE DIAMOND STKHOUSE      208-278-9282 
    11/12/2019                   HIDEAWAY GRILL                               208-642-4433 
    12/10/2019                  SALSA GRILL                                       208-642-6123 
      

Before You Can Transfer A Development Right, you must prove:

THAT the “Receiving” property does not qualify for a building right; AND

THAT the “Receiving” Property per residence has a minimum of :

two (2) acres if located within a city area of impact and designated as Residential on the Comprehensive Plan,  
three (3) acres if designated as Rural Residential on the Comprehensive Plan, twenty (20) acres if designated as Ag land on the Comprehensive Plan; AND


THAT the “Receiving” property is not prime farm ground; or if the “Receiving” property is within a city impact area and the proposed site is compatible with city expansion plans and projected rights of way; AND

THAT the transfer would not create more than 4 residential sites on the Original Parcel of the "Receiving" property.

If there are 4 residences on the original, the property would have to apply through the  subdivision process to obtain additional building rights.

THAT the “Receiving” Building Site is not in the Flood Plain. (Flood Plain residents require a Conditional Use); AND

THAT the “Sending” property does qualify for a building right; AND

THAT the transfer of the development right from the “Sending” property would preserve prime farm ground; or

THAT The transfer of the right from the “Sending” property would eliminate residential structures in undesirable locations such as flood plain areas; or

THAT the transfer of the right from the “Sending” property would preserve open spaces; or

THAT the transfer of the right from the "Sending" property would preserve land that is critical to wild life habitat which is in need of protection.

IN ADDITION, if 4 residences exist along any PRIVATE roadway, there shall be no additional building rights/permits available to the area served by that road unless and until the roadway serving the area is brought up to existing current County right of way and design standards and the roadway is accepted by the Board of County Commissioners.

{slider=The Public Hearing Process?}
The Transfer of Building Rights may require two public hearings. The first hearing is with the Planning and Zoning Commission.Their decision will be in the form of a recommendation to the Board of County Commissioners. The Board makes the final decision.  The applicant or a representative must attend all hearings.  If the “Receiving” parcel lies within a city impact area, the application must be presented to the respective city for their recommendation to any decisions being made. It is our office’s recommendation that the applicant attend the meeting(s) by the city to give input to that body that will be making a recommendation.      

At the point of a decision to approve, an agreement will be drafted by the County that must be signed by all parties involved in the transaction including the County. The agreement must be recorded within ninety (90) days of approval or the approval will be withdrawn and the application process will have to start over with no refund of fees. Once the agreement has been signed and recorded an application for a residential building permit may be submitted. A development right must be used within five (5) years of its approval . In the event a development right is not used within five (5) years of its approval by the Board and if it has not been extended prior to its expiration, it shall expire and become null and void. No building permit shall be issued based upon that expired transferred development right. Once a TDR has expired, an applicant cannot have the expired TDR renewed, but must go through the complete process of applying for a TDR, which includes re-submitting an application and the public hearing(s).
{/slider}

{slider=Filling out the Application?}
Congratulations!!!  You have passed the hurdle of determining that the “Sending” property has a residential building site to transfer.  The next stipulation is that the "Sending" property must be of greater agricultural value than that of the “Receiving” property.  

When filling out the applications, each property’s information will need to be accurate and kept separate.
{/slider}

{slider=Applicant/Owner of Record?}
It is conceivable that the applicant may not be the owner of either parcel but is applying on a contingency basis.  Our office will need a complete name and mailing address for all owners as well as the applicants for correspondence purposes.
{/slider}

{slider=Location/Site Address?}
This can be as simple as the address of an existing home on the property in question or as vague as a crossroad and city, i.e. 2 miles South of Fruitland on Elmore Road.
{/slider}

{slider=Narrative?}
In your own words, describe what is your request and how it complies with the Transfer Ordinance. Again, a clear, concise narrative will best express your ideas to the Commission. You will also submit this or a form of this orally to the commission and/or Board at the time of the Public Hearing.
{/slider}

{slider=Conceptual Plan?}
This conceptual plan of the property will need to show the proposed site of the new dwelling, any existing structures on the property, access to public roadways, parking areas, easements, utilities, retention basins, setbacks, North arrow and any other features that may be applicable to the property.
{/slider}

{slider=Legal Description of Property?}
This is a metes and bounds description in its entirety that can be found on the deed describing the last transfer of  the property(s). It will need to be very accurate as it will be printed as a public notice in the local newspaper. It will also dictate where the home may be located.
{/slider}

{slider=Names and Addresses of Property Owners Within 300 Ft:?}
The names of those persons owning property 300 ft from your property lines (available at the Assessor's Office) are required as they will be all mailed a copy of the public hearing notice and be allowed reasonable input at the public hearing.  If the property(s) are within a mile of a CAFO, their name and address must also be included.
{/slider}

{slider=Additional Attachments:?}
Information relating the irrigation of the sending and receiving properties which describes the availability of water, the nature of the irrigation delivery and/or drainage application systems. If the receiving property lies within an irrigation district and will receive water from such district the applicant must demonstrate in writing that the applicant has met with and obtained a recommendation from the district affected by the application.

Recommendation by the affected road department and any other entities recommendation which will result from or be required by the transfer of a development right should also be attached.

NOTE:  

The owner of the “Sending” property must supply a title report on the property to notify all lien holders who claim any interest in the property of their intention to move a right to build. In the event a development right is transferred without the consent of ALL lien holders, Idaho Code makes the transfer void ab initio.

The application must be complete before it can be accepted by the P&Z office.  The Administrator reserves the right to hold but not officially accept this application until total review is accomplished and all required information is submitted. The Planning and Zoning Administrator shall have the authority to require additional specific information relevant to the consideration of any application.
{/slider}

Note:  
The owner of the “Sending” property must supply a title report on the property to notify all lien holders who claim any interest in the property of their intention to move a right to build. In the event a development right is transferred without the consent of ALL lien holders, Idaho Code makes the transfer void ab initio.

The application must be complete before it can be accepted by the P&Z office.  The Administrator reserves the right to hold but not officially accept this application until total review is accomplished and all required information is submitted. The Planning and Zoning Administrator shall have the authority to require additional specific information relevant to the consideration of any application.

Transfer Specifications

PAYETTE COUNTY PLANNING AND ZONING
VIEWING AGENDA
January 8, 2019

 11:30 NO HOST LUNCH @ JIMBO’S, Payette, ID.          208-739-9092

1. Distribute packets for January 10, 2019 public hearing.

2. Discuss Comprehensive Plan Update.

3. Discuss farm labor housing issue.

4. 12:30 P.M. Viewing of Properties

OLD BUSINESS: NONE

NEW BUSINESS:

I – Conditional Use Permit – Martial Arts Studio. Applicant is Kelly James Dullanty, 1875 NW 1st Ave, Fruitland, ID. Subject parcel is located at 1875 NW 1st Ave, Fruitland, ID and owned by Kelly James and Gina Dullanty, 1875 NW 1st Ave, Fruitland, ID.

 The subject property is described more specifically:
Section 3-7N-5W TAX 29 IN NWNE, Boise Meridian, Payette County, Idaho

 
PAYETTE COUNTY PLANNING AND ZONING
PUBLIC HEARINGS – REGULAR MEETING
January 10, 2019 8 @ 7:00 P.M.

OLD BUSINESS: NONE

NEW BUSINESS:

I – Conditional Use Permit – Martial Arts Studio. Applicant is Kelly James Dullanty, 1875 NW 1st Ave, Fruitland, ID. Subject parcel is located at 1875 NW 1st Ave, Fruitland, ID and owned by Kelly James and Gina Dullanty, 1875 NW 1st Ave, Fruitland, ID.

 The subject property is described more specifically:
Section 3-7N-5W TAX 29 IN NWNE, Boise Meridian, Payette County, Idaho

Regular Meeting:

APPROVAL OF DECEMBER 2018 MINUTES - ACTION ITEM

OLD BUSINESS: NONE

NEW BUSINESS

PUBLIC HEARING DECISIONS:

I – Conditional Use Permit – Martial Arts Studio. Applicant is Kelly James Dullanty, 1875 NW 1st Ave, Fruitland, ID. Subject parcel is located at 1875 NW 1st Ave, Fruitland, ID and owned by Kelly James and Gina Dullanty, 1875 NW 1st Ave, Fruitland, ID.  -  ACTION ITEM

 
OTHER:

1. Discuss Comprehensive Plan Update - ACTION ITEM

2. Discuss farm labor housing - ACTION ITEM

3. Administrative Reports
    a. February public hearing applications.
    b. Appreciation dinner


Any person needing special accommodations to participate in the above noticed meeting should contact the Planning and Zoning Administrator's office at the County Courthouse seven days prior to the meeting. 

 

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