Payette County

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PAYETTE COUNTY PLANNING AND ZONING

VIEWING AGENDA

Tuesday, February 7, 2023

 

11:30 a.m. NO HOST LUNCH @ ERIKA’S KITCHEN, PAYETTE                    208-739-9724

  1. Distribute packets for February 9, 2023 Public Hearings

 

  1. Create ordinance to allow recreation vehicle use as a temporary residence; create ordinance to allow temporary residence during construction of new residence.

 

  1. Discussion on proposed amendments to Payette County Code § 8-5-10 Transfer of Development Right; Nonqualifying Parcels.

 

  1. Viewing of properties

 

OLD BUSINESS:

 

NEW BUSINESS:

 

Rezone- A- Agricultural to R-Residential: Application is made by Chelsey and Andrea Warrington. Parcel is owned by Chelsey and Andrea Warrington, 5235 S. Whitley Drive, Fruitland, Payette County, Idaho. Subject parcel is located at 1660 Fairview Avenue, Fruitland, Payette County, Idaho.

             The subject parcel is described more specifically as:

A portion of land identified as: Sec 22-T7N-R5W, W 990’ of SESW, Boise Meridian, Fruitland, Payette County, Idaho.

 

Conditional Use Permit- Gravel Pit: Application is made by Tripple Crown Development, LLC. Parcel is owned by Eagle Island Ranch, Inc., 7270 N. Tree Haven Pl., Meridian, Ada County, Idaho. Subject parcel is located at 6603 Bluff Road, New Plymouth, Payette County, Idaho.

            The subject parcel is described more specifically as:

A portion of land identified as: Sec 36-T8N-R4W, Rev Tax 1, Boise Meridian, New Plymouth, Payette County, Idaho.

Amend-8-5-10: TRANSFER OF DEVELOPMENT RIGHTS; NONQUALIFYING PARCELS:

 

PAYETTE COUNTY PLANNING AND ZONING

PUBLIC HEARINGS - REGULAR MEETING

January 12, 2023

OLD BUSINESS: NONE

NEW BUSINESS: PUBLIC HEARINGS

7:00P.M.

Rezone- A- Agricultural to R-Residential: Application is made by Chelsey and Andrea Warrington. Parcel is owned by Chelsey and Andrea Warrington, 5235 S. Whitley Drive, Fruitland, Payette County, Idaho. Subject parcel is located at 1660 Fairview Avenue, Fruitland, Payette County, Idaho.

            The subject parcel is described more specifically as:

A portion of land identified as: Sec 22-T7N-R5W, W 990’ of SESW, Boise Meridian, Fruitland, Payette County, Idaho.

ACTION ITEM: Public hearing decision

7:15 P.M.

I-Conditional Use Permit- Gravel Pit: Application is made by Tripple Crown Development, LLC. Parcel is owned by Eagle Island Ranch, Inc., 7270 N. Tree Haven Pl., Meridian, Ada County, Idaho. Subject parcel is located at 6603 Bluff Road, New Plymouth, Payette County, Idaho.

            The subject parcel is described more specifically as:

A portion of land identified as: Sec 36-T8N-R4W, Rev Tax 1, Boise Meridian, New Plymouth, Payette County, Idaho.

ACTION ITEM: Public hearing decision

7:30 P.M.

I- Amend-8-5-10: TRANSFER OF DEVELOPMENT RIGHTS; NONQUALIFYING PARCELS:

  1. Definitions:

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 the definition of Sending Property of this section, and which does not create more than four (4) residences on an original parcel may qualify as a receiving property subject to the following conditions:

 Is designated as agricultural on the comprehensive plan and is at least twenty (20) acres in size.

B a. Is designated as residential on the comprehensive plan but is not located within a city area of impact and is at least three (3) acres one (1) acre in size.

C b. Is designated as residential on the comprehensive plan, located within a city area of impact, is at least two (2) acres  in size, is at least one (1) acre in size, and is in compliance with Section Q C of this section. Or

  1. Is designated agricultural preservation on the comprehensive plan, is contiguous and under the same ownership as the sending parcel.

SENDING PROPERTY: A parcel of land which qualifies for a residential building right may qualify as a sending property subject to the following conditions:

  1. Is located in an area designated as agricultural preservation on the comprehensive plan.

   which has been designated as land which should be preserved because it is irrigated agricultural land, is in an area where open spaced need to be preserved, is a critical wildlife habitat or needs to be protected to enhance and maintain the rural character of Payette County, is contiguous with agricultural lands suitable for long-range farming and ranching operations, or to avoid creation of aviation hazards as defined in section 21-501(2), Idaho Code may qualify as sending property.

  1. Is zoned agricultural, designated residential on the comprehensive plan, is contiguous and under the same ownership as the receiving parcel.

TRANSFER OF DEVELOMENT RIGHTS: The process by which development rights are transferred from one lot, parcel or tract of land in any sending area to another lot, parcel or tract of land in one or more a receiving areas. A transferred development right may also be referred to herein as a TDR.

  1. Application: In the event a person desires to move a development right for a residential building permit from one parcel of land which qualifies for a single-family residential building right to another parcel of land which does not qualify for a single-family residential building right, that person shall file an application for that purpose with the zoning administrator. The application shall include, but not be limited to, the following information:
  2. A conceptual plan.
  3. Information and vicinity map concerning the location and physical characteristics of the receiving property.
  4. Information relating to the irrigation of the sending and receiving properties which describes the availability of water, the nature of the irrigation delivery and application systems and any changes which will result from or be required by the transfer of a development right.
  5. 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. Applicant shall provide a plan, easement, and agreement to deliver water to all parcels created.
  6. Receiving property shall provide a dedicated easement for utilities and future road expansion.

e.f. Proof of ownership of both the sending and the receiving property.

  1. The planning and zoning administrator shall have the authority to require additional specific information relevant to the consideration of any application.

               f.h. An application fee as prescribed by resolution of the Board.

  1. Meeting Agenda: The zoning administrator shall place the matter on the agenda for the next available regularly scheduled planning and zoning commission meeting. City Review: If the receiving property lies in a city impact area, the administrator shall forward the application to the appropriate city for review and comment before the application may be considered for approval or denial. The city shall submit their comment letter no more than forty-five (45) days following receipt of the application from the county. If the city responds with an unfavorable recommendation, a public hearing shall be scheduled, with the applicant being responsible for all public hearing fees. If the city fails to respond, the administrator shall proceed with processing the application for approval or denial.
  2. City Impact Area: The city shall include in their recommendation letter:
  3. The building site is or is not compatible with the city’s expansion plans.
  4. The building site does or does not interfere with any projected rights of way.
  5. The applicant shall enter into a written agreement with the county to provide dedicated easements for future expansion of city water, sewer, sidewalk, and street systems, consistent with any county code provisions applicable to the city impact area in which the applicant’s receiving property is located. The county shall provide the affected city with a copy of the draft agreement for review and comment.

 

  1. Notice to neighboring landowners and public notice shall be provided as required by law.

If no objection is received to the proposed transfer, the planning and zoning administrator shall determine if the request for a transfer of development right complies with the requirements set forth in this section and either approve or deny the application based thereon. If the administrator receives objection(s) that the sending and/or receiving parcel(s) do not qualify or the application does not meet the criteria set out in paragraph B of this code, a public hearing shall be held before the planning and zoning commission. Analysis: Before the board designates those properties which may be considered as receiving areas, the commission shall do an analysis to determine which areas will have the capacity to accommodate the number of development rights which potentially may be generated from the sending areas.

  1. Disqualification From Further Permits: Designation: In the event a parcel of land has not been designated as lying in a receiving area, in the case where the commission determines that the property has the capacity to accommodate an additional residential dwelling, that parcel may be designated as a receiving parcel.
  2. Upon the transfer of a development right, the sending parcel shall be disqualified in perpetuity from receiving any further TDR building rights.
  3. Sending parcels that are designated agricultural on the comprehensive plan shall be disqualified from residential rezone for a period of 50 years.
  4. Sending properties that are designated agricultural on the comprehensive plan shall be disqualified from commercial or industrial rezone except for agricultural purposes. Such properties may be rezoned with a development agreement as described in Idaho Code section 67-6511A and section 8-5-11 of this title, with the following additional restrictions and conditions:
  5. The development agreement will only be approved on condition that the development is directly beneficial to local agricultural operations.
  6. The burden shall be on the applicant to show that the proposed development is consistent with the goal of preserving agricultural ground, and the loss of agricultural ground is justified.
  7. The application for a development agreement may be approved or denied based on the same standards identified in section 8-9-3 of this title.
  8. The development agreement shall be required even when the use does not require a rezone but would otherwise be barred as the result from a transfer of a development right.
  9. If the proposed use requires a rezone of the property and the approved use ceases at any point, the comprehensive plan designation and the zoning shall automatically revert to agricultural with no notice or public hearing.

      G.F.  Sale of Development Right: No person may be required to sell a development right. Disqualification From Further Permits: Upon the transfer of a development right, the sending parcel shall be disqualified in perpetuity from receiving any further building rights. 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.

      H.G Time Limit:  The development right shall stay with the receiving property and shall not be further transferred.  Disqualification From Subsequent Transfer: Upon the transfer of a development right, the receiving parcel shall be disqualified from any further transfer of that development right.

  1. Within thirty (30) ninety (90) days of approval of a transfer of development right, applicant shall have the receiving property surveyed by a licensed land surveyor. The ninety (90) days may be extended by the planning and zoning administrator for good cause. Said survey shall clearly label existing boundary lines, new property boundary lines, right of ways, and easements, and shall follow generally accepted practices in the survey industry. Applicant shall provide and record deeds with complete legal descriptions, as defined in Idaho Code §§ sections 63-209 and 63-210, describing the two segregated properties. Upon approval and acceptance of the recorded deeds, the Zzoning Aadministrator shall prepare a document entitled “Transfer of a Development Right Agreement”. The document agreement shall include the names and addresses of the seller and buyer, the legal description of the sending and receiving properties, and any conditions imposed thereon. The document agreement shall be signed by all owners of the sending and receiving property and the chairman of the board of county commissioners, and the signatures shall be notarized in a manner that the document agreement can be recorded. The buyer shall record the Transfer of a Development Right document Agreement at the office of the Payette County Clerk and shall deliver a copy of the recorded document to the zoning administrator. The agreement must be recorded within ninety (90) thirty (30) days of approval completion of the survey or the approval will be withdrawn and the application process will have to start over with no refund of fees. The Zoning Administrator shall deliver a copy of the recorded document to each title company in Payette County, Idaho. Sale of Development Right: No person may be required to sell a development right.
  2. Water Rights: A transfer of a development right does not include transfer any water rights. Any water rights remain with the sending parcel. If irrigation water is available with the receiving parcel and a segregation from the parent lot is warranted, a pressurized irrigation system may water delivery plan shall be required. The irrigation system shall not add additional weirs or diversions from the main ditch.  Time Limit: It shall be at the discretion of the persons selling and buying a transferable development right to determine whether a right will be transferred permanently or will expire if not exercised within a set period of time. In the event the seller and the buyer determine that the development right must be used within a set period of time, that agreement and the accompanying time limitations shall be set out in the application. If the development right is not used before the end of the time period provided by written contract and any extension thereof, the development right will revert to the property from which it was transferred. The buyer and seller shall be responsible for recording such documents as is necessary to put subsequent purchaser on notice of the transferred development right. 

 

  1. Signatures: No transfer of a development right will occur without the voluntary acceptance of the landowner of the development right and any land use restrictions conditional to such acceptance and 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 ensure that the board has the information required by this section, at the time an application for a transfer is submitted, the applicant shall provide the zoning administrator with a title report from a title insurance company, which report shall show all lien holders and all parties who have an interest in the property from which the development right is being transferred. Water Rights: A transfer of a development right does not include any water rights. Any water rights remain with the sending parcel. If irrigation water is available with the receiving parcel and a segregation from the parent lot is warranted, a pressurized irrigation system may be required. The irrigation system shall not add additional weirs or diversions from the main ditch.

 

      K  Recommendation and Reasoned Statement: After determination is made by the administrator, or the planning and zoning commission if a public hearing is required, the administrator shall forward a recommendation to the board. The board may hold its own public hearing or may rely upon the recommendation and the record presented by the administrator. The board shall then grant or deny the request. In determining if the request is or is not consistent with the criteria of this section, the board shall make a reasoned statement as required by Idaho Code sections 67-6519 and 67-6535.  Signatures: No transfer of a development right will occur without the voluntary acceptance of the landowner of the development right and any land use restrictions conditional to such acceptance and 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 ensure that the board has the information required by this section, at the time an application for a transfer is submitted, the applicant shall provide the zoning administrator with a title report from a title insurance company, which report shall show all lien holders and all parties who have an interest in the property from which the development right is being transferred.

 

  1. Precedents: The issuance of a permit under these circumstances shall not be precedent setting. Public Hearing: No transfer shall occur until such time as the planning and zoning commission shall hold a public hearing and make findings which are consistent with this chapter. Notice of the hearing shall be published one time at least fifteen (15) days prior to the hearing and shall be sent to landowners who own property within one thousand feet (1000’) of the receiving parcel and to the manager of the local airport if the request could create an aviation hazard as defined in section 21-501 I.C.

 

  1. M. Compliance With Applicable Subdivision Requirements: Permits issued pursuant to this section shall not exempt any parcel, lot, tract or property from complying with any applicable subdivision requirements. Recommendation And Findings: After holding a public hearing, the commission shall forward a recommendation to the board. The board may hold its own public hearing or may rely upon the record made by the commission. The board shall then grant or deny the request. In determining if the request is, or is not consistent with the criteria of this section, the board shall make findings as required by sections 67-6519 and 67-6535 of the Idaho Code.

 

  1. Justification For Transfer: The transfer of a development right shall be discretionary with the board. The burden shall be upon an applicant to show that conditions exist which would justify a transfer. Precedents: The issuance of a permit under these circumstances shall not be precedent setting.

 

R.O. Appeal: Any person aggrieved by the granting or denial of a request for a TDR may appeal by following the procedures set out in this the code. (Ord. 2016-2, 8-29-2016; amd. Ord. 2021-06, 9-13-2021) Compliance With Applicable Subdivision Requirements: Permits issued pursuant to this section shall not exempt any parcel, lot, tract or property from complying with any applicable subdivision requirements.

 

  1. Justification For Transfer: The transfer of a development right shall be discretionary with the board. The burden shall be upon an applicant to show that conditions exist which would justify a transfer.

 

  1. City Impact Area: Development rights may be transferred into a city impact area if the following conditions are met. As a condition of obtaining a transfer into a city impact area, an applicant shall show:

 

  1. That the building site is compatible with the city’s expansion plans.
  2. That the building site does not interfere with any projected rights of way.

 

       The applicant shall enter into a written agreement with the County: to provide dedicated easements for future expansion of city water, sewer, sidewalk, and street systems.

 

  1. That when the land surrounding the receiving property becomes an approved

subdivision, the receiving property shall become a part of the subdivision and any                                improvements required to make the receiving property a part of the subdivision shall be made at the owners’ expense.

     

  1. That in the event the sending property is adjacent to or abuts the receiving property

and the sending property is subdivided, the receiving property shall become a part of the      subdivision and all improvements on the receiving property shall be made at the receiving property owners’ expense. All improvements shall be made to conform to then existing city subdivision requirements.

ACTION ITEM: Public hearing decision

 

Regular Meeting:

ACTION ITEM: Approval of minutes

 

OLD BUSINESS: (Action Items)

 

  1. Create Farm Labor Housing ordinance
  2. Create ordinance to allow recreation vehicle use as temporary residence
  3. Create ordinance to allow temporary residence during construction of new residence

 

OTHER:

 

  1. Administrative Reports
  1. March 9, 2023 public hearing applications.
  2. 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.

Patti Nitz, Administrator
Address: 1130 3rd Ave. N., Room 107 
Payette, ID  83661
Phone: (208) 642-6018
Fax: (208) 642-6011

Office Hours:
Weekdays 8 am to 5 pm (Excluding Holidays)

Due to staffing in Planning & Zoning we recommend calling before visiting this office. 

It is the duty of the Planning and Zoning Administrator and Staff to apply and enforce the Zoning Ordinance and Subdivision Ordinance adopted by the Board of County Commissioners, as authorized by Idaho Code §67-6511 and Idaho Code §67-6513. These ordinances apply to the unincorporated areas of Payette County and set standards for development as growth occurs. The Zoning Ordinance is designed to encourage and facilitate orderly growth and development while protecting property rights, encouraging the protection of prime agricultural and mining lands, avoiding overcrowding of land, and focusing urban-type development within the incorporated cities. The Subdivision Ordinance is designed to provide harmonious development with coordination of streets and roads and avoid scattered subdivisions of land that would adversely affect water supply, sewer service, drainage, and transportation.

The Administrator and Staff work closely with the twelve-member Planning and Zoning Commission appointed by the Board of County Commissioners. Decisions made by the Planning and Zoning Commission are guided by the Local Land Use Planning Act, Idaho Code Title 67 Chapter 65, and Payette County Zoning and Subdivision Ordinances.

Planning and Zoning Staff provides assistance to the Building Department, verifying building rights and issuing building permits as approved by the Building Official and the Planning and Zoning Administrator.

Additionally, the Department is responsible for administration of the Flood Control Ordinance as adopted by the Board of County Commissioners and authorized by Idaho Code §46-1020 through §46-1024. The Flood Control Ordinance follows standards set by Federal Emergency Management Agency, designed to minimize damage and safety hazards caused by flood events.

 

The Payette County Comprehensive Plan and Map were approved May 8, 2006
Comprehensive Plan  May 8, 2006

 

Public Hearing Applications are available through the Planning and Zoning Office 

Appeals, Conditional Use Permits (CUP), Variances

CAFO (Confined Animal Feeding Operation)

Comprehensive Plan Amendment

Transfer of development Right (TDR) 

Rezone, Preliminary Plat Request

(Remember that a Pre-Application meeting is required prior to the acceptance of all Rezones and/or Preliminary Plat Applications. Please make an appointment.)

 

IT'S TIME FOR A NEW COUNTY COMPREHENSIVE PLAN!!

Payette County last adopted a Comprehensive Plan in 2006 and, with a few modifications over the years, it has served the County well. However, a lot has changed in the past 14 years and we’d like you to join us in a new planning process.

What is a Comprehensive Plan?

Think of a comprehensive plan as a 10 – 20-year roadmap for the future of our County. While the focus of a comprehensive plan is to guide planning and zoning decisions, the scope of the plan is much broader, encompassing many issues that impact county residents including public services, natural resources, recreation and transportation, among others. A plan is prepared with the involvement of county residents, community groups and other public agencies, and must reflect their issues and concerns. The best Comprehensive Plan will address topics that extend beyond the planning and zoning functions and address areas of concern to the County government and all County residents and visitors.

Idaho Counties must prepare and maintain a current comprehensive plan in accordance with Idaho Code Section 67-6508. The plan must consider “previous and existing conditions, trends, desirable goals and objectives, or desirable future situations” within numerous planning components (such as, land use, natural resources, recreation, hazardous areas etc.).

FOR MORE INFORMATION PLEASE SEE THE COMP PLAN UPDATE PAGE UNDER PLANNING AND ZONING TO THE LEFT.

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