Payette County

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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.
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{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.
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{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.

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

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).
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{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.
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{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 9, 2018

 11:30 NO HOST LUNCH @ HIDEAWAY GRILL, PAYETTE, ID.     208-642-4433 **********************************************************************

1. Distribute packets for January 11, 2018 public hearings.

2. Comp Plan Update:  Draft Population Analysis

3. Distribute By-Laws for review.

4. Review of public meeting procedures.

5. 12:30 P.M. Viewing of Properties

OLD BUSINESS: HEARINGS CONTINUED FROM DECEMBER 14, 2017 
 
I – Comprehensive Plan Change – Agricultural to Industrial - By applicant Amalgamated Sugar Company, 1951 S Saturn Way, Suite 100, Boise, ID. Owned by Richard, Robin & Colton Purdum 6215 Denver Road, New Plymouth, ID

The property is described more specifically:
A portion of land identified as Sec 01-7N-5W SWSW W of Drain & E of Canal, Boise Meridian, Payette County, ID. [Tax Parcel 7673]

II – Rezone – A/Ag to I1-Industrial - By applicant Amalgamated Sugar Company, 1951 S Saturn Way, Suite 100, Boise, ID. Owned by Richard, Robin & Colton Purdum 6215 Denver Road, New Plymouth, ID.

The property is described more specifically:
A portion of land identified as Sec 01-7N-5W SWSW W of Drain & E of Canal, Boise Meridian, Payette County, ID. [Tax Parcel 7673]
 
NEW BUSINESS:

I- Conditional Use Permit – For a Gravel mining, crushing and asphalt hot plant operation located at 5435 Hwy 52, New Plymouth, ID. Applicants are LeeRoy, Lorrie & Mason Tracy. Subject parcel is owned by Lorrie Tracy, 8144 Estates Blvd., Fruitland, ID

The property is described more specifically:
A portion of land identified as Sec 2-7-4W Tax 271 in SE, Boise Meridian, Payette County, ID. [Tax Parcel 0367]

II – Comprehensive Plan Change – Low Density Residential to Industrial - By applicant CBASS, LLC, 10800 Hwy 95, Payette, ID. Owned by High Desert Towing & Salvage, 10800 Hwy 95, Payette, ID

The property is described more specifically:
A portion of land identified as Sec 22NE-09N-05W, Green Hill Tract Blks 7 & 6 less Tax #S 1 & 2 less Hwy, Boise Meridian, Payette County, ID. [Tax Parcel 2711]

III – Rezone – A/Ag to I1-Light Industrial - By applicant Larry L. & Pamela E. Grant for a certain parcel located at 2195 NW 2nd Avenue, Fruitland. Owned by Larry L. & Pamela E. Grant, PO Box 8, Fruitland, ID.

The property is described more specifically:
A portion of land identified as Sec 35-8N5W W ½ E ½ Less Tax 10, Boise Meridian, Payette County, ID. [Tax Parcel 7633]

IV – Rezone – A/Ag to I1-Light Industrial - By applicant Mark L. & Felicia A. Howe for a certain parcel (to be segregated) located near 2211 NW 2nd Avenue, Fruitland, ID. Owned by Sibyl L. Spencer L Estate & Mark L. Howe, PO Box 1073, Fruitland, ID.

The property is described more specifically:
A portion of land (to be segregated) identified as Sec 35-8N-5W E ½ E ½ NW W of Canal less Tax 10, Boise Meridian, Payette County, ID. [Tax Parcel 2199]


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PAYETTE COUNTY PLANNING AND ZONING
PUBLIC HEARINGS – REGULAR MEETING
JANUARY 11, 2018 @ 7:00 P.M.

OLD BUSINESS: HEARINGS CONTINUED FROM DECEMBER 14, 2017 TO RECEIVE COMMENT FROM IDAHO TRANSPORTATION DEPARTMENT & HIGHWAY DISTRICT NO. 1

I – Comprehensive Plan Change – Agricultural to Industrial - By applicant Amalgamated Sugar Company, 1951 S Saturn Way, Suite 100, Boise, ID. Owned by Richard, Robin & Colton Purdum 6215 Denver Road, New Plymouth, ID

The property is described more specifically:
A portion of land identified as Sec 01-7N-5W SWSW W of Drain & E of Canal, Boise Meridian, Payette County, ID. [Tax Parcel 7673]

II – Rezone – A/Ag to I1-Industrial - By applicant Amalgamated Sugar Company, 1951 S Saturn Way, Suite 100, Boise, ID. Owned by Richard, Robin & Colton Purdum 6215 Denver Road, New Plymouth, ID.

The property is described more specifically:
A portion of land identified as Sec 01-7N-5W SWSW W of Drain & E of Canal, Boise Meridian, Payette County, ID. [Tax Parcel 7673]

NEW BUSINESS:

I- Conditional Use Permit – For a Gravel mining, crushing and asphalt hot plant operation located at 5435 Hwy 52, New Plymouth, ID. Applicants are LeeRoy, Lorrie & Mason Tracy. Subject parcel is owned by Lorrie Tracy, 8144 Estates Blvd., Fruitland, ID

The property is described more specifically:
A portion of land identified as Sec 2-7-4W Tax 271 in SE, Boise Meridian, Payette County, ID. [Tax Parcel 0367]

II – Comprehensive Plan Change – Low Density Residential to Industrial - By applicant CBASS, LLC, 10800 Hwy 95, Payette, ID. Owned by High Desert Towing & Salvage, 10800 Hwy 95, Payette, ID

The property is described more specifically:
A portion of land identified as Sec 22NE-09N-05W, Green Hill Tract Blks 7 & 6 less Tax #S 1 & 2 less Hwy, Boise Meridian, Payette County, ID. [Tax Parcel 2711]

III – Rezone – A/Ag to I1-Light Industrial - By applicant Larry L. & Pamela E. Grant for a certain parcel located at 2195 NW 2nd Avenue, Fruitland. Owned by Larry L. & Pamela E. Grant, PO Box 8, Fruitland, ID.

The property is described more specifically:
A portion of land identified as Sec 35-8N5W W ½ E ½ Less Tax 10, Boise Meridian, Payette County, ID. [Tax Parcel 7633]

IV – Rezone – A/Ag to I1-Light Industrial - By applicant Mark L. & Felicia A. Howe for a certain parcel (to be segregated) located near 2211 NW 2nd Avenue, Fruitland, ID. Owned by Sibyl L. Spencer L Estate & Mark L. Howe, PO Box 1073, Fruitland, ID.

The property is described more specifically:
A portion of land (to be segregated) identified as Sec 35-8N-5W E ½ E ½ NW W of Canal less Tax 10, Boise Meridian, Payette County, ID. [Tax Parcel 2199]

 

Regular Meeting:


APPROVAL OF DECEMBER 2017 MINUTES

OLD BUSINESS:

PUBLIC HEARING DECISIONS:

I - Comprehensive Plan Change – Agricultural to Industrial - By applicant Amalgamated Sugar Company, 1951 S Saturn Way, Suite 100, Boise, ID. Owned by Richard, Robin & Colton Purdum 6215 Denver Road, New Plymouth, ID
 
II – Rezone – A/Ag to I1-Industrial - By applicant Amalgamated Sugar Company, 1951 S Saturn Way, Suite 100, Boise, ID. Owned by Richard, Robin & Colton Purdum 6215 Denver Road, New Plymouth, ID.

NEW BUSINESS

 PUBLIC HEARING DECISIONS:

I- Conditional Use Permit – For a Gravel mining, crushing and asphalt hot plant operation located at 5435 Hwy 52, New Plymouth, ID. Applicants are LeeRoy, Lorrie & Mason Tracy. Subject parcel is owned by Lorrie Tracy, 8144 Estates Blvd., Fruitland, ID

II – Comprehensive Plan Change – Low Density Residential to Industrial - By applicant CBASS, LLC, 10800 Hwy 95, Payette, ID. Owned by High Desert Towing & Salvage, 10800 Hwy 95, Payette, ID

III – Rezone – A/Ag to I1-Light Industrial - By applicant Larry L. & Pamela E. Grant for a certain parcel located at 2195 NW 2nd Avenue, Fruitland. Owned by Larry L. & Pamela E. Grant, PO Box 8, Fruitland, ID.

IV – Rezone – A/Ag to I1-Light Industrial - By applicant Mark L. & Felicia A. Howe for a certain parcel (to be segregated) located near 2211 NW 2nd Avenue, Fruitland, ID. Owned by Sibyl L. Spencer L Estate & Mark L. Howe, PO Box 1073, Fruitland, ID.

OTHER:

1. Distribute By-Laws to review for February Biennial Meeting.

2. Review of public hearing/public meeting procedures/protocol.

3. Comp Plan Update:  Draft Population Analysis.
 
4. Administrative Reports
a. February public hearing applications.
b. P&Z 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. 

 

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     
2017     
                                                                          

     PUBLIC HEARING DATE               CLOSING DATE
January 12, 2017   December 21, 2016
February 9, 2017   January 18, 2017
March 9, 2017   February 15, 2017
April 13, 2017   March 22, 2017
May 11, 2017   April 19, 2017
June 8, 2017   May 17, 2017
July 13, 2017   June 21, 2017
August 17, 2017   July 26, 2017
September 14, 2017   August 23, 2017
October 12, 2017   September 20, 2017
November 9, 2017   October 18, 2017
December 14, 2017   November 22, 2017

Patti Nitz, Administrator
Address: 1130 3rd Ave. N.
Payette, ID  83661
Phone: (208) 642-6018
Fax: (208) 642-6011
Office Hours:
Weekdays 8 am to 5 pm (Excluding Holidays)

 

AEHI's Rezone and accompanying applications, as well as the hearing record, can be viewed in the office (the online repository is undergoing maintenance)


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

Comprehensive Plan Amendment

Rezone, Preliminary Plat Request

Transfer of development Right (TDR) 

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

Courthouse location

Payette County,
1130 3rd. Ave. N., Payette, Id. 83661

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General Courthouse Hours

Monday - Friday: 9 AM - 5 PM