/ Planning and Zoning Staff Report Lonestar Land, LLC. - Rezone, RZ

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1 / Planning and Zoning Staff Report Lonestar Land, LLC. - Rezone, RZ Hearing Date: October 18, 2018 Development Services Department Applicant: Lonestar Land, LLC. Representative: Lance Warnick Aspen Engineers Staff: Jennifer Almeida jalmeida@canyonco.org Tax ID: R & R32979 Parcel Size acres Request Lone Star Land, LLC is requesting a Rezone of approximately acres from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. The average minimum lot size in an R-1 zone is one (1) acre. The subject properties, R &R32979 are located on the north side of Lone Star Rd., approximatley1308 ft. west of the intersection of Lake Ave. and Lone Star Rd., in a portion of the SW ¼ of Section 23, T3N, R3W, B.M., Canyon County, Idaho. Background The subject property was an original parcel dating back to The home was divided off prior to 1992, prior to an administrative land division application being required. Current Uses: Residential & Agricultural Current Zone: A (Agricultural) Area of City Impact Caldwell Canyon County Comprehensive Plan Designation: Residential Applicable Zoning Land Use Regulations: CCZO , , Notification: 9/4/18 Agencies & Caldwell 9/17/18 Radius Notice 10/2/18 Publication 10/9/18 Posting Exhibits: 1. Proposed FCO s 2. Applicant s Letter of Intent & land use worksheet 3. Applicant s Site Plan 4. Neighborhood Meeting List 5. Small Air Photo 6. Vicinity Map 7. Zoning Map 8. Subdivision Map 8A. Lot Report 9. Soil Map 10. Prime Farmland Map CC Future Land Use Map 12. City of Caldwell Land Use Map 13. Lot Classification Map 14. Contour Map 15. Nitrate Priority Area Map 16. Southwest District Health Dept. If approved, as proposed a subdivision plat would be required for the development. The property is located within Caldwell s Area of City Impact. The current impact area, which includes the subject property, was recommended for approval by the P&Z Commission on April 21, 2016, and was subsequently approved by the Board of County Commissioners on September 2, 2016 (Ord. #16-011). Analysis The applicant is requesting to change the zoning of two (2) parcels totaling approximately acres from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. The average minimum lot size in an R- 1 zone is one (1) acre. CCZO (3) defines the purpose of the R- 1 (Single Family Residential) zone as to promote and enhance predominately single family living areas at a low density standard. The subject property is designated as residential on the Canyon County Future Land Use Map (Exhibit 11). CCZO (1) states the County shall give consideration to the city s comprehensive plan map designations when evaluating requests within the Caldwell area of City Impact. The City of Caldwell designates the property as Residential Estates, which anticipates density to be 2 units per gross acre (Exhibit 21). Surrounding Area & Zoning: The surrounding area is primarily agricultural in nature with as shown on Exhibit 5 and Exhibit 8. However, the property is within Caldwell s Area of City Impact where growth is expected. The property is also located within 350 ft. from Caldwell City Limits as shown on Exhibit 7. The parcel within city limits that is located 350 ft. north of the subject property, has an approved preliminary plat for development (Tuscan Ridge Subdivision), Exhibit 21. There is a trend for residential development in this area. STAFF REPORT Lonestar Land, LLC. RZ Page 1 of 5

2 17. Canyon Highway District No Boise Project Board of Control 19. Idaho Transportation Department 20. Site Photos Jarom Wagoner, City of Caldwell 22. Large Aerial Photo 23. TAZ Household Map There are 12 platted subdivisions within one (1) mile of the subject property for a total of 279 lots and a.52 acre average lot size (Exhibit 8 & 8A). The proposed development would create lots that are larger than the existing platted lots within one (1) mile. Sanitary Sewer & Domestic Water: The applicant will utilize a community water system or city water to provide domestic water to the development. The applicant has discussed the project with Southwest District Health Department and City of Caldwell and both agencies recommended that a community water system or city water be used (Exhibit 2). There are no city sewer services in the nearby area and individual septic systems are proposed for the development. The applicant will be required to adhere to Southwest District Health requirements / studies at the time of platting. Nitrate Priority Area: The subject property is not located within a Nitrate Priority area, Exhibit 15. Irrigation: The west side of the property is currently irrigated from an irrigation well located in the southwest corner of the property. The eastern portion of the property is currently irrigated via gravity irrigation. When developed, a pressurized irrigation system is proposed (Exhibit 2). Boise Project Board of Control noted that the Deer Flat Canal lies within the boundary of the property. The Board notes there is a 20 ft. federal easement on the west and a 41 ft. easement on the east side of the canals centerline (Exhibit 18). Any crossing of the canal will require a crossing agreement to be secured through the Bureau of Reclamation & Boise Project. All easements will be required to be shown on the plat. Access: The subject property has frontage on Lonestar Road and it is classified as an urban collector. The District has outlined spacing requirements onto Lonestar Road (Exhibit 17), and these requirements will be adhered to during the platting and development of the subdivision. The highway district is a signatory on the final plat. Canyon Highway District No. 4 will require a traffic impact study (TIS) prior to the Preliminary Plat. The district will require that the TIS analyze the entire 117 acres as one acre single family lots (Exhibit 17). The traffic impact study shall also be submitted to Development Services Department with the application for Preliminary Plat. STAFF REPORT Lonestar Land, LLC. RZ Page 2 of 5

3 Compass TAZ Forecasts: Community Planning Association of Southwest Idaho (COMPASS) provides regional long rage transportation planning as the MPO for the Treasure Valley. Traffic Analysis Zones (TAZ) are special areas delineated by state and/or local transportation officials for tabulating traffic related data. As part of each TAZ zone data is generated that forecasts future population, households, and jobs. The subject property is contained within TAZ 2279 and Household forecasts project an increase of households in TAZ 2279 and 4-50 households in 2742 (Exhibit 23). The forecasts indicate that household growth is expected to occur in this area, and a rezone to R-1 (Single Family Residential) is not premature. Zoning Amendment Criteria Standards of Review for Zoning Amendment ( ) A. Is the proposed zone change generally consistent with the comprehensive plan? The proposed zone change is generally consistent with the Canyon County Comprehensive Plan Future Land Use Map which designates the subject property as Residential (Exhibit 11). B. When considering the surrounding land uses, is the proposed zone change more appropriate than the current zoning designation? The proposed zone change is as appropriate as the existing zoning of Agriculture. However, the Future Land Use Map designates the subject property and surrounding area as Residential. The property is located within Caldwell s Area of City Impact where growth is expected to occur. The City of Caldwell designates the property as Residential Estates which anticipates density to be 2 units per gross acre (Exhibit 21). C. Is the proposed rezone compatible with surrounding land uses? The proposed rezone is compatible with the future land use map for both the County and the City of Caldwell which designate the property and surrounding area as residential. There are 12 platted subdivisions within one (1) mile and the proposed lot sizes would be larger than the average platted lot size within one mile (.52 acres). D. Will the proposed use negatively affect the character of the area? What measures will be implemented to mitigate impacts? The proposed use will not negatively impact the essential character of the area, as it is planned for residential uses. The property is located within Caldwell s Area of City Impact and is designated as Residential on the 2020 Comprehensive Plan Future Land Use Map. The future plan for this area by the County as well as the City of Caldwell is for residential uses. The property is located within 350 ft. from city limits, and the city property has been approved for a Preliminary Plat (Tuscan Ridge Subdivision), Exhibit 21. Because the applicant anticipates utilizing city or community water for the project, there will not be the need to drill individual wells for each lot, thus mitigating concerns regarding 100+ domestic wells in the area. E. Will adequate facilities and services including sewer, water, drainage, irrigation and utilities be provided to accommodate the proposed use? The applicant anticipates utilizing city water service or a community water system for the development. Individual septic systems are proposed. STAFF REPORT Lonestar Land, LLC. RZ Page 3 of 5

4 Pressurized irrigation is proposed for the development. Drainage will be addressed at the time of platting. A drainage plan is a required submittal with the application for preliminary plat. The applicant will be required to meet agency requirements at time of development and platting. F. Does legal access to the subject property for the development exist or will it exist at the time of development? The property currently has access on Lonestar Rd., a public road. Lonestar Road is classified as an urban collector. The District has outlined spacing requirements onto Lonestar Road (Exhibit 17), and these requirements will be adhered to during the platting and development of the subdivision. The highway district is a signatory on the final plat. 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? Canyon Highway District No. 4 will require a traffic impact study (TIS) prior to the Preliminary Plat. The district will require that the TIS analyze the entire 117 acres as one acre single family lots (Exhibit 17). The traffic impact study shall also be submitted to DSD with the application for Preliminary Plat. No mitigation measures are proposed at this time. 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? Canyon County Ambulance District, Nampa School District, Canyon County Sheriff, and Nampa Fire were notified of the request and did not provide responses to indicate that the proposed zone change amendment would have a negative impact. No mitigation measures are proposed at this time. Comprehensive Plan The proposed rezone is consistent with the Future Land Use Map which has this area designated as residential. The proposed zoning amendment is consistent with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to: Property Rights Policy No. 1- No person shall be deprived of private property without due process of law. Property Rights Policy No. 8- Promote orderly development that benefits the public good and protects the individual with a minimum of conflict. The subject property is located within Caldwell s Area of City Impact where growth is expected. The property is designated as residential on the 2020 Canyon County Future Land Use Map (Exhibit 11) as well as being planned for Residential Estates on the City of Caldwell s Future Land Use Map (Exhibit 12). 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 The request will add additional lots, within Caldwell s Area of City Impact, that will provide for a growing population. COMPASS TAZ household forecasts project an increase of households in TAZ 2279 and 4-50 households in 2742 (Exhibit 23). The forecasts indicate that household growth is expected to occur in this area. STAFF REPORT Lonestar Land, LLC. RZ Page 4 of 5

5 Economic Development Policy No. 6- Canyon County should identify areas of the county suitable for commercial, industrial, and residential development. New development should be located in close proximity to existing infrastructure and in areas where agricultural uses are not diminished. Although the primary land use in the area is agriculture, the property is located within 350 ft. from city limits. This area has been designated as future residential by both the County as well as the City of Caldwell. Land Use Goal No. 4 To encourage development in those areas of the county which provide the most favorable conditions for community services. The project is located within Caldwell s Area of City Impact, approximately 350 ft. from city limits. Both the County and the City have designated the area as future residential on their Future Land Use Maps. Land Use Goal No. 6 Designate areas where rural type residential development will likely occur and recognize areas where agricultural development will likely occur. The subject property is designated as residential on the Canyon County Future Land Use Map. The property is also located within Caldwell s Area of City Impact. The City of Caldwell designates this area as residential estates. Land Use Residential Goal No. 3- Encourage compatible residential zones or areas within the county so that public services and facilities may be extended and provided in the most economical and efficient manner. The subject property is located within Caldwell s Area of City Impact where growth is expected. Growth within the impact area provides the most economical and efficient manner of extending/providing services. 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 subject property is located within Nampa Fire District. Transportation Policy No. 10- Require new developments to provide stub streets that will connect to future developments on adjacent lands wherever possible in accordance with highway district standards and require appropriate signage. The applicant s site plan (Exhibit 2) displays stub streets that connect to adjacent parcels. Community Design Policy No. 9 Encouraged pressurized irrigation systems using non-potable water where reasonably possible (Idaho Code ). The applicant anticipates utilizing a pressurized irrigation system for the subdivision development. Comments Public Comments At the time of this report staff had not received any letters of support or concern regarding the proposed development. County Agency Comments Staff informed applicable agencies of the proposed rezone and the responses are attached as exhibits. Alternatives The Planning and Zoning Commission may recommend approval of the rezone as proposed; The Planning and Zoning Commission may recommend denial of the rezone as proposed 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. Recommendation STAFF REPORT Lonestar Land, LLC. RZ Page 5 of 5

6 Staff recommends the Planning and Zoning Commission open a public hearing and discuss the proposed Rezone 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. STAFF REPORT Lonestar Land, LLC. RZ Page 6 of 5

7 Canyon County Planning and Zoning Commission Lonestar Land, LLC. Rezone Case No. RZ Development Services Department October 18, 2018 Findings of Fact, Conclusions of Law, and Order Findings of Fact 1. Lone Star Land, LLC is requesting a Rezone of approximately acres from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. 2. The average minimum lot size in an R-1 zone is one (1) acre. 3. The subject properties, R &R32979 are located on the north side of Lone Star Rd., approximatley1308 ft. west of the intersection of Lake Ave. and Lone Star Rd., in a portion of the SW ¼ of Section 23, T3N, R3W, B.M., Canyon County, Idaho. 4. The subject property is currently zoned A (Agricultural). 5. The subject property is designated Residential on the 2020 Canyon County Future Land Use Map. 6. The subject property is located within Caldwell s Area of City Impact. 7. The City of Caldwell designates the property as residential estates on their Future Land Use Map, which anticipates a density of 2 units per gross acre (Exhibit 21). 8. The subject property is located within Canyon Highway District No. 4, Nampa Fire District, and Nampa School District. 9. The neighborhood meeting was held on 8/20/18 in accordance with CCZO City water or a community water system will be utilized for the development and individual septic systems. 11. Notice of the public hearing was provided as per CCZO : Agencies were notified on 9/4/18, The City of Caldwell was notified on 9/4/18, property owners within 300 ft. were notified by mail on 9/17/18 Newspaper notice was provided on 10/2/18, and the property was posted on 10/9/ The record consists of exhibits as provided as part of the public hearing staff report, exhibits submitted during the public hearing on October 18, 2018 and all information contained in DSD case file RZ 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 ( ): A. Is the proposed zone change generally consistent with the comprehensive plan? Conclusion: The proposed zone change is generally consistent with the Canyon County Comprehensive Plan Future Land Use Map which designates the subject property as Residential (Exhibit 11). Finding: The Canyon County 2020 Comprehensive Plan Future Land Use Map designates the subject property as residential (Exhibit 11). The proposed rezone from A (Agricultural) to R-1 Single Family Residential is consistent with the Future Land Use Map and with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to: Lonestar Land, LLC. EXHIBIT 1 RZ Page 1 of 4

8 Property Rights Policy No. 1- No person shall be deprived of private property without due process of law. Property Rights Policy No. 8- Promote orderly development that benefits the public good and protects the individual with a minimum of conflict. The subject property is located within Caldwell s Area of City Impact where growth is expected. The property is designated as residential on the 2020 Canyon County Future Land Use Map (Exhibit 11) as well as being planned for Residential Estates on the City of Caldwell s Future Land Use Map (Exhibit 12). 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 The request will add additional lots, within Caldwell s Area of City Impact, that will provide for a growing population. COMPASS TAZ household forecasts project an increase of households in TAZ 2279 and 4-50 households in 2742 (Exhibit 23). The forecasts indicate that household growth is expected to occur in this area. Economic Development Policy No. 6- Canyon County should identify areas of the county suitable for commercial, industrial, and residential development. New development should be located in close proximity to existing infrastructure and in areas where agricultural uses are not diminished. Although the primary land use in the area is agriculture, the property is located within 350 ft. from city limits. This area has been designated as future residential by both the County as well as the City of Caldwell. Land Use Goal No. 4 To encourage development in those areas of the county which provide the most favorable conditions for community services. The project is located within Caldwell s Area of City Impact, approximately 350 ft. from city limits. Both the County and the City have designated the area as future residential on their Future Land Use Maps. Land Use Goal No. 6 Designate areas where rural type residential development will likely occur and recognize areas where agricultural development will likely occur. The subject property is designated as residential on the Canyon County Future Land Use Map. The property is also located within Caldwell s Area of City Impact. The City of Caldwell designates this area as residential estates. Land Use Residential Goal No. 3- Encourage compatible residential zones or areas within the county so that public services and facilities may be extended and provided in the most economical and efficient manner. The subject property is located within Caldwell s Area of City Impact where growth is expected. Growth within the impact area provides the most economical and efficient manner of extending/providing services. 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 subject property is located within Nampa Fire District. Transportation Policy No. 10- Require new developments to provide stub streets that will connect to future developments on adjacent lands wherever possible in accordance with highway district standards and require appropriate signage. The applicant s site plan (Exhibit 2) displays stub streets that connect to adjacent parcels. Community Design Policy No. 9 Encouraged pressurized irrigation systems using non-potable water where reasonably possible (Idaho Code ). The applicant anticipates utilizing a pressurized irrigation system for the subdivision development. Lonestar Land, LLC. EXHIBIT 1 RZ Page 2 of 4

9 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 as appropriate as the current zoning designation. Finding: The proposed zone change is as appropriate as the existing zoning of Agriculture. However, the Future Land Use Map designates the subject property and surrounding area as Residential. The property is located within Caldwell s Area of City Impact where growth is expected to occur. The City of Caldwell designates the property as Residential Estates which anticipates density to be 2 units per gross acre (Exhibit 21). C. Is the proposed rezone compatible with surrounding land uses? Conclusion: The proposed use is compatible with the future land use plan for the subject property and the area. Finding: The proposed rezone is compatible with the future land use map for both the County and the City of Caldwell which designate the property and surrounding area as residential. There are 12 platted subdivisions within one (1) mile and the proposed lot sizes would be larger than the average platted lot size within one mile (.52 acres). 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 proposed use will not negatively impact the essential character of the area, as it is planned for residential uses. The property is located within Caldwell s Area of City Impact and is designated as Residential on the 2020 Comprehensive Plan Future Land Use Map. The future plan for this area by the County as well as the City of Caldwell is for residential uses. The property is located within 350 ft. from city limits, and the city property has been approved for a Preliminary Plat (Tuscan Ridge Subdivision), Exhibit 21. Because the applicant anticipates utilizing city or community water for the project, there will not be the need to drill individual wells for each lot, thus mitigating concerns regarding 100+ domestic wells in the area. 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: The applicant anticipates utilizing city water service or a community water system for the development. Individual septic systems are proposed. Pressurized irrigation is proposed for the development. Lonestar Land, LLC. EXHIBIT 1 RZ Page 3 of 4

10 Drainage will be addressed at the time of platting. A drainage plan is a required submittal with the application for preliminary plat. The applicant will be required to meet agency requirements at time of development and platting. F. Does legal access to the subject property for the development exist or will it exist at the time of development? Conclusion: The project has frontage on Lonestar Road., a public road. Finding: Lonestar Road is classified as an urban collector. The District has outlined spacing requirements onto Lonestar Road (Exhibit 17), and these requirements will be adhered to during the platting and development of the subdivision. The highway district is a signatory on the final plat. 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 may require road improvements to provide adequate access to and from the subject property. Canyon Highway District No. 4 will require a traffic impact study for the project. Finding: Canyon Highway District No. 4 will require a traffic impact study (TIS) prior to the Preliminary Plat. The district will require that the TIS analyze the entire 117 acres as one acre single family lots (Exhibit 17). The traffic impact study shall also be submitted to DSD with the application for Preliminary Plat. No mitigation measures are proposed at this time. 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, Nampa School District, Canyon County Sheriff, and Nampa Fire were notified of the request and did not provide responses to indicate that the proposed zone change amendment would have a negative impact. No mitigation measures are proposed at this time. Lonestar Land, LLC. EXHIBIT 1 RZ Page 4 of 4

11 Order Based upon the Findings of Fact, Conclusions of Law and Order contained herein the Planning and Zoning Commission recommends approval of Case # RZ , a request to rezone parcel R & R32979 approximately acres, from an A (Agricultural) zone to an R-1 (Single Family Residential) zone. APPROVED this day of, 2018 PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO State of Idaho ) County of Canyon County ) SS Richard Hall, Chairman On this day of, in the year 2018 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: Lonestar Land, LLC. EXHIBIT 1 RZ Page 5 of 4

12 Applicant s Letter of Intent: Lonestar Land, LLC. EXHIBIT 2 RZ

13 Lonestar Land, LLC. EXHIBIT 2 RZ

14 Lonestar Land, LLC. EXHIBIT 2 RZ

15 Lonestar Land, LLC. EXHIBIT 2 RZ

16 Applicant s Site Plan: Lonestar Land, LLC. EXHIBIT 3 PH

17 Lonestar Land, LLC. EXHIBIT 4 PH

18 Lonestar Land, LLC. EXHIBIT 4 PH

19 Lonestar Land, LLC. EXHIBIT 5 PH

20 Lonestar Land, LLC. EXHIBIT 6 PH

21 Lonestar Land, LLC. EXHIBIT 7 PH

22 Lonestar Land, LLC. EXHIBIT 8 PH

23 Lonestar Land, LLC. PH EXHIBIT 8A

24 Lonestar Land, LLC. EXHIBIT 9 PH

25 Lonestar Land, LLC. EXHIBIT 10 PH

26 Lonestar Land, LLC. EXHIBIT 11 PH

27 Lonestar Land, LLC. EXHIBIT 12 PH

28 Lonestar Land, LLC. EXHIBIT 13 PH

29 Lonestar Land, LLC. RZ EXHIBIT 14

30 Lonestar Land, LLC. RZ EXHIBIT 15

31 Lonestar Land, LLC. RZ EXHIBIT 16

32 Lonestar Land, LLC. RZ EXHIBIT 17

33 Lonestar Land, LLC. RZ EXHIBIT 17

34 Lonestar Land, LLC. RZ EXHIBIT 18

35 Lonestar Land, LLC. RZ EXHIBIT 18

36 Lonestar Land, LLC. RZ EXHIBIT 18

37 Lonestar Land, LLC. RZ EXHIBIT 19

38 Lonestar Land, LLC. RZ EXHIBIT 20

39 Lonestar Land, LLC. RZ EXHIBIT 20

40 Lonestar Land, LLC. RZ EXHIBIT 20

41 Lonestar Land, LLC. RZ EXHIBIT 20

42 Lonestar Land, LLC. RZ EXHIBIT 20

43 Lonestar Land, LLC. RZ EXHIBIT 21

44 Lonestar Land, LLC. RZ EXHIBIT 21

45 Lonestar Land, LLC. RZ EXHIBIT 21

46 EXHIBIT 22 Large Aerial Photo Will be on display at public hearing Lonestar Land, LLC. RZ EXHIBIT 22

47 Lonestar Land, LLC. RZ EXHIBIT 23

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