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HomeMy WebLinkAboutCity CouncilCITY COUNCIL ITEM DATE SUBMITTED BY �y� C�- �� 3�--q g e�jl lz.- ,7-1- CAI c c�l a CcA Book 39- A Page 291 REGULAR MEETING NOVEMBER 16,1998 7:00 P.M. The meeting was called to order by Mayor Nancolas. The Invocation was offered by Father Less of Saint Mary's Catholic Church after which the Mayor requested that everyone remain standing for the Pledge of Allegiance to the FIag. The Roll of the City Council was called with the following members present: Earl, Ozuna, Wells, Gables, Evans. Absent: Langan. (INTRODUCTION OF SPECIAL VISITORS) Mayor Nancolas welcomed Doug Stan a teacher from Caldwell High School along with some Government students in audience. (ADDITIONS OR DELETIONS TO THE AGENDA) The Mayor asked the Members of the Council if there were any deletions or additions to the prepared Agenda. It was MOVED by Earl, SECONDED by Gables to remove item #1 on the Consent Calendar and move that item to the next meeting. Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED It was MOVED by Ozuna, SECONDED by Earl that the Consent Calendar had been accepted as amended. Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED Chief Allcott made a special presentation to the following individuals who were responsible for the funding to purchase a K.R.N.S. Iris helmet: S.J. Vanorder, Gayle Strack, .Ludy Murphy and Patty Lonkey. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who would like to address the Council on an item that is not on the Agenda. Rick Parrot, Canyon Hill stated he was here to get an approval for regulations to prohibit hunting and trapping on the property owned by the City located at: Government Lot 7, below Canyon Hill and the cemetery, north of the "south channel" of the river, His concern to have it regulated is due to its location, too close to residences and people. Parrot stated there is a small section of the "south channel" which is out of City limits and due to this, enforcement of these regulations are null without City approval. Parrot noted the following concerns that leads to this request: 1. The Boise River Canyon on the edge of Canyon Hill is a natural treasure of Caldwell, rich in wild life. l p"A Book 39-A Page 295 MOVED by Evans, SECONDED by Gable to accept Commissions Findings of Fact and Conclusions of Law as contained in the Staff Report as a part of Public Testimony to include the amended verbiage on Section 6.1. A notation was made by Councilman Wells that the City Council has the authority to approve this type of application and that Planning & Zoning is merely recommending it to us. Roll call vote. Those voting yes: Evans, Wells, Gable. Those voting no: none. Those obstaining: Earl. Absent or not voting: Langan. MOTION CARRIED MOVED by Evans, SECONDED by Gable that Council approve the application for Manchester Park Unit 4 as submitted. Roll call vote. Those voting yes: Evans, Wells, Gable. Those voting no: none. Those obstaining: Earl. Absent or not voting: Langan. MOTION CARRIED (PUBLIC HEARING ON RECOMMENDATION OF P&Z TO APPROVE CASE NO. OA-19-98, A REQUEST TO REDUCE THE REAR YARD SETBACKS IN RESIDENTIAL ZONES FROM 20 FEET TO 15 FEET) Mayor Nancolas stated that this was a Legislative matter and is not Quasi -Judicial however the public format is still the same and opened the Public Bearing. The following people signed up to speak in favor of: David Yorgason, 2304 N. Cole Road, Boise, Idaho No one signed up to speak against. Mayor declared the Public Hearing open on Case No. OA-19-98. Linda James stated that this did go before Planning & Zoning Commission on October 22, 1998 at which point in time it is recommended that City Council approve this request. She stated in her Staff Report Item 3.1 that when requests come to her for administrative exceptions and they become more and more frequent that that indicates a problem to her. James stated that she felt when problems do happen Council should change their rules. Under Section 2.2.3 that if you have a detached garage you can have it within 4 feet of the rear property. Section 2.2.6 the Zoning Ordinance doesn't require open space, you can build up to your property line. James wanted Council see and compare current open space versus if the rear set back is reduced to 15 feet. Mayor Nancolas was requested to read the following exhibits: 1. PRI, a letter dated November 13, 1998 from Hubbell Engineering, Inc. to Mrs. Linda James, Community Development Director, in support. 2. PR2, a faxed memo and statement of support dated November 16, 1998 from Kit Manufacturing to Linda James from Larry Zechman, in support. 3. PR3, a faxed memo to Linda James, received and dated November 16, 1998, from Lloyd Glasgow, in support. 4. PR4, K&L Development, LLC, faxed memo received and dated November 16, 1998 to Linda James, from John A. Londe, in support. Mrs. James also noted for the record that during the hearing before Planning & Zoning no one was there to speak either in favor or opposition. She then opened the floor for questioning. It r Book 39-A Page 296 Mrs. Earl was concerned about the new change and it's affect on the front set back (homes are normally at 20 feet). She also stated this allowed more flexibility in the size, the dimensions of the house and the layout of the house. Mrs. James agreed. Mr. Wells questioned home daycare's where there is a minimum footage requirement for the outside play areas. He wanted to know if this would affect that. Mrs. James stated that would not be affected, this only applies to homes built in residential zones and that daycare's have to come before Planning & Zoning for Special Use Permits. As far as setbacks, the outdoor area has nothing to do with the setback. No other questions for Mrs. James. Mr. David Yorgason, 2304 North Cole Road, Boise, Idaho applicant for Manchester Unit 4 who was one of the several who requested a variance to the Ordinance for the Phase 5. He stated they have run into a bit of conflict in regards to the minimum conflict because some of the builders thought they could build a certain house plan and then realized that they could not. Mr. Yorgason read and submitted a letter to Council in support of the requested change. Mayor Nancolas listed the letter written by Mr. Yorgason as PR5 and asked for a copy of the letter to be submitted into exhibit. No questions for Mr. Yorgason and no other person(s) were signed up for this hearing. A question was brought to Linda James concerning this change bringing City of Caldwell into compliance with other cities. Mrs. James stated there was no valid rationality in pushing everything into the center of the lot and that there should be some flexibility in that rear yard. MOVED by Earl, SECONDED by Gable to close the Public Testimony to this hearing. Roll call vote. Those voting yes: Earl, Ozuna, Wells, Gable, Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED Mayor Nancolas read the Evidence List and stated it would be appropriate to accept the motion: I. PRI, letter from Wayne Forrey 2. PR2, letter from Larry Zechman 3. PR3, letter from Lloyd Glasgow 4. PR4, letter from John A. Londe, Sr. 5. PR5, letter from David Yorgason 6. Sign up sheets — 2 7. Staff Report MOVED by Earl, SECONDED by Wells to accept this last as presented. Role call vole. Those voting yes: Earl, Ozuna, Wells, Gable, Evans. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED Mrs. Earl submitted the Findings of the Planning & Zoning Commission and also slated that 5 letters have been received in support of this from the Community and have not had any objections. 0 -j Book 39-A Page 297 Mr. Wells submitted that this does supply greater flexibility and his testimony tonight reflects more of the surrounding communities. MOVED by Evans, SECONDED by Gable to accept the Findings of Fact. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Wells, Gable. Those voting no: none. Absent and not voting: Langan. IvTiYtlL+tJ�1[ : t t Mayor Nancolas requested Conclusions of Law from the Council and the following was stated: The City Council has the authority to hear this request and approve the same. Public notice requirements were met and the hearing was conducted within the guidelines with the Idaho Code and City Ordinances. MOVED by Ozuna, SECONDED by Evans, to accept the Conclusions as presented. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Wells, Gable. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED MOVED by Evans, SECONDED by Earl that Case No. OA-19-98 the Amendment to the Zoning Ordinance, Section 100203 Table 2 changing the rear yard setback to 15 feet be approved. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Wells, Gable. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED Mrs. James was then asked if Council had to go through the Ordinance change in which she stated yes. She further stated she would be back with the Ordinance and the Summary that Council would need to approve. MOVED by Evans, SECONDED by Earl to close this Public Hearing. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Wells, Gable. Those voting no: none. Absent and not voting: Langan. MOTION CARRIED (PUBLIC HEARING ON REQUEST TO VACATE PORTION OF ARLINGTON AVENUE BETWEEN HAZEL AND ELM — APPLICANT GENE HEMENWA'Y) Mayor Nancolas declared this Public Hearing opened and was informed no one had signed up for this Public Hearing. Mr. Law was then requested to give the Staff Report. He stated this is the second Public Hearing on this vacation request for a portion of Arlington Avenue which lies between Hazel and Elm. The applicant is Mr. Gene Hemenway who filed a timely request and complied on all respects with our normal application procedure for the consideration of this vacation. Mr. Law added the following facts: The particular piece of right away that's being requested for vacation is opened, it has not been opened for the last S years and it does not provide sole access to any partial of property that Engineering can tell. t� Book 39-A Page 303 was done for Veteran's Day) causes great inefficiencies and overtime. The change would lower the cost of doing business. The Council was informed from the Mayor that there will be a special City Council Meeting on December 21, 1998. This meeting is to hear the Urban Renewal Agency, Mayor Nancolas thanked Rita Earl for standing in for him on Veteran's Day. He stated the Energy Conference was outstanding and the information presented on new manufactured home standards was very helpful. December 8, 1998 is the City Employee's Christmas Party which has been discussed and approved. This will be held at the Albertson's College Dining Hall — Simplot Dining Hall. At that particular time the Supervisor and Employee of the Year will be presented, On November 25, 1998 the offices will be closed at noon and at noon on the day before Christmas. Mayor asked for adjournment and all said 1. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Wells, Gable. Those voting no: none. Absent and not voting: Langan APPROVED AS corrected COun � Ison Councilperson Co cilperson ATTEST: _THIS21 et DAY OF AAbeceimber 1998. T-1� or uncilper5 Councilp on r Co ncilperson Page 304 REGULAR MEETING December 7,1998 7:00 p.m. The Meeting was called to order by Mayor Nancolas. The Invocation was presented by Pastor Rutzen, of the Valley Pentecostal Church after which the Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag. Before the Pledge of Allegiance, the Mayor requested a moment of silence in remembrance of Pearl Harbor in honor of those brave individuals who lost their lives at that time. The Roll of the City Council was called with the following members present: Earl, Ozuna, Langan, Gable, and Wells. Absent: Wells. (ADDITIONS OR DELETIONS TO THE AGENDA) Mayor Nancolas asked if there were any additions or deletions from the prepared Agenda. Councilwoman Earl requested that Item No. 1 be removed from the Consent Calendar which was to approve the minutes from the November 2, 1998, Regular City Council Meeting and the November 16, 1998 Regular City Council Meeting. Mrs. Earl stated that there were some corrections. In addition, Mrs. Earl requested that they include discussion pertaining to the Flex Plan with Item No. 9 under New Business which was to consider acceptance of the Caldwell Personnel Policy. MOVED by Earl, SECONDED Evans that the Agenda be amended as requested by Councilwoman Earl. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Gable, and Evans. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED MOVED by Langan, SECONDED by Evans to approve the Agenda as amended. Roll call vote. Those voting yes: Langan, Gable, Evans, Earl, and Ozuna. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED (SPECIAL PRESENTATIONS AND INTRODUCTION OF SPECIAL VISITORS) Since there were no presentations at this time, the Mayor declared that the meeting would continue as outlined. AUDIENCE PARTICIPATION There was no one in the audience who cared to address the City Council at this time. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for approval by the City Council: 1. Accept the minutes of the Caldwell Golf Board Meeting of October 21, 1998; 2. Approve a Resolution authorizing the execution of an Airport Cancellation Agreement between the City and Budd Kehne and approve Resolution to > 39 Pages Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, and Gable. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED Mayor Nancolas requested that Council consider the Order of Decision. Councilwoman Earl stated that based on the Findings of Fact and Conclusions of Law, she would MOVE that Council approve the final plat for West Valley Estates No, 5. SECONDED by Evans. Roll call vote. Those voting yes: Earl, Ozuns, Langan, Gable, and Evans. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED (APPROVE OF ORDINANCE NO. 2256 AMENDING THE CITY CODE PERTAINING TO REAR YARD SETBACKS) The Mayor stated that the next item on the Agenda was to consider approval of Ordinance No. 2256 to amend the City Code pertaining to rear yard setbacks. This was brought forward by Stall, Mrs. James, Community Development Director, noted that Council will recall that under the Consent Calendar, they did approve the Order of Decision on this case that was heard. The Council's final act was to approve the Ordinance and the Summary that would be published in the paper. The City Attorney has read the Summary and would comment at this time. Mr. Mark Flilty stated that it was his opinion that the Summary was in the proper form. The Mayor read Bill No. 35 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO ARTICLE 2, TABLE 2, LAND USE SCHEDULE. REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. Mrs. James stated that it would be appropriate to suspend the rules and pass this Bill on the first reading. MOVED by Earl, SECONDED by Gable to waive the rule requiring that a Bill be read at three separate times and read in full for one reading. Roil call vote. Those voting yes: Earl, Ozuna, Langan, Gable, and Evans. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED MOVED by Earl, SECONDED Gable that Bill No. 35 be passed and entitled Ordinance No. 2256 after the one reading by title only. Roll call vote. Those voting yes: Earl, Ozuna, Langan, Gable, and Evans. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED (APPROVAL OF SUMMARY OF ORDINANCE NO. 2256) Mayor Nancolas read the Summary as follows: Book r r Page 311 SUMMARY OF ORDINANCE NO. 2256 This ordinance amends Zoning Ordinance No. 1451, Section 10-02-03, Table 2, by changing the rear yard setback in the R-S, R-S-2, R-1, R-2, and R-3 zones from 20 feet to 15 feet. Ordinance No. 2256 provides an effective date, which shall be when published in the Idaho Press Tribune on the 13'h day of December, 1998. Ordinance No. 2256 was passed by the Council and approved by the Mayor on the P day of December, 1998. The full text of the Ordinance is available at Caldwell City Hall, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City Council approve the foregoing summary for publication pursuant to Idaho Code 50-901 A this 7'h day of December, 1998. MOVED by Earl, SECONDED by Gable that the City Council approve the Summary of Ordinance No. 2256. Roil call vote. Those voting yes: Earl, Ozuna, Langan, Gable, and Evans. Those voting no; none. Absent and not voting: Wells. MOTION CARRIED (PUBLIC HEARING ON CASE NO. SUP48A-98, AN APPEAL BY TIMOTHY HOGG OF PLANNING AND ZONING COMMISSION'S DECISION TO APPROVE CASE NO. SUP48-98) Mayor Nancolas slated that this was the time set for the Public Hearing on Case No. SUP-48A-98 which was an appeal by Timothy Hogg of the Planning and Zoning Commission's decision to approve Case No. SUP-48-98. The course of proceedings and general facts have been presented. This Hearing was properly noticed to hear this appeal. The Mayor explained the format for holding the Public Hearing and informed the public that there were sign up sheets at the Staff Table for anyone caring to testify either in favor of or in opposition to this appeal. Mr. Hogg would be given an opportunity to speak first and those in favor would be allowed next after which those in favor of the appeal would be heard. After further reviewing the process, the Mayor noted that this was a Quasi Judicial matter so all testifying would be sworn in by the Clerk. The Public Hearing was then opened by the Mayor and he requested a Staff Report by Mrs. James, the Community Development Director. Mrs. James was swom in by the Deputy Clerk. She informed Council that her Department issued a notice of Public Hearing on application SUP48-98 to be held on September 24, 1998, before Planning and Zoning Commission members. Public notice requirements set forth in Idaho Code. Chapter 65, Local Planning Act, were met. On September 9, 1998, notice was published in the Idaho Press Tribune; on September 4, 1998, notice was mailed to all property owners within 300 feet of the project site; and on September 17, 1998, notice was posted on the site. At said hearing, Planning and Zoning Commission members approved SUP- 48-98, with conditions. Timoth Hogg, on November 3, 1998, submitted an application to appeal the Commission's decision. The Director continued stating that his request was noticed for a Public Hearing to be held on December 7, 1998, before the Mayor and City Council. Mrs. James presented Exhibit PZ-1000, which was a copy of the site, She also noted 2.3.2 in the Staff Report which was out of the ordinary and states as follows: The list of special uses outlined in the Zoning Ordinance does not specifically include this type of use; therefore, the request by Carolyn Devlin was heard as a public/semi- public use. Table 1, Land Use Schedule, permits public/semi-public uses in all zones by special use permit. There was no definition in the zoning Ordinance for B*ok 3r x Page 322 MOTION CARRIED (CITY COUNCIL REPORTS) Councilman Gable reported that he attended the Airport Commission and the Federal Government under the AIP Project has just approved half of the money required to do the remodeling and extension. That has set us back a little bit and we were assured that the balance of the money will be restored and could start next fall. Councilwoman Earl stated that she attended the Senior Citizen's meeting where they elected a new board. Councilman Langan reported that they had an Audit Committee Meeting scheduled for December 17'h at Noon. (MAYOR'S COMMENTS) Mayor Nancolas announced that he would be making a presentation to the Chamber on the Urban Renewal Agency and hopefully getting a letter of endorsement. They have visited with every affected party except for the Highway District. Have had many positive comments. He reminded Council that in January they would be electing a Council President, need to establish the Finance Committee, and he would need to know how they felt about the Boards and Commissions they have been serving on. The goals of the appointed officials will be included in their packets. He would be recommending that all appointed officials be appointed again for a one year term. Councilwoman Earl commented that she firmly believed that the Council Presidency needed to be rotated each year and would therefore, be stepping down from that position. The Mayor suggested that Council discuss this matter among themselves so a motion will be prepared for the January 1st meeting. (ADJOURNMENT) MOVED by Evans, SECONDED by Gable that the Regular City Council Meeting be adjourned at 12:10 a.m. Roll call vote. Those voting yes: Evans, Earl, Ozuna, Langan, and Gable. Those voting no: none. Absent and not voting: Wells. MOTION CARRIIED APPROVED AS written THIS 21Rt DAY OF qgqgmher 19 . k_Z> Mayor Councilperson ATTEST City Clerk r SUMMARY OF ORDINANCE NO. 2256 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION OF AMENDMENT TO ZONING ORDINANCE NO. 1451 REGARDING REAR YARD SETBACKS IN RESIDENTIAL DISTRICTS This ordinance amends Zoning Ordinance No. I451, Section 10-02-03, Table 2, by changing the rear yard setback in the R-S, R-S-2, R-1, R-2, and R-3 zones from 20 feet to 15 feet. Ordinance No. 2256 provides an effective date, which shall be when published in the Idaho Press Tribune on 12'h day of December, 1998. Ordinance No. 2256 was passed by the Council and approved by the Mayor on the 7th day of December, 1998. The full text of the Ordinance is available at Caldwell City Hall, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City Council approve the foregoing summary for publication pursuant to Idaho Code 50- 901 A this 7th day of December, 1998. Garret Nancolas Mayor ATTEST: Betty 7o Keller, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 2256 and provides adequate notice to the public as to the contents of such ordinance. DATED this 7'b day of December, 1998. Attorney for City of Caldwell BILL NO. 35 ORDINANCE NO. 2256 AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO ARTICLE 2, TABLE 2, LAND USE SCHEDULE: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 10, Article 2, Section 10-02-03, Height, Lot Line Setback and Lot Dimension Schedule: Table 2, of the Municipal Code of Caldwell shall be amended by deleting and adding certain language as follows: District Rear Rear R-S-2 2-5 15 R-S 35 15 R-1 18 15 R-2 40 15 R-3 -9 15 Section 2. All ordinances or parts of ordinances in conflict herewith are repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this day of 1998. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this day of , 1998. Mayor Nancolas ATTEST: City Clerk Betty Jo Keller rf,L BEFORE THE MAYOR AND CITY COUNCIL CITY OF CALDWELL, IDAHO IN THE MATTER OF THE APPLICATION ) CASE NO. OA-19-98, COURSE OF THE COMMUNITY DEVELOPMENT ) OF PROCEEDINGS, GENERAL DIRECTOR TO CONSIDER AMENDING ) FACTS, TESTIMONY, APPLICABLE ZONING ORDINANCE NO. 1451 TO REDUCE } LEGAL STANDARDS, FINDINGS OF THE 20-FOOT REAR YARD SETBACK BY 5 ) FACT, CONCLUSIONS OF LAW, FEET IN RESIDENTIAL ZONES ) AND ORDER OF DECISION COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application OA-19- 98, to be held before the Planning and Zoning Commission on October 22, 1998. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On October 7, 1998, notice was published in the Idaho Press Tribune, and on October 5, 1998, notice was mailed to all political subdivisions providing services to the City of Caldwell. A list of those political subdivisions has been made a part of the case file. 1.2 At said hearing, Planning and Zoning Commission members unanimously voted to recommend to the Mayor and City Council that Case No. OA-19-98 is approved. 1.3 The Caldwell Community Development Department issued a notice of Public Hearing on application OA-19- 98, to be held before the Mayor and City Council on November 16, 1998. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On November 1, 1998, notice was published in the Idaho Press Tribune, and on November 2, 1998, notice was mailed to all political subdivisions providing services to the City of Caldwell. A list of those political subdivisions has been made a part of the case file. 1.4 Files and exhibits relative to this application are available for review in the Community Development Department and were available for review at the hearing. II GENERAL FACTS 2.1 APPLICANT (S): Community Development Director. 2.2 QUEST: To approve amending Zoning Ordinance No. 1451, Section 10-02-03, Table 2, by changing the 20-foot rear yard setback in R-S-2, R-S, R-1, R-2, and R-3 to 15 feet. 2.2.I Minimum lot sizes for single-family dwellings are 6000 s.f for interior Iots and 7500 s.£ for corner lots. The minimum public road frontage is 60 feet and 75 feet respectively, which means that the majority of the lots existing in the City (and designed for new subdivisions) are 60' by 100' or 75' by 100 feet. 2.2.2 Required setbacks are: 20 feet front; 20 feet rear; 20 feet side street; and side yard setbacks of 5 and 7 feet, or 6 and 6 feet (for a combination of 12 feet, but no side ever less than 5 feet). 2.2.3 A detached garage can be placed within 4 feet of the rear property line ii the property abuts an alley. if there is no alley, the detached garage must be within the 20-foot rear yard setback. Attached garages always have to be set within the 20-foot setbacks (front or rear). 2.2.4 An accessory building, not exceeding 600 s.f. can be placed within 4 feet of the rear property line if the property abuts an alley. An accessory building not exceeding 600 s.f can be placed within 5 feet of the rear lot line if there is no alley. However, if there is a 5- or 10-foot easement, no building can be placed within that space. 2.2.5 With the requirement for 20 foot front and rear setbacks, construction of a house with an attached garage is forced into the central area of the lot. This does not particularly create problems when smaller, affordable homes are being constructed on lots of this size; the problem is occurring (more frequently) when developers want to construct larger, higher -end homes on these lots. The Community Development Director has the authority to grant administrative approval of certain types of permits, including modification of minimum setback provisions, not to exceed 25% of the requirement. However, it has reached the point where these requests are becoming so frequent that this action on the part of the Director could be construed to be precedent setting. The Zoning Ordinance, Section 10-03-02, 613, requires "precedent setting matters and items which affect established planning policy shall be referred to the P&Z Commission for decision." 2.2.6 Approval of the reduction of rear yard setbacks to 15 feet would affect open space areas of the respective sized lots as follows: Lot Size Current Open Space Open Space w/15' Rear Yard Difference 6000 s.f. 3120 s.f. (52%) 2880 s.f. (48%) 240 s.f. (4%) 7500 s.f. 4500 s.f. (60%) 4250 s.f. (57%) 250 s.f (3%) III TESTIMONY 3.1 Linda James presented the staff report and noted for the record that the Community Development Director is authorized to grant an exception up to 25% of setback provisions as long as the exception isn't considered to set a precedent. Mrs. James noted that she is concerned because requests to grant an exception to rear yard setbacks are becoming more and more frequent and they could be construed to be precedent setting. She also noted that when a specific requirement of an ordinance is causing common problems to several property owners, it is time to re-evaluate the requirement. She also noted that the minimum lot size in the City is 6000 square feet, which is a small lot. 3.2 David Yorgason, Capital Development, Inc., presented Exhibit PR-5, a letter in favor of the amendment. He also noted that Manchester Park No. 5 had received an administrative exception for several lots because of their unusual design. He also noted that surrounding cities already have a 15-foot rear yard requirement in place. IV APPLICABLE LEGAL STANDARDS 4.1 City of Caldwell Zoning Ordinance No. 1451, as amended. 4.2 City of Caldwell Comprehensive Plan, as amended. 4.3 Idaho Code, Chapter 65, Local Planning Act, Section 67-6524. V FINDINGS OF FACT 5.1 Accept the general facts as findings of fact and include the following: five letters were submitted in support of the amendment and there was no opposition expressed; requests for administrative exceptions have been approved in the past and the 15-foot requirement will provide more flexibility; the amendment reflects the current practice of surrounding communities. VI CONCLUSIONS Ok LAW 6.1 The City Council has the authority to hear this request and to make approve the request or deny it; public notice requirements were met and the hearing was conducted within the guidelines of Idaho Code and City ordinances. VII ORDER OF DECISION 7.1 Based on the Findings of Fact and Conclusions of Law the Caldwell City Council hereby orders that Case No. OA-19-98, a request to amend Zoning Ordinance No. 1451, Section 10-02-03, Table 2, by changing the 20-foot rear yard setback in R-S, R-S-2, R-1, R-2, and R-3 zones to 15 feet is approved, and directs the Community Development Director to prepare the ordinance and newspaper summary for Council's review and approval. THE CALDWELL CITY COUNCIL APPROVED CASE NO. OA-19-98 AT A PUBLIC HEARING HELD NOVEMBER 16, 1998. WRITTEN FINDINGS OF FACT, CONCLUSIONS OF LAW AND THE ORDER OF DECISION WERE APPROVED BY CITY COUNCIL MEMBERS AT A REGULARLY SCHEDULED MEETING HELD DECEMBER 7, 1998. &t,t ' ` .fl ATTEST: Garret Nancolas, Mayor Betty 7o KelletWity Clerk