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HomeMy WebLinkAboutPlanning & ZoningPLANNING AND ZONING ITEM DATE SUBMITTED BY u ii y�tq 0,tpjjptCi S6& . f6h .77 (C(0 bVL,"V:ml- -a 1"(117I� ��Cntic.t�tiL/L��C�G'e,�—r�� P/� r 3 4v it 1 J r b )! r r BEFORE THE PLANNING AND ZONING COMMISSION CITY OF CALDWELL, IDAHO IN THE MATTER OF THE APPLICATION } CASE NO. OA-14-98, COURSE OF PLANNING AND ZONING COMMISSION ) OF PROCEEDINGS, GENERAL TO CONSIDER AMENDING ZONING ) FACTS, TESTIMONY, ORDINANCE NO. 1451 TO BRING IT INTO ) APPLICABLE LEGAL COMPLIANCE WITH IDAHO CODE ) STANDARDS, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application OA-14-98, to be held on February 26, 1998. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On February 9, 1998, notice was published in the Idaho Press Tribune, and on February 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. 1.2 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): Planning and Zoning Commission. 2.2 REQUEST: To approve proposed amendments to Zoning Ordinance No. 1451 in order to bring "manufactured homes placed on individual lots" into compliance with Idaho Code, Chapter 65, Local Planning Act, Section 67-6509A. The proposed text amendments will delete those sections of the Ordinance that are in violation of Idaho Code and will add wording to applicable sections necessary to bring the Ordinance into compliance. Class A manufactured homes that meet certain criteria will be permitted in all residential zones unless restricted by covenants or plat dedications. Manufactured homes that do not meet Class A criteria may be permitted in residential zones by special use. Other proposed amendments include redefining "manufactured homes," amending the land use schedule, and deleting Article 4, Individual Mobile/Manufactured Home Units" in its entirety. 2.3 Idaho Code, Chapter 65, Local Planning Act, section 67-6509A states that "On or before July 1, 1996, by ordinance adopted, amended or repealed in accordance with the notice and hearing procedures provided under Section 67-67509, Idaho Code, each governing board shall amend its comprehensive plan and land use regulations for all land zoned for single-family residential uses, except for lands falling within an area defined as a historic district under section 67-4607, Idaho Code, to allow for siting of manufactured homes as defined in section 39-4105(14), Idaho Code. 2,4 There are sections of Zoning Ordinance No. 1451 that are in violation of Idaho Code, section 67- 6509A. Those sections are as follows: 2.4.1 Section 10-01-03 (K), which reads: "T" INDIVIDUAL MOBILE HOME RESIDENTIAL OVERLAY ZONE: The purpose of the "T" Individual Mobile Home Residential Overlay Zone is to provide medium -density residential development areas for mobile homes in accordance with the m guidelines and criteria of the Comprehensive Plan. These should be properly located in the City with patterns compatible for mobile home users and in harmony with immediately surrounding area -wide facilities. The "T" Zone is superimposed -over other Zones. 2.4.2 Section 10-01-04, (4), which reads: "T" (Individual Mobile Home Residential) Overlay Zone: The following regulations shall apply for the "T" (Individual Mobile Home Residential) Overlay Zone: A. Uses Permitted: All uses allowed and any Special Use approved in the respective parent Zone with which the "T" Overlay Zone is combined, are permitted, including mobile homes on individual lots. B. Other Considerations: Any regulations pertaining to mobile homes as specified in the Caldwell Municipal Code shall prevail in the establishment of a mobile home on individual lots. C. Plats Required: Mobile home subdivisions are permitted in the "T" Overlay Zone when platted in accordance with the requirements of Chapter 11 of the Caldwell Code. 2.5 There are conflicts within the Ordinance itself. More specifically: 2.5.1 Manufactured Home is defined in section 10-03-11 and includes development standards. Mobile Home is also defined; however, they are defined separately. 2.5.2 Mobile/Manufactured Home is defined in section 10-04-01 and sets forth classes of mobile/manufactured homes. The linking of "mobile" with "manufactured" continues to cause confusion and misunderstanding. 2.5.3 The Land Use Schedule, section 10-02-02, lists "Manufactured Home" in the list of permitted uses in and RS, R-1, R-2, and R-3 zones. However, section 10-04-02, IA limits the placement of manufactured homes on individual lots to "T" overlays. 2.5.4 Section 10-04-02, 1 B requires the individual lot to be a minimum of 5000 square feet. However, section 10-04-02(4), requires Class A mobile/manufactured homes to meet the regulations for single- family residences, which is 6000 square feet. Even though the regulations of single-family residences is to be applied, section 10-04-02(2) will not permit an accessory building exceed 13 feet in height.; there is no limitation to the height of accessory buildings on single-family lots. 2.6 Idaho Code, section 67-6905A, provides placement standards that may be adopted by a governing board, or the board may adopt less restrictive standards. It is recommended by the Community Development Director that the City adopt the same standards as provided by Idaho Code, as well as the proposed definition Those standards and definition are as follows: 2.6.1 MANUFACTURED HOME: A dwelling unit that is not constructed in accordance with the standards set forth in the Uniform Building Code for single-family dwellings but is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis. Recreational vehicles shall not be considered to be manufactured homes and shall not be permitted as a permanent dwelling. For purposes of this Chapter, manufactured housing units are classified as follows: CLASS A: A Class A manufactured home is defined as: a manufactured home constructed after June 1, 1976, in compliance with the National Manufactured Home Construction and Safety Standard Act of 1974 (HUD Code), and that satisfies the following additional criteria: The manufactured home shall be multi -sectional and enclose a space of not less than one thousand (1000) square feet; 2. The manufactured home shall be placed on an excavated and backfilled foundation and enclosed as the perimeter such that the home is located not more than twelve (12) inches t above grade; The manufactured home shall have a pitched roof, except that no standards shall require a slope of greater than a nominal three (3) feet in height for each twelve (12) feet in width; 4. The manufactured home shall have exterior siding and roofing which in color, material and appearance is similar to the exterior siding and roofing material commonly used on residential dwellings within the community or which is comparable to the predominant materials used on surrounding dwellings, as determined by the Planning and Zoning Director; Garages or carports shall be constructed of like materials. An attached or detached garage shall be required in lieu of a carport when consistent with the predominant construction of immediately surrounding dwellings, as determined by the Planning and Zoning Director. Class A manufactured homes shall be permitted, as a single-family dwelling, on an individual lot in any zone that permits residential uses, either outright or by special use permit, unless otherwise restricted by covenants or plat dedications. Class A manufactured homes shall be subject to the requirements of a single-family dwelling located in the underlying zone, unless a variance has been applied for and approved. The owner of a Class A manufactured home placed on an individual lot shall also be the owner or purchaser of the lot. The owner or purchaser of the manufactured home shall record with the County Recorder, a nonrevocable option declaring the manufactured home as real property. CLASS B: A Class B manufactured home is defined as: a manufactured home constructed after June 1, 1976, in compliance with the National Manufactured Home Construction and Safety Standard Act of 1974 (HUD Code), but does not satisfy the criteria necessary to qualify the home as a Class A manufactured home. Class B manufactured homes may be permitted in any zone that permits residential uses, unless otherwise restricted by covenants or plat dedications, if a Special Use Permit is applied for and approval has been granted. Class B manufactured homes shall be subject to the same requirements as a single-family dwelling located in the underlying zone, unless a variance has been applied for and approved. A Class B manufactured home may be used as temporary living quarters for a period not to exceed 60 days, without obtaining a Special Use Permit, if a true emergency condition exists, and a permit has been obtained from the Community Development Department. Documentation of the emergency shall be submitted with the emergency permit application. CLASS C: A Class C manufactured home shall be defined as: a manufactured home that does not meet the criteria of a Class A or Class B manufactured home. Class C manufactured homes located on a single lot, as a single-family dwelling, at the effective date of adoption or amendment to this Chapter, shall be considered to be nonconforming uses. Unless otherwise restricted by covenants or plat dedications, a Class C manufactured home may be removed and replaced with a Class A manufactured home, or a Class B manufactured home by Special Use Permit, as long as the setback and lot size requirements of the zone in which it is to be placed can be met, or a variance has been granted. 2.6.2 At the present time, there are no provisions within the Zoning Ordinance to allow Class C manufactured homes to be located within the City, unless they were in place prior to adoption of the ordinance in 1977. It is recommended by the Community Development Director that Class C homes be permitted within the City as follows: "Class C manufactured homes, that are found upon inspection by the City's Building Official to be in good condition and safe for human habitation, shall be permitted within mobile home parks that will accept the home, and as long as no park restrictions or special use conditions regarding the classes of homes were placed on the park at the time of its development." r 2.7 In order to incorporate sections of Article 4 that should remain valid (and reworded), those sections are recommended to be incorporated into Article 2, Section 10-02-07. Those sections cover Temporary Office of Storage Unit; commercial coach used as a temporary classroom; mobile home or commercial coach designed as a portable laboratory; and Class A or B homes used as permanent offices within commercial and industrial zones. 2.8 The current ordinance does not include any regulation against using manufactured homes as storage units. It is recommended that "Manufactured Home Used As Storage" No manufactured home shall be permitted to be placed on any lot for use as a storage building" be included in Article 3, Section 10-03-11, Definitions. III TESTIMONY 3.1 Bill Wessels expressed his concerns regarding the different classes of manufactured homes and where they could or could not be placed. 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 The General Facts outlined in Section lI of this report were adopted as Findings of Fact VI CONCLUSIONS OF LAW 6.1 The public hearing was legally noticed and the proposed amendments will bring the Zoning Ordinance into compliance with the Comprehensive Plan and Idaho Code. VII RECOMMENDATION TO CITY COUNCIL 7.1 The Planning and Zoning Commission, by unanimous vote, recommend to the Mayor and City Council that Case No.OA-14-98, a request by the Planning and Zoning Commission to approve proposed text amendments to Zoning Ordinance No. 1451 in order to bring "manufactured homes placed on individual lots" into compliance with Idaho Code, Chapter 65, Local Planning Act, Section 67-6509A, be approved. RECOMMENDATION APPROVED AT A PUBLIC HEARING HELD FEBRUARY 26, 1998 WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVED BY PLANNING COMMISSION ON MARCH 26, 1998. ATTEST: William Roos, Chairman Community D elop ent Director COMMUNITY DEVELOPMENT DEPARTMENT � ; 0114V f Q.-TI-alma-eff 621 CLEVELAND BLVD. CALDWELL, ID 83605 LINDA JAMES TELEPHONE 455.3021 Community Development Director FAX 455-3003 CALDWELL PLANNING AZONING COMMISSION ND MINUTES OF FEBRUARY 26, 1998 I. Call to Order - Chairman Bill Roos called the meeting to order at approximately 7:00 p.m. II. Roll Call Members Present: William Roos, Ray McLaughlin, Reed Taylor Members Absent: Charles Murphy Staff Present: Bud Knickerbocker, Charma Comer Staff Absent: Linda James III. Review of Proceedings - Chairman Roos reviewed the procedures for public hearings. IV. Poll Members for Conflict of Interest - Chairman Roos polled members for any conflicts of interest: there were none. V. Old Business — A. Approve Minutes of February 10 and February 12 Motion: Commissioner Taylor. Second: Commissioner McLaughlin. Approve as written. Passed: Unanimously. B. Approve Orders of Decision for the following cases: Case No. SUP-27-98 Wastewater Treatment Plant), Case No. SUB-16P-98 (Caldwell Commercial Park), Case No. VAR-09-98 (Flying "J" Travel Plaza Signage, Case No SUB-17-98 (West Valley Estates # 4), and Case No, SUB-18P-98 (West Valley Estates # 5). Motion: Ray McLaughlin. Second:. Reed Taylor. Approved: Unanimously. V. New Business — Public Hearings 1. Case No. SUP-28-98, a request by Diamond Development Center to open a developmental center for adults, with parking for staff to be provided in a city -leased parking lot. The center is proposed to be located in a portion of the Steunenberg building located on the southwest side of Main Street, just east of the intersection of 7 h Avenue and Main. Bud Knickerbocker presented the staff report and Exhibit: PZ-1000, a copy of the Assessor's map showing the location of the site and surrounding zoning, and PZ-1001, an enlarged map of the proposed floor plan. Deb Parsons, Applicant, spoke and answered questions. P&Z Minutes -- February 26, 1997 Page 1 Findings of Fact — MotiL... Reed Taylor. Second: Ray McLatr.in. Adopt the general Facts outlined in the staff report and the testimony offered as Findings of Fact. Passed: Unanimously. Comprehensive plan analysis — Motion: Ray McLaughlin. Second: Reed Taylor. The project is in compliance with the following Comprehensive Plan Components: Commercial Categories; 1,2,3,and 4. Historic Areas; 3 and 4. Passed: Unanimously. Conclusions of Law - Motion: Ray McLaughlin. Second: Reed Taylor. All Iegal requirements were met and the request is in compliance with the Comprehensive Plan and Zoning Ordinance. Passed: Unanimously. Order of Decision — Motion: Reed Taylor. Second: Ray McLaughlin. Approve Case No. SUP-28-98, a request by Diamond Development Center to open a developmental center for adults, based on Findings of Fact and Conclusion of Law, with the following conditions: 1. The specific terms and conditions placed on this Special Use Permit shall run with the site and remain valid upon a change of ownership, or until such time that the Permit may be revoked, become invalid, or replaced with another approved use. The Special Use Permit is not transferable from the approved site to another site. 2. The Applicant, or future assigns having an interest in the subject property, shall fully comply with all conditions placed upon the Special Use Permit. 3. No changes in the conditions and terms of this Special Use Permit, as approved, shall be undertaken by the Applicant, or future assigns having an interest in the subject property, until the Community Development Director has reviewed the proposed changes and approval for amendment has been granted through the public hearing process. 4. Any violation of the terms and conditions of this Special Use Permit by the Applicants, or future assigns having an interest in the subject site, shall be deemed a misdemeanor and subject to the provisions set forth in Idaho Code, 18-113. Each day of continued violation shall be deemed a separate offense. 5. This Special Use Permit shall become null and void if the use has not commenced within six months from the signing of the Order of Decision. Passed: Unanimously Chairman Roos stated that anyone wishing to appeal this Decision should contact the Community Development Director. 2. Case No. OA-14-98, a request by the Planning and Zoning Commission to approve proposed amendment to Zoning Ordinance No. 11451 in order to bring "manufactured homes placed on individual lots" into compliance with Idaho Code, Chapter 65, Local Planning Act, Section 67- 6509A. The proposed text amendments will delete those section of the Ordinance that are in violation of Idaho Code and will add wording to applicable sections of the Ordinance that are in violation of Idaho Code and will add wording to applicable section necessary to bring the Ordinance into compliance. Class A manufactured homes that meet certain criteria will be permitted in all residential zones unless restricted by covenants or plat dedications. Manufactured homes that do not meet Class A criteria may be permitted in residential zones by special use. Other proposed amendments include redefining "manufactured homes," amending the Iand use schedule, and deleting Article 4, IndividuaI Mobile/Manufactured Home Units" in its entirety. Bud Knickerbocker presented the staff report. Bill Wessels, Realtor, signed up as neutral and voiced concerns on lot size and placement, with older vs. newer manufactured homes. Findings of Fact — Motion: Reed Taylor. Second: Ray McLaughlin. Adopt the General Facts outlined in the staff report and the testimony offered as Findings of Fact. Passed: Unanimously. Conclusions of Law — Motion: Ray McLaughlin. Second: Reed Taylor. All legal requirements were met and the request is in compliance with the Comprehensive Plan and Zoning Ordinance. Passed: Unanimously. Order of Decision — Motion: Charles Murphy. Second: Ray McLaughlin., based on Finding of Fact and Conclusions of Law, a request by Caldwell Planning and Zoning to approve proposed amendment to Zoning Ordinance No. 1451 in order to bring "manufactured homes placed on individual lots" into compliance with .Idaho Code, be recommended to City Council for approval. Passed: Unanimously. Chairman Roos stated that anyone wanting to appeal this Decision is to contact the Community Development Director. VU. Discussion on Planning Issues — none. VIII. Adjournment — The meeting was adjourned at approximately 8:20pm. MINUTES APPROVED ON THE ;�6 `DAY OF MARCH, 1998. Chairman Roos A W PUBLIC HEARING COMMENT SHEET (PLEASE PRINT CLEARLY) NAME: . / /-�, 4r..& I/ L�v e STREET ADDRESS: Ik „_ CITY/STATE/ZIP: Z,62 Zr_� NAME OF CASE BEING HEARD: Check the appropriate fine Applicant or Representative I Neutral/ I wish to speak I do not wish to speak I In favor/ I Opposed/ wish to speak I wish to speak do not wish to speak I do not wish to speak I Written comments may be attached to this form or you may write them in below.