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HomeMy WebLinkAboutCity CouncilCITY COUNCIL ITEM DATE SUBMITTED BY I�eCoI-A aUAdA-;; r � � , %scan —.ta& - -Yarne5 • We were authorized by the state Legislature to judge matters such as ibis_ • This Public Hearing was properly noticed. • Council has listened and determined the Findings of Fact. • Espresso/Pastry shop could be added to the R-2 Zone as a special use and approved by Special Use Permit. Councilwoman Earl added: • Based on the Findings presented by (lie Council, it was determined (fiat by adding espresso/pastry shop to the list of (he special uses in the R-2 Zone will allow the Planning and Zoning Commission through public hearing process to review applications on a site specific basis and to determine the nieri( of the individual request regarding compatibility within a given neighborhood. The Mayor reviewed the subject of (he hearing. We were here on the basis of a recommendation from the Planning and Zoning Commission to amend the Zoning Ordinance 1451 with regard Table 1, Land Use Schedule in the R-2 Zone to add espresso/pastry shop to (lie list of special uses that would be under a set of conditions. MOVED by 13arl, SECONDED by Evans to adopt the Findings of Fact and the Conclusions of Law. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Ilouchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans to close the Public Hearing. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, kiouchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans to approve the amendment as recommended by (lie Planning and Zoning Commission to Table 1, Land Use Schedule, R-2 Zone of Zoning Ordinance No. 1451 by adding espresso/pastry shop to the list of special uses. Roll call vote. Those voting yes: Earl, Busch, Langan, and Evans. Those voting no: Wells and Houchins. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON A RECOMMENDATION BY THE CALDWEL Mayor Winder explained lint this ,,,,(ter was like the text amendment th�ut was .just completed. The Mayor informed (lie Members of the Council (hat there was no one signed to testily to this issue. Ile briefly reviewed the procedure for the public Bearings and the specifics of this request was to change the definition of the L 17d rm"N Page 199 Dwelling, High Rise, Multiple Family. lie then opened the Public hearing and asked that (lie Community Development Director present the background information. Ms. James informed Council that the applicant of this text amendment was the Planning and Zoning Commission and it was heard by them on June 12, 1997. They were making a recommendation to the City Council that it be approved. The current Zoning Ordinance defines "Dwelling, I ligh Rise, Multiple -Family" as "A multi -family building or portion thereof containing five (5) or more stories and such may include off street parking facilities and have at least one (1) one passenger elevator to serve the dwelling units." This was a conflict with the Zoning Ordinance because no building within the City was permitted to exceed forty-five (45) feet. This has caused confusion in the past and the Commission's intent was to eliminate that confusion and redefine it by adding the following in its place: "Dwelling, Multi -Family: A building used for occupancy by seven or more families living independently of each other and containing a separate dwelling unit for each family, such building not to exceed four stories." Mayor Winder suggested that the City Council adopt the course of proceedings presented along with the Findings of tact, Applicable Legal Standards, Comprehensive flail Analysis, COI)CILISiOl1S of law, and the IZeCojnlllcndatioll to the City Council from the Commission. MOVED by I,angall, SI CONDFD by Earl that the City Council adopt all of the report snbillittcd by the Pl<lllning and Zoning Commission including the request, Findings of Fact, Applicable Legal Standards, Comprehensive Plan Analysis and the Conclusions of Law as well as the recommendation from the Planning and Zoning ComillisSioli to the Members of the City Council. Roll call vote. Those voting yes: Langan, Wells, I'louchins, Evans, Larl, and Busch. Time voting no: none. Absent and not voting: none. MOTION CARRIED A ten minute break at 9:30 p.m. was requested by [lie Mayor. The Council reconvened at 9:40 p.m. (PUBLIC HEARING TO HEAR REQUEST By CAXTON PRINTERS 'TO VACATE 10 FEET OF RIGIIT OF WAY ALONG ARTHUR STREET AND AI),IACENT TO LOTS 1 THROUG1181 BLOCK 14, ORIGINAL TOWN SITE) Again, the Mayor stated that this Public Hearing was for the propose of hearing a request by Caxton Printers to vacate 10 feet of right of way along Arthur Street and adjacent to Lots I through 8, Block 14, Original Town Site. Ile noted that two people were signed to speak in favor of this request and no one signed ill Opposition. Ile reviewed the process and then opened the Public Ilearillg and asked Mrs. James to present the Staff Report. Mrs. James explained that this was one of the issues that does not come before the Planning and Zoning Commission, but comes directly to the City Council. All of the public notice requirements were niel. There was a location slap within the Council's packets. The applicant wants to make improvements ill the al -ell liil(I III order to do so, lie ']lust have the vacation approval. In the Council's menio, the City lalgineer has indicated that the vacation will reduce the existing right of way to 70 feel, but that such vacation will not be a detriment to the City's transportation network, Mayor Winder informed Council that (lie first one signed to speak in favor was Jim Gipson, who was not present. BILL NO. 23 ORDINANCE NO. 2197 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 1, LAND USE SCHEDULE, AND ARTICLE 3, DEFINITIONS: 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 10-02-02, Table 1, Land Use Schedule, of the Municipal Code of the City of Caldwell shall be amended by adding certain language as follows: Land Use District S=Special Use R2 C4 Mobile Home Park S Espresso/Pastzy Shop S Truck and Tractor Repair S SECTION 2. That Chapter 10, Article 3, Section 10-03-11, Definitions, shall be amended by deleting certain language as follows: Dweliffig, f ligh Rise, bf altiple-Fmifflyp- thCICOf COrtt6lfin6 fiVC (5) UL Moxe stories and st2ch may include off-stieet parldng and have at least one SECTION 3. That Chapter 10, Article 3, Section 10-03-11, Definitions, shall be amended by adding certain language as follows: Dwelling, Multi -Family: A building used for occupancy by seven or more families living independently of each other and containing a separate dwelling unit for each family, such building not to exceed four stories. SECTION 4. All ordinances or parts of Ordinances in conflict herewith are repealed. SECTION 5. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE CITY COUNCIL of the City of Caldwell this 4th day of August , 1997. APPROVED BY THE MAYOR of the City of Caldwell this 4th day of Auizust 11997. ATTEST: 01.li � . _ . cc -a BEFORE THE CITY COUNCIL FOR THE CITY OF CALDWELL, IDAHO IN THE MATTER OF THE APPLICATION OF PLANNING AND ZONING COMMISSION FOR A TEXT AMENDMENT TO ZONING ORDINANCE NO. 1461 COURSE OF PROCEEDINGS CASE NO. OA-07-97, COURSE OF PROCEEDINGS, GENERAL FACTS, APPLICABLE LOCAL LEGAL STANDARDS, COMPREHENSIVE PLAN ANALYSIS, CONCLUSIONS OF LAW, AND RECOMMENDATION 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application OA-07-97, to be held on June 12, 1997. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On May 28, 1997, notice was published in the Idaho Press Tribune. 1.2 At the May 28, 1997 public hearing, the Planning and Zoning Commission unanimously approved the text amendment and made recommendation to City Council for final approval_ The recommendation was placed on the Council's July 7, 1997 agenda. Public notice requirements have been met; on June 21, 1997, notice was published in the Idaho Press Tribune, and notice was mailed to the Caldwell School District. All six irrigation districts serving Caldwell were personally noticed on July 1 and 2, 1997, and signatures offering no objection from the Districts were received. 1.2 Files and exhibits relative to this application are available for review in the Community Development Department and will also be available for review at the hearing. II FINDINGS OF FACT 2.1 APPLICANT(S): Planning and Zoning Commission. 2.2 REQUEST: To amend Article 3, Section 10-03-11, Definitions, of Zoning Ordinance No. 4-51 by deleting the definition of "Dwelling, High Rise, Multiple Family" and by adding the following in its place: "Dwelling, Multi -Family: A building used for occupancy by seven or more families living independently of each other and containing a separate dwelling unit for each family, such building not to exceed four stories." 2.3 "Dwelling, High Rise, Multiple -Family" is defined as "A multi -family building or portion thereof containing five (5) or more stories and such may include off-street parking facilities and have at least one (1) one -passenger elevator to serve the dwelling units." 2.4 This definition conflicts with Table 2 of Section 10-02-03 in which the maximum height for any building in the City is limited to 45 feet. A multiple -family dwelling, as defined in the Ordinance, contains 5 or more stories, which exceeds 45 feet. 2.5 The Land Use Schedule outlined in Section 10-02-02 of the Ordinance permits Multiple - Family dwellings, as defined, in an R-3 district and may allow them by special use permit in other residential districts. Four, five, and six -family dwellings (one per parcel) are permitted own in an R-3 district; they may be permitted by special use in all other districts except R-S and R-1; dwellings that exceed six -family, unless they are five stories or more, are not permitted any where in the City. 2.6 The current definition is open to interpretation and has caused confusion and problems. III APPLICABLE LEGAL STANDARDS 3.1 City of Caldwell 1977 Comprehensive Plan, as amended. 3.2 City of Caldwell Zoning Ordinance No 1451, as amended. 3.3 Idaho Code, Chapter 65, Local Planning Act IV COMPREHENSIVE PLAN ANALYSIS The request is in conformance with the Caldwell Comprehensive Plan because: 4.1 Land Use - Goal: "To manage growth by channeling it into orderly community development and to establish policies that will serve as a basis for decision making by officials related to the development and appropriate use of land in Caldwell. * Approval of this text amendment to the City's Zoning Ordinance will assist in providing a clearer mechanism for meeting this Goal. 4.2 Housing - Goal: "To provide for a diversity of quality housing through out the community and in locations suitable for residential development that will serve the needs of all citizens and income groups." Permitting dwellings of seven or more single-family dwelling units will provide a clearer mechanism for meeting the goal for diverse housing. V CONCLUSIONS OF LAW 5.1 As noted under Findings of Fact, the current definition of multi -family is in conflict with Table 2 of Section 10-02-03 in which the maximum height for buildings is 45 feet; however, a multiple -family dwelling is currently defined as having five or more stories, which exceeds 45 feet. 5.2 Dwellings that exceed six -family, unless they are five stories or more, are not permitted anywhere in the City. Multi -family dwellings are appropriate to the City's housing makeup and provide diversity. VI RECOMMENDATION TO CITY COUNCIL The Planning and Zoning Commission, by a 3 to 0 vote, recommend to City Council that Case No. OA-06-97, to amend Article 3, Section 10-03-11, Definitions, of Zoning Ordinance No. 1451, by deleting the definition of "Dwelling, High Rise, Multiple Family" and by adding the following in its place: "Dwelling, Multi -Family: A building used for occupancy by seven or more families living independently of each other and containing a separate dwelling unit for each family, such building not to exceed four stories" be approved. Report prepared by: " Y44�� Date Community Dee pment Director