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BILL NO. 36
OR.DINAIINCE NO. .22I0
AN ORDINANCE TO AMEND CHAPTER 10, ARTICLE 5, OF THE MUNICIPAL CODE
OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO,
PERTAINING TO MOBILE HOME PARK DEVELOPMENT STANDARDS AND
PROCEDURES: 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 5, Section 10-05-04, Subsection (1), General Requirements,
of the Municipal Code of the City of Caldwell shall be amended by deleting certain language and
adding certain language as follows:
J
(1) Area: The minimum land area necessary to establish a mobile home park in the City
shall be two (2) ten 10 acres.
SECTION 2. All Ordinances or parts of Ordinances in conflict herewith shall hereby be repealed.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 CITY COUNCIL of the City of Caldwell this nth day of obaz 1997.
APPROVED BY THE MAYOR of the City of Caldwell this 6tb--day of Orrnher _, 1997.
/ AN
ATTEST:
MEMORANDUM
TO:
Mayor Winder and City Council
FROM:
Linda James KDATE:
September 25,997
RE:
Ordinance on Acreage for Mobile Home Parks
On August 4, 1997, City Council heard a recommendation by the Planning and Zoning Commission
to amend the text of the Zoning Ordinance by changing the requirement for a mobile home park site
from two acres to 10 acres. The recommendation was approved by Council; however, I dropped the
ball and didn't follow through with the ordinance.
The attached ordinance requires formal action by the Council.
CC 3
ack 38 Page 21.3
was continued until tonight so the Findings of Fact and Conclusions of Law could
be completed before the City Council makes a final decision.
Mayor Winder noted that a memo was received from the Community
Development Department explaining an error in the minutes of the Planning and
Zoning Commission meeting on May 15, 1997. This memo was as follows:
Please note that on Page 9, last paragraph, second sentence should read: The issue
was discussed with Susan Lehman, Manager of the Caldwell Transportation
Department, who indicated the business would not affect the bus route. The word
"not" was inadvertently omitted from the Council's copy of the minutes.
Again, the Mayor reminded Council that they were into the Findings at the last
meeting and the Conclusions before they continued the meeting. Unless there
were other items that needed to be brought forward, Council could continue from
there.
The City Council discussed the issue with remarks regarding the letter from the
Caldwell Transportation Co., Inc. and Councilman Busch called attention to the
problem lie could see with the parking area and the drive through.
After discussion, Mayor Winder advised the Council that the next step was to
accept the Findings of Fact and the Conclusions of Law. However, he would
suggest that they delay action on this item until later in the meeting after Susan
Wildwood arrives. It was also suggested that Item 2 be delayed for the same
reason. "/
(PUBLIC iIEARIN[ 'TO AMEND THE TEXT OF ZONING ORDINANCE 1451,
ARTiCLF, 5, MOBILE IIOME PARK DEVELOPMENT STANDARDS AND
PROCEDURES WHICH WILL, INCRFASE CURRENT REQUIREMENTS OF A
MINIMUM OF TWO ACRES FOR MOBILE HOME PARKS TO TEN ACRES)
Mayor Winder began the hearing by asking if there were any documents to be
entered into the record at this time. Since there were none, the Mayor continued
IQ % explaining the procedure for conducting the public hearing. He noted that this
/ hearing was continued from July 21, 1997, and the City of Caldwell's Planning
and Zoning Commission was the party making this recommendation. Anyone
desiring to testify must sign up on the appropriate sign up sheet. The applicable
legal standards included the Idaho Code, Chapter 65 which was the Local
Planning Act; the City of Caldwell Comprehensive Plan and the City of Caldwell
Zoning Ordinance 1451. After explaining further, the Mayor noted that there was
no one signed to testify to this matter.
The Mayor opened the Public I Iearing and asked for the Staff Report.
Linda James, the Community Development Director, made the following report
after being sworn in by the City Clerk: At (lie June 26, 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 City Council's Agenda and all of the legal notification
requirements were met. As indicated, the request was to change Article 5, Mobile
Home Park Development Standards and Procedures, Section 10-05-04,
Subsection (1) by changing said subsection to read "Area: The minimum land
area necessary to establish a mobile home park in the City shall be ten (10) acres."
You will also note under Subsection 2.4 the reasoning behind why the Planning
and Zoning Commission members determined that this was the recommendation
that should come forward to City Council. Twenty years ago, when this was first
adopted under the Zoning Ordinance, the two acre minimum lot size was
compatible with the growth and development conditions/patterns of the City. The
feasibility of developing a 2-acre site, given current growth trends toward larger
complexes, was improbable. A 10-acre parcel requirement provides a more
Book 38 "' Page 214
realistic opportunity for common areas, road development with sidewalks,
recreational vehicle areas, and recreational areas within a park. During testimony
at several public hearings regarding mobile home parks persons within (lie inner
core of the City indicated concerns with mobile home park development within
the inner core. Changing this from two acres to ten acres would provide more
protection for the inner core of the City.
There was considerable discussion among the City Council and Staff. During this
discussion, the City Engineer was also questioned and was sworn in by the City
Clerk before making his comments. During this discussion, it was noted that the
Comprehensive Plan needed to be updated as well as the zoning ordinance. The
updates needed were discussed as a result of asking for clarification of (lie
difference between a mobile home park and manufactured housing.
Mayor Winder asked the City Council for a motion to accept the evidence which
included (lie Staff Report and the testimony. Councilwoman Earl suggested that
this matter be sent back to Staff and consideration be given to updating the Plan
and the Zoning Ordinance before taking action.
MOVED by Evans, SECONDED by Busch to accept the evidence as noted by the
Mayor.
Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and
Houchins. Those voting no: none. Absent and not voting: none.
MOTION CARRIED
The Mayor then requested that the City Council consider the Findings of Fact and
i
- Conclusions of Law.
Councilman Evans began the Findings of Fact as follows:
• The Staff Report as contained in the Council's packet contained many
Findings of Fact which he would include as the Findings of Fact.
With regard to Conclusions of Law:
• City Council was granted authority to sit for occasions like this by
State Code.
• This particular Public Hearing was properly noticed in the paper.
• Council was acting as a Quasi Judicial body to hear this matter and to
render a decision.
MOVED by Evans, SECONDED by Ilouchins that the Findings of Fact and
Conclusions of Law be accepted as stated here tonight and approval be given for
the change of two acres to ten acres for mobile home parks.
Councilwoman Earl stated that she would oppose the motion because she did not
believe under 2.2 that a minimum land area necessary to establish mobile home
park in the City should be ten acres. Regarding the Conclusions, she believed the
entire text of the zoning ordinance for mobile home parks needs to be updated and
(hat the size of (he mobile home park should not be looked at without taking
everything under consideration.
Councilman Evans commented that he heard the Mayor say that the Staff was
going to come to Council in the future with revised zoning ordinances and
suggested changes to the Comprehensive Plan. He believed that they should deal
with this issue tonight and the others could come to them in a logical, reasonable
flow at another Council meeting.
Book 38 � - Page 215
Mrs. James stated that she was directed by the Planning and Zoning Commission
members to begin that process in September and they would do so.
Roll call vote. Those voting yes: Evans, Langan, Wells, and Houchins. Those
voting no: Earl and Busch. Absent and not voting: none.
MOTION CARRIED
MOVED by Evans, SECONDED by Houchins that the Public Hearing be closed.
Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and
I louchins. Those voting no: none. Absent and not voting: none.
MOTION CARR] ED
(REPORT FROM THE MAYOR REGARDING THE 1998 BUDGET
CONSIDERATIONS)
Mayor Winder presented a brief report on the budget process and what they have
tried to accomplish since he became Mayor in 1994. Some of his remarks were
regarding the following: His dedication during his administration was to return
the City to a strong fiscal condition and he mentioned a number of the hard
decisions made to accomplish this; developing a higher level of competency of
(lie employee which results in a higher quality of service provided to the public;
/ all deficits in the budget have been eliminated; the first priority in the new budget
was to retain the employees and in connection with that, they were developing a
compensation and classification process study; another principle goal was to
establish the department heads as being responsible for their budgets, prograins,
and their employees; he would like to see a performance based salary system; the
plan to increase the elected official's salaries; new safety personnel were going to
be hired which includes three new police officers and one dispatcher; there would
be more emphasis on traffic control; three new fire personnel will be hired, two
by the City and one by the rural district; they planned to consolidate the position
of Mayor's Assistant with the Finance Director/Treasurer position; expressed his
thanks to Evee Kiler, the present Finance Director who was leaving the City, for
the good decisions she has made which was not an easy process and the City
would miss her; discussed the importance of the override election and encouraged
everyone to vote; if the override fails, they will go ahead and add personnel
(alked about and will do a minimum performance based compensation plan; if it
does pass, we will do something above the minimum compensation plan for the
employees so we can be in a better competitive position; announced that if the
override fails, there will be a workshop on Friday at Noon to discuss wlint they
were going to do and if it passes, they already have a plan in place; commented
regarding the increase of fees for animal control; and explained that prioritizing
was the basis as to where the money would be allocated.
Both Councilwoman furl and Councilman Evans publicly thanked Evee Kiler and
expressed their appreciation for her working so diligently in helping them gel
{ control of the budget. There was a big difference as to where they were three and
J a half years ago and where they were today. They also recognized the help that
she gave them individually and thanked her for doing so and stated that they
would miss her.
(SECOND READING OF BiLL, NO. 22 TO AMEND THE CITY CODE 1-0 ADD
A CHAPTER REGARDING PARENTAL RESPONSIBILITY)
2 The next item under Old Business was the second reading of Bill No. 22 which
a the Mayor read by title only as follows:
e\
BEFORE THE CITY COUNCIL
CITY OF CALDWELL, IDAHO
IN THE MATTER OF THE APPLICATION y CASE NO. OA-07-97, COURSE
OF PLANNING AND ZONING COMMISSION j OF PROCEEDINGS, FINDINGS
FOR A TEXT AMENDMENT TO ZONING } OF FACT, APPLICABLE LOCAL
ORDINANCE NO. 1451 } LEGAL STANDARDS,
j COMPREHENSIVE PLAN
y ANALYSIS, AND
} RECOMMENDATION
COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on
application OA-07-97, to be held on June 26, 1997. Public notice requirements set forth in
Idaho Code, Chapter 65, Local Planning Act, have been met. On June 11, 1997, notice was
published in the Idaho Press Tribune.
1.2 At the June 26, 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 21, 1997 agenda. Public notice
requirements have been met; on July 5, 1997, notice was published in the Idaho Press
Tribune, and on July 3, 1997, notice was mailed to all political subdivision providing services
to the City of Caldwell.
1.3 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 APPLICANTS : Planning and Zoning Commission.
2.2 REQUEST: To amend the text of Zoning Ordinance No. 1451, Article 5, Mobile Home Park
Development Standards and Procedures, Section 10-05-04, subsection (1) by changing said
subsection to read "Area: The minimum land area necessary to establish a mobile home
park in the City shall be ten (10) acres."
2.3 This proposed change, if approved, will increase the current requirement of a minimum of
2 acres for a mobile home park to 10 acres.
2.4 Article 5, Mobile Home Park Development Standards and Procedures, was a part of the
Zoning Ordinance initially adopted in 1977; this subsection has not been amended since the
Ordinance's initial adoption. Twenty years ago, the 2-acre minimum lot size was compatible
with the growth and development conditions/patterns of the City. The feasibility of
developing a 2-acre site, given current growth trends toward larger complexes, is
improbable. A 10-acre parcel requirement provides a more realistic opportunity for common
areas, road development with sidewalks, recreational vehicle areas, and recreational areas
within a park.
CCU=1.
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.
3,2 Idaho Cade, Local Planning Act.
1V 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 bring the Ordinance into date with current growth patterns
and trends.
V CONCLUSIONS OF LAW
5.1 Based on the Findings of Fact and the Comprehensive Plan Analysis, the Planning and
Zoning Commission members concluded that the Zoning Ordinance is outdated and the
amendment would be in keeping with current development patterns for mobile home parks.
VI RECOMMENDATION TO CITY COUNCIL
The Planning and Zoning Commission, by a 3 to 0 vote, recommend to City Council that Case No.
OA-07-97, to amend Article 5, Mobile Home Park Development Standards and Procedures, Section
10-05-04, subsection (1) by changing said subsection to read: "Area: The minimum land area
necessary to establish a mobile home park in the City shall be ten (10) acres„ be approved.
Report prepared by:
Community Development Director Date