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HomeMy WebLinkAboutCity CouncilCITY COUNCIL ITEM DATE SUBMITTED BY ccy CC-4 igq-7 Lrw�a- dan-,,s CG-`� C)rQir C� its lce.- Irj,�GGt kzlL-P, BILL NO. 27 ORDINANCE NO. 2201 AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF C aLDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO ARTICLE 2, TABLE 1, LAND USE SCHEDULE; ARTICLE 3, DEFINITIONS; AND ARTICLE 4, INDIVIDUAL MOBILE/MANUFACTURED HOME UNITS: 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 C-3 I I-P M-1 M-2 Security Guard Quarters S S S S S SECTION 2. That Chapter 10, Article 3, Section 10-03-11, Definitions, shall be amended by adding certain language as follows: Securi Guard Quarters: A dwelling occupied by a resident watchman and/or a caretaker emploved on the premises for the purpose of providina 24-hour security. Security guard quarters may be• integrated within the primary business structure, or may be separate from the business structure. A recreational vehicle may be approved as the dwelling unit if it is determined by the hearing body -that the use is appropriate to the specific site. A buildinq permit shall be required and the dweilina unit must meet sanitary reauirements of the City. SECTION 3. That Chapter 10, Article 4, Individual Mobile/Manufactured Home Units, Section 10-04-03, Subsection 1, shall be amended by deleting certain language as follows: ■ r Jill I III III NjILVAAlsk-LAW" • • ■ • • .� • • • • ■ • a • • • • ■ ■ • ■ a • •I LZ WMDILVVIIIIR-L-L*MwiurworAa"vrlpFBI SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. w"N PASSED BY THE CITY COUNCIL of the City of Caldwell this 15 day of Sevtember , 1997. APPROVED BY THE MAYOR of the City of Caldwell this _day of -a rPm►,p,- _, 1997. ATTEST: City Clerk 4 BEFORE THE MAYOR AND CITY COUNCIL CITY OF CALDWELL, IDAHO IN THE MATTER OF THE APPLICATION } CASE NO. OA-09-97, COURSE OF COMMUNITY DEVELOPMENT } OF PROCEEDINGS, GENERAL DEPARTMENT FOR A TEXT AMENDMENT } FACTS, APPLICABLE LOCAL TO ZONING ORDINANCE NO. 1451 } LEGAL STANDARDS, FINDINGS } OF FACT, CONCLUSIONS OF } LAW, AND ORDER OF DECISION COURSE OF PROCEEDINGS 1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application OA-09-97, to be held on July 24, 1997. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On July 9, 1997, notice was published in the Idaho Press Tribune; and on July 9, 1997, notice was mailed to all political subdivisions providing services to the City of Caldwell. Said list is a part of the application file. 1.2 At the Public Hearing held July 24, 1997, Planning and Zoning Commission members approved the request for a text amendment and forwarded their recommendation for approval onward to City Council for action. 1.3 The Caldwell Community Development Department issued a notice of Public Hearing on application OA-09-97 to be held before City Council on August 18, 1997. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On July 30, 1997, notice was published in the Idaho Press Tribune; and on August 1, 1997, notice was mailed to all political subdivisions providing services to the City of Caldwell. Said list is a part of the application file. 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. GENERALFACTS 2.1 APPLICANT(S): Community Development Department, Caldwell, Idaho. 2.2 REQUEST: A recommendation by the Caldwell Planning and Zoning Commission to amend the text of Zoning Ordinance No. 1451 as follows: 1) add to Table 1, Land Use Schedule, "Security Guard Quarters" to the list of special uses in the C-3, C-4, I-P, M-1, and M-2 zones; 2) add to Section 10-03-11, Definitions, "Security Guard Quarters: A dwelling occupied by a resident watchman and/or a caretaker employed on the premises for the purpose of providing 24-hour security. Security guard quarters may be integrated within the primary business structure, or may be separate from the business structure. A recreational vehicle may be approved as the dwelling unit if it is determined by the hearing body that the use is appropriate to the specific site. A building permit shall be required and the dwelling unit must meet sanitary requirements of the City," and, 3) delete Subsection 1, of Section 10- 04-03. 23 This proposed change, if approved, will provide the opportunity for business/industry to request approval of security quarters at sites located within the C-3, C-4, I-P, M-1 and M-2 zones. 2.4 Currently, Article 4, Section 10-04-03, Subsection 1 of the Zoning Ordinance provides for a "mobile home or manufactured unit" to be used as residential quarters for watchmen or caretakers located on the same premises of an industrial or business establishment. There is no provision for the use of a recreational vehicle as watchman quarters, or for quarters integrated within a business/industrial structure. 2.5 "Mobile/manufactured home unit" is defined under Article 4, Section 10-04-01. This definition includes Class A, B, and C homes that could be proposed to be placed as security quarters. 2.6 Section 10-04-02, Subsection 1 C, states that "the minimum allowable width for a mobile/manufactured home on an individual parcel shall be twelve feet." 2.7 The current situation is: o no definition in the Zoning Ordinance for security quarters o security quarters are lumped in with Article 4, Individual Mobile/Manufactured Home Units, which are intended for use as single-family residences o security quarters should not be compared with single-family residences; the intent should be for security quarters to be unobtrusive and completely secondary to the primary use of the site as a business or industry o Class A, B, and C mobile/manufactured homes can be proposed for use as security quarters, even though Class C homes are those constructed prior to June, 1976 and are not permitted on individual lots as residential structures o any mobile/manufactured home placed on an individual lot has to be a minimum of 12 feet in width, even though this size in many instances would be obtrusive when used as security quarters o an RV is not permitted to be used as security quarters, even though in some instances an RV would be less obtrusive and more compatible to the area o there is no provision for security quarters to be integrated into the primary business/industrial structure o security quarters can be permitted by special use in all zones except R-1, R-2, R-3. Security quarters should not be necessary in neighborhood commercial (C-1) or community commercial (C-2) and should not be encouraged o Table 1, Land Use Schedule, does not list security quarters 2.8 If this request is approved, Subsection 1 of Section 10-04-03, Article 4, will have to be deleted. GG-�{ 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 Code, Local Planning Act. IV FINDINGS OF FACT City Council members adopted by reference the following Findings of Fact and Conclusions of Law as approved by the Planning and Zoning Commission members at their hearing held June 12, 1997: 41 There is a need for some businesses/industry to have security quarters for watchmen/caretakers on site. Special use permits can have conditions placed on them on a site -specific basis. 4.2 A building permit will be required for security quarters, which means that all City codes and dwelling standards will have to be met. 4.3 There is no definition in the Zoning Ordinance for security quarters. The proposed amendment will include recreational vehicles. V CONCLUSIONS OF LAW 5.1 There is a need for security quarters in some instances and an appropriate definition should be added to the Zoning Ordinance. VI ORDER OF DECISION Based upon these Findings of Fact and Conclusions of Law, and for the reasons stated, the Mayor City Council of Caldwell, Idaho, orders that Case No. OA-09-97, a recommendation by the Caldwell Planning and Zoning Commission to amend the text of Zoning Ordinance No. 1451 be approved as follows: 1) add to Table 1, Land Use Schedule, "Security Guard Quarters" to the list of special uses in the C-3, C-4, I-P, M-1, and M-2 zones; 2) add to Section 10-03-11, Definitions, "Security Guard Quarters: A dwelling occupied by a resident watchman and/or a caretaker employed on the premises for the purpose of providing 24-hour security. Security guard quarters may be integrated within the primary business structure, or may be separate from the business structure. A recreational vehicle may be approved as the dwelling unit if it is determined by the hearing body that the use is appropriate to the specific site. A building permit shall be required and the dwelling unit must meet sanitary requirements of the City," and, 3) delete Subsection 1, of Section 10-04-03. DATED THIS DAY OF AUGUST, 1997. BY ORDER OF THE MAYOR AND CITY COUNCIL OF CALDWELL, IDAHO Richard Winder, Mayor Chuck Houchins, Council President ATTEST: /aa�5�� /oq_� Betty Jo Keller, City Clerk Book 38 Page 266 neighborhood. Ile noted that he saw first hand how hind they were and what a good job they do. CONSENT CALENDAR "file Mayor presented the following items oil the Consent Calendar for consideration by the Members of the City Council: k 1. Dispense with file reading of the minutes of the Regular City Council Meeting of September 2, 1997, and the Executive Session held on September 8, 1997; k, 2. Accept the minutes of the Caldwell Industrial Airport Commission Meeting of August 7, 1997; 3. Approve the following Resolution accepting dedication of the sewer line for Annabelle house Assisted Living Facility to the City of Caldwell; A RESOLUTION BY TIIE CITY OF CALDWELL, IDAHO, ACCEPTING DEDICATION OF THE SEWER LINE .FOR ANNADF.LLE TIOUSE ASSISTED LIVING FACILITY TO TIIE CITY OF CALDWELL BY ASSISTED LIVING CONCEPTS, INC. IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN CITY RESOLUTION NO.4-94. 4. Approve Late Comer Agreement for sewer construction with Annabelle (douse; 5. Approve an agreement with the Air Guard to use the Caldwell Industrial Airport for practice assault landings for their C-130 aircraft; 6. Approve acceptance of right-of-way deed from Seventh Day Adventist Church and approval of right -or -way contract; 7. Approve acceptance of deed from Pam Spoolstra and approval of right-of-way contract. j MOVED by Ilouchins, SECONDED by Earl to approve the Consent Calendar as f . presented by the Mayor. Roll call vote. Those voting yes: Ilouchins, Evans, Earl, Busch, and Langan. Those voting no: none. Absent and not voting: Wells. MOTION CARRIED OLD BUSINESS (THIRD READING OF I31LL NO. 27 TO AMEND TIIE CITY CODE TO ADD SECURITY GUARD QUARTERS TO THE LIST OP SPECIAL USES) "file Mayor noted that this Bill was read for the first reading of August 18, 1997, and (lie second reading on September 2, 1997, and this was the lime set for the third reading. Mayor Winder read Bill No. 27 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF TIIE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDA1-10, PERTAINING TO ARTICLE 2, 'TABLE 1, LAND USE SCHEDULE; ARTICLE 3, DEFINITIONS; AND ARTICLE 4, INDIVIDUAL MOBILE/MANUFACTURED HOME UNITS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Langan, SECONDED by Earl that Bill No. 27 be passed and entitled Ordinance No. 2201. Roll call vole. Those voting yes: Langan, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: Wells. Book 38 Page 255 Councilman Wells asked several questions and expressed some concern about several items. After discussion, (lie Mayor asked for the vote. Roll call vote. 'I'llose volilig yes: llouchins, Evans, Earl, and Busch. Those voting no: Wells. Absent and not voting: Langan. MOTION CARRIED (SECOND READING OF BILL NO. 27 TO AMEN[) THE CITY CODE TO ADD SECURITY GUARD QUARTERS TO THE LIST OF SPECIAL USES) E Mayor Winder explained that this Bill was to amend (Ile Code to add Security �+ Guard Quarters to the list of special uses. The first reading was Feld on August 18'" and no one expressed opposition to this amendment. The Bill was read by title only as follows: AN ORDINANCE; TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF Tim. CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAIIO, PERTAINING TO ARTICLE 2, 'TABLE 1, LAND USE SCHEDULE; ARTICLE 3, DEFINITIONS; AND ARTICLE 4, INDIVIDUAL MOBILE/MANUFACTURED [TOME UNITS: REPREALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS TIIEREOF IN CONFLICT HEREWITH - MOVED by Earl, SECONDED by Ilouchins that this be considered the second reading of Bill No. 27. Roll call vote. Those voting yes: Earl, Busch, Wells, Ilouchins, and Evans. 'I'liose voting no: none. Absent and not voting: Langan. MOTION CARRIED (CONTINUE, PUBLIC HEARING ON REQUEST BY ALTIIA M. DISH AND ERNEST OROPEZA TO VACATE A PORTION OF LUCKY STIZEET RIGHT OF 'NAY) Mayor Winder explained that a Public Hearing was held during llie last Regular City Council Meeting on a request by Alths Bish and Ernest Oropeza to vacate a portion of Lucky Street right of way. The Hearing was continued so they could secure additional information and he would ask Staff to respond at this time. The Community Development Director noted that Council did receive a copy of a letter receives! front Jerrold Oregg, the Area Manager of (lie Bureau of Reclamation. It was lier suggestion that the Mayor read this letter into the record which was done as follows: Ms. Linda James, City of Caldwell Subject: Proposed vacation of McCarthy Subdivision's Lucky Way adjacent to 13 Drain in SW ''/4. Sec. 34, IAN, I13 W, B.M. This letter replies to your request for information pertinent to the vacation proposed by (lie owners of Lots 2 and 3, Block 3. The United Slates' "B" Drain easement was dedicated to the middle of Lucky Way on the 1963 McCarthy Subdivision plat. This drain was constructed over 70 years ago as part of the Bureau of Reclamation's Boise Irrigation Project. It continues to provide essential surface and subsurface drainage to this area of the City of Caldwell. In addition to the plat, the federal drain right of way exists by authority of the Act of Atigust 30, 1890. That act reserved in patents for lands Ihat left (he public domain after (hat ([file, "... a right of way thereon for dilchcs O.c.-a Book 38 Page 243 MOVED by f.�vnns, SECONDED by Busch to suspend the rule requiring that a bill be rend at three separate times and that it be read by title only for (lie one rending. Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and llouchins. Abs(ain: Farl. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOV17171) by Evans, Si'sCONDED by Busch that Bill No. 26 be passed and entitled Ordinance No. 2200 alter (he one reading by title only. Roll call vo(e. '[']lose voting yes: Evans, Busch,. Lnngan, Wells, and Ilouchins. Abslnin: l:nrl. Those voting no: none. Absent and not voting; none. MOTION CARRIED NirW BUSiNi+,SS 'S,1gQ-7 PU111,IC i1FAitING ON A TEXT ORDINANCE li[r,GARDiNG ADDING 'l'iiir, LIST OF .SPECIAL USES) AMENDRIENT TO THE, ZONING SECURITY GUARD QUAIt'rims `I'O Mnyor Winder informed Comrcil that Ibis item was with regard to an amendment (o (he Zoning Ordinnnce nil the City Code to ndd Security Ounrd qunrlers to (lie list of Special Uses. This request was brought before the City Coutncit by (lie Community Development Department of (lie City of Caldwell. There were no documents to be presented nl this time and no one signed to (edify. Alter expininhig the henring process, lie opened the Public Hearing and asked for the S(nff Report. Mrs. lames was sworn in by (he Clerk and presented her comments as follows: As yotr will note in the report, (his issue first came before the Pinning and Zoning Commission on .lily 24, 1997. At (lint Bearing, (he members approved the request for the text amendment and forwarded their recormnendnlion for approvnl to the City Council. The notice of public hearing was issued to be held a( this time and notice requirements mel. The request specifically was a recommendation by the 111nnning and Zonng Commission to amend the text of Zoning Ordinance No. 1451 which she explained and was noted in the proposed Bill. Alger some comments and questions from the Council, the Mayor stated that (lie only evidence would be (lie Staff Report which included (he Findings of Fact and Conclusions of T'sw as follows: Findings of Tact: • There is a need for some businesses/industry to have security quarters for watchmen/caretakers on site. Special use permits can have conditions p1sced on them on a fide -specific basis. • A building permit will be required for security quarters, which means (lint nil City Odes ant[ dwelling slandards will have to be met. • 'There is no dermition in (he Zoning Ordinance for security (lunrlers. The proposed amendment will include recrealionnl vehicles. Ctmclttsions of Lnw: • There is n need for security gtfar(ers in some instnnces and an approprinle detinilion should be ndded to the Zoning Ordinance. MOVED by Filrl, SECONDED by Evans to nccepl (he evidence as presented. - - %ok 19 Page 244 Roll call vote. Those voling yes: Earl, Busch, Langan, Wells, 11ouchil}s, and ivans. Those voling no: none. Absent and not voting: none. MOTION CARRIED MOVED by Earl, SECONDED by Evans to close the Public Itearing. Roll call vote. 'i•lrose voting yes., End, Busch, Langan, Wells, Houchins, and F,vans. Those voting no: none. Absent and not voting: none. MoT1ON CARRIED Mayor Winder read Bill No. 27 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, Or TILE MUNICIPAL CODE; OF TI 113 CITY OF CALDWi'sLL, COUNTY OF CANYON, STATE Or iDAi 10, PERTAINING TO ARTICLE 2, TA13LE 1, LAND USE SCHEDULE; ARTICLE 3, DFFiNITIONS; AND ARTICLE 4, INDIVIDUAL M01311,FYMANUFACTUR13D I10ME UNITS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT ITFREW1TIL The Mayor recommended to Council that this stand as the first reading of i3ill No. 27. In addition, Comicilwonran Earl stated I}rat she would MOV(; that they accept the Findings of Fact and Conclusions of i.aw that were Presented earlier and as presenfed by the Planning and Zoning Commission in their memo to Council. ,9IiC:C)NDi;1) by Evans, (toll call vote. 'Those voting yes: liflt I, Busch, i,mignn, Wells, I lotrchins, mul FSVRTIS. 'Those voling no: none. Absent and not voting: none. MOTION CARRIED MOVED by End, SECONDED by Langan that this be considered the first reading of 13ii1 No. 27. Roll call vote. Those voting yes: Furl, Busch, Langan, Wells, Ilouchins, and Evnns. Those voting no: none, Absent and not voling: none. MOTION CARRIEi? (1'11TILIC 111FAIIING ON REQUEST FROM .1011N ANi) ,SALLIE. PA1,l,P,12iA (I-ALSIIAW ESTATES) TO UIr,V1,l,OP 'll'HREf E RESIDENTIAL LOTS LOCATED IN T11i, R-I ZONE,) Mnyor Winder slated Ihal this henr•ing was n request from Pallerias to develop (Irree residential lots located in the R-1 lone. Councilwoman Finrl noted (lint she would abstnin on this limiter, The Mayor reviewed the hearing process again and informed Council that there were no documents to be entered into fire record. The applicants were John and Sallie Pallerin of 711 Kimberly Court of Caldwell. The applicant, Sallie Pallerin, had gone home for a moment and was the only person signed to testify on this mnl(er. The Mayor stated that they would hear the Staff Report and then see if she had relnrned.