HomeMy WebLinkAboutPlanning & ZoningPLANNING AND ZONING
ITEM
DATE SUBMITTED BY
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BEFORE THE CITY COUNCIL
CITY OF CALDWELL, IDAHO
IN THE MATTER OF THE APPLICATION ) CASE NO. OA-11-97,
OF PLANNING AND ZONING COMMISSION } COURSE OF PROCEEDINGS,
FOR A TEXT AMENDMENT TO ZONING ) COMMISSION'S FINDINGS OF
ORDINANCE NO. 1451 ) FACT, APPLICABLE LEGAL
STANDARDS, COMMISSION'S
CONCLUSIONS OF LAW, AND
} RECOMMENDATION
COURSE OF PROCEEDINGS
1.1 The Caldwell Community Development Department issued a notice of Public Hearing on application
OA-I 1-97, to be held on October 9, 1997, before the Planning and Zoning Commission. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, were met. On September 24,
1997, notice was published in the Idaho Press Tribune, and on September 23, 1997, notice was mailed
to all political subdivisions providing services to the City of Caldwell. A list of those political
subdivisions was made a part of the case file.
1.2 At said hearing before the Planning and Zoning Commission, members unanimously voted to
recommend to the Mayor and City Council that the proposed text amendment be approved and
directed staff to forward the recommendation onward.
1.3 The Caldwell Community Development Department issued a notice of Public Hearing on application
OA-I 1-97, to be held on November 3, 1997, before the Mayor and City Council. Public notice
requirements set forth in Idaho Code, Chapter 65, Local Planning Act, have been met. On October
29, 1997, notice was published in the Idaho Press Tribune, and on October 28, 1997, notice was
mailed to all political subdivisions providing services to the City of CaIdweII. 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 will also be available for review at the hearing.
II FINDINGS OF FACT
2.1 APPLICANT(S): Planning and Zoning Commission.
2.2 QUEST: To amend Article 3, Administrative Procedures, Section 10-03-02, Duties of the Planning
and Zoning Director, by adding a provision for the Director to have the authority to call for revocation
of a permit, and to provide an appeal process for the same. Currently, the Planning and Zoning
Commission is provided with the authority to revoke or modify its approval of a Special Use Permit.
This means that if a clear violation of a condition of approval placed on the permit occurs, the
violation can continue until a public hearing can be scheduled and the violation heard by the
Commission. It takes a minimum of 20 days prior to a scheduled Planning and Zoning Commission
meeting in order to meet public hearing notification requirements. Oftentimes, a violation can be
worked out between the Director and the permit holder without the issue having to go before Planning
and Zoning at a public hearing. If the issue cannot be resolved at the Planning Director level, or an
aggrieved party does not agree with the Director's interpretation/decision, the appeal process can be
used and a public hearing would then take place before the Commission.
2.2.1 The following deletions/additions are required in order to revise the Ordinance:
2.2.1 10-03-02: DUTIES OF THE PLANNING AND ZONING DIRECTOR: The Council shall appoint
a Planning and Zoning Director to admhfistei this Ehapte who shall be responsible for enforcing and
administering this Chapter. The Planning and Zoning Director may be provided with the assistance
of such other persons as the Council may direct. For the purpose of this Chapter, the Planning and
Zoning Director shall have the following duties:
2.2.2 { 1 }
Zoning eommission. Interpret and administer this Chapter. The Director shall have the authority
to order, in writing, the remedy of any condition found to be in violation of this Chapter, or of an
permit approved under the provisions of this Chapter. Any person aggrieved by a decision made b
the Director in interpreting or enforcing this Chapter mgy appeal such decision following the
procedures outlined in Subsection 7G of this Section. Such appeal shall be heard following the public
hearing requirements set forth in Section 10-03-03, Subsection 2 of this Article.
2.2.4 Renumber the remaining subsections.
III APPLICABLE LEGAL STANDARDS
3.1 City of Caldwell Zoning Ordinance No. 1451, as amended.
3.2 Idaho Code, Chapter 65, Local Planning Act
IV COUNCIL'S FINDINGS OF FACT
Reserved for Mayor and City Council.
V COMMISSION'S CONCLUSIONS OF LAW
The request meets the intent of the law and the applicable legal standards, and proper public hearing
notification requirements were met.
VI COUNCIL'S CONCLUSIONS OF LAW
Reserved for Mayor and City Council.
VII RECOMMENDATION TO CITY COUNCIL
The Planning and Zoning Commission, by unanimous vote, recommend to the Mayor and City
Council that Case No. OA-11-97, to amend Zoning Ordinance No. 1451 by adding a provision for
the Planning and Zoning Director to have the authority to call for revocation of a permit, and to
provide an appeal process for the same be approved.
r
VIII ORDER OF DECISION
Reserved for Mayor and City Council.
Report prepared by:
i�t� \Ww��
Community De elopm nt Director
Date
BILL NO.
ORDINANC
E NO.
AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 2,
ZONING DISTRICT REGULATIONS AND STANDARDS, SECTION 10-02-08, NON-
CONFORMING USES; ARTICLE 3, ADMINISTRATIVE PROCEDURES, SECTION 10-03-02,
DUTIES OF THE PLANNING AND ZONING DIRECTOR: 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:
SECTIONI. That Chapter 10, Article 2, Section 10-02-08, Nonconforming Uses, shall be amended by
adding certain language as follows:
12 -Any structure in use as a residence at the time of adoption or amendment to this Cha ter, and which
has continued as a residential use shall not be considered to be a nonconforming use but shall be
considered to be a special use until such time that the residential use is re laced with another a roved use.
?. residential structure existinR as a s ecial use shall be granted the same Drivileges as a Dermitted
residential structure and mav be enlarged. ex anded, re laced and/or remodeled. if a buildin ermit has
been obtained and as long as setbacks of the underlving zone can be met or a variance is mnted. U on
a change in use the structure shall not be returned to a residential use unless a special use 2ermit has been
approved following the public hearin rocess. A change in use shall not be considered to have occurred until
the structure has actually been converted to a non-residential use.
SECTION 2. That Chapter 10, Article 3, Section 10-03-02, Duties of the Planning and Zoning Director, shall be
amended by adding and deleting certain language as follows:
10-03-02: DUTIES OF THE PLANNING AND ZONING DIRECTOR: The Council shall appoint a PIanning and
Zoning Director who shall be res onsible for enforcing and administering this Cha ter.
The Planning and Zoning Director may be provided with the assistance of such other persons as the Council may
direct. For the purpose of this Chapter, the Planning and Zoning Director shall have the following duties:
(1) AdLiffiliftl Planning mid 2011ing eudes as developed by tit, City eouncii mid tf,e Pimming, mid ZZ-Villits
Eonnnissk rr, lnte ret and administer this Chapter. The Director shall have the authority to order, in writing. the
remedv of any condition found to be in violation of this Cha ter or of any 2ermit apiRroved under the rovisions
of this Cha ter. Any person aggrieved by a decision made by the Director in interpretinginterpreiing or enforcing this Cha ter
may appeal such decision following the procedures outlined in Subsection 7G of this Section. Such appeal shall be
heard following the Public hearing requirements set forth in Section 1.0-03 03, Subsection 2 of this Article.
. . _
SECTION 3. That Chapter 10, Article 3, Section 10-03-02, Duties of the Planning and Zoning Commission, shall
be amended by renumbering the remaining subsections as follows:
" L1
(-*i (6)
SECTION 4. This Ordinance shall be in frill 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 day of 1997.
APPROVED BY THE MAYOR of the City of Caldwell this day of , 1997.
ATTEST:
City Clerk
Mayor
COMMUNITY DEVELOPMENT DEPARTMENT
(IT� ' �G21 L la�YaurCALDWELL. D 83605
L1NDA .A','.ES TELEPHONE 455 3021
Community Deveicoanent 7orector FAX 455-3003
MINUTES OF THE PLANNING AND ZONING CONMUSSION
Meeting of October 9, 1997
7:00 p.m.
CALL TO ORDER:
Vice -Chairman Mike Nachtigall called the regular meeting of the Planning and Zoning
Commission to order at 7:00 p.m., in the Caldwell City Hall Chambers.
II ROLL CALL:
Present: Mike Nachtigall, Sonia Huyck, Bill Gilbert, Charles Murphy
Absent: William Roos
Staff. Linda James, Ann Marie Reyes
III REVIEW OF PROCEEDINGS:
Vice Chairman Nachtigall explained the procedures for public hearings.
IV POLL FOR CONFLICT OF INTEREST:
Members were polled for conflict of interest; none were expressed.
V OLD BUSINESS:
1. Approval of the September 11, 1997. A motion was made by Commissioner Huyck,
seconded by Commissioner Murphy, to approve the minutes as amended. Passed
unanimously by voice vote. Approval of the September 25, 1997 minutes. A motion was
made by Commission Huyck, seconded by Commissioner Murphy, to approve the minutes.
Passed by unanimous voice vote.
V1 NEW BUSINESS:
Case No. SUP-13A-97, a request by Donald Lane, for the Planning and Zoning Commission
to review conditions placed on approval of the special use permit for tractor/trailer repair
shop located in a C-4 zone. The site is more commonly known as 1311 Andy Lane.
Linda James reviewed Case No. SUP-13-97 and the decision affirming the project that was made
October 9 1997. Mmutes
Pave I
by the Planning and Zonu ,-,-ommission on June 1'2, 1997. Bob Bro�ux°s Trucking the lPacPr „f tkp
land, has indicated that the site is being used as a truck terminal, and that there are no repairs other
than on their own vehicles taking place in the shop. Linda .lames submitted Exhibit A-1, a letter
from Don Lane stating that all trucks that are not being worked on will be parked at Sinclair Truck
Stop. Mrs. James spoke with Mr. Johnston, with Uni(fn Oil, regarding Bob Brooks being able to use
the Sinclair Service Station site, located at 2424 Franklin, in order to park their tractors and trailer.
Mr. Johnston said Union Oil is entering into an agreement with Bob Brooks Trucking, which will
permit the trucking firm to park all of the tractors and trailers at this site in exchange for purchasing
fuel products from Sinclair. The use of the Andy Lane site for parking tractors and trailers should
no longer be needed or used by Bob Brooks or any other entity as a trucking terminal.
Two persons signed up in opposition. Concerns expressed were: deterioration of the road and safety
concerns for the public with big heavy trucks on such a small road.
Moved by Commissioner Huyck, seconded by Commissioner Murphy, that the Planning and Zoning
Commission amend the conditions placed on Case No. SUP-13-97, by adding the following: 1) state
that it is not a truck parking terminal, it is a repair shop only; 2) the Community Development
Director is to receive a copy of the agreement between Bob Brooks Trucking and Union Oil no later
than October 16, 1997; 3) only emergency repairs on loaded trailers will be permitted, and only
tractors and trailers that are being repaired are permitted on site and are not to be left on site for
storage.
Roll Call: Yes: Sonia Huyck, Charles Murphy, BiII Gilbert
No: None
MOTION CARRIED
Anyone interested in filing an appeal may contact the Community Development Department.
Linda James suggested that a letter be written to Don Lane, copied to Bob Brooks and United Oil
over Vice -Chairman Nachtigall's signature stating everything that has occurred at this hearing. The
RV's that are on site are to be removed no later than October 16, 1997. If it is not remedied by that
date, the permit could be revoked. Moved by Commissioner Huyck, seconded by Commissioner
Murphy, that the Planning and Zoning Commission direct the Community Development Director
to draft a letter addressed to Don Lane stating the motion that was made at this hearing and
reiterating the previous conditions and the enforcement policy. The letter is to be signed by Vice
Chairman Nachtigall.
Roll Call: Yes: Sonia Huyck, Charles Murphy, Bill Gilbert
No: None
MOTION CARRIED
2. Case No. OA-11-97, a request by the Planning and Zoning Commission to amend the text
of Zoning Ordinance No. 1451, Article 3, Section 10-03-02, Duties of the Planning and
Zoning Director, by adding a provision for the Director to have authority to call for
revocation of a permit, and to provide an appeal process of the same.
Linda James presented the application report. She briefly stated the request is to provide a provision
for the Planning and Zoning Director to have the authority to revoke a permit or to notify to someone
who is in violation of any provision in the Zoning Ordinance without having to come before
October 9, 1997, Minutes
Page 2
Planning and Zoning Common members. Such authority should aCinclude an appeal process
for any decision made by the Director.
Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that the Planning and Zoning
Commission hereby recommends approval of the request to amend the text of Zoning ordinance No.
1451, Article 3, Section 10-03-02, Duties of the Planning and Zoning Director, by adding a provision
for the Director to have authority to call for revocation of a permit, and to provide an appeal process
of the same; and forward the recommendation to City Council for final action.
Roll Call: Yes: Sonia Huyck, Bill Gilbert, Charles Murphy
No: None
MOTION CARRIED
3. Case No. OA-12-97, to amend the text of Zoning Ordinance No. 1451, Article 2, Section 10-
02-08, Nonconforming Uses, to permit residential dwellings in existence at the time of
adoption of the Ordinance to be considered legal, conforming uses until the use is changed.
Linda James presented the application report. The home owner will be able to make any changes
and additions as long as they are able to meet setbacks and zoning requirements, without going
through the Special Use Permit process to continue the residential use. The homes were grand
fathered into the City under the existing zoning ordinance, because they were constructed before
1977. The Zoning Ordinance was worded in a way that if the owners ever wanted to expand the
structure, remodel, or if it were to burn down more than 70% or destroyed, they would have to seek
a Special Use Permit to retain residential status.
Moved by Commissioner Huyck, seconded by Commissioner Gilbert, that the Planning and Zoning
Commission hereby recommends approval of the request to permit residential dwellings in existence
at the time of adoption of the Zoning Ordinance to be considered special uses until the use is
changed, and forward the recommendation to City Council for final action.
Roll Call: Yes: Sonia Huyck, Bill Gilbert, Charles Murphy
No: None
MOTION CARRIED
VII DISCUSSION ON PLANNING ISSUES: A decision was made to provide notice in the
local newspaper that educational workshops to discuss planning and zoning, will be held at
12:00 p.m. the first week of the month; and at 5:00 p.m. the third week of the month. The
meetings will be held at City Hall in the Conference Room.
VIII ADJOURNMENT: Vice Chairman Nachtigall adjourned the meeting at approximately
8:15 p.m.
October 9, 1997, Minutes
Page 3
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