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HomeMy WebLinkAboutCity Councilr"N CITY COUNCIL ITEM DATE SUBMITTED BY �ECovtc�e-a R7.•-r, �� 0-Z3- I - � - Cf'-',Z dew a, 14e:A&tz;-a ov3 140�embff 3, Igg7 wO � r ` e-" BILL NO. 39 ORDINANCE NO. 2213 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: SECTION 1. 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 Chanter, and which has continued as a residential use shall not be considered to be a nonconforming use but shall be considered to be a s cial use until such time that the residential use is re laced with another a roved use. A residentialstructure, existing as a special use, shall be granted the same privileges, ,as a permitted residential structure and maybe enlarged,. expanded, replaced, and/or_ remodeled, if a buildingpermit has been obtained, and as long as setbacks of the underlying zone can be met or a variance iLganted Upon a change in use, the structure shall not be returned to a residential use unless a,special use permit has been approved following the public hearing_ process. 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 Planning and Zoning Director 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: (1) Eammission. Intervret and administer this Chapter. The Director shall have the authority to order, in iting. the remedy of any condition found to be in violation of this Chapter, or of any permit approved under the provisions of this Cha ter_ Any 22rson ieved by a decision made by the Director in inte[2reting or enforcing this Chapter 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 10-03-03, Subsection 2 of this Article. - Lei ■-i-rl �Re�•��s��s�-atr ��st.�R.�n-iR�.vi�iai�■�r.e•�.��w CIG r" % .--N 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: (6) M SECTION 4. 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 1st day of December 1997. APPROVED BY THE MAYOR of the City of Caldwell this. 1st day of December 1997. ATTEST: _l` J�- City Clerk Book `8 n rage 301 R14"M AR MEETING N(; uEMBFIt 3, 1997 7:39 P.M. The Meeting tuns called to order by Mayor Winder. The Mayor requested that everyone stand for the invocation offered by Reverend Bohlken, brace Lutheran Church, after which everyone remnined standing for (lie ('ledge of Allegiance. The Roll of the City Council wns called with the following members present: 1 lotrchills, rivans, Earl, l3uscli, Langan, and Wells. Absent: none. ADDITIONS OR DELETIONS TO T11T; AGENDA. Councilman llouchins pointed out Ihal there was an error in Item No. 6 under New Business. "I lie date should be 1997 rattier Ihnn 1977. MOV r;l) by llouchins, SECONI)Er) by Evans to approve the Agenda as amended. Roll call vote. "Those voting yes: llouuchins, (;vans, Earl, Busch, Langan, and Wells. Whose voting no: none. Absent and not voting: none. MOTION CARRIED INT110DUC`I'ION 01T SI'rCIAI, VISITORS. Mayor Winder recognized several candidates in the election to be held oil November 4"': Shannon Ozuna running for seat No. 2 and three incumbents Jerry Langan, 13ob Busch, and Rita tsar]. The Community Development Director also inlroduced Bud Knickerbocker, the new Planner 1. AUDIENCE PARTICIPATION. '1'1le Mayor asked if there was anyone from the audience who would care to bring any item to their altenlion that was not on (lie Prepared Agenda. Since there was uo oire, the Mayor declared that the meeting would continue ns outlined. CONSENT CALENDAR The Mayor presented the following ilems on the Consent Calendar for consideration by the Members of the City Council: I . Dispense wilh the reacting, of lite mimiles of the Regular City Council Meeting of October 20, 1997, and approve as written, 2. Approve acceptance of a steed From Regina Broadbent for right of way Iocntecl at Andy bane/Lake Avenue and right of way agrQement; 3. Approve Sewer Cost Sharing Agreement willh .terry foster; 4. Approve a Resolulion for the dedication of sewer extension for Jerry and Debi Foster; 5. Approve ratification of Resolution for vacation of a portion of a utility easement located across Lot I, Block I, Westgate Subdivision. MOVED by llouchins, SECONDED by Langan that the Consent Calendar be approved ns presented. Roll gall vote. 'those voting yes: llouchins, Evans, Farl, Busch, Langan, and Wells. 'Those voting no: none. Absent and not voting: none. G� G 0 C'a { Book 38 Page 304 Roll call vole. Those voting yes: Evans, Earl, Busch, Langan, Wells, and llouchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Public Itesting was closed by Mnyor Winder after which he read Bill No. 39 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE - OF Tall; CiTY OF CALDWELL, COUNTY OF CANYON, STATE OF IDA110, REGAIt1)1NG: ARTICLE 2, ZONING DISTRICT REGULATIONS AND STANDAiIDS, SECTION 10-02-08, NON -CONFORMING USES; ARTICLE 3, ADMINISTRATIVE PROCEDURES, SECTION 10-03-02, DUTIES OF 71-11E PLANNING AND ZONING DIRFCTOR: REPEALING ALI, ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLiC"r IIFREWITIi. (PUBLIC 11FARiNG ON TEXT OF ZONING ORDINANCE NO. 1451, SECTION 10-02-08 OF Ti E, CITY CODE; REGARDING NONCONFORMING USES) Mayor Winder expinitied that this Public Hearing was with regard to Nonconforming Uses. The nppiicant was the City of Caldwell and the request was to ninend the text of file Zoning Ordinance, 1451, and amend the City Code, Section 10-02-08. This was to prevent residen(inl dwellings in existence at the time of the adoption of the Zoning Ordinance to be considered legal conrorming use tnttii the use was changed. The applicable seclions of the Code were Idaho Code, C ampler 05, l,ocal I'Innning Act and (lie Caldwell City Code, Zoning Ordinance No. 1451. As Ihere was no one signal to speak to this item, the Staff Report would l?e presented at this time. lie opened the public Hearing and recognized Mrs —Tallies, the Community Development Director. Mrs. James informed Couticil (list this mat(er did go before the Planning and Zoning Commission for the first public hearing on October 9tt' and (lie Commission recommended unanimously that the City Council consider (his amendment and approve it. The reason this wns being heard was because in the past few months we have had three different persons come forward and ask us to (nke Special Use requests to public hearing so lint they call have their home determiner) to be a Special Use and could then sell it. Banks were not lending money on the selling of homes that were considered to be non -conforming uses in non-residential areas. This was primarily because of the clause that if it was destroyer! I1y seventy percent, the only way (hey could build it back would be to go to n Public Ilenring and ask for a Special Use Permit. She found it interesting Ihat in the Zoning Ordinance under Every Non -Residential District, meaning Commercial i)islricls and even Industrial Parks District, single family dwellings were pernii(led by special use permit. If the intent at the time of passing (lie Zoning Ordinance was to eliminate dwellings from these District, they should never have been listed in the special use permit listing. When cities or counties Pass zoning ordinances and do (he broad "brush stroke" identifying commercial and indRistrinl district and want those homes out of there at a certain time, they do not put them in a special use permit. If they believe they were appropriate, they do a blanket coverage and allow them in special use permit. Once the Ordinance was passed, those existing homes ertioy the status of a special use permit until it wns discontinued. It also means under our ordinance that if you had a home in a commercial district and did change the use (o corrrrnercial permitted use and decided at some Point that Ibis was not working, the Director could come before Ilse 111rtnning and zoning Commission and ask that it be changed to a special use permi(. Zoning was often times logic and common sense and this rule in the Ordinance does not snake sense and it is not feasible or appropriate to ask people on a case by case basis to have (o go (o a public (tearing and spend that nioney in order to continue to enjoy their homes. Book 38 The Members of the City Council discussed this matter at some length after which it was MOVFf) by Langnn, SI;CONDT D by Evans to accept the Staff Report as evidence ns well as (he testimony presented. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. 'Those voting no: none. Absent slid not voting: none. MOTION CARRIED Comicilwomnn Farl presented the following Firtclirigs of Fact: • That (lie City Council adopt Findings thnl were received from Planning and Zoning C'nmmission lis(cd ns 2.1, 2.2, 2.2.1, 2.2.2, 2.3, 2.3.1. MOVED by T,vans, 813CON1)T331) by End to nccep( (lie findings of fact as presented by Councilwoman Earl. Roll call vote. Those voling yes., Evans, Earl, Busch, Langan, Wells, and I1011chins. Those voting no: none. Abselit and not voting: none. MOTION CARRIED Conclusions of Law were presented by Councilwoman Earl: • The request meets (lie intent of Ilse law in the npplienble standards and proper Public llenriiig liolificatioti requirements were (net and the City Council does hnve (lie sulhorily (o hear this ilem tend to pass the Ordinnnce. MOVVJ) by i vaiis, .9FC'ONDEI) by Busch to accept the Conclusions of Law as presenled. Roll call vSite. Those voting yes: Evans, 1?nrl, Busch, Langnn, Wells, and I louchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVFI) by ifouchins, SI?CONi)ED by Earl to close the Public hearing. Izoll call vote. 'those voting yes: i1MIchins, Evans, End, Busch, Langnn, and Wells. '1 hose voting iio: none. Absent acid not volitig: (tone. MOTION CARRII_,i) M.1yor Wincicr closed (lie i'ublic; I learing. ((�ON,SID ,R HILL NO. 39 TO AM1,NI) TIIr CITY CODE, CIIAl''I'rII iq, RECTARDIING DUTIKS OF Tilt; PLANNiNG AND ZONING DIRECTOR ANT) NONCONFORMING USES) Mayor Winder rend I3ill No. 39 agaiii for consideration by (lie Council expininitig that site amendments for both of the above 'stems were included in this Bill. AN ORDiNANCE TO AMEND CIiAI "TER 10, OF 'T'IIE MUNICIPAL CODE OF TI IF CITY OF CALDWE-U, COUNTY OF CANYON, STATE OF IDATIO, REGARDiNG: ARTICLE 2, ZONING DISTRICT REGULATIONS AND STANDARDS, SECTION 10-02-08, NONCONFORMING USES; ARTICLE 3, ADMINtfiTRATiVI; i ROCFDURT S, SECTION 10-03-02, DUTTES OF THE PLANNING AND ZONING} DIRECTOR: REPEALING ALL ORDINANCES, RIr,ShLiITIONS, ORD11,981 AND PARTS '1'111x,1z1101 IN CONPLICT 1-11"RliWITI 1. Page 305 0 0 -?, BILL NO. 4�414tr ORDINANCE 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: SECTION 1. 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 Chanter, 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 replaced with another gpyroved use. Aresidential structure, existing as a special use, shall be granted the same Privileges as a permitted residential structure and may be enlarged, expanded, replaced, and/or remodeled, if a building_ permit has been obtained, and as long as setbacks of the underlying zone can be met or a variance is granted Upon a change in use, the structure shall not be returned to a residential use unless a special use permit 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 Planning and Zoning Director to adininiate, fifis ehapter 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- (1) Administer Planning mid Zoning (Dodes as developed by the eity eouncil wwd the Planning mid Zonhyg Eummission.. Irate ret 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 any permit approved under the provisions of this Chapter. Any person aggrieved by decision made by the Director in interpreting or enforcing this Chapter 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 10-03-03, 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: (6) W SECTION 4. 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 day of , 1997. APPROVED BY THE MAYOR of the City of Caldwell this day of , 1997. F..1i111*.Id City Clerk Mayor BEFORE THE MAYOR AND CITY COUNCIL CITY OF CALDWELL, IDAHO IN THE MATTER OF THE APPLICATION } CASE NO. OA-12-97, COURSE OF OF PLANNING AND ZONING COMMISSION ) PROCEEDINGS, COMMISSION'S OR A TEXT AMENDMENT TO ZONING ) FINDINGS OF FACT, ORDINANCE NO. 1451, SECTION 10-02-08, ) APPLICABLE LEGAL NONCONFORMING USES ) 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-12-97, 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, have been 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 voted unanimously 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-12-97, 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 Caldwell. 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 COMMISSION'S FINDINGS OF FACT 2.1 APPLICANT(S): Planning and Zoning Commission. 2.2 REQUEST: To amend the text of Zoning Ordinance No. 1451, Section 10-02-08, Nonconforming Uses, to permit residential dwellings in existence at the time of adoption of the Zoning Ordinance to be considered legal, conforming uses until the use is changed. Currently, the only way for this to occur is for the owner of each respective lot, that has an existing nonconforming residence, to come forward and apply for a special use permit. The special use permit, if granted, will bring the residence into legal, conforming status. 2.2.1 When a person attempts to buy a lot that has a residence that is considered to be nonconforming, lenders will not approve a loan because of the clause in the Zoning Ordinance that states: "Whenever a nonconforming structure is removed or destroyed to an extent of more than 70%, the nonconforming condition may only be reconstructed or installed upon approval by the City Council, after the recommendation of the Commission, and following the public hearing procedure for a special use permit." CC, \ 2.2.2 When the Zoning Ordinance and accompanying zoning map were adopted by the City in 1977, many residential areas with existing residential structures were rezoned to commercial and/or industrial. The rezoning caused those existing residences to become nonconforming uses and subject to the 70% replacement clause. 2.3 The addition of the following subsection is required in order give Special Use Permit status to all residences that were in existence at the time of adopting the Zoning Ordinance, and that have continued to be used as residences: 2.3.1 Section 10-02-08: NONCONFORMING USES: ! 12 Any structure in use as a residence at the time of adoption or amendment to this Chapter, 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 replaced with another approved use. A residential structure, existingasa special_use, shall be granted the -same privileges as a permitted residential structure and may be enlarged, expanded, replaced, and/or remodeled, if a building permit has been obtained, and as Iong as setbacks of the underlying zone can be met or a variance is granted. Upon a change in use, the structure shall not be returned to a residential use unless a special usepermit has been approved following the public hearing process. A thane in use shall not be considered to have occurred until the structure has actually been converted to a non-residential use. III APPLICABLE LEGAL STANDARDS 3.1 City of Caldwell Zoning Ordinance No. 1451 3.2 Idaho Code, Chapter 65, Local Planning Act VI COUNCIL'S FINDINGS OF FACT Reserved for Mayor and City Council. VII 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. VIII COUNCIL'S CONCLUSIONS OF LAW Reserved for Mayor and City Council. IX RECOMMENDATION TO CITY COUNCIL The Planning and Zoning Commission, by unanimous vote, recommend to the Mayor and City Council that Case No. OA-12-97, to amend Zoning Ordinance No. 1451 to bring residential dwellings in existence at the time of adoption of the Zoning Ordinance into legal conforming status as outlined in Section 2.3.1 of this Report be approved. X ORDER OF DECISION Reserved for Mayor and City Council. Report prepared by Date