HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONING/HEARING EXAMINER
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RECOMMENDATION
BY THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD FEBRUARY 14, 2012
SUBJECT: Case No. OA-146-12 (Animal Control/Dog Ordinance)
TABLE OF CONTENTS:
I. COURSE OF PROCEEDINGS
II. GENERAL FACTS
III. APPLICABLE LEGAL ANALYSIS
IV. TESTIMONY
V. COMPREHENSIVE PLAN ANALYSIS
VI. RECOMMENDATION
I COURSE OF PROCEEDINGS
1.1 The Caldwell Planning and Zoning Department issued a notice of Public Hearing on
application OA-146-12, to be held before the Caldwell Planning and Zoning Commission on
February 14, 2012. Public notice requirements set forth in Idaho Code, Chapter 65, Local
Planning Act, have been met. On January 29, 2012 notice was published in the Idaho Press
Tribune. Notice was sent to all political subdivisions located within Caldwell's area of impact
and within the City of Caldwell on January 27, 2012.
1.2 On February 14, 2012, the Caldwell Planning and Zoning Commission recommended
approval of the ordinance amendment.
1.3 Files and exhibits relative to this application are available for review in the Caldwell Planning
and Zoning Department, 621 Cleveland Blvd., Caldwell as well as applicable public hearings.
II GENERALFACTS
2.1 APPLICANT: City Clerk and Planning and Zoning Department, 621 Cleveland Blvd., Caldwell,
ID 83605.
2.2 REQUEST: This is a proposal by the City of Caldwell to amend the animal control ordinance in
Chapter 8 of City Code and the dog ordinance in Chapter 10 of City Code.
2.3 TEXT CHANGE CONSIDERATIONS:
See draft ordinance.
OA-146-12 (Animal ControllDog Ordinance)
RECOMMENDATION
Page ? of 3
III APPLICABLE LEGAL STANDARDS
3.1 City of Caldwell Zoning Ordinance, as amended.
3.2 City of Caldwell Comprehensive Plan, as amended.
3.3 Idaho Code, Title 67, Chapter 65, Local Planning Act
IV TESTIMONY BEFORE THE PLANNING AND ZONING COMMISSION, FEBRUARY 14, 2012
4.1 Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development
Team Leader, presented the written staff report.
4.2 Ms. Skinner explained there is some conflict between the existing animal control ordinance
and the zoning ordinance in that a kennel license is required for 3 or more canines, but the
zoning ordinance prohibits kennels in any residential zone. This proposed amendment rectifies
the conflict, as well as providing a grandfather clause for all those residents that have more
than 3 canines as of January 1, 2012.
4.3 Commissioner Salisbury wondered about a definition for dogs.
4.4 Ms. Skinner responded that it was any canine and that there is a whole list of definitions
already approved as part of the original ordinance.
4.5 Commissioner Vance wondered about the zones that allow kennels.
4.6 Ms. Skinner stated that commercial and industrial zones were being added as being
permissible in which to operate a kennel.
4.7 Ray Young, 415 West Elm Street, Caldwell, ID 83605, testified in favor of the proposed
amendment. Mr. Young explained that he has more than the 3 dog -maximum, but he had
gone through all the appropriate channels through both the city and the county to have them
licensed and to obtain a kennel license. Essentially, he was issued a kennel license even
though it wasn't permitted at the time, because apparently none of the staff could find the rules
regarding dogs. Mr. Young is grateful for the proposed grandfather clause as that will enable
him to keep all of his dogs as he has been trying to comply with all codes as explained to him
by staff over the past six years.
V COMPREHENSIVE PLAN ANALYSIS
The Caldwell Planning and Zoning Commission accepts the Comprehensive Plan components
as listed below:
5.1 CONSISTENT WITH THE COMPREHENSIVE PLAN: The request is consistent with the
following components of the Comprehensive Plan:
5.1.1 Property Rights -
GOAL: To ensure that land use policies, restrictions, conditions and fees do not violate
property rights, adversely impact property values or create unnecessary technical limitations
on the use of the property.
OBJECTIVE A: To establish a sound basis for land use and environment regulations through
comprehensive planning and adopted policies and ordinances.
OBJECTIVE D: To assure that development pays its fair share by establishing a rational,
equitable basis for calculation the type of any exaction, or the amount of any impact fee.
OA-146-12 (Animal ControllDog Ordinance) Page 2 of 3
RECOMMENDATION
5.1.2 Economic Development —
GOAL IV: To create neighborhoods where citizens can live, work and play.
5.1.3 Land Use —
GOAL I: To establish land -use management policies that protect property rights and the
environment, maintain a high quality of life, provide adequate land for all types of
development, and adequately buffer non -compatible uses.
GOAL II: To create a strong sense of community and place.
GOAL III: To create communities that are more livable, affordable and ecologically
sustainable.
OBJECTIVES APPLICABLE TO ALL LAND USES:
OBJECTIVE A: To guide the growth and development of land uses in such a way that the
health, safety, and general welfare of residents will be protected.
5.1.4 Hazardous Areas —
OBJECTIVE A: To lessen the threat of harm to people and damage to property.
5.1.5 Community Desion —
GOAL: Foster growth in a manner that will enhance and improve the City's visual image.
OBJECTIVE A: To promote, encourage and maintain an aesthetically pleasing city.
VI PLANNING S ZONING COMMISSION'S RECOMMENDATION
6.1 Based on the Comprehensive Plan analysis and testimony, the Planning & Zoning
Commission hereby recommends to the Mayor and City Council that Case No. OA-146-12, a
request by the City Clerk and Planning and Zoning Department to amend Chapter 8, Article 3,
Section 9 regarding animal control and Chapter 10, Articles 2 and 3 regarding the land use
schedule and land use regulations for animals and definitions, be approved.
CASE NUMBER OA-146-12 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A
PUBLIC HEARING HELD FEBRUARY 14, 2012.
THE COMPR ENSIVE PLAN ANALYSIS AND RECOMMENDATION WERE AD INISTRATIVELY
APPROV A D SIGNED BY THE PLANNING AND ZONING CH IRPERSO ON THE DATE
NOTED IIV.
ATTEST:
Ken Sc olz, Chair Date Anne Marie inner, S ni r r
OA-146-12 (Animal ControUDog Ordinance) Page 3 of 3
RECOMMENDATION
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in the appropriate box check whether you wish to speak or do not wish to speak.
CASE NAME: Animal Control / Dog Ordinance
CASE NUMBER: OA-146-12
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CALCELL PLANNING AND ZONING COMMICON
MINUTES
February 14, 2012
1. Call to Order - Chairperson Scholz called the meeting to order for the public hearing at 7:04 p.m.
II. Roll Call -
Members Present: Ken Scholz, Ed Doty-Pomoransky, Dana Vance, Arvid Salisbury, Roger Page
Disclosures and Conflicts of Interest: None
Members Absent: None
Staff Present: Anne Marie Skinner (Senior Planner/Development Team Leader);
Robb MacDonald (Assistant City Engineer); April Cabello (Planning Technician)
Staff Absent: Brian Billingsley (Planning and Zoning Director)
Review of Proceeding - Chairperson Scholz announced the procedures for the public hearing.
111. Old Business
A. Approve minutes of October 11, 2011 regular meeting with two minor corrections on page 4:
correcting "Chairperson Salisbury" to "Commissioner Salisbury" under the Motion to Close
Testimony and correcting "Chairperson Clark" to "Commissioner Clark" under the second on the
evidence list.
MOTION: Commissioner Vance SECOND: Commissioner Doty-Pomoransky Passed:
Unanimous roll call vote.
1V. New Business
A. Elect chairperson and vice -chairperson for 2012
Ed Doty-Pomoransky made a motion to nominate Ken Scholz as Chairperson for 2012.
MOTION: Commissioner Doty-Pomoransky SECOND: Commissioner Vance Passed:
Unanimous roll call vote.
Dana Vance made a motion to nominate Ed Doty-Pomoransky as Vice -Chairperson for 2012.
MOTION: Commissioner Vance SECOND: Commissioner Salisbury Passed: Unanimous roll
call vote.
B. Confirm appointment of April Cabello as clerk for the P&Z Commission for 2012
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2/14/2012
MOTION: Commi er Doty-Pomoransky SECOND: Commissio age Passed: Unanimous
roll call vote.
C. Case Number OA-147-12 a request by the Caldwell Planning and Zoning Department to amend
the current Caldwell Zoning Map and Official Comprehensive Plan Map.
Testimony:
1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior
Planner/Development Team Leader, presented the written staff report and explained
that the official adoption of the updated zoning map and comprehensive plan map is
done on a yearly basis even though the rezones, annexations and de -annexations
were effective upon recordation.
2) Commissioner Salisbury wondered about the uses in the area on the west side of
Paynter between Laurel and Evans that is going to be changed on the Comprehensive
Plan Map to Traditional Neighborhood.
3) Ms. Skinner responded that the area proposed to be changed consists of single-family
dwelling, duplexes, triplexes, offices, mobile homes and manufactured homes. West
of the subject area is all industrial in use but that is going to remain Industrial on the
Comprehensive Plan Map.
4) Commissioner Vance wondered if the Comprehensive Plan Map changes were sent
out to the property owners.
5) Ms. Skinner responded that the Comprehensive Plan Map changes are not sent out to
property owners, but if the map changes are approved by Council, then staff will
move forward with rezoning the area and, at that point, all the property owners are
notified for individual meetings as well as workshops. Any property owners who are
not in agreement with the zone change would be removed from the rezone area.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Salisbury
Passed: Unanimous roll call vote.
Evidence List for Case Number OA-147-12 - Consisted of the proposed zoning map, proposed
comprehensive plan map, case file, the written and verbal staff reports, the sign-up sheets.
Findings of Fact for Case Number OA-147-12 - MOTION: Commissioner Doty-Pomoransky SECOND:
Commissioner Vance Passed: Unanimous roll call vote.
Conclusions of Law for Case Number OA-147-12 — MOTION: Commissioner Salisbury SECOND:
Commissioner Doty-Pomoransky Passed: Unanimous roll call vote.
Recommendation on Case Number OA-147-12 — MOTION: Commissioner Vance SECOND:
Commissioner Page. The Commission voted unanimously to recommend Approval of the proposed
zoning map and comprehensive plan map.
D. Case Number OA-145-12 a request by the Planning and Zoning Department and the Engineering
Department to amend Chapter 10, Article 11 of the Caldwell City Code, regarding the industrial
airport overlay ordinance.
Testimony:
1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior
Planner/Development Team Leader, presented the staff report and explained the
proposed amendment includes additional language regarding effects of air traffic on
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2/14/2012
surro4 ig uses and adds the requirement of an avigareasement to all uses rather
than just noise sensitive uses, in both the APO-1 and APO-2 zones.
2) Ms. Skinner further stated a public workshop had been held with City Council on the
ordinance, it has been reviewed by the city attorney and the proposed amendment
was also forwarded to the Airport Commission for comment. The Airport
Commission responded, via email, that they were fully supportive of the proposed
amendment.
3) Chairperson Scholz wondered about residential homes in the airport overlay zone.
4) Ms. Skinner pointed out the overlay zone and that portions of Monarch, Delaware
Park and Blackhawk are in the overlay zone. Pheasant Run, Copper Creek and
Pennsylvania Park are in the overlay zone.
5) Ms. Skinner clarified that the ordinance amendment does not have anything to do
with the boundaries of the overlay zone.
6) Public testimony was closed.
MOTION TO CLOSE TESTIMONY: Commissioner Salisbury SECOND: Commissioner Page Passed:
Unanimous roll call vote.
Evidence List for Case Number OA-145-12 - Consisted of the case file, the verbal testimony, and the
sign-up sheet. MOTION: Commissioner Salisbury SECOND: Commissioner Doty-Pomoransky Passed:
Unanimous roll call vote.
Comprehensive Plan Analysis for Case Number OA-145-12 MOTION: Commissioner Vance
SECOND: Commissioner Salisbury Passed: Unanimous roll call vote.
Recommendation on Case Number OA-145-12 — MOTION: Commissioner Page SECOND:
Commissioner Vance. The Commission voted unanimously to recommend Approval.
E. Case Number OA-146-12 a request by the Planning and Zoning Department and the City Clerk to
amend Chapter 8, Article 3, Section 9 regarding animal control and Chapter 10, Articles 2 and 3
regarding the land use schedule and land use regulations for animals and definitions.
Testimony:
1) Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior
Planner/Development Team Leader, presented the written staff report.
2) Ms. Skinner explained there is some conflict between the existing animal control
ordinance and the zoning ordinance in that a kennel license is required for 3 or more
canines, but the zoning ordinance prohibits kennels in any residential zone. This proposed
amendment rectifies the conflict, as well as providing a grandfather clause for all those
residents that have more than 3 canines as of January 1, 2012.
3) Commissioner Salisbury wondered about a definition for dogs.
4) Ms. Skinner responded that it was any canine and that there is a whole list of definitions
already approved as part of the original ordinance.
5) Commissioner Vance wondered about the zones that allow kennels.
6) Ms. Skinner stated that commercial and industrial zones were being added as being
permissible in which to operate a kennel.
7) Ray Young, 415 West Elm Street, Caldwell, 1D 83605, testified in favor of the proposed
amendment. Mr. Young explained that he has more than the 3 dog -maximum, but he had
gone through all the appropriate channels through both the city and the county to have
them licensed and to obtain a kennel license. Essentially, he was issued a kennel license
3
P&Z Minutes
2/ 14/2012
even thou wasn't permitted at the time, because apparei,.., none of the staff could
find the rules regarding dogs. Mr. Young is grateful for the proposed grandfather clause
as that will enable him to keep all of his dogs as he has been trying to comply with all
codes as explained to him by staff over the past six years.
MOTION TO CLOSE TESTIMONY: Commissioner Salisbury SECOND: Commissioner Page Passed:
Unanimous roll call vote.
Evidence List for Case Number OA-146-12 - Consisted of the sign-up sheet, case file, and verbal
testimony. MOTION: Commissioner Vance SECOND: Commissioner Doty-Pomoransky Passed:
Unanimous roll call vote.
Comprehensive Plan Analysis for Case Number OA-146-12 — MOTION: Commissioner Salisbury
SECOND: Commissioner Vance Passed: Unanimous roll call vote.
Recommendation on Case Number OA-146-12 - MOTION: Commissioner Doty-Pomoransky
SECOND. Commissioner Page. The Commission voted unanimously to recommend Approval.
V. Planning Issues —
A. The next regularly scheduled Planning and Zoning Commission hearing is April 10,
2012.
V1. Adjournment
The meeting was adjow•ned at approximately 7.47 p.m.
MINUTES A ED AND SIGNED BY CHAIRPERSON KEN SCHOLZ ON THE DATE NOTED
BEL
Ken Scholz 4DateATTEST:Anne Ma ie S iDev. Team Leader
4
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2/ 14/2012
r
The Treasure of the Valley
Caldwell Planning & Zoning Commission agenda for Public Hearing on
Tuesday, February 14, 2012 at 7:00 p.m., in the Community Room, Caldwell
Police Department, 110 South 5th Avenue, Caldwell, Idaho.
REVISED AGENDA
I. Call to Order
II. Review of Proceedings
III. Old Business
A. Approve Minutes of October 11, 2011 meeting as signed by Chairperson Sholz on
October 20, 2011.
IV. New Business
A. Elect chairperson and vice -chairperson for 2012.
B. Confirm appointment of April Cabello as clerk for the P&Z Commission for 2012.
C. Case Number OA-147-12 a request by the Caldwell Planning and Zoning
Department to amend the current Caldwell Zoning Map and Official
Comprehensive Plan Map.
D. Case Number OA-145-12 a request by the Planning and Zoning Department and
the Engineering Department to amend Chapter 10, Article 11 of the Caldwell City
Code, regarding the industrial airport overlay ordinance.
E. Case Number OA-146-12 a request by the Planning and Zoning Department and
the City Clerk to amend Chapter 8, Article 3, Section.9 regarding animal control
and Chapter 10, Articles 2 and 3 regarding the land use schedule and land use
regulations for animals and definitions.
V. Planning and Zoning Issues, if any.
VI. Next Planning & Zoning Commission Scheduled Public Meeting Date: April 10,
2012.
VII. Adjourn
Any person needing special accommodations to participate in the meeting should
contact the City Office at (208) 455-4667 prior to the meeting.
CualquEer persona necesitando comodidades especiales para participar en la reuni6n debe
contactar al las oficinas de la Ciudad o Ilame a (208) 455- 4667 antes de la reuni6n.
1008 QResERvF
City Hall • 411 Blolne St. • P.O. Box 1179 • Caldwell, Idaho 83606 • (208) 455 3000 • FFIX: (208) 455-3003 • www.cItyofcal