HomeMy WebLinkAboutPlanning & Zoning - Hearing ExaminerPLANNING AND ZONING/HEARING EXAMINER
ITEM
DATE
SUBMITTED BY
PZ-1 AGENDA
PZ-2 MINUTES
PZ-3 SIGN-UP SHEET(S)
� �C — I I
PZ-�'1 �`Q-CAYNJINu�Ndk,R.,ctt/,v�
�d
rz-
RECOMMENDATION
BY THE PLANNING AND ZONING COMMISSION
CITY OF CALDWELL, IDAHO
PUBLIC HEARING HELD APRIL 27, 2011
SUBJECT: Case No. OA-141-11 (Flood Damage Prevention ordinance)
TABLE OF CONTENTS:
I. COURSE OF PROCEEDINGS
II. GENERAL FACTS
Ill. 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-141-11, to be held before the Caldwell Planning and Zoning Commission on
April 27, 2011. Public notice requirements set forth in Idaho Code, Chapter 65, Local Planning
Act, have been met. On April 8, 2011 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 April 8, 2011.
1.2 On April 27, 2011, the Caldwell Planning and Zoning Commission recommended approval of
the flood damage prevention ordinance.
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 GENERAL FACTS
2.1 APPLICANT: Caldwell Planning and Zoning Department, 621 Cleveland, Caldwell, ID 83605.
2.2 REQUEST: This is a proposal by the City of Caldwell to amend the flood damage prevention
ordinance in Chapter 12 of City Code.
2.3 TEXT CHANGE CONSIDERATIONS:
See draft ordinance.
OA-141-11 (Flood Damage Prevention Ordinance) Page 1 of 5
RECOMMENDATION
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, APRIL 27, 2011
4.1 Anne Marie Skinner, 621 Cleveland Blvd., Caldwell, ID 83605, Senior Planner/Development
Team Leader, presented the staff report and explained the proposed ordinance is contained
within Chapter 12 of City Code and it is an entire re -write of the flood ordinance. The draft
ordinance has been given to the Commissioners. Aaron Seable with the City Attorney's Office
and Lee Van De Bogart will both address the Commission on the specifics of the ordinance
and explain the reason why the City is mandated to approve it.
4.2 Ms. Skinner further stated that public agencies were notified as required by state code. The
meeting was noticed and published in the Idaho Press Tribune as also required by state code.
Ms. Skinner finally pointed out the comprehensive plan analysis on page 2 and the
recommendation on page 3 of the staff report.
4.3 Lee Van De Bogart, 621 Cleveland Blvd., Caldwell, ID 83605, Project Engineer stated he's
worked with FEMA for the past couple of years on adopting the new FEMA maps. Last
December they presented the final proposed maps that the City accepted, followed by a letter
of final determination from which the City has 90 days to adopt the new ordinance and make it
effective. The City of Caldwell is currently a participating community in the National Flood
Insurance Program which allows Caldwell citizens to purchase National Flood Insurance. The
new maps will be effective May 24, 2011 and also require an update of the flood ordinance.
The last update was in 1988. The ordinance reflects new requirements for new building within
flood zones. Things have changed over the last 20 years which have necessitated a re -write of
the entire ordinance. If the City does not adopt the new ordinance, the insurance policies can't
be sold and existing policies can't be renewed or rewritten until the ordinance is passed.
Property owners are required to buy flood insurance if their property is located within a flood
zone if any portion of the property is financed with federal dollars. Without adoption of this
ordinance, such property owners would not be able to obtain insurance on new
properties/structures or renew expired policies. It doesn't affect the City that much but it will
affect the citizens of the city. Additionally, there is a penalty of $50 per policy added to the cost
of the policy for any delay in adoption of the ordinance.
4.4 Commissioner Vance questioned allowance of purchasing insurance.
4.5 Mr. Van De Bogart clarified this applies only to flood insurance and no other type of insurance.
He further clarified that private flood insurance is available, but if the property is funded with
federal dollars at all then the federal flood insurance is required and they wouldn't be able to
buy this without the ordinance being adopted.
4.6 Commissioner Vance wondered about the new FEMA maps.
4.7 Mr. Van De Bogart responded that the maps were not provided for tonight's hearing and
explained the City of Caldwell worked diligently with FEMA because originally all of Caldwell
was "under water" in the proposed and that has since been revised.
4.8 Commissioner Vance asked for a general overview of the A zone which is referenced
frequently.
4.9 Mr. Van De Bogart responded that the A zone is for the 100-year flood and zone AE is also for
the 100-year flood zone but it has an established elevation contour line on the map. A zones
have a formula to determine the flood elevation. Mason Creek has some A zones. Dixie Drain
has some which is through the golf course and areas along Indian Creek including the trailer
parks between Linden and Ustick.
OA-141-11 (Mood Damage Prevention Ordinance) Page 2 of 5
RECOMMENDATION
4.10 Commissioner Vance wondered about the little waterways that weren't in any flood zones but
are on the new maps.
4.11 Mr. Van De Bogart responded with information that the new maps raised levels about 50%
higher than on the original maps, but the Engineering Department was able to keep the levels
below the tops of banks throughout town.
4.12 Ms. Skinner clarified that tonight's recommendation is a recommendation on the ordinance,
not on the maps.
4.13 Aaron Seable, 1303 12t" Avenue Road, Nampa, ID 83686, city attorney's office, explained the
FEMA mapping process in which FEMA originally presented maps showing most of downtown
in a new flood zone and the City Engineering Department pressed back and was able to work
with FEMA to get the downtown removed from the flood zone. The maps were solidified
through a federal regulatory process. The flood ordinance references the maps, but the
Commission has no responsibility to recommend or adopt or do anything with respect to the
maps themselves.
4.14 Mr. Seable further explained the origination of the draft ordinance. It began as a draft
formulated between FEMA and the State of Idaho which created a model ordinance. Mr.
Seable took the model ordinance and fit it into the City code eliminating such things as
tsunamis and tidal areas which are not going to apply to Caldwell. City departments reviewed
the ordinance and provided comments. FEMA provided comments with some minor changes
late last week. Two definitions were added that weren't in the model ordinance. Definition
number 25 on page 26 was modified to be concise and easy to understand. There was a
reference added to records pertinent to the flood ordinance being accessible to the public to
the fullest extent required by federal and state law. There was also a change to buildings less
than 1,000 square feet not having to meet the flood plain regulations. That should have been
200 square feet and it's been changed in the draft presented to the Commission tonight.
4.15 Commissioner Vance wondered about Section 12-15-13 on page 24 regarding the word
"altered" as appearing for the first time when throughout the rest of the ordinance it's referred
to as "substantial improvements". She questioned whether or not this was adding a more
severe restriction at the end of the ordinance that wasn't reflected throughout the remainder of
the ordinance.
4.16 Ms. Skinner directed Mr. Seable to those portions of the ordinance that reference "substantial
improvement" and pointed out that "substantial improvement" is included in the defined terms
whereas "altered" is not.
4.17 There was discussion amongst Mr. Seable, Ms. Skinner, the Commissioners and Brent Orton
regarding these terms.
4.18 Mr. Seable suggested to the Commission that they add to Section 12-15-13 the words
"substantially improved" prior to "or altered" as part of their motion to recommend approval. He
will consult with FEMA on this addition and recommend to Council to adopt the ordinance with
that addition.
4.19 Commissioner Vance motioned to close public testimony which was seconded by
Commissioner Clark and passed unanimously.
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 -
OA-141-11 (Flood Damage Prevention Ordinance) Page 3 of 5
RECOMMENDATION
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.
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 Natural Resources —
GOAL I: To preserve, protect, and enhance the City's water resources.
GOAL II: To preserve and protect the City's potable water source.
5.1.5 Hazardous Areas —
OBJECTIVE A: To lessen the threat of harm to people and damage to property.
5.1.6 Public Services Utilities and Facilities —
GOAL I: To ensure that there are adequate public services and infrastructure to meet the
needs of the public.
OBJECTIVE A: To provide for the orderly expansion of public services to meet the needs of
population growth, and ensure that adequate infrastructure is in place to serve new
development.
OA-141-11 (Flood Damage Prevention Ordinance) Page 4 of 5
RECOMMENDATION
OJBECTIVE B: To coordinate efforts among public agencies in order to provide better services
to the public.
OBJECTIVE C: To maintain adequate levels of public facilities and services that will serve the
diverse needs of the city.
5.1.7 Transportation —
GOAL I: To provide for the efficient, safe and cost-effective movement of people and goods.
GOAL II: To protect public safety and the environment.
5.1.9 Community Desi n —
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 & 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-141-11, a
request by the City of Caldwell concerning the adoption of the Flood Damage Prevention
Ordinance, be approved with the following addition:
6.2 The words "substantially improved" shall be added prior to "or altered" in Section 12-15-13.
CASE NUMBER OA-141-11 WAS HEARD BY THE PLANNING AND ZONING COMMISSION AT A
PUBLIC HEARING HELD APRIL 27, 2011.
THE MPREHENSIVE PLAN ANALYSIS AND RECOMMENDATION WERE DMINI T TIVELY
AP OVED AND SIGNED BY THE PLANNING AND ZONING HAIRPER ON pN HE DATE
PF-LoW t I
ATTEST:
Chairperson Date Anne Mai
OA-141-11 (Flood Damage Prevention Ordinance)
RECOMMENDATION
inner, BOior F' aTer
Page 5 of 5
SIGN UP SHEET
Please print the following required information and
in the appropriate box check whether you wish to speak or do not wish to speak.
CASE NAME: �anCC
CASE NUMBER: C)
IN FAVOR
❑speak ❑ Do not speak
Print Name
Print Address
city
State, Zip
❑speak ❑
Do not speak
Print Name
Print Address
city
State, Zip
❑speak ❑
Do not speak
Print Name
Print Address
city
State, Zip
NEUTRAL
❑speak ❑ Do not speak
Print Name
Print Address
city
State, Zip
❑speak ❑
Do not speak
Print Name
Print Address
city
State, Zip
❑speak ❑
Do notspeak
Print Name
Print Address
city
State, Zip
IN OPPOSITION
❑speak ❑ Do not speak
Print Name
Print Address
city
State, Zip
❑speak ❑
Do not speak
Print Name
Print Address
city
State, Zip
❑speak ❑
Do not speak
Print Name
Print Address
city
State, Zip
A
CALDWELL PLANNING AND ZONING COMMISSION
MINUTES
April 27, 2011
I. Call to Order -- Chairperson Scholz called the meeting to order for the public hearing at
7:02 p.m.
II. Roll Call —
Members Present: Ken Scholz, Ed Doty-Pomoransky, Dana Vance, David Clark and Mike
Pollard.
Disclosures and Conflicts of Interest: None
Members Absent: Arvid Salisbury
Staff Present: Anne Marie Skinner (Senior Planner/Development Team Leader); April Cabello
(Planning Technician); Lee Van De Bogart (Engineering Department); Brent Orton (Public
Works Director); Brian Billingsley (Planning and Zoning Director); Aaron Seable (City Attorney)
Staff Absent: Robb MacDonald (Assistant City Engineer)
Review of Proceeding — Chairperson Scholz announced the procedures for the public hearing.
III. Old Business
A. Approve minutes of April 12, 2011 regular meeting
MOTION: Commissioner Vance SECOND: Commissioner Pollard Passed:
Unanimous roll call vote.
IV. New Business
A. Case Number OA-141-11 a request by the City of Caldwell concerning the adoption
of the Flood Damage Prevention 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 ordinance is contained within Chapter 12 of City Code and it is
an entire re -write of the flood ordinance. The draft ordinance has been given
to the Commissioners. Aaron Seable with the City Attorney's Office and Lee
I
P&Z Minutes
4/27/2011
A
Van De Bogart will both address the Commission on the specifics of the
ordinance and explain the reason why the City is mandated to approve it.
2) Ms. Skinner further stated that public agencies were notified as required by
state code. The meeting was noticed and published in the Idaho Press
Tribune as also required by state code. Ms. Skinner finally pointed out the
comprehensive plan analysis on page 2 and the recommendation on page 3 of
the staff report.
3) Lee Van De Bogart, 621 Cleveland Blvd., Caldwell, ID 83605, Project
Engineer stated he's worked with FEMA for the past couple of years on
adopting the new FEMA maps. Last December they presented the final
proposed maps that the City accepted, followed by a letter of final
determination from which the City has 90 days to adopt the new ordinance
and make it effective. The City of Caldwell is currently a participating
community in the National Flood Insurance Program which allows Caldwell
citizens to purchase National Flood Insurance. The new maps will be
effective May 24, 2011 and also require an update of the flood ordinance.
The last update was in 1988. The ordinance reflects new requirements for
new building within flood zones. Things have changed over the last 20 years
which have necessitated a re -write of the entire ordinance. If the City does
not adopt the new ordinance, the insurance policies can't be sold and existing
policies can't be renewed or rewritten until the ordinance is passed. Property
owners are required to buy flood insurance if their property is located within
a flood zone if any portion of the property is financed with federal dollars.
Without adoption of this ordinance, such property owners would not be able
to obtain insurance on new properties/structures or renew expired policies. It
doesn't affect the City that much but it will affect the citizens of the city.
Additionally, there is a penalty of $50 per policy added to the cost of the
policy for any delay in adoption of the ordinance.
4) Commissioner Vance questioned allowance of purchasing insurance.
5) Mr. Van De Bogart clarified this applies only to flood insurance and no other
type of insurance. He further clarified that private flood insurance is
available, but if the property is funded with federal dollars at all then the
federal flood insurance is required and they wouldn't be able to buy this
without the ordinance being adopted.
6) Commissioner Vance wondered about the new FEMA maps.
7) Mr. Van De Bogart responded that the maps were not provided for tonight's
hearing and explained the City of Caldwell worked diligently with FEMA
because originally all of Caldwell was "under water" in the proposed and that
has since been revised.
8) Commissioner Vance asked for a general overview of the A zone which is
referenced frequently.
9) Mr. Van De Bogart responded that the A zone is for the 100-year flood and
zone AE is also for the ] 00-year flood zone but it has an established
elevation contour line on the map. A zones have a formula to determine the
flood elevation. Mason Creek has some A zones. Dixie Drain has some
which is through the golf course and areas along Indian Creek including the
trailer parks between Linden and Ustick.
10) Commissioner Vance wondered about the little waterways that weren't in
any Rood zones but are on the new maps.
11) Mr. Van De Bogart responded with information that the new maps raised
levels about 50% higher than on the original maps, but the Engineering
2
P&Z Minutes
4/27/2011
r
Department was able to keep the levels below the tops of banks throughout
town.
12) Ms. Skinner clarified that tonight's recommendation is a recommendation on
the ordinance, not on the maps.
13) Aaron Seable, 1303 12`h Avenue Road, Nampa, ID 83686, city attorney's
office, explained the FEMA mapping process in which FEMA originally
presented maps showing most of downtown in a new flood zone and the City
Engineering Department pressed back and was able to work with FEMA to
get the downtown removed from the flood zone. The maps were solidified
through a federal regulatory process. The flood ordinance references the
maps, but the Commission has no responsibility to recommend or adopt or do
anything with respect to the maps themselves.
14) Mr. Seable further explained the origination of the draft ordinance. It began
as a draft formulated between FEMA and the State of Idaho which created a
model ordinance. Mr. Seable took the model ordinance and fit it into the City
code eliminating such things as tsunamis and tidal areas which are not going
to apply to Caldwell. City departments reviewed the ordinance and provided
comments. FEMA provided comments with some minor changes late last
week. Two definitions were added that weren't in the model ordinance.
Definition number 25 on page 26 was modified to be concise and easy to
understand. There was a reference added to records pertinent to the flood
ordinance being accessible to the public to the fullest extent required by
federal and state law. There was also a change to buildings less than 1,000
square feet not having to meet the flood plain regulations. That should have
been 200 square feet and it's been changed in the draft presented to the
Commission tonight.
15) Commissioner Vance wondered about Section 12-15-13 on page 24
regarding the word "altered" as appearing for the first time when throughout
the rest of the ordinance it's referred to as "substantial improvements". She
questioned whether or not this was adding a more severe restriction at the
end of the ordinance that wasn't reflected throughout the remainder of the
ordinance.
16) Ms. Skinner directed Mr. Seable to those portions of the ordinance that
reference "substantial improvement" and pointed out that "substantial
improvement" is included in the defined terms whereas "altered" is not.
17) There was discussion amongst Mr. Seable, Ms. Skinner, the Commissioners
and Brent Orton regarding these terms.
18) Mr. Seable suggested to the Commission that they add to Section 12-15-13
the words "substantially improved" prior to "or altered" as part of their
motion to recommend approval. He will consult with FEMA on this addition
and recommend to Council to adopt the ordinance with that addition.
19) Commissioner Vance motioned to close public testimony which was
seconded by Commissioner Clark and passed unanimously.
MOTION TO CLOSE TESTIMONY: Commissioner Vance SECOND: Commissioner Clark
Passed: Unanimous roll call vote.
Evidence List for Case No. OA-141-11 - Consisted of the case file, the written and verbal staff
reports, the proposed ordinance and the sign-up sheets. MOTION: Commissioner Vance
SECOND: Commissioner Doty-Pomoransky Passed: Unanimous roll call vote.
P&Z Mint tes
4/27/2011
A
A
Comprehensive Plan Analysis on Case No. OA-141-11 — MOTION: Commissioner Doty-
Pomoransky SECOND: Commissioner Clark Passed: Unanimous roll call vote.
Recommendation on Case No. OA-14I-11 — MOTION: Commissioner Clark SECOND:
Commissioner Doty-Pomoransky. The Commission voted unanimously to Recommend
Approval with the following addition:
On Page 24 under Section 12-15-13, add the words "substantially improved" right before
"altered" to read as follows: No structure or land shall hereafter be located, extended,
converted, substantially improved or altered......
V1. Planning Issues —
A. The Commissioners were reminded of the Joint Workshop with City Council to
be held on Monday, May 2, 2011 at 6:00 p.m. and the next regularly scheduled
Planning and Zoning Commission hearing on June 14, 201 1 .
VII. Adjournment
Adjourn public hearing MOTION: Chairperson Scholz SECOND: Commissioner Clark
Passed: Unanimous roll call vote. The meeting was adjourned at approximately 7:32 p.m.
MINUTES APPROVED AND SIGNED BY CHAIRPERSON KEN SCHOLZ ON THE DATE
NOTED BE .
Ken Scholz \ Date 1
ATTEST:
Anne Marie\Skinner, S&W Planne Qev.)1'eam Leader
4
P&Z Minutes
4/27/2011
r,
r
CDX4 7 S
J Tht, Tiyaou, t c � - Fez
Caldwell Planning & Zoning Commission agenda for Public Hearing on
Wednesday, April 27, 2011 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 April 12, 2011 meeting as signed by Vice -Chairperson Doty-
Pomoransky on April 18, 2011.
IV. New Business
A. Case Number OA-141-11 a request by the City of Caldwell concerning the
adoption of the Flood Damage Prevention ordinance.
V. Planning and Zoning Issues, if any.
A. Reminder of the Joint City Council/Planning and Zoning Commission
Workshop on Monday, May 2, 2011 at 6:00 p.m.
VI. Next Planning & Zoning Commission Scheduled Public Meeting Date: June 14,
2011.
VII. Adjourn
Any person needing special accommodations to participate in the meeting should
contact the City Office at (208) 4554667 prior to the meeting.
Cualquier persona necesitando comodidades especiales para participar en la reunion debe
contactar al las oficinas de la Ciudad o llame a (208) 455- 4667 antes de la reunion.
�ryv:.°.
fygSER,
iafl eEs e e
® iRFE (7iY iRAMEi?ICA
City Hall 9 411 Blaine St. • P.O. Box 1179 *� Caldwell, Idaho 83606 - (908) 4S5 3000 c FAX: (208) ASS-3003 • www.cit4o l.co