The URL can be used to link to this page

Home My WebLink About1998-08-24city council minutesBook 39 SPECIAL MEETING AUGUST 24,1998 12:00 NOON The Special Meeting was called to order by Mayor Nancolas. The Mayor requested that everyone stand for the Pledge of Allegiance to the flag The Roll of the City Council was called with the following members present: Earl, Ozuna, Langan, Wells, and Evans. Absent: Gable. The Mayor asked Councilwoman Earl if she wanted to be excused at this time due to a conflict of interest. Councilwoman Earl stated that she would like to be excused and retired to the back of the room. (PUBLIC NEARING TO CONSIDER EXTENDING BY 90 DAYS THE 180 DAY MORATORIUM PLACED ON ACCEPTING ANY NEW APPLICATIONS FOR SPECIAL USE PERMITS TO DEVELOP MOBILE HOME PARKS WITHIN THE CITY — CASE NO. HOL- O1A -98) Mayor Nancolas announced that this was the time and place set for a public hearing on extending a moratorium that was previously entered into by the City on accepting any new applications for Special Use Permits to develop mobile home parks within the City of Caldwell — Case No. IIOL -01 A -98. The Mayor asked if there was anyone else from the audience who cared to sign up to testify. As there was no one, he reviewed the format for holding a public hearing stating that the Staff Report would be the first item in this process and would be presented by Mrs. James. Those signed to speak in favor of this action would speak first, then those in opposition, and those signed to ask questions or make comments would be last. Rebuttal will then be heard as well as surrebuttal. The public testimony portion would then be closed, evidence will be admitted, Findings of Fact and Conclusions of Law will be composed based on the infonmation presented in the hearing, an Order of Decision will be determined, the Public Hearing will be closed, and Council would then move to consideration of the Resolution under No. 2 on the Agenda. The Public Hearing was declared open by Mayor Nancolas and he noted that only two people were signed to speak to this matter: Fred Cornforth, who was signed to speak in favor of the moratorium and Susan Wildwood, who signed the sheet to make a comment or ask a question. Mrs. James, the Community Development Director, presented the background information stating that this item has been going through proceedings since January of 1998. The last action on the proposed moratorium was on August 3, 1998, when Council denied the proposed draft amendment of the Manufactured Home Ordinance. Council will note:in the Staff Report, under Section 2.3.2, that this request does not affect any of the mobile home parks that received approval of their respective special use permits and were not relevant to the issue at hand. Mrs. James further said that she felt it should be clarified and understood that this includes Country Village which will be corning back to the Council on September the 8 for public hearing. Those were not new. applications, but were applications that were heard under the current rule. The Director submitted PR -1 as an exhibit which was a letter from John P. Connolly, Attorney at Law, dated August 18, 1998. The letter was as'follows: Page 19& I am in receipt of the Notice of the Caldwell Hearing to provide a ninety day extension on the moratorium regarding Manufactured Housing Parks. My client, the Idaho Manufactured Housing Association asked me to communicate to you the fact that we do not have a problem with this ninety day extension. We have Book 39 no objection because we understand that we will have an opportunity to provide input to the City about the ordinance at a public workshop. Our goal will be to make changes to the proposed ordinance along the lines of our testimony at the last public hearing. Thank you for providing us with notice. We look forward to receiving information on the time and place for the workshop discussed by the City Council. Mrs. James also noted that the request was to extend the moratorium by ninety days. If not extended, it would expire on August 29` Fred Cornforth, 15130 Fiesta Way, was recognized by the Mayor and stated that he represented Idaho Development and Housing, a non - profit affordable housing developer. He stated that he would like to speak in favor of extending the moratorium as he believed a lot of thought has gone into the process so far. After a few further comments, Mr. Cornforth said that they would Hike to go on record as being in favor of the extension. Page 197 Susan Wildwood was recognized and stated that she was here on behalf of Country Village and there was no opposition. She wanted to be here on behalf of a client to be sure that the moratorium would be an extension of a moratorium and not a new one. In response, the Mayor noted that Item 2.3.2 in the Staff Report specifically states that it was an extension and was not a new moratorium, but an extension of the existing one so that all previous applications before the moratorium would not be affected by this at all. Mrs. James informed Council that she spoke with the Planning and Zoning Commission members and they would like to see the workshop held the second week of September. After that workshop was held, the Commission would hold their own workshop to go over the revisions to the proposed amendments. Public hearings would then be held and the Commission would take their recommendation to the City Council and the second public hearing would be held. This should all be accomplished within the 90 days. MOVED by Langan, SECONDED by Ozuna that the public testimony portion of this hearing be closed. Roll call vote. Those voting yes: Langan, Wells, Evans, and Ozuna. Those voting no: none. Abstain: Earl. Absent and not voting: Gable. The Mayor presented the following evidence for the record: PR -1, the letter from John Connolly, Attorney at Law; the Staff Report re Case HOL- O1A -98; Sign up sheets. MOVED by Evans, SECONDED by Langan to accept the evidence regarding this matter as presented by the Mayor. -- Roll call vote. Those voting yes: Evans, Ozuna, Langan, and Wells_ Those voting no: none. Abstain: Earl. Absent and not voting: Gable. MOTION CARRIED Councilman Evans then presented the following Findings of Fact: • We have had presentation only by people who were in favor of extending the moratorium and there was no opposition; • Have heard that the moratorium extension was necessary in order to accommodate two workshops and two public hearings and give proper time for noticing and up to 90 days was needed. It was pointed out in Book 39 Page 198 our last public hearing when Couuicil rejected the proposed manufactured home ordinance that public interest was sought and desired so this would accommodate that opportunity; This particular meeting was properly noticed so it was a legally held meeting according to law; We are also meeting Lmder the applicable legal standards including the City of Caldwell Zoning Ordinance No. 1451, as amended; City of Caldwell Comprehensive Plan, as amended; Idaho Code, Chapter 65, Local Planning Act, Section 67 -6524. Mayor Nancolas submitted as a general fact as presented by Staff in the Report: • Items 2.2 and 2.3.2 to be re- emphasized which deal with the fact that this does not affect any of the mobile home parks that received approval prior to this and this was continuation of a previous public hearing where Findings of Fact and Conclusions of Law were established necessitating the need to upgrade the mobile park ordinance. MOVED by Langan, SECONDED by Ozuna to accept the Findings of Fact as presented. Roll call vote. Those voting yes: Evans, Ozuna, Langan, and Wells. Those voting no: none. Abstain: Earl. Absent and not voting: Gable. MOTION CARRIED Conclusions of Law were presented by Councilman Evans as follows: • Council was authorized by Law to act on this matter; • Proper notification has been followed. The Mayor added the following: There has been a cause established for a need to extend the moratorium because the revision could not be completed in the original time frame. Also, we do have the ability to extend that time granted by State Code. MOVED by Evans, SECONDED by Ozuna to accept the Conclusions of Law as presented. Roll call vote. Those voting yes: Evans, Ozuria, Langan, and Wells. Those voting no: none. Abstain: Earl. Absent and not voting: Gable. MOTION CARRIED MOVED by Evans, SECONDED by Wells that the Council accept the Findings of Fact and Conclusions of Law and extend the present 180 day moratorium by an additional 90 days. RoI1 call vote. Those voting yes: Evans, Ozuna, Langan, and Wells. Those voting no: none. Abstain: Earl. Absent and not `voting: Gable. MOTION CARRIED MOVED by Langan, SECONDED by Evans to close the Public Hearing. Roll call vote. Those voting yes: Langan, Wells, Evans, and Ozuna. Those voting no: none. Abstain: Earl. Absent and not voting: none. MOTION CARRIED Book 39 The Mayor officially closed the public Hearing. (CONSIDER THE RESOLUTION TO ADOPT THE EXTENSION OF THE MORATORIUM) Mayor Nancolas informed Council that the next item to consider was the Resolution to adopt the extension of the moratorium which he read in full as follows: BE IT RESOLVED That the stated purpose of this Resolution is to make a part of the public record that the City of Caldwell does place a 90 — Day Moratorium Extension to the previous 180 — Day Moratorium on accepting any new applications for Special Use Permits for mobile home park development in the City of Caldwell in order to review and amend accordingly Article 5, Mobile Home Park Development Standards and Procedures, Chapter 10, Zoning Ordinance No. 1451. MOVED by Langan, SECONDED by Evans that the Resolution as presented by the Mayor be approved. Roll call vote. Those voting yes: Langan, Wells, Evans, and Ozuna. Those voting no: none. Abstain: Earl. Absent and not voting: Gable. MOTION CARRIED (ADJOURNMENT) MOVED by Evans, SECONDED by Wells that since there was no further business, the meeting be adjourned at 12:25 p.m. MOTION CARRIED APPROVED AS written THIS 8th DAY OF September '1998. Page 199 - �� -1 C qaLAt Mayor Councilperson ATTEST: City Clerk