HomeMy WebLinkAboutORD 20430 0
BILL NO. 30
ORDINANCE NO. 2043
AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE
CITY OF CALDWELL, IDAHO FROM R -3T (MULTI-,FAMILY HIGH DENSITY
RESIDENTIAL; INDIVIDUAL MOBILE HOME OVERLAY); TO M -1T (LIGHT
INDUSTRIAL; INDIVIDUAL MOBILE HOME OVERLAY); DETERMINING THAT SAID
CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL,
IDAHO; INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO DESIGNATE
SAID PROPERTY AS M -1T ON THE OFFICIAL ZONING MAP AND REPEALING ALL
LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, Idaho;
WHEREAS, it has been determined by the City Council of the City of Caldwell, Idaho,
upon the recommendation of the Planning and Zoning Commission and following the
public hearing procedures as required in Section 6 -4 -3 Caldwell Municipal Code, that the
following described property be rezoned from R -3T (Multi - family High Density Residential;
Individual Mobile Home Overlay); to M -1T (Light Industrial; Individual Mobile Home
Overlay); subject to the terms, provisions and commitments contained in the attached
Development Agreement which is made part of this ordinance; and that said rezoning is
in the best interest of the City of Caldwell, Idaho.
Said property is located generally on the southwest corner of Chicago Street and 15th
Avenue as shown on the attached map labelled Exhibit "A" which is made part of this
Ordinance.
IT IS HEREBY ORDAINED AS FOLLOWS:
Section 1. That certain land described above is now zoned M -1T (Light Industrial;
Individual Mobile Home Overlay) after the date of this ordinance and in accordance with
the adopted Development Agreement.
Section 2. The Planning and Zoning Director of the City of Caldwell is hereby instructed
to so designate the same above described property on the official zoning map of the City
of Caldwell, Idaho, as being M -1T.
Section 3. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
Section 4. This ordinance shall be in full force and effect from and after its passage.
ORDINANCE - 1
PASSED BY THE COUNCIL of the City of Caldwell, Idaho, this 1 Rth day of
July . 1994.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this L8t day of
July . 1994.
Mayor
ATTEST:
City Clerk
ORDINANCE - 2
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EXHIBIT A
DEVELOPMENT AGREEMENT
18th
THIS DEVELOPMENT AGREEMENT is entered into this _ day of July , 1994, by
and between SPUDNIK EQUIPMENT COMPANY INC. and GEORGE E. SOLIS,
hereinafter referred to as "Owners" and the CITY OF CALDWELL, hereinafter referred
to as "City ".
1. PURPOSE OF AGREEMENT. The Owners seek a change in the zoning in
order to allow for a renovation and an expansion of an existing, non - conforming
use on the subject property. The change of zoning will also facilitate recognition
of the existing use as a conforming permitted use in the proposed zoning district.
The City will grant this change in the zoning contingent upon the owner fulfilling
specific terms, provisions, reservations and commitments contained in the
agreement in order to provide a balance between the owner's desire for certainty
in the development process and the City's desire for control of any project
impacts; to insure harmony with the established surrounding pattern of
development; and to insure that the development proceeds in the best interest of
health and safety and welfare of the citizens of Caldwell.
2. SUBJECT PROPERTY.
Lots 13 through 18, Block 60, Foote Addition lying in the SE 1/4 of Section 22,
Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho.
3. PROPOSED CHANGE IN ZONING. Subject property is currently zoned R -3T
(Multi - Family High Density Residential, Mobile Home Individual Overlay).
Owners desire a rezone of the subject property to M -1T (Light Industrial, Mobile
Home Individual Overlay).
4. AGREEMENT. The City hereby agrees to implement a contingent zoning
change on the subject property changing the zone from R -3T (Multi - Family High
Density Residential, Mobile Home Individual Overlay) to M -1T (Light Industrial,
Mobile Home Individual Overlay). This agreed change is contingent upon the
following terms, provisions, reservations and commitments:
DEVELOPMENT AGREEMENT
SPUDNIK - P.1
0 0
1) Uses allowed on the subject land will be confined to any agricultural,
residential, or commercial permitted or special uses authorized
within the M -1T zoning district as specified or hereinafter modified
in Section 6 -2 -1, Table 1 (Land Use Schedule) of the Caldwell
Zoning Ordinance.
2) The existing use on the subject land is considered "farm equipment sales
and service" as stated in Section 6 -2 -1, Table 1 (Land Use Schedule) of the
Caldwell Zoning Ordinance and is a permitted commercial use in the M -1T
zoning district.
3) Any renovation or expansion of the existing use shall be accomplished in
accordance with the development standards and requirements of the City of
Caldwell.
4) The City of Caldwell will allow the development access to the roads, water
and sewer in the area.
5) The City of Caldwell agrees to immediately initiate and record the change
of zoning and this agreement in accordance with applicable codes and
ordinances.
5. ZONING REVERTS IF THE OWNERS DO NOT SATISFY
CONTINGENCIES. If the Owners fail to satisfy any of the requirements of this
document, then the subject property will automatically revert to the original
zoning of R -3T (Multi - Family High Density Residential, Mobile Home Individual
Overlay).
Owner's signature on the agreement shall be deemed written consent to rezone
upon failure to comply with conditions imposed in this agreement.
The development agreement may be modified only by permission of the City
Council after complying with the notice and hearing provisions of Section 6 -4 -3.
6. THIS DOCUMENT TO BE RECORDED. It is the intent of all parties that
this document be recorded with the Canyon County Recorder's office and that
should the subject property be conveyed to another, that such conveyance shall be
subject to this agreement.
DEVELOPMENT AGREEMENT
SPUDNIK - P.2
• • •
IN WITNESS WHEREOF, the parties hereto have executed this Development
Agreement the day and year first above written.
CITY OF CALDWELL, a Municipal
Corporation:
t
Era-
Mayor Richard H. Winder
ATTEST:
Betty Jo Keller
City Clerk
(2' L I
Perdonal Representative of
Spudnik Equipment Company Inc.
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Georg . Solis
DEVELOPMENT AGREEMENT
SPUDNIK - P.3