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HomeMy WebLinkAbout2-10-1998 P&Z MINUTES . • . — - t COMMUNITY DEVELOPMEfVT DEPART9V1E�1T , � � . ' �'�� �� ����9� 621 CLEVELAND BLVD. � CALDWELL, ID 83605 LINDAJAMES TELEPHONE 455-3021 Communiry Development Director FAX 455-3003 CALDWELL PLANNING AND ZONII�TG COVID'IISSION 1VIIN OF FEBRUARY 10, 1998 I. Call to Order - Chairman Bill Roos called the meeting to order at approximateIy 7:00 p.m. II. Roll Call Members Present: Ray McLaughlin, Charles Murphy, Reed Taylor, Chairman Roos Members Absent: Mark Hess Staff Present: Linda James, Charma Comer III. Swearing in of Members — Mayor Nancolas was in attendance to conduct the sweazing in of the Pianning and Zoning Commission members. He thanked them for accepting the responsibilities as Commission members and made note of how important their service is to the community.. IV. Elections of Officers — Following nominations for offcers of the Commission, Bill Roos was elected Chairman, Chazles Murphy was elected Vice Chairman, and Reed Taylor was elected Secretary. V. Review of Proceedings - Chairman Roos reviewed the procedures for public hearings. VI. Poll Members for Conflict of Interest - Chairman Roos polled members for any conflicts of interest; there were none. , VII. Old Business — No old business was brought before the members. � VII. New Business - Public Hearing I A. Case No. HOL-01-98 - A request by the Caldwell Planning and Zoning Commission to consider placing a hold on accepting new applications for mobile home park development until the 1977 ordinance regarding mobile home park development can be reviewed and revised. Linda James presented the staff report and noted for the record that the consideration before members did not involve any mobile home pazks that had akeady received approval or were in the hearing process. Thelma Carpenter, Don Lane, Terry McHue, and Sonia Huyck spoke in favor of the moratorium, stating that the 1977 ordinance was confusing to everyone concerned; there aze enough undeveloped lots that should satisfy any needs during the period of the moratorium; it is unfair to the developer and the public to process applicarions during the same time as the ordinance is undergoing review and revision. Michael McEvoy spoke as neutral but did express his concern with the potential of the City moving toward eliminating mobile home pazk development within the community. Richazd Harris, City Attorney, noted that the Commission is conducting this public hearing under the criteria of Ida.ho Code, Chapter 65, Local Planning Act, Section 67-6524, Interim Ordinances and Moratoriums. The Ciiy Council, at a special meeting held January 22, 1998, requested the Planning and Zoning Commission to make a recommendation as to the course of action to take. The Planning and Zoning Commission under the 1 � Idaho Code criteria must find that "imminent peril" exists. Mr. Harris defined "imminent" as something that is immediate or about to happen and "peril" as something that could have an adverse impact on the health, safety, and welfare of the community. He noted that the courts construe these terms very broadly when considering affects to a community, and that the Commission has to determine whether or not the standards of the 1977 ordinance adversely impact such things as property values, schools, traffic management, density. Such adverse impacts can be ried back to health , safety, and welfare of a community. Findings of Fact - Motion: Commissioner Murphy. . Second: Commissioner Taylor. The General Facts as found in Section II of this report aze adopted by reference as a part of the Findings of Fact. Imminent peril is defined to mean something that is immediate or about to happen and that would have an adverse affect to a community. The Planning and Zoning Commission finds that imminent peril exists and would have an adverse impact on traffic, and water/sewer systems, and provides a threat to the health, safety, and welfaze of the community In a standazd residential subdivision, where the lots are sold and not rented, the roads, sewer and water systems are dedicated to the City for maintenance and upgrading. It is not the City's policy and it is not the requirements of the 1977 ordinance to dedicate infrastructure systems to the City as public systems within a mobile home pazk. A mobile home pazk is in the business of renting space to people for placing of their respective homes. A park, as a business, is susceptible to bankruptcy, which places the home owners who rent spaces within the park in the position of having no assurances that the pazk's infrasmzcture systems, as well as common recreational areas, street lighting, sidewalks, and common storage azeas will always be talcen care of. The goal of the Housing Component of the Comprehensive Plan states "To provide a diversity of , quality housing types throughout the community and in locarions suitable for residential development that will serve the needs of all citizens and income groups." The need to provide quality housing is not an issue because manufactured homes have been upgraded dramatically in the last 20 years. The 1977 mobile home park requirements and standards have not been upgraded and do not provide assurances that the park will continue to provide a quality community that supports quality homes. With no assurances that a pazk will be continuously maintained, the people living in their respective homes within the park face the potential for devaluarion of their home. The City has an obligation to the community and to persons residing within mobile home parks to ensure that basic minimum standazds are met when a home is placed on rental property. Manufactured homes are not longer considered to be "mobile." The terminology of the 1977 ordinance is confusing in that it infers that the homes going into a park come-and-go on a regular basis; the majority of homes being placed in a pazk today remain where they're first placed. The density of 8 homes per gross acre set forth in the 1977 ordinance is not in compliance with the Comprehensive Plan. The Zoning Ordinance has not been revised to reflect the Plan's goals and policies. Mobile home park applications that come before the Planning and Zoning Commission, under the 1977 standards, have to be conditioned rather significantly because of the outdated ordinance. The need to apply significant conditions on a development to bring it into compliance with the Comprehensive plan indicates that there is a problem with the standards of the 1977 ordinance. Passed: Unanimously. Conclusions of Law — Motion: Commissioner Murphy. Second: Comrnissioner McLaughlin. The hearing was properly noticed and applicable legal standards have been met. The Planning and Zoning Commission has the authority to hear the request and to make a recommendation to the City Council. Idaho Code, Section 67-6524 provides that where an imminent peril exists that would threaten the health, safety, and welfaze of a community, a moratorium on selected classes of permits authorized under the Local Planning Act may be implemented. Passed: Unanimously. Recommendation — Motion: Commissioner Murphy. Second: Commissioner Taylor. The Planning and Zoning Commission, by unanimous vote, recommend to the Mayor and City Council that a 180-day moratorium on accepting any new applications for special use permits to develop mobile home parks, in order to review and amend accordingly Article 5, Mobile Home Park Development Standards and Procedures, Chapter 10, Zoning Ordinance No. 1451, be approved. Passed: Unanimously. , - � VIII. Adjournment - The meeting was adjoumed at approximately 8:30 p.m. APPROVED THIS t Z� DAY OF FEBRUARY, 1998 � �~ 3 /� � � ;_ �, - Chairriian Roos