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Home My WebLink AboutORD 3449ORDINANCE NO.3449 BILL NO.55 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, ARTICLE 1, SECTION 10-01-02; CHAPTER 10, ARTICLE 3' SECTION 10-03-01; AND CHAPTER 11, ARTICLE l, SECTION ll-01-02 OF THE CALDWELL CITY CODE, PERTAINING TO THE DUTIES OF THE PLANNING AND ZONING COMMISSION AND DIRECTOR; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINAIYCES' RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. RECITAL OF FACTS AND LAW WHEREAS, the City of Caldwell, Idaho is a municipal corporation organized and operating under the laws of the State of ldaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Caldwell has the authority to adopt, establish aad amend a Zoning Ordinance; and WHEREAS, a city council, may solely exercise all of the powers requlred and authorized by Chapter 65, Title 67, Idaho Code; and WHEREAS, the Mayor and City Council have determined that good cause exists for amending Caldwell City Zoning and Subdivision ordinances to amend the duties of the commission and hearing examiner; and WHEREAS, the Mayor and City Council find it beneficial to reorganize and reformat some existing code ordinances in order to enhance clarity. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1 That Chapter 10, Article 1, Section 10-01-02, ofthe Caldwell City Code, is hereby amended as follows: 10-01-02: AUTHORITY Alr{D PURPOSE: (l) Authority: This chapter is adopted pursuant to authority granted by title 67, chapter 65 of the Idaho Code, and article 12, section 2 of the Idaho constitution, as amended or subsequently codified. (3) Duties of the Commission: For the oumose of this chanter-the commission shall have the foll owlns utiesd Ord. 3449 - Page I A. Initiate prooosed to this chaDter and conduct aporo oriate reviews of this complete chapter B.Review orooosed amendments to this chanter and make recommendations to the council C. Review planned unit develo DM ents that are oart of a preliminarY olat. oreliminarv olat reouests. comorehensive lan chan com he nsive olan mao chan a es - annexation andnesDTEs rezone requests and make recommendatio ns to the council. D. Grant sDecial use its and lanned u nit develooment reouests.when said planned unitD develooment reoues ts are not nart ofa Dre li mrnarv D lat- as soecified with such additional safesuards as will uo d the intent of this cha er. Pl anned unit develo DM nt reouests asnt oart of a oreliminarv olat reo uest are reviewed bv the commission in con iunction with the preliminary plat reouest and a recommendation to the Council is made bv commlsslon for planned unit develo lmrnarv D lat reo uest. E. Hear and decide aooeals where i t is allesed there is an error in anv order. reouirement. decision. intemretation or determination made b the Pl annins and Z Dionlns rector F.Grant such variances from the te TMS of this chapter that will not ct with the public interest, be materially detrimental to the oublic health. safetv or we lfare. or be iniurious to the property or improvements of adiacent propertv owners. G.Review annexation reouests and make recommendati ons to t}te council H.A hearine examiner ma beaooointed bv the Ciw Council. Purs t to Idaho Code 67- 6520. the hearins examiner shall have the same autho rirv as the Plannine and Zoning Commission to hear rresls for s cial use r)erTn its - variances- subdivisionne nlats- olanned unit develo DM ents and rezones. The heari aminer shall be a n anner en lneerng ex s architect. or other profe ssionallv trained oerson and shall have sign ificant exnerience in the field of olannins and zon tng The heann examlner ma v be dismissed bv ama ntv voteso of the City Council I.The Citv Council may el ect at anv time thev deem necessary. to sus oend the authoritv and duties of the Plannins and Zonins Commission or he ann s exarniner. or act in full authority and exercise all ofthe Dowers required and a orized bv Title 67. Idaho Code, Chapter 65 in olace of the Plannins and Zoni Commission or he anns examlner (4) Duties of the Plannins and Zoning Dircetor: The Council shall appoint a Plannine ar.d Zonins Di rec tor who shall be responsible for enforcins and administerins this chapter. The Plannins and Zonins Director may be provided with the assistance of such other oersons as the Council mav direct. For the purpose of this chapter Ord. 3449 - Page 2 . the Plannins and Zonins Director shall have t}e followine duties: A.Interpre t and administer this chaDter The Director shall have the authoritY to order, in writins. the remedv of anv condition found to be in violation of this chaoter or of anY Dermit aDproved under the orovisions of this chaoter.Anv oerson aesrieved bv a decision made by the Director in inte m retlna or enforc ter ma noeal such decision to Ci tvlngthis chan a Council. Such aooeal shall be heard followin s the oublic hearins requirements set forth in subsection 10-03-03(2) aflhis article B.Assist the public and advise interested Derso ns of ns nro vlsl ons C.Noti& the news media re sardine matters o f oublic interest. D.Aid aoolicants in the oreoaration and expedition of requi red aoolications E. Grant variance S. AS an administrative determination . of uo to twentY Derc ent (20%) from any numerical standard of the followine reouirement s: structure heiehl front yard setback, rear vard setback rnterior ard side setbac stree t side etback. lot size fron tasevardS requrrement.and./or oarkins soace. l. At least fifte ( 15) calendar davs orior to renderins a decision to grant or deny an tlve ation notice shall mailed to the a owners or Durchasers ofreco rd adioinins the sub ect DroDertv li and to ro 2.Within five (5)calendar da of the date o f decision the P lannins and Zoni ns Director shall mail ce o f the decision srantins or denvi ns the application to those previously notified of the oendins application. F. Assist the commission and Co uncil in carrvins out the provi sions ofthis chapter. Section 2. That Chapter 10, Article 3, Section l0-03-01, ofthe Caldwell City Code, is hereby amended as follows: this.€omeh@. eeureil rezene reguests afld make Ord. 3449 - Page 3 signifieaflt experiere L., ^ -^:^-:r-,,,^+- ^f +L- ar;+,,4^,,-^:l Section 3. That Chapter 10, Article 3, Section 10-03-02, ofthe Caldwell City Code, is hereby amended as follows: Ptenning and Zoning ies' e+thi+aie+e= (3) Netify the nervs media regardin€ matters ef publie interest' (4) AiC ^Fpl:eant- in the preparatien arC ex-editien ef required applieatiens, afl4erfa*in6-spa€e. o Ord. 3449 - Page 4 @ion Section 4. That Chapter 11, Article 1, Section I l-01-02, ofthe Caldwell City Code, is hereby amended as follows: l1-01-02: PURPOSE AND AUTHORITY: (2) The provisions of chapter l0 of this code, "Caldwell Supplemental Specifications To The Idaho Standards For Public Works Construction", city transportation master plan, "Idaho Standards For Public Works Construction", "city code" as defined herein, "Manual On Uniform Traffic Control Devices" (hereinafter referred to as MUTCD), and the .Caldwell Stormwater Management Manual", all as amended, revised and compiled and all subsequent adopted updates, shall be, and the same hereby are, adopted and incorporated by reference herein and apply to all subdivisions and/or planned unit developments in the city and in the city's area of impact' (Ord. 2811, t1-2-20O9) (3) Duties of the Commission: For the pumose of this chaDter-the comm ission shall have the duties as soecified in Chaoter 10. Article I, Section l0-01-02 of the Caldwell Citv Code. (4)Duties ofthe Plannins and Zonine Director: For the oumose of this chaoter. the director shall have the same duties as specifred in Chaoter 10. Article l. Section l0-01-02 of the Caldwell Ci tv Cod e Section 5. This ordinance shall be in full force and effect as of October l,2022, following its publication according to law. Section 6. This ordinance is hereby declared to be severable. lf any portion of this ordinance is declared invalid by a court of competent judsdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes ofthe ordinance before the declaration of partial invalidity. Section 7. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed, as of the effective date hereof. Ord. 3449 - Page 5 PASSED BY THE COLTNCIL OF THE CITY OF CALDWELL. IDAHO, thiS 156 dAY Of September,2022. APPROVED BY THt, MAYOR OF THE CITY OF CALDWELL, IDATIO, thiS I5'h dAY Of September. 2022. ATTEST: llf ar,or Jaro Debbie Geyer, City ClI ;$;fu:"1i.6,t1 ! nNrs ! :ai rp-: +il,'#',it$ Ord. 3{{9 Pagc 6 ORDINANCf,S OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO.3449 AN OR.DINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER IO' ARTICLE I' SECTION 10-0142; CHAPTER 10, ARTICLE 3, SECTTON l(}.()3-01; AND CHAPTER ll, ARTICLE I' SECTION ll- OI{2OF TIIE CALDWELL CITY CODE, PERTAINING TO THE DUTIES OF THE PLANNING AND ZONING COMMISSION AND DIRECTOR; PROVIDING FOR AN EFFECTM DATE; PROVIDINC FOR SEVERABILITY; AND REPEALTNC ALL ORDINANCES, RESOLUTIONS' ORDf,RS AND PARTS THEREOF' lN CONFLICT HERf,WITH. Sections I through 4: Amends Chapter 10, Article l, Section l0-01 -02; Chapter I0, Article 3, Section l0- 03-01; Chapter 10, Article 3, Section 10-03-02; and Chapter ll, Article l, Section l1-01-02 of the Caldwell City Code, by amending the duties ofthe Planning and Zoning Commission, duties ofthe Planning and Zoning Director; placing those duties in a new section ofthe Code, and clariffing the location ofthe duties throughout the Code. Sections 5 through 7: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3449 provides an effective date, which shall be on the I " day of October,2022. Ordinanc,e No. 3449 was passed by the Council and approved by the Mayor on the I 5s day of September, 2022- T}rc full text of the Ordinance is available at Caldwell City Hall, 4 I I Blaine Stree! Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the l5rh day of September, 2022, for publication on the 23d day of September, 2022, pursuant to ldaho Code $ 50-901A. Mayor Jarom Wagoner T:Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing that it provides a true and Ordinance No. 3449 and provi the public as to the contents of such DATED this I 56 day of September, 2022 Mark Hilty, Attorney for City of Caldwell plete summary of uate notice to A and believe