HomeMy WebLinkAboutApplicantAPPLICANT
ITEM
DATE
SUBMITTED BY
A-1 APPLICATION & RECEIPT
A-2 WRITTEN DESCRIPTION
A-3 SITE PLAN OR PLAT
A-4 VICINITY MAP
A-5 ASSESSOR'S MAP
A-6 ASSESSOR'S ROLL
A-7 TRAFFIC IMPACT STUDY
A-8 NEIGHBORHOOD MEETING FORM
A-9 CD - LEGAL DESCRIPTION (POCKET)
A-10 DEED
A-11 LANDSCAPING PLAN APPLICATION
A-12 LANDSCAPING PLAN
1:3§�M
I I�
A-14�j� �
Y
A-15 A2
-fi4
A-ifi 4,lxA",u
A-17
A-18
A-19
A-20
�� 0�(3 cble7k 9- I1-01,00
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2846
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
10, ARTICLE 2, SECTION 9 AND CHAPTER 10, ARTICLE 2, SECTION 10 OF THE
CALDWELL CITY CODE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND
PARTS THEREOF IN CONFLICT HEREWITH.
Section 1: Amends Chapter 10, Article 2, Section 9, regarding the city's home occupation ordinance, by
clarifying daycares and preschools shall comply with requirements as outlined in section 10-02-10 of city
code. Further amends same chapter, article and section by requiring planning and zoning department
inspections only for home occupations unless otherwise stated elsewhere in city code.
Section 2: Amends Chapter 10, Article 2, Section 10, regarding the city's daycare ordinance, by
specifying that state -licensed daycare facilities are subject to unscheduled, random inspections by either
the planning and zoning department or the fire department and clarifying that all city -required inspections
shall be passed for all daycares and preschools and all state -licensed daycare facilities shall pass all fire
inspections required by the state. Further amends same chapter, article and section by allowing a ninety -
day timeframe for background checks around the application submittal date rather than a thirty -day
timeframe and by allowing a two -week grace period on background check completion after issuance of
the daycare permit provided the application for a background check has been completed within the
ninety -day timeframe.
Section 3: Provides that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 4: Repeals conflicting ordinances, resolutions and orders.
Section 5: Provides for severability.
Ordinance No. 2846 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 25'h day of October 2010. Ordinance No. 2846 was passed by the Council and approved by the
Mayor on the 18`h day of October 2010. The full text of the Ordinance is available at Caldwell Planning
& Zoning Department, 621 Cleveland Boulevard, Caldwell, Idaho. The Mayor and City Council
approved the foregoing summary on the 181h day of October 2010 for publication on the 25'h day of
October 2010, pursuant to Idaho Code 50-901A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2846 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 18'h day of October 2010
Mark Hilty, Attorney for City of Caldwell
�1 -I (_0-
BILL NO.31
ORDINANCE NO.2846
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 9 OF THE CALDWELL CITY CODE
WHICH IS THE HOME OCCUPATION ORDINANCE; AMENDING CHAPTER 10, ARTICLE 2, SECTION 10
OF THE CALDWELL CITY CODE WHICH IS THE DAYCARE ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. Chapter 10, Article 2, Section 9, regarding the city's home occupation ordinance, shall be amended
as follows:
Section 10-02-09(4)F. Not more than one-fourth (1/4) of the gross area of the dwelling (excepting heme
daycares and preschools which shall
comply with requirements as outlined in section 10-02-10 of this chapter) shall be used for said home
occupation, with the following stipulations:
Section 10-02-09(4)N.
fife-depaft;eAt-An inspection_ conducted by the planning and zoning department shall be required to verify
compliance with requirements in chapter 10 of city code, and the applicant shall pass said inspections, prior to
issuance of a home occupation permit. All applicable codes must be met to obtain a home occupation permit.
Section 10-02-09(7): All home occupation permits, including those in existence prior to and upon the effective
date hereof, shall be subject to scheduled or unscheduled annual inspections for compliance and renewal by the
planning and zoning department and the fire depaPtMOR and permits shall be renewed subject to passing of all
inspections. Permits shall be compliant with all federal, state and city codes and regulations in place at the time
of inspection. Permits found to be noncompliance upon annual inspection shall not be renewed but shall be
revoked by the planning and zoning director or his/her authorized designee if compliance is not accomplished
within thirty (30) days of notification of noncompliance. The planning and zoning fee for the annual renewal of
home occupation permits, as well as any applicable inspection fees, shall be paid upon submittal of the renewal
application and shall be the amount set forth by city council through resolution.
Section 2. Chapter 10, Article 2, Section 10, regarding the city's daycare ordinance, shall be amended as
follows:
Section 10-02-10(2)Q: All daycare centers, family/group daycare homes and preschools, including those in
existence prior to and upon the effective date hereof, shall be subject to scheduled annual inspections for
renewal and unscheduled, random inspections for compliance with city code by the planning and zoning
department. . Permits shall be compliant with all applicable federal, state and city codes
and regulations in place at the time of inspections. Permits found to be noncompliant upon annual inspection
shall not be renewed until such time that compliance has been accomplished and inspections have been
approved. Permits found to be noncompliant
upon random inspections shall be revoked immediately and shall not be reinstated until all applicable federal,
state and city codes have been met. All state -licensed daycare facilities are subject to unscheduled, random
inspections by either the planning and zoning department or the fire department.
Section 10-02-10(3)B. An ilndividual city department inspections scheduled and conducted by the planning and
zoning department shall be required after submittal of the application. The applicant
shall pass all city -required inspections and all state -licensed daycare facilities shall pass fire inspections
reauired by the state, prior to issuance of a daycare permit. All applicable city and state codes must be met to
obtain a daycare permit.
Section 10-02-10(3)C. Prior to issuance of a -the first and original daycare permit, owners and operators, as well
as employees who have direct contact with children, all individuals thirteen (13) years of age or older who have
Bill No. (daycare ordinance amendment) Page 1 of 3 h-16
'
unsupervised direct contact with children or are regularly on the premises or reside in the home of all daycare
centers, family/group daycare homes and preschools or are considered a caregiver as defined herein, shall
either obtain and pass a complete fingerprinted criminal history check as performed by the department of health
and welfare or shall have applied_ for a complete fingerprinted criminal history check as performed by the
department of health and welfare and, in which case, shall be passed within two weeks of the date of issuance
of the daycare vermit. The criminal history check shall be performed within thirty (30) ninety (90) days of the
submittal date of the daycare permit application. In the event anyone required to have the completed
fingerprinted criminal history check has had a complete fingerprinted criminal history check in the past, said past
check is not valid for purposes of the daycare permit application unless said past check was performed within
thirty (30) ninety (90) days of the submittal date of the daycare permit application. Said criminal history check
includes the following:
1. Statewide criminal identification bureau;
2. Federal bureau of investigation (FBI) criminal history;
3. National crime information center; and
4. Statewide child abuse registry.
5. Criminal history checks on those persons under eighteen (18) years of age shall include a check of
the juvenile justice records of adjudications of the magistrate division of the district court, county
probation services and department of health and welfare records as authorized by the minor and his/her
parent or guardian.
Section 10-02-10(4)A. The planning and zoning department shall send a renewal application to the
owner/operator of the daycare center, family/group daycare home or preschool no later than ninety (90) days
prior to the expiration of the existing permit. The ownerloperator shall submit to the planning and zoning
department the renewal application, with any required attachments as outlined in said renewal application, as
well as the renewal fee and inspection fees prior to the expiration of the
existing permit. A complete criminal history check, as performed by the department of health and welfare, shall
be provided and passed for any new persons requiring a criminal history check in accordance with subsection
(3)C of this section. This means that if, at the date of submittal of the renewal application, there are any
individuals residing in the home who are over thirteen (13) years of age and/or any helpers, employees or
caregivers who did not complete and pass a complete criminal history check for the city when the original
application was submitted, then those individuals will have to complete and pass a complete criminal history
background check within thirty (30)-nine 90 days of the date of submittal of the renewal application or
r within two 2 weeks of the date of issuance of the renewed
daycare permit. In the case of new helpers, employees or caregivers hired throughout the year, said individuals
shall have completed and passed a complete criminal -history background within two (2) weeks of the first day of
employment and the city shall receive said information. For those individuals who did complete and pass a
complete criminal history check for the city at the time of original application, a limited background check, as
performed by the state police department, shall be completed and passed within thirty (30) days of the date of
submittal of the renewal application.
Section 10-02-10(4)B. Upon receipt of the renewal application, all attachments and fees, approved inspections
and passage of criminal history check and/or limited criminal history checks, the planning and zoning
department shall, upon a finding of compliance with the minimum standards set forth in section, issue a daycare
permit to the applicant. The permit shall be valid for one year and shall be posted in a conspicuous place at the
premises. Renewal applications must be submitted prior to the expiration date of the existing permit to avoid
expiration. Once submitted, the applicant has thirty (30) days from the date of submittal to complete and pass all
required inspections and baGkgreund GheGk6,, even if this thirty (30) days goes beyond the expiration date of the
existing permit. Failure to accomplish said inspections aAd baGkgF9wnd GheGks within the thirty (30) day time
frame from date of submittal, however, shall then result in expiration of the daycare permit. Additionally, failure
to, at a minimum, apply for all required background checks within thirty (30) days of the date of submittal shall
result in an expired daycare permit. If background checks have been applied for within the required timeframe
and all other requirements have been met and thus the renewed daycare permit is issued individuals have two
weeks from the date of issuance of the renewed daycare permit to pass all reauired background checks. In the
Bill No. (daycare ordinance amendment) Page 2 of 3
Z
event the daycare permit expires. aA new daycare permit application shall then be submitted along with fees
pertaining to a new application and new inspections.
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Section 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be
read to carry out the purposes of the ordinance before the declaration of partial invalidity.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO.
this day of , 2010.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this day of 2010.
Garret Nancolas, Mayor
ir.11*11,1
Debbie Geyer, City Clerk
Bill No. (daycare ordinance amendment) Page 3 of 3
Anne Marie. Skinner
From: Debbie Geyer
Sent: Monday, August 23, 2010 1:43 PM
To: Anne Marie. Skinner
Subject: RE: bill and ordinance numbersq
Anne Marie:
Could you please let me know the date when this application was withdrawn? Thanks!
Application Withdrawn:
(ANN-179-10— Barney Annexation)
2845
30
Sign, Fence, Landscape Ordinance Amendments concerning
Vision Triangle
P&Z
2846
31
Daycare Ordinance Amendment concerning fire inspections
P&Z
�Arm
Caldwell City Clerk
411 Blaine Street
Caldwell, ID 83605
(208) 455-4656
FAX: (208) 455-3003
From: Anne Marie. Skinner
Sent: Monday, August 23, 2010 12:41 PM
To: Debbie Geyer
Subject: bill and ordinance numbersq
Debbie,
I please need a bill and ordinance number for the following 2 ordinance amendments:
1. Sign, Fence, Landscape Ordinance Amendments concerning Vision Triangle
2. Daycare Ordinance Amendment concerning fire inspections
Thank you,
Anne Marie Skinner
Senior Planner/Development Team Leader
r
BILL NO.31
ORDINANCE NO. 2846
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 9 OF THE CALDWELL CITY CODE
WHICH IS THE HOME OCCUPATION ORDINANCE; AMENDING CHAPTER 10, ARTICLE 2, SECTION 10
OF THE CALDWELL CITY CODE WHICH IS THE DAYCARE ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho:
Section 1. Chapter 10, Article 2, Section 9, regarding the city's home occupation ordinance, shall be amended
as follows:
Section 10-02-09(4)F. Not more than one-fourth (1/4) of the gross area of the dwelling (excepting hem
d_aycares _and preschools which shall
comply with re uirements as outlined in section 10-02-10 of this cha ter) shall be used for said home
occupation, with the following stipulations:
Section 10-02-09(4)N. individual depaFtment iF;spA_n_t*n_ns r__n_nd_i_,Gted by the planning and zoning depaFtment and
fire depwtmerA-An inspection conducted by the planning and zoning department shall be required to verify
compliance with requirements in chapter 10 of city code, and the applicant shall pass said inspections, prior to
issuance of a home occupation permit. All applicable codes must be met to obtain a home occupation permit.
Section 10-02-09(7): All home occupation permits, including those in existence prior to and upon the effective
date hereof, shall be subject to scheduled or unscheduled annual inspections for compliance and renewal by the
planning and zoning department and permits shall be renewed subject to passing of all
inspections. Permits shall be compliant with all federal, state and city codes and regulations in place at the time
of inspection. Permits found to be noncompliance upon annual inspection shall not be renewed but shall be
revoked by the planning and zoning director or his/her authorized designee if compliance is not accomplished
within thirty (30) days of notification of noncompliance. The planning and zoning fee for the annual renewal of
horse occupation permits, as well as any applicable inspection fees, shall be paid upon submittal of the renewal
application and shall be the amount set forth by city council through resolution.
Section 2. Chapter 10, Article 2, Section 10, regarding the city's daycare ordinance, shall be amended as
follows:
Section 10-02-10(2)Q: All daycare centers, family/group daycare homes and preschools, including those in
existence prior to and upon the effective date hereof, shall be subject to scheduled annual inspections for
renewal and unscheduled, random inspections for compliance to city code by the planning and zoning
department. . Permits shall be compliant with all applicable federal, state and city codes
and regulations in place at the time of inspections. Permits found to be noncompliant upon annual inspection
shall not be renewed until such time that compliance has been accomplished and inspections have been
approved. . Permits found to be noncompliant
upon random inspections shall be revoked immediately and shall not be reinstated until all applicable federal,
state and city codes have been met. All state -licensed daycare facilities are subject_ to unscheduled, random
inspections by either the planning and zoning department or the fire department.
Section 10-02-10(3)B. An ilndividual city department inspections scheduled and conducted by the planning and
zoning department shall be required after submittal of the application. The applicant
shall pass all city -required __ inspections, and all state -licensed daycare facilities shall pass fire inspections
required by the state, prior to issuance of a daycare permit. All applicable city and state codes must be met to
obtain a daycare permit.
Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and publication,
according to law.
Bill No. (daycare ordinance amendment) Page 1 of 2
APPLICATION FOR ORDINANCE AMENDMENT
City of Caldwell Planning and Zoning Department
621 E. Cleveland Blvd., Caldwell, ID 83605
Phone: (208) 455-3021
APPLICANT: TM
��' M��Mly,.
ADDRESS, CITY, STATE, ZIP:
* APPLICANT EMAIL: _
(" Requested so we may email the
ATTACHMENT:
Copy of the proposed ordinance amendment
I understand this application will not be considered complete (nor will a hearing date be scheduled) until
all required information has been submitted and verified for due process consideration. All the
information, statements, attachments, and exhibits transmitted with this application are true to the best of
my knowledge.
SIGNATURE - DATE
OR OFFI E ONLY
FEES: $ Dale Received eceived by: Verification of Completeness B Dal
Page I �If I Revised 4/03