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BILL NO.3
ORDINANCE NO.2924
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 3, SECTION 7 OF THE CALDWELL CITY CODE,
WHICH IS THE PLANNED UNIT DEVELOPMENT ORDINANCE, AND ALSO AMENDING CHAPTER 11 OF
THE CALDWELL CITY CODE WHICH IS THE SUBDIVISION 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. That Chapter 10, Article 3, Section 7 of the Caldwell City Code shall be amended as follows:
Section 10-03-07(3) C. Percentage: No more than thirty percent (30%) of the total net area (net area meaning
the gross acreage less all acreage utilized for public, right-of-way dedication and public streets) area of the
planned unit development shall be devoted to a use or uses not permitted or specially permitted in the
underlying zoning classification.- except that where any gortion of the subject property has in underlying zoning
classification of R-1. R-2, R-3, R-S-1, andlor R-S-2 or any combination thereof andlor any residential use
regardless of the zoning classification no industrial uses shall be allowed as part of the olanned unit
development.
Section 2. That Chapter 11 of the Caldwell City Code shall be amended as follows:
Section 11-01-03(1)A. Subdivision: The subdivision of a tract of land into more than G% four lots, parcels or
sites for transfer of ownership or development, whether immediate or future. Any subdivision of said tract shall
require the filing and recordation of a final plat in accordance with the provisions of this chapter.
Section 11-01-03(1)E. 5. Sim le Lot S lits: Any original lotparcel, or site that is divided into four or fewer lots
parcels, or sites for transfer of ownership or development, whether immediate or future. An original lot arcel or
site is defined as one that was in existence in its current configuration as of March 18. 2013 and one that is not
a Platted lot in a subdivision that was platted an1dime after December 31 2000. Additionally, all resulting lots or
arcels shall meet all al2l2licable zoning, lot size lot density, and setback re uirements. The followin
procedures shall be followed for a simple lot split:
A The apglicable agplication shall be obtained from the planning and zoning department and
submitted for processing along with all required attachments as stated on said application and the apRlicable fee
as adopted by council through resolution.
(B) Tentative approval needs to be issued by the planning and zoning department before the application
process can go any further. All portions of Chapter 10 will be considered for tentative approval, including lot
sizes and dimensions, lot density, land use, and setback requirements.
(C) Upon tentative approval of the application by the planning and zoning department, the following
tasks shall be completed within four (4) months of said tentative approval or said approval shall become null and
void:
i. Cause the property to be boundary surveyed.
ii. Submit a_copy_of the boundary survey map and all resulting legal descriptions to the planning
and zoning department for review by said department, in consultation with the engineering department, to
ensure com liance with the tentative al2Rroval, prior to recordation of either the surveyma . or the new deeds.
iii.._Upon receiving_ final approval from the planning and zoning department, have the retard of
survey recorded and execute and record the necessary deeds to accomplish the simple lot split as approved by
the planning and zoning department.
Ord. No. 2924 (PUD and Subdivision Ordinance 2013 modifications) Page 1 of 2 ] v
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iv. Provide copies of the recorded record of survey and recorded deeds to the planning and
zoning department. Upon receipt of said documents —the and zoning department will issue a zoning
- y accompany c�liance_letter _for each result_ing lot or parcel. Zoning compliance letters should always accom any building
permit applications as proof that the lot or parcel is buildable.
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 in effect from and alter its passage, approval and publication,
according to law.
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 , 2013
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, 1DAHO,
this day of , 2013.
Garret Nancolas, Mayor
ATTEST:
Debbie Geyer, City Cleric
Ord. No. 2924 (PUD and Subdivision Ordinance 2013 modifications) Page 2 of 2
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BILL NO.3
ORDINANCE NO. 2924
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 3, SECTION 7 OF THE CALDWELL CITY CODE,
WHICH IS THE PLANNED UNIT DEVELOPMENT ORDINANCE, AND ALSO AMENDING CHAPTER 11 OF
THE CALDWELL CITY CODE WHICH IS THE SUBDIVISION 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. That Chapter 10, Article 3, Section 7 of the Caldwell City Code shall be amended as follows:
Section 10-03-07(3) C. Percentage: No more than thirty percent (30%) of the total net (net area meaning the
-gross acreage less all acreage utilized for public right-of-way dedication and public streets) area of the planned
unit development shall be devoted to a use or uses not permitted or specially permitted in the underlying zoning
classification- exce t that where any portion of the sub'ect property has an underlying zoning classification of R-
1. R-2, R-3. R-S-1. and/or_R-S-2 or any combination thereof, no industrial uses shall be allowed as part of the
planned unit development, without exception. Industrial uses, either permitted outright or allowed with special
use permit approval, shall only tie_ allowed in applicable zones as noted in Table 1. Land Use Schedule, found in
Section 10-02-02.
Section 2. That Chapter 11 of the Caldwell City Code shall be amended as follows:
Section 11-01-03(1)A. Subdivision: The subdivision of a tract of land into more than one four lots, parcels or
sites for transfer of ownership or development, whether immediate or future. Any subdivision of said tract shall
require the filing and recordation of a final plat in accordance with the provisions of this chapter.
Section 11-01-03(1)E. 5_Simple Lot Splits: Any lot, parcel, or site that is divided into four or fewer lots, parcels,
or sites for transfer of ownership or development. whether immediate or future. The following „procedures shall
be followed for a simple lot split:
A The applicable application shall be obtained from the Manning and zoning department and
submitted for processing along with all required attachments as stated on said application and the applicable fee
as adopted by council through resolution.
B Tentative approval needs to be issued by the Planning and zoning department before the application
rocess can Ago any -further. All portions of Cha ter 10 will be considered for tentative approval, including lot
sizes and dimensions, lot density, land use, and setback requirements.
C Upon tentative approval of the application by the planning and zoning de artment the -following
tasks shall be completed within four (4) months of said tentative approval or said approval shall become null and
void:
i. Cause the property to be boundary surveyed.
ii. Submit a copy of the boundary survey map and all resulting legal descriptions to the planning
and zoning department for review by said _department, in consultation with the engineering department. to
ensure compliance with the tentative_ aoproval._prior to recordation of either the survey map or the new deeds.
iii. Upon receiving final approval from the planning and zoning department, have the record of
survey recorded and execute and record the -necessary deeds to accomplish the simple lot split as approved by
the planning and zoning department.
iv. Provide copies of the recorded record of survey and recorded deeds to the planning and
zoning department. Upon receipt of said documents, the planning and zonina department will issue a zoning
Ord. No. 2924 (PUD and Subdivision Ordinance 2013 modifications) Page 1 of 2
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compliance letter for each resulting lot or parcel. Zoning compliance letters should always accompany building
permit applications as proof that the lot or parcel is buildable.
(D) All lots, parcels and sites shall be limited to one simple lot split application. Should any lots, parcels
and/or sites that occur as the result of a sim le lots lit a lication have cause or desire for furthersplits, said
furthersplits shall be accomplished through the subdivision 0-latting Process.
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 in effect from and after its passage, approval and publication,
according to law.
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 , 2013
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO,
this day of 12013.
Garret Nancolas, Mayor
ATTEST:
Debbie Geyer, City Clerk
Ord. No. 2924 (PUD and Subdivision Ordinance 2013 modifications) Page 2 of 2
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APPLICATION FOR ORDINANCE AMENDMENT
City of Caldwell Planning and Zoning Department
621 E. Cleveland Blvd., Caldwell, ID 83605
Phone: (208) 455-3021
APPLICANT. PHONE:
ADDRESS, CITY, STATE, ZIP:
* APPLICANT EMAIL:
(` Requested so we may email the applicant our Staff Report)
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
FOR OFFICE USE ONLY
FEES: $� _. Date Received: Received by:. _ Verification of Completeness By: Dater
Pent I of I RrvkrA I/nR