HomeMy WebLinkAboutORD 3522 RecordedORDINANCE NO.3522
BILL NO.38
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 10, ARTICLE 3, SECTION 10-03-12, CALDWELL CITY CODE,
PERTAINING TO THE SECTION TITLE; PERTAINING TO NEIGHBORHOOD
MEETINGS; AND ADDING LANGUAGE PERTAINING TO THE PUBLIC HEARING
PROCESS; 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 10-03-12, of the Caldwell City Code, is
hereby amended as follows:
1111 1041 `! M [IM ! •r i 3 _ Dit] UWM: 9Y a Qrrc.il iifT
A. O}Neighborhood Meetings:
Applicants shall conduct a neighborhood meeting for any of the following applications;
special use permits, variances, annexations, planned unit developments, preliminary plats,
appeals, comprehensive plan map amendments, and rezones.
1. W It shall be the sole duty of the applicant to provide written notice of a neighborhood
meeting to all property owners or purchasers of record owning property within three five
hundred feet (3500') of the exterior boundary of the subject property; except that in the
case of variance applications only, written notice of a neighborhood meeting only needs
to be provided to property owners immediately adjacent to the subject property.
2. Notice of a neighborhood meeting shall be in addition to, and not combined with notices
already required by this chapter, and shall include the date, time, location and purpose of
the meeting.
3. (-3) The purpose of the neighborhood meeting shall be to review the proposed project and
discuss neighborhood concerns, if any. The applicant/developer shall provide and
discuss the development plan, 12roposed land uses densities and features of the ro osed
development. The applicant shall also communicate the timingalogistics of the
project. 4. (
4) The meeting shall not be on a holiday, a holiday weekend, or the day before a holiday or
holiday weekend. 5. (-
S) The meeting shall be held at one of the following locations: a.
A-. On the subject property; Ord.
3522 — Page 1
b. & At a nearby available public meeting place including, but not limited to, a fire
station, library, school, or community center; or
c. E An office space with suitable meeting facilities if such facilities are within a one -
mile radius of the nearest public meeting place.
6. (6) The neighborhood meeting shall be conducted prior to the application being accepted
by the Planning and Zoning Department.
a. A- The subject application(s) shall be submitted within twe-(2) four 4 months
following the neighborhood meeting.
b. l- Notices of the neighborhood meeting shall be placed in the mail at least ten(W)
fifteen (151days prior to the date of the neighborhood meeting.
7. (-7) The neighborhood meeting formes shall be obtained from the planning and zoning
department and shall be completed and submitted to the planning and zoning department
along with the application submittal.
B. Mailing and Publishing of Public Hearing Notices:
In accordance with Idaho Code and this chapter, the following public notices shall be
required based on the type of land use application below.
1. Required notices for comprehensive plan, zoning ordinance, and subdivision ordinance
text enactments, amendments, and repeals.
a. Published notice. At least fifteen (15) days prior to the hearing, notice of the time and
lace and summa of the proposed amendment request or al2l2lication to be
discussed shall be published in the official newspaper or paper of general circulation
within the jurisdiction. The commission notice shall also make be made available a
notice to other papers, radio and television stations serving the jurisdiction for use as
a public service announcement.
b. Public agency notifications. Notice shall be sent to all political subdivisions providing
services within the planning jurisdiction, including school districts, at least fifteen
15) days prior to the public hearing_
2. Required notices for annexations, comprehensive plan land use map amendments, zoning
ordinance map amendments, development agreements, special use permits, variances,
planned unit developments, and subdivision plats.
Published notice. At least fifteen 15 days prior to the hearing, notice of the time and
place and summary of the proposed amendment, request or application to be
discussed shall be published in the official newspaper or paper of general circulation
within the jurisdiction. The commission notice shall also make be made available a
notice to other papers, radio and television stations serving the jurisdiction for use as
a public service announcement.
Ord. 3522 — Page 2
b. Public agency notifications. Notice shall be sent to all political subdivisions providin
services within the planning jurisdiction including school districts at least fifteen
15 days prior to the public hearing.
c. Radius notices. Notice shall be -provided by mail to property owners or purchasers of
record within the land being considered, *r,,.,a,ard-fe 3004 five hundred feet
500')beyond the external boundaries of the land being considered, and anX
additional area that may be impacted by the proposed application as determined by
the planning and zoninp, director. For variance applications, only adjacent(including
across streets and alleys) residents and property owners need be notified.
d. Mass notification procedure. When notice is _required to be given to two hundred
200) or more property owners or purchasers of record, an alternative form of
procedure of official notice of the public hearing for both the commission and council
shall be that the public hearing notice shall be published in the official newspaper or
newspaper of general circulation in the area two.(2) consecutive times. Sufficient
notice shall be deemed to have been provided if the city providesprovides notice through a
display advertisement at least four (4) inches by two (2) columns in size in the official
newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to
site posting on all extemal boundaries of the site.
C. Physical Site Posting of Public Hearing Notices.
1. Not less than fifteen (15) days prior to the hearing, the applicant shall post a copy of the
public hearing notice of the application on the property under consideration. Except as
noted herein, posting of the property must be in substantial compliance with the
following requirements:
a. Properties or Land Less Than Two Q) Acres in Size. The applicant shall post a sign
consisting of one (1) 18-inch by 24-inch bright colored, laminated paper, or other
similar material mounted to a rigid surface of equal size and attached to metal or
wood support posts. Notices shall specify the name of the applicant, a statement
conceming the proposed development, and the date, time and location of the public
hearing.
b. Pro erties or Land Two Acres or More in Size. The applicant shall post a 4' x 4' sign
consisting of plywood or other hard surface mounted on two (2) 4"x4" posts.
Centered at the top of the four foot by four foot (4' x 4') sign board(s) in six inch (6")
letters shall be the words "Caldwell Public Hearing Notice" and the date of the
hearing. In addition, each sign shall include the name of the applicant, the proposed
development, the date, time, place of the public hearing, the nature of the hearing, and
a summary of the proposal to be considered. Each sign shall be painted white and the
letters shall be painted black and shall appear on both sides. An example of this sign
is listed below:
Ord. 3522 — Page 3
CALDWELL PUBLIC
HEARING NOTICE
JANUARY 1, 2ID23
Planning and Zoning Commission
7:00 pm —Caldwell PD Com m unity Room
110 South Fifth)
Annex and preliminary plat —your name
subdivision - ior288-unit mu1ti4Anrdydeve1opment
with a proposed R-3 High Density Residential
zoning.
APPLICATIONBY: Theappicantname(s)
Contact the City at 208-455-3021
Size = six inch (6') letters
Size = two inch (2') letters
Size = one inch (1.5')
Size = two inch (2') letters
c. The Director may require larger sized posting(s) or multiple notice(s) for applications
that, in the reasonable discretion of the Director, could result in significant adverse
traffic, environmental, aesthetic, noise, pollution, or population density impacts.
Additionally, the Director may require larger sized posting(s) or multiple notice(s) if,
in the reasonable discretion of the Director, the specific circumstances of the site and
the proposed development create a risk that the notice as provided will be insufficient
to alert the aeneral public and adiacent owners to the proposed development.
d. Sign placement & quantity:
1) The notice(s) shall be posted_mMendicularly along each roadway, excluding
Interstate 84, adiacent to the subiect property boundaries. The base of the notice
shall be at least three feet above the around.
2) If the property has roadway, frontage of 1,000 feet or more, a notice shall be
placed at each end of the property roadway frontage.
3) Notice(s) shall be located on the property, with the notice oriented to oncoming
traffic, outside of the public right-of-way.
4) If the sign cannot be placed on the property and still be clearly visible, the sign
may be placed within the right-of-way if consent of the owner of the right-of-way
can be obtained.
5) In circumstances where placing signs per the standards listed herein is not
practical, the director may identify an alternative sign placement strategy.
e. Proof o,Lposting. A notarized statement, map depicting the locations, of the sign(s)
and a photograph of the posting shall be provided to the city no later than ten (10)
days prior to the public hearing attesting to where and when the signs were posted.
Ord. 3522 — Page 4
Failure to provide proof of posting by such date may result in the hearing being
continued or delayed until the 12roof of Rosting has been satisfied.
f. Sian removal. The signs shall be removed no later than three (3) days after the public
hearing for which the sign had been posted is ended.
D. Public Hearings:
On every land use action for which notice is provided below, both the Planning and Zoning
Commission and the City Council shall hold a public hearing in which interested persons
shall have an opportunity to be heard.
Following the commission hearing if the „commission recommends a material change to the
proposed amendment/action which was considered at the hearing, it shall give notice of its
1roposed recommendation and conduct another public hearing concerning the matter if the
council will not conduct a subsequent public hearing concerning the proposed amendment. If
the council will conduct a subsequent public hearing, notice of the commission's
recommendation shall be included in the notice of public hearing provided by the council.
1. Twes ofPublic Hearin
a. Laislative. Legislative hearings include hearings on amendments to, or enactments
of any ordinance. They also include revisions or amendments to the City of Caldwell
Comprehensive Plan, or applications to establish a new zoning or overlay district. In
legislative hearings, the record is not limited to the record developed by the review
body. Any and all new evidence may be received by Council during a legislative
hearing regardless of whether the evidence was introduced in prior procedural steps.
b. Quasi Judicial. Quasi-judicial hearings are hearings in which the review bodies are
making decisions on the application of policy to a specific development application.
2. Decisions. The decision body shall approve, approve with conditions, approve with
modifications, or deny an application based upon the applicable standards and criteria in
this Code and the City of Caldwell Comprehensive Plan. Whenever a governing board or
zoning or planning and zoning commission grants or denies an gpi2lication, it shall
specify: cif
a. The ordinance and standards used in evaluatingthehe application;
b. The reasons for approval or denial, and
c. The actions, if any, that the applicant could take to obtain approval.
3. Decision Criteria. A decision body authorized to act under this Code shall base a
decision on the followinp, criteria and any specific criteria indicated elsewhere in this
chapter for the specific type of application.
a. The approval is consistent with the goals, policies, and intent of the adopted
Comprehensive Plan; and
b. The approval is consistent with the general purpose of this Code stated in Section 10-
01-02 (2) and 11-01-02 (1).
Ord. 3522 — Page 5
4. Conditions. A decision body authorized to act under this Code may impose conditions as
needed to ensure that the approval is consistent with the adopted Comprehensive Plan
and this Code.
5, Hearing Records. A record of the hearings, findings made, and actions taken by the
commission and/or city council shall be maintained by the city.
6. Notice ofDecisions: The approval or denial of any application required or authorized
pursuant to Title 67, Chapter 65, Idaho Code, shall be in writing and accompanied by a
reasoned statement. A reasoned statement explains the criteria and standards considered
relevant, states the relevant contested facts relied upon, and explains_ the rationale for the
decision based on the applicable provisions of the comprehensive plan, relevant
ordinance and statutory Rrovisions, pertinent constitutional principles and factual
information contained in the record. Every final decision rendered shall provide or be
accompanied by notice to the a licant regarding the a licant's right to reguest a regulatory
taking_ analysis pursuant to section 67-8003, Idaho Code. An applicant denied an
application or aggrieved by a final decision concerning matters identified in section 67-
652 1 (1)(a), Idaho Code, may within twenty-eight (28) days after all remedies have been
exhausted under local ordinance seek judicial review under the procedures provided by
Title 67, Chapter 52, Idaho Code. 7.
Reg nest Lor Reconsideration by Affected Persons. On any application brought before the city
council affecting the use, occupancy or development of real property, including, but not
limited to, those matters governed by the Idaho Local Land Use Planning Act, found at
Idaho Code section 67-6501 et seq., or the Caldwell Zoning Ordinance, found in this title,
a party may request that the city council reconsider a decision pursuant to the terms of
this section. Decisions and recommendations of the planning and zoning commission are
not subiect to reconsideration but may be appealed to the city council as provided in this
title. Except
that, decisions on annexations, being legislative decisions, do not qualify for reconsideration,
and requests for reconsideration on annexations will not be heard b,r the City
Council. This exception does not apply to category B or category C annexations subiect
to judicial review in accordance with Chapter 2, Title 50, Idaho Code. a.
As required by Idaho Code section 67-6535(2)(b), any applicant or affected person who
wishes to seek judicial review of compliance with the provisions of Idaho Code section
67-6535, must first seek reconsideration of the final decision within fourteen 14
days. b.
Such written request must be delivered to the city clerk within that time frame and must
identify specific deficiencies in the decision for which reconsideration is sought. Upon
reconsideration, the decision may be affirmed, reversed or modified after compliance
with applicable procedural standards. Ord.
3522 — Page 6
c. The city council shall review the petition for reconsideration at a regular meeting and
decide whether to reconsider the matter.
d. The city council may consider its decision only if it finds any of the following:
1) There was a clerical error in the decision;
2) The decision resulted from fraud or mistake,
3) There is new evidence for the record or a change in circumstances;
4) There was a procedural error;
5) The council previously rejected the application by a tie vote; or
6) The decision was made in violation of substantive law.
e. If the city council chooses to reconsider the final decision, the city council shall
provide the applicant or affected person a written decision on such action. If the citx
council grants reconsideration in whole or in part, a hearing before the city council
will be scheduled to address the specific deficiencies identified by the applicant or
affected person, which shall be conducted pursuant to the public notice procedures set
forth in this section. The issues examined upon reconsideration shall be limited to
issues raised by the petition for reconsideration and the record previously established,
as well as the applicable law. The cost of all required notices shall be borne by the
yarty(ies) seeking reconsideration of the decision and paid in advance.
f. Following the hearing on the reconsideration, the city council may affirm, reverse, or
modify, in whole or in part, its' prior decision and shall provide a written decision to
the applicant and the affected person(s) within sixty (60) days of receipt of the request
for reconsideration._ If the city council fails to timely decide, the request for
reconsideration is deemed denied. A decision shall not be deemed final for purposes
ofjudicial review unless the process required in this subsection has been followed.
The twenty-eight 28 day time frame for seeking judicial review is tolled until the
date of the written decision regarding reconsideration or the ex iration of the sixty
60) day reconsideration period, whichever occurs first.
g. Once the council has reconsidered any of_its decisions relating to a given application,
as set forth hereinabove, it may not entertain any additional or subsequent request for
reconsideration, whether by the same or any other interested part
h. A failure to request reconsideration is a failure of the applicant or affected party to
exhaust administrative remedies.
8. Appeals
a. Any applicant or party aggrieved by a decision of the planning and zoning
commission, hearing examiner, or other hearing body, with respect to the provisions
of this article may appeal that decision to the city council by filing a notice of appeal
with the city clerk within fifteen (15) days following the date upon which the decision
was made.
Ord. 3522 — Page 7
b. Content OfAppeal: All appeals shall be in writing and shall contain the following_
1) The appellant's name, address, and telephone number,
2) The appellant's statement describing his or her standing to appeal;
3) Identification of the application and/or decision which is the subject of the a eat•
4) The appellant's statement of grounds for the appeal addressing why the appellant
believes the decision to be unlawful or inappropriate to the factual circumstances.
c. Setting O A eal Hearin : Upon the timely filing of appeal, the city shall set the
date, time and place for the appeal to be heard by the city council.
d. Burden OfProoLThe appellant shall bear the burden of proving the decision was unlawful
or inappropriate to the factual circumstances. e.
The council shall give legal public notice to the varties in interest and decide the same
within a reasonable time following the hearing. At the hearing, any affected party
may appear in person, by agent or attorney. Section
2. This ordinance shall be in full force and effect from and after its passage, approval,
and publication, according to law. Section
3. 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. Section
4. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed.
PASSED
BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this day of APPROVED
BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this day of —) ,
2023. pF1
CAL+ ATTEST: ., JAN
15 Mayor
Jaroi"Waer ';2': City Clerk (or Deputy) N
89flUgt,•• p CO'
O
Ord.
3522 — Page 8
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3522
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 10, ARTICLE 3, SECTION 10-03-12, CALDWELL CITY CODE,
PERTAINING TO THE SECTION TITLE; PERTAINING TO NEIGHBORHOOD
MEETINGS; AND ADDING LANGUAGE PERTAINING TO THE PUBLIC HEARING
PROCESS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
AND PARTS THEREOF, IN CONFLICT HEREWITH.
Section 1: Amends Caldwell City Code Section 10-03-12, pertaining to neighborhood meetings, by
changing the title to address all public hearing processes; adds language to clarify the purpose of the
neighborhood meeting and to increase the timeframe for conducting a neighborhood meeting prior to
submitting an application; adds language to address the mailing and publishing of public hearing notices;
adds language to address the physical site posting of public hearing notices by the applicant; and adds
language to address the types of public hearings, decisions, decision criteria, conditions, hearing records,
notice of decisions, requests for reconsideration, and appeals.
Sections 2 through 4: Provides that thisordinance 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.
Ordnance No. 3522 was passed by the Council and approved by the Mayor on the 5"' day of September
2023. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho
83605. The Mayor and City Council approved the foregoing summary on the 5°i day of September 2023,
for publication on the 12"d day of September 2023, pursuant to Idaho Code § 50-90IA.
STATEMENT OF LEGAL ADV?
2023.
I have reviewed the forego' s
that it provides a true and coa of
Ordinance No. 3522 and providetic to
the public as to the contents of su
DATED this 5" day of SeptembeMarkHilty, Attorney for City of