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Home My WebLink AboutOA-22-01 Applicant\- CITY OF 6afdtcre{1, %- prannins&Zonins APPLICANT !TEM DATE SUBMITTED BY A.1 APPLICATION & RECEIPT Slnn)C1t4 cf CatdWup4pTn g6[\inS A-2 WRITTEN DESCRIPTION 5ttf,z',i,,qtq orcl.t b6 'dul*UN oe Cpr6!ul"ut{[f]^^n cottr&S A.3 SITE PLAN OR PIAT A-4 VICINITY MAP A.5 NEIGHBORHOOD MEETING FORM A.6 DEED A-7 TRAFFIC IMPACT STUDY (IF REQUIRED) A.8 LANDSCAPING PLAN A-9 PROPERTY OWNERACKNOWLEDGEMENT A-10 A-11 A-L2 A-13 A-14 A-15 A-16 A-L7 A-18 ORDINANCE NO. BILL NO. 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 1, SECTION 11-01-02 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 ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF,IN CONFLICT IIEREWITH. 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 Idaho; and WHEREAS, pursuant to Chapter 65, Title 67,Idaho Code, the City of Caldwell has the authority to adopt, establish and amend aZoningOrdinance; and WHEREAS, a city council, may solely exercise all of the powers required and authorizedby Chapter 65, Title 67,ldaho 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, of the Caldwell City Code, is hereby amended as follows: 10-01-02: AUTHORITY AND PURPOSE: (1) 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 purpose of this chapter. the commission shall have the followine duties: Ord.3409 - Page I h n, \- \. A. Initiate proposed amendments to this chapter and conduct appropriate reviews of this complete chapter. B. Review proposed amendments to this chapter and make recommendations to the council. C. Review planned unit developments that are part of a preliminary plat. preliminary plat ve annexation rezone requests and make recommendations to the council. D. Grant special use permits and planned unit development requests. when said planned unit development requests are not part of a preliminary plat. as specified. with such additional safezuards as will uphold the intent of this chapter. Planned unit development requests as request are reviewed by the commission in coniunction with the and a recommendation to the Council is for planned unit development/preliminary plat request. E. Hear and decide appeals where it is alleged there is an error in any order. requirement. decision. interpretation or determination made by the Plannins and Zoning Director. F. Grant such variances from the terms of this chapter that will not conflict with the public interest" be materiall), detrimental to the public health. safety or welfare. or be injurious to the propertv or improvements of adjacent property owners. G.Review annexation requests and recommendations to the council. H.A hearins examiner mav be aooointed bv the Citv Council-Pursuant to Idaho Code 67- 6520. the hearins examiner shall have the same authority as the Plannine and Zonine Commission to hear requests for special use permits. variances. subdivision plats. planned unit developments" and rezones. The s examiner shall be a planner. engineer. architect. or other professionallv trained person and shall have sipurificant experience in the field of plannine and zoning. The hearing examiner may be dismissed by a majority vote of the Ci Council L The City Council malz elect at any time they deem necessar-v. to suspend the authority and duties of the Planning and Zonine Commission or hearine examiner. or act in full authoritv and exercise allof the powers required and bv Title 67. Idaho Code. Chapter 65 in place of the Planning and Zoning Commission or hearing examiner. (4) Duties of the andZonins. Director: The Council shall appoint a Plannine and Zonine Director who shall be responsible for enforcine and administerins this chapter.e Plannins and Zonins Director mav be as the Council purpose of this chapter" the Plannins and Zonine Director shall have the followins duties: Ord.3409 -Page2 N,} A. Intemret and administer this chapter. T.Lq \, shall have the authority to order, in writine. the remedy of anv condition found to be in violation of this or of anv oermit the of a decision by the Director in interpreting or enforcing this chapter may appeal such decision to City Council. Such appeal shall be heard followine the public hearing requirements set forth in subsection 10-03 of this article. B. Assist the public and advise interested persons of zonins provisions. C.Notifu the news media matters of oublic interest. D. Aid applicants in the preparation and expedition of required applications. E. Grant variances. as an administrative determination. of up to twenty percent (20olo) from any numerical standard of the following requirements: structure heieht. front yard setback. rear vard setback.vard side setback. street side yard lot size. frontaee requirement. andlor parking space. l. At least fifteen (15) calendar days prior to rendering a decision to prant or deny an administrative determination. notice shall be mailed to the applicant and to property owners or purchasers of record adjoining the subject property. 2. Within five (5) calendar dalrs of the date of decision the Planning and Zonine Director shall mail notice of the decision prantine or denying the application to those previously notified of the pendinq application. F. Assist the commission and Council in carrying out the provisions of this chapter. Section 2. That Chapter 10, Article 3, Section 10-03-01, of the Caldwell City Code, is hereby amended as follows: Eer the eureese ef thi ies' (l) Initiate prepesed arnendments te this ehapter and eenduet apprepriate reviews ef @ (2) Review prepesed arnendments te this ehapter and make reeernrnendatiens te the €eun€+ (3) Review plarrred unit develepments that are part ef a prelirninry plat; preliminary plat requests, eemprehensive plan ehanges; eemprehensive plan map ehar€es; erurexatien afid rezene reguests aild m* (4) Grant speeial use permits and plarmed tlnit develepment requests; when said planned Ord. 3409 - Page 3 A-? \, /<\ LI-^* --,{ A^^;A^ ^^-^-1. .,,1"o-o ;+ ;. ^l'l--^,l +1'*o io o^ a* - io ^-,' ^-,{^- (6) Grant su€h varianees frem the terms ef this ehapter that will net eenfliet with the the preperty e* imprevements ef a4iaeent preperty ervners, (7) A hearing examirer may be appeinted by the eity eeuneil, Pursnant te Idalre eede 67 6520; the hearing ex*rniner shall have the same autherity as the Plarxring and Zening ing€xaffiiner +i Section 3. That Chapter 10, Article 3, Section 10-03-02, of the Caldwell City Code, is hereby amended as follows: l0 03 02: DUTIES eF THE PLANNING AND ZONING DIRE€TOR: The eeuneil shall appeint a Planning and Zening Direeter whe shall be respensible for the assistanee ef streh ether persens as the eeuneil may direet, Fer the purpese ef this ehapter; the i€s: (l) Interpret and administer this ehapter, The Direeter shall have the autherity te erder; in writingr the reme Direeter in interpr ef+his-a+iele= (2) Assist the publie and advise interested persens ef zening previsiens, (3) Netify the nervs media regarding matters ef publie interest, (4) Aid applieants in the preparatien and expeditien ef required applieatiens, (5) Grant vrianees; as an administrative determinatien; ef up te twenty p€reent (2096) aneArpa*i+fspaee, Ord.3409 - Page 4 A,T \, A, r\t least fifteen ( 15) ealendar days prier te rendering a deeisien te grant er deny an B, Within {ive (5) ealendar days ef the date ef deeisien the Pl*nning and Zening nireeter snaU mail ien' (6) Assist the eenrmissien and eeuneil in earrying euFthe previsiens ef this ehapter, Section 4. That Chapter 1 I , Article l, Section I 1-01-02, of the Caldwell City Code, is hereby amended as follows: 11-01-02: PURPOSE AND AUTHORITY: (2) The provisions of chapter 10 of this code, "Caldwell Supplemental Specifications To The Idaho Standards For Public Works Construction", city transportation master plan, "ldaho 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. 28t1, tl-2-2009) (3) Duties of the Commission: For the purpose of this chapter. the commission shall have the same duties as specified in Chapter 10. Article 1. Section 10-01-02 of the Caldwell City Code. (4\ f)nfies nf the Pl and Tnnino Direnfnr' For the pumose of chaoter. the director shall have the same duties as soecified in 10-01-02 of Section 5. This ordinance shall be in full force and effect as of following its publication according to law. 2022, Section 6. 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 7. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed, as ofthe effective date hereof. Ord. 3409 - Page 5 h1/ v PASSED BY THE COUNCIL OF THE CIry OF CALDWELL, IDAHO, this _ day of , 20-. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this _ day of _, 20-. ATTEST: Mayor Jarom Wagoner City Clerk (or Deputy) Ord. 3409 - Page 6 h-1' ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AI\D ST]MMARY OF ORDINAI\CE NO. AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER IO, ARTICLE I, SECTION t0-01-02; CHAPTER 10, ARTICLE 3, SECTION 10-03-01; AND CHAPTER 11, ARTICLE 1, SECTION l1- 01-02 OF THE CALDWELL CITY CODE, PERTAINING TO THE DUTIES OF THE PLANNING AND ZONING COMMISSION AND DIR.ECTOR; PROVIDING FORAN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF' IN CONFLICT HEREWITH. Sections I through 4: Amends Chapter 10, Article l, Section 10-01-02; Chapter 10, Article 3, Section l0- 03-01; Chapter 10, Arti.l.3, Seciion 10-03-02; and Chapter 11, Article 1, Section 1l-01-02 of the Caldwel Ciiy Code, by amending the duties of the PlanningandZoning Commission, duties of the Planning and Zoningbirector; ptacing those duties in a new section of the Code, and clariffing the location of the 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. _ provides an effective date, which shall be on the - day of --=-*,2022. Ordinarce. No. _ *u. p-urr.d by the Council and approved by the Mayol on the - day of ,, , 2022.The full text of the Ordinance is available at Caldw"tt City Hall, 411 Blaine Street, Caldwell, Idaho 83605' The Mayor and City Council approved the foregoing summary on the - day of -, 2022, for publication Mayor Jarom Wagoner 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. - and provides adequate notice to the public as to the contents ofsuch ordinance' DATED this - daY of -,2022. Mark Hilty, Attorney for City of Caldwell hl, CITY OF6M%Planning & Zoning =; 6ffiffi HEARING REVI EW APPLICATION Type of Review Requested (check all that apply) ! Annexation/Deannexation E Appeal/Amendment ! Comprehensive Plan MaP Change ! Design Review ! Ordinance Amendment I Rezone ! Special Use Permit E Subdivision- Preliminary Plat ! Subdivision- Final Plat E Subdivision- Short Plat E Time Extension I Variance ! other- Subject lnformation Address: Subdivision Block Parcel Number(s) Lot:Zoning: Prior Use of the PropertYi Proposed Use ofthe ProPertY Applicant lnformation: Applicant Address: Name: C, Email: Phone: e.O f(if|tell state: 4 zip: Cell Address: Email: City:State: - ZiP: Cell Agent Name: (e.g., architect, engineer, developer, representative) - State: - ZiP:City:Address Email:Cell: Authorization Print applicant name: Applicant Signature o^r",8'22P A-\ Date complete: - STAFF USE ONLY:Aa '?/L-O IFile number(s) ll- aI filedDate Related files 62i" Cleveland Boulevard . Caldwell, ldaho 83605 . Phone: (208) 455-3021 . www.cityofcaldwell.com/PlanningZoning L- Acreage: Project CITY OF6M%Planning & Zoning FileProject Name:lo rt Applica nt/Agent: ORDINANCE AMENDMENT STAFF USE ONLY: Date Application Rece Received by: z?-z.L ring l- tstzLProposed Hea Hearing Body:I A/ Applicant (v)Please provide the following REQUIRED documentation:Staff (v) Completed and signed Hearing Review Application Narrative fully describing the request, including the following: *. \ & o.i ;:::*:l:1ffi::T::fi:::Il,.;,:.'changed D,r'o/D) Any other pertinent information to the request All of the above items shall be submittedinS% x 11 paper format AND in electronic format (preferably PDF or Word) on either a jump drive or CD. Please be aware the jump drive or CD will become part of the file and will not be returned Fee 521 Cleveland Boulevard . Caldwell, ldaho 83605 . Phone: (208) 455-3021 . www.cityofcaldwell.com/PlanningZoning s