HomeMy WebLinkAboutORD 3673ORDINANCE NO.3673
BILL 21
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CALDWELL CITY CODE CHAPTER 11, ARTICLE 1, SECTION 11-01-03 PERTAINING
TO CONDOMINIUM SHORT PLATS; AMENDING CALDWELL CITY CODE
CHAPTER 11, ARTICLE 1, SECTION 11-01-04 PERTAINING TO FRONTAGE FOR
FLAG LOTS; AMENDING CALDWELL CITY CODE CHAPTER 11, ARTICLE 2,
SECTION 11-02-02 PERTAINING TO FINAL PLAT APPLICATIONS FOR
SUBSEQUENT PHASES WITHIN A PHASED SUBDIVISION; AMENDING
CALDWELL CITY CODE CHAPTER 11, ARTICLE 2, SECTION 11-02-03 PERTAINING
TO PRELIMINARY PLAT APPROVAL; AMENDING CALDWELL CITY CODE
CHAPTER 11, ARTICLE 2, SECTION 11-02-04 PERTAINING TO RECORDATION OF
SHORT PLATS; AMENDING CALDWELL CITY CODE CHAPTER 11, ARTICLE 2,
SECTION 11-02-05 PERTAINING TO PRELIMINARY PLAT AMENDMENTS;
AMENDING CALDWELL CITY CODE CHAPTER 11, ARTICLE 3, SECTION 11-03-02
PERTAINING TO ALL WEATHER SURFACING FOR PRIMARY AND EMERGENCY
ACCESS ROADWAYS AND PERTAINING TO COMMON DRIVEWAYS; 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 11, Article 1, Section 11-01-03, of the Caldwell City Code
is hereby AMENDED AS FOLLOWS:
11-01-03: APPLICABILITY:
(1) These regulations shall apply to the subdividing of land and/or planned unit
developments within the corporate limits of the city and property within Caldwell's
area of impact, or as mutually defined by both the city and Canyon County under the
requirements of Idaho Code section 67-6526, and shall include the following:
C. Development Of Condominium Projects:
SOI NNED
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1. The provisions of the condominium property act as provided in title 55, chapter 15,
Idaho Code, as amended, revised and compiled, and the provisions of chapter 10 of this
code, as amended, revised and compiled shall be, and the same hereby are, adopted and
incorporated by reference herein.
2. Condominium development and subdivision of land(s) may occur within the same
plat. This shall also include dedication of public right of way and all standard
improvements as outlined in this chapter.
3. Each condominium unit shall be provided ingress and egress either over common
area or by an easement which shall be delineated on the plat and defined in the recorded
condominium declarations with a note on the plat stating that the condominium
declarations provide ingress and egress easements for the units.
4. If the condominium buildingspermits have been
Wig, the short plat process may be followed provided the project meets all
qualifications for the short plat process, except that the number of buildable lots may
exceed four (4). If any new construction is in1 e-Weea er- if the project does not qualify for the
short plat process, the regular platting process shall be followed.
Section 2. That Chapter 11, Article 1, Section 11-01-04, of the Caldwell City Code
is hereby AMENDED AS FOLLOWS:
11-01-04: DEFINTIONS:
FRONTAGE: That boundary of a lot along an existing or proposed public or private street
or alley. CA,r -r r or l9ti the fFeatage shall ho tha chnrtor lot-haundr...l �z along a 4c-
street. The minimum driveway width for a flag lot acts as the required lot frontagg,
regardless of the frontage width requirement in the underlying zoning district. Lots may
have more than one frontage.
Section 3. That Chapter 11, Article 2, Section 11-02-02, of the Caldwell City Code
is hereby AMENDED AS FOLLOWS:
11-02-02: PHASED SUBDIVISIONS:
(1) Phased Subdivisions:
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B. The subdivider may file and obtain acceptance of successive final plats for
continuous segments of the approved preliminary plat without reapplication for
preliminary plat approval, provided that:
1. The final plat application for subsequent phases shall not be heard by City Council
until Council approval is received for the previous phase.
4.2. The final plat for subsequent phases is recorded in successive intervals of not
more than two years each, as measured from the date of recordation of the prior phase
final plat;
-262 That "city code", as herein defined, and any subsequent ordinance amendments
as adopted by the city before, during or after preliminary plat approval, is followed in all
design, engineering plans, construction and final plats for all phases, with the exception of
lot sizes, lot dimensions, setbacks, number of lots and any exceptions approved at the time
of preliminary platting, which shall remain as indicated in the preliminary plat order of
decision and/or development agreement
C. In the event the approved phasing plan needs to be modified by adding additional
phases or increasing or decreasing the number of buildable lots within a phase, a modified
phasing plan shall be submitted to the planning and zoning department for administrative
approval by the planning and zoning department in consultation with the engineering
department.
1. The Anal plat ter the pr-eee nhase mu-s �eZ ee-eff-d-ed-hef-Arei final at
application is heard by the city e9und! for- any subsequent phases. (Or-d. 27613, 4 29 ;
ansd— Ord. 2$11,14r28�.337-r12 6 2021; Or-d. 34�; 5 2 2023; OFd. 3576,
24244
Section 4. That Chapter 11, Article 2, Section 11-02-03, of the Caldwell City Code
is hereby AMENDED AS FOLLOWS:
11-02-03 REVIEW AND HEARINGS:
(2) Final Plat Review And Hearing:
F. Final Plat Recording:
1. A public pathway access easement (if applicable) must be recorded and the instrument
# included on the final recorded plat.
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42. Upon recordation of the final plat, all recorded subdivisions shall be known and
referred to by the city approved subdivision name, in all permanent or temporary signage
physically located on or near the location of the subdivision and on all deeds and legal
documents. This requirement shall continue through the development of each phase of the
subdivision and shall survive completion of the subdivision unless a request is initiated
through the filing of a Subdivision Name Change Request Application in accordance with
11-02-06 of this chapter. No alternative, abbreviated, or incomplete subdivision names,
other than the complete name identified in the recorded final plat, shall be recognized by
the city, except that a variation in the subdivision name required by this chapter may be
permitted for parcels within the subdivision that are being developed solely for
commercial or multi -family commercial apartment, as approved by the city, and may be
designed and constructed as their own separate phases which do not have to follow the
subdivision phasing sequencing required by this chapter.
Section 5. That Chapter 11, Article 2, Section 11-02-04, of the Caldwell City Code
is hereby AMENDED AS FOLLOWS:
11-02-04: PRELIMINARY PLAT EXPIRATIONS, TIME EXTENSIONS, AND RENEWALS
(1) Plat Expirations:
A. Final plats must be submitted for approval within twenty-four (24) months of the date
of signature on the approving order of decision for the preliminary plat;
B. Final plats must be recorded for a single-phase development or for the first phase of a
multi -phase development within twenty-four (24) months of City Council approval of the
final plaL�:,�,, ,t..,a �n the approving order of decision fee- the f4aal platr For phased
subdivisions, see 11-02-02 (1).
The 1 I e recorded within twenty-four (24) months of
the date of sienature on the armrovine order of decision.
(2) Preliminary and/or Final Plat Time Extensions:
D. Criteria for Approval of Time Extensions: Extension requests for plats shall be approved
based upon the following:
2. There have been no significant changes to the city code between the date of plat
approval and the application date of the time extension request that would require
substantial modifications to the iat laygut.
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Section 6. That Chapter 11, Article 2, Section 11-02-05, of the Caldwell City Code
is hereby AMENDED AS FOLLOWS:
11-02-05: PLAT AMENDMENTS AND CORRECTIONS:
This section it intended to provide an efficient process to nnrrnnt der-ical .nonmaterial
errors and ether- minor changes in approved plats;
(1) Preliminary Plat Amendments:
A. Changes to an approved preliminary plat made prior to final plat approval and
recording, and incorporated within the final plat design shall not require rehearing of the
original preliminary plat by the planning and zoning commission or by city council if the
proposed design change(s), does not:
1. Reduce the lot size below the minimum approved on the
preliminary plat entitlement;
2. Increase the number of buildable lots by more than ten (10%) percent of the
original request, provided the number of dwelling units does not increase. let-s ar- set less
than thea minim.um- lot size required by code and- the sub-divisieft complies with
3. Substantially alter the alignment of the subdivision's ingress/egress access points
and/or connectivity of the subdivision's roadway network to a degree that would
necessitate changes to the traffic impact study, or adversely impact the original engineering
conditions for the project;
4. Substantially re -align the internal street network such that the subdivision is
effectively a new project, as determined by the Director or City Engineer: buildable lots
5. Increase "' the pesitien of the exterior boundaries of the preliminary plat as
already approved;
6. Reduce the square footage of common areas or the number of public amenities
below the levels approved through the public hearingproces$. Minor modifications to the
types and locations of amenities may be permitted as determined by the pdirector;
7. Violate the terms of a development agreement.
Section 7. That Chapter 11, Article 3, Section 11-03-02, of the Caldwell City Code
is hereby AMENDED AS FOLLOWS:
11-03-02: STREET REQUIREMENTS:
(9) Emergency Service Vehicle Accessibility: The following street distances, configurations,
specifications, and related items are required to satisfy accessibility to subdivisions and
planned unit developments by emergency services vehicles:
F. Primary and emergency accesses, for fire department purposes, shall be constructed to
the following minimum standards (which do not preclude more restrictive minimum
standards as set forth by the engineering department or another state or federal agency):
1. Minimum width of twenty feet (20') with a minimum inside turning radius of
twenty-eight feet (28'), minimum outside turning radius of forty-eight feet (48') and
maximum grade of ten percent (10%).
2. Surface shall be improved with an all weather surface meeting the fire department
standards and capable of supporting two (2) axled vehicles weighing eve ei h
thousand (479M,000) pounds.
(14) Common Driveways:
A. Common driveways shall be a minimum of twenty—four feet (246') in width, shall
meet all applicable Fire Code requirements. and shall serve no more than six (6) residential
units that dA not ffent a publie street and shall serge and no more than three (3)
commercial or industrial lots.
1 Where City owned utilities are constructed within the common driveway, the
driveway shall be constructed with n asphaltic concrete surEaCel Portland cement is not
permittedh surface material, The driveAgy, at a minimum shall match the width of
any required utility easements.
Section B. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 9. 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 ready to carry out the purposes of the
ordinance before the declaration of partial invalidity.
Section 10. All ordinances, resolutions, orders, and parts thereof in conflict
herewith are repealed.
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PAS 'ED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this ?,Iday of
, 2025.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this LNay
of , 2025.
Mayor Jarom
Wagoner
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City Clerk (or Deputy)
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3673
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CALDWELL CITY CODE CHAPTER 11, ARTICLE 1, SECTION 11-01-03 PERTAINING
TO CONDOMINIUM SHORT PLATS; AMENDING CALDWELL CITY CODE
CHAPTER 11, ARTICLE 1, SECTION 11-01-04 PERTAINING TO FRONTAGE FOR
FLAG LOTS; AMENDING CALDWELL CITY CODE CHAPTER 11, ARTICLE 2,
SECTION 11-02-02 PERTAINING TO FINAL PLAT APPLICATIONS FOR
SUBSEQUENT PHASES WITHIN A PHASED SUBDIVISION; AMENDING
CALDWELL CITY CODE CHAPTER 11, ARTICLE 2, SECTION 11-02-03 PERTAINING
TO PRELIMINARY PLAT APPROVAL; AMENDING CALDWELL CITY CODE
CHAPTER 11, ARTICLE 2, SECTION I1-02-04 PERTAINING TO RECORDATION OF
SHORT PLATS; AMENDING CALDWELL CITY CODE CHAPTER 11, ARTICLE 2,
SECTION 11-02-05 PERTAINING TO PRELIMINARY PLAT AMENDMENTS;
AMENDING CALDWELL CITY CODE CHAPTER 11, ARTICLE 3, SECTION 11-03-02
PERTAINING TO ALL WEATHER SURFACING FOR PRIMARY AND EMERGENCY
ACCESS ROADWAYS AND PERTAINING TO COMMON DRIVEWAYS; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING
ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN
CONFLICT HEREWITH.
SECTION 1: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-01-03, CALDWELL CITY CODE,
PERTAINING TO APPLICABILITY AND DEVELOPMENT OF CONDOMINIUM PROJECTS.
SECTION 2: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-01-04, CALDWELL CITY CODE,
PERTAINING TO DEFINITION OF FRONTAGE.
SECTION 3: AMENDS CHAPTER 11, ARTICLE 2, SECTION 11-02-02, CALDWELL CITY CODE,
PERTAINING TO PHASED SUBDIVISIONS.
SECTION 4: AMENDS CHAPTER 11, ARTICLE 2, SECTION 11-02-03, CALDWELL CITY CODE,
PERTAINING TO REVIEW AND HEARINGS AND FINAL PLAT RECORDING.
SECTION 5: AMENDS CHAPTER 11, ARTICLE 2, SECTION 11-02-04, CALDWELL CITY CODE,
PERTAINING TO PRELIMINARY PLAT EXPIRATIONS, TIME EXTENSIONS AND RENEWALS.
SECTION 6: AMENDS CHAPTER 11, ARTICLE 2, SECTION 11-02-05, CALDWELL CITY CODE,
PERTAINING TO PLAT AMENDMENTS AND CORRECTIONS.
SECTION 7: AMENDS CHAPTER 11, ARTICLE 3, SECTION 11-03-02, CALDWELL CITY CODE,
PERTAINING TO STREET REQUIREMENTS.
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SECTIONS 8 THROUGH 10: 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. 3673 was passed by the Council and approved by the Mayor on the 21' day of April 2025.
The full text of the Ordinance is available at Caldwell City Hall, 205 S. 6"' Avenue, Caldwell, Idaho 83605.
The Mayor and City Council approved the foregoing summary on the 21" day of April 2025, for publication
on the 29" day of April 2025, pursuant to Idaho Code § 50-901 A.
STATEMENT OF LEGAL ADVISOR
1 have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinance No. 3673 and provides adequate notice to
the public as to the contents of such ordinance.
DATED this 2 V day of April 2025.
Oscar Klaas, Attorney for City of Caldwell
23178 630538
CALDWELL, CITY OF
PO BOX 1179
CALDWELL, ID 83606
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MY COMMISSION
EXPIRES 6-2&2029UtASO
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AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
County of Canyon and Ada
SHARON JESSEN
of the State of Idaho, being of first duly sworn, deposes
and says:
1.That I am a citizen of the United States, and at all
times hereinafter mentioned was over the age of
eighteen years, and not a party to the above entitled
action.
2.That I am the Principle Clerk of the Idaho Press -
Tribune, a daily newspaper published in the Counties
of Canyon and Ada, State of Idaho; that the said
newspaper is in general circulation in the said
counties of Canyon and Ada, and in the vicinity
of Nampa, Caldwell, and Boise, and has been
uninterruptedly published in said Counties during a
period of seventy -eight consecutive weeks prior to
the first publication of this notice, a copy of which is
hereto attached.
3.That the notice, of which the annexed is a printed
copy, was published in said newspaper and on
IdahoPublicNotices.com I times(s) in the regular
and entire issue of said paper, and was printed in the
newspaper proper, and not in a supplement
That said notice was published the following: 04/29/2025
SHARON JESSE /
STATE OF IDAHO
On this 29th day of April, in the year of 2025 before me
a Notary Public, personally appeared. SHARON JESSEN,
known or identified to me to be the person whose name is
subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true,
and acknowledge to me that he/she executed the same.
Notary Public of Idaho
My commission expires
AD# 630538AD#
LEGAL NOTICE
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3673
AN ORDINANCE ENACTED BY THE CALDWELL CITY
COUNCIL AMENDING CALDWELL CITY CODE CHAPTER
11, ARTICLE 1, SECTION 11-01-03 PERTAINING TO CON-
DOMINIUM SHORT PLATS; AMENDING CALDWELL CITY
CODE CHAPTER 11, ARTICLE 1, SECTION 11-01-04 PER-
TAINING TO FRONTAGE FOR FLAG LOTS; AMENDING
CALDWELL CITY CODE CHAPTER 11, ARTICLE 2, SECTION
11-02-02 PERTAINING TO FINAL PLAT APPLICATIONS FOR
SUBSEQUENT PHASES WITHIN A PHASED SUBDIVISION;
AMENDING CALDWELL CITY CODE CHAPTER 11, ARTI-
CLE 2, SECTION 11-02-03 PERTAINING TO PRELIMINARY
PLAT APPROVAL; AMENDING CALDWELL CITY CODE
CHAPTER 11, ARTICLE 2, SECTION 11-02-04 PERTAINING
TO RECORDATION OF SHORT PLATS; AMENDING CALD-
WELL CITY CODE CHAPTER 11, ARTICLE 2, SECTION 11-
02-05 PERTAINING TO PRELIMINARY PLAT AMENDMENTS;
AMENDING CALDWELL CITY CODE CHAPTER 111, ARTI-
CLE 3, SECTION 11-03-02 PERTAINING TO ALL WEATHER
SURFACING FOR PRIMARY AND EMERGENCY ACCESS
ROADWAYS AND PERTAINING TO COMMON DRIVEWAYS;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RES-
OLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT
HEREWITH.
SECTION 1: AMENDS CHAPTER 11, ARTICLE 1, SECTION
11-01-03, CALDWELL CITY CODE, PERTAINING TO APPLI-
CABILITY AND DEVELOPMENT OF CONDOMINIUM PROJ-
ECTS.
SECTION 2: AMENDS CHAPTER 11, ARTICLE 1, SECTION
11-01-04, CALDWELL CITY CODE, PERTAINING TO DEFINI-
TION OF FRONTAGE.
SECTION 3: AMENDS CHAPTER 11, ARTICLE 2, SEC-
TION 11-02-02, CALDWELL CITY CODE, PERTAINING TO
PHASED SUBDIVISIONS.
SECTION 4: AMENDS CHAPTER 11, ARTICLE 2, SECTION
11-02-03, CALDWELL CITY CODE, PERTAINING TO REVIEW
AND HEARINGS AND FINAL PLAT RECORDING.
SECTION 5: AMENDS CHAPTER 11,ARTICLE 2, SECTION
11.02-04, CALDWELL CITY CODE, PERTAINING TO PRE-
LIMINARY PLAT EXPIRATIONS, TIME EXTENSIONS AND
RENEWALS.
SECTION 6: AMENDS CHAPTER 11,ARTICLE 2, SECTION
11-02-05, CALDWELL CITY CODE, PERTAINING TO PLAT
AMENDMENTS AND CORRECTIONS.
SECTION 7: AMENDS CHAPTER 11, ARTICLE 3, SECTION
11.03-02, CALDWELL CITY CODE, PERTAINING TO STREET
REQUIREMENTS.
SECTIONS 8 THROUGH 10: PROVIDES THAT THIS OR-
DINANCE 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. 3673 was passed by the Council and ap-
proved by the Mayor on the 21 ST day of April 2025. The full
text of the Ordinance is available at Caldwell City Hall, 205 S.
6111 Avenue, Caldwell, Idaho 83605. The Mayor and City Coun-
cil approved the foregoing summary on the 21 st day of April
2025, for publication on the 29th day of April 2025, pursuant to
Idaho Code § 50-901A.
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe that it
provides a true and complete summary of Ordinance No. 3673
and provides adequate notice to the public as to the contents
of such ordinance.
DATED this 21 st day of April 2025.
Oscar Klaas, Attorney for City of Caldwell
April 29, 2025 630538