HomeMy WebLinkAboutORD 1405BILL 37
ORDINANCE NO. 1405
BY Councilm Olesen
AN ORDINANCE AMENDING CHAPTER 7 TITLE 6 OF THE MUNICIPAL CODE
OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, BY ADDING PROVISION
FOR PLANNED UNIT DEVELOPMENTS; DEFINING PLANNED UNIT DEVELOPMENT;
PROVIDING FOR CONDITIONAL USE PERMIT; PROVIDING PUBLIC HEARING;
PROVIDING EFFECTIVE DATE; PROVIDING FOR REPEAL OF ALL LAWS INCON-
SISTENT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL, OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO
SECTION 1. That Title 6, Chapter 7 of the Municipal Code
of the City of Caldwell, Canyon County, Idaho, be amended by adding
the following sections thereto:
6 -7 -3: DEFINITION: A planned unit development as used herein is
an area of land in which a variety of residential, commer
cial, industrial and other land uses are provided for under
single ownership and control during the development
6 -7 -4: DEFINITION: As used herein, Commission means Planning and
Zoning Commission
6 -7 -5: PLANNED DEVELOPMENT; CONDITIONAL USE PERMIT
Justification: Planned developments, as defined, are of
such substantially different character from other "Condi
tional Use Permits" that specific and additional standards
and exceptions are hereby set out to govern the action of
the Commission
6 -7-6: Use Exceptions: In the case of Residential, Commercial or
Industrial Planned Developments, the Commission may authorize
that there be in part of the area of such development. and
for the duration of such development, specified uses and
residential densities not permitted by the use regulations
of the district in which the development is located,_pro
vided the Commission shall find
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(a) That 41 uses permitted by such Aption are
necessary or desirable and are appropriate with
respect to the primary purpose of the deyelop
ment as specified in the order granting the
development
(b) That the uses permitted by such exception are
not of such a nature or so located as to exercise
a detrimental influence on -the surrounding
neighborhood; and
(c) That no more than twenty percent (20 %) of the
ground shall be devoted to the uses other than
the zone in which the proposed development is located
6 -7 -7: Bulk Regulations: The Commission may approve exceptions
to the applicable bulk regulations of this Code within
the boundaries of such Planned Development, provided
the Commission shall find:
(a) That such exception shall be solely for the pur-
pose of promoting an integrated site plan no less
beneficial to the residents or occupants of such
development, as well as of neighboring properties,
than would obtain under the bulk regulations of
this Code for buildings developed on separate
zoning plots
(b) That the overall Floor Area Ratio of the deyelop
ment shall not exceed that prescribed for the
district in which it is located
(c) That the minimum lot area per dwelling unit re
quirements shall be adhered to in any such develop
ment containing residential uses, and that there
shall be available to each residential building and
immediately adjacent thereto (including the land
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area upo &hick it is erected) the Amum amount
of land area required for such building under the lot .
area per dwelling unit as provided in Section 6- 3 -3(a) of
this Code
(d) That spacing between principal buildings shall be at
least equivalent to such spacing as would be required
between buildings similarly developed under the terms
of this Code on separate zoning lots, due consideration
being given to the openness normally afforded by inter
vening streets_ and alleys
(e) That along the periphery of such Planned Developments
yards shall be provided as required by the regulations
of the district in which said development is located
6 -7 -8: Form of Application and Fee: An application for a conditional
Use Permit pertaining to a Planned Development shall be
submitted in the same form and context and shall be accompanied
by the fee prescribed herein
Content of Application: Application for a Conditional. Use
Permit for a Planned Unit Development shall accompany such
plans, data and associated information necessary to assure
the fullest presentation and shall include but not be limited
to:
(a) Copies of Homeowner's Association By -laws and related
agreements or documents;
(b) Areas to be assig for use -in- common
(c) Legal description of development area in square footage
and acres
(d) Site development proposals including building locations,
typical building elevations, landscaping, parking, lot
layout, fencing, screening, and other development features of
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the p4osal. 0
6 -7 -9: Authorization: Notice, Public Hearing and Order: The
Commission shall hear the application and. after notice as
hereafter defined and a public hearing, make its order thereon
In addition to the Public Notice, all record title holders
of real property within a radius of 300 feet from the
development shall be notified by registered mail with a
return receipt requested
No approval shall be entered or permit granted unless the
Commission shall find that said development shall be in the public
interest
6 -7 -10: Action by Commission: At every hearing before the Commission
pertaining to Planned Developments, the Commission shall hear
all persons interested in the subject matter. Not later than
ten (10) days after the conclusion of the hearing, the Commission
shall file with the City Clerk a written report stating the
action taken by the Commission.
6 -7 -11: Effective Date: Approval of any Planned Development Conditional
Use Permit by the Commission shall become final after a lapse
of fifteen (15) days from the date of decision, provided,
however, there is no exception as set forth in Section 6- 7 -6(c)
and there has been no appeal or written request to review as
provided in Section 6 -7 -13 of this Code
6 -7 -12: A Planned Unit Development Conditional Use Permit approved
by the Commission with an exception as set forth in Section
6- 7 -6(c) shall be approved by the City Council
6 -7 -13: Appeal to Council: An appeal of a decision or determination
of the Commission on a Planned Development Conditional Use
Permit application may be initiated in the same manner as
provided by Section 2 -2 -6
6 -7 -14: Pees: Fees for application for Planned Unit Development Permits
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shall be es by Resolution of *-City Council
SECTION 2. All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect
from and after its passage, approval, and publication according to law.
PASSED BY THE COUNCIL of the City of Caldwell this 21st
day of December, 1976.
APPROVED BY THE MAYOR of the City of Caldwell this 21st
day of December, 1976.
ATTEST:
City Clerk,--'
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