HomeMy WebLinkAboutORD 19889 W
BILL NO. 13
DRAFT ORDINANCE NO. 1988
AN ORDINANCE TO AMEND PORTIONS OF TITLE VI, CHAPTER 4, SUBSECTION 3,
OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON,
STATE OF IDAHO, CREATING A NEW CHAPTER 4, SUBSECTION 3(C), PERTAINING
TO DEVELOPMENT AGREEMENTS: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE
CITY OF CALDWELL, IDAHO, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Title VI, Chapter 4, Subsection 3 (C) of the Municipal Code of the City
of Caldwell, County of Canyon, State of Idaho, shall be amended by adding certain
language as follows:
u DEVELOPMENT AGREEMENTS:
1. Leaislative Purpose: The Citv Council of th City of Caldwell finds that the abili
to execute a development agreement in connection with a change of zoning
provides benefits for both the property owner or developer and the City by
providing a balance between the owner or developer's desire for certainty in the
development 1rocess and the City's desire for control of any project impacts as
a means to ensure harmony with the established surrounding pattern of
development• and therefore the ability to execute such development agreements
in appropriate circumstances is in the best interest of the health, safety and welfare
of the citizens of Caldwell.
2. Procedure: In accordance with the notice and hearing procedures of Section
6 -4 -3 a property owner or developer may request that an application for a zone
change or an amendment to the Official Zoning Map be produced in connection
with the execution of a development agreement. Through such agreements, a
property owner or developer may agree to make written commitments concerning
the use or development of a subject parcel in exchange for the change of zoning
requested Commitments made under such agreements are in addition to the
regulations provided for in the zoning district by ordinance.
3. Creation and Form: At a minimum, development agreements shall include
the following:
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al a legal description of the subject property,
b) a description of the uses permitted on the land, which may include
preliminary site plans, elevation plans and other pertinent exhibits.
I provisions for any reservation or dedication of land,
d) the duration of the agreement, and
el the commitments or other terms of the agreement.
Commitments and Safeguards: The written commitments or conditions
exacted shall be specific and shall have a reasonable relation to the zoning-
change approved. In addition, the following safeguards shall be applied:
al A development agreement shall only be allowed in connection with zone
changes applied for and involving property within transitional areas where
two or more incompatible uses may have valid claims.
b� A development agreement shall not prevent the City in subsequent actions
applicable to the property, from applying new rules, regulations, or policies
that do not conflict with commitments applicable to the property as set forth
within any duly executed agreement.
cl If a commitment involves ongoing performance and the owner or developer
fails to comply with the commitment after completion of construction, said
failure may be dealt with by the City according to the violation and penalty
provisions of the Caldwell Zoning Ordinance and for specific performance
of the development agreement including attorneys' fees and costs
associated with the enforcement of the agreement.
d) When a commitment is required to be satisfied prior to completion of
construction, and it is not so satisfied, construction shall be halted until
compliance is established.
5. Recordation: Development agreements shall be attached as an exhibit to
the ordinance establishing the zoning map amendment. Agreements shall
take effect and shall be recorded by the City in the office of the County
Recorder upon the adoption of the Ordinance establishing the zoning map
amendment by the City Council. Should a development agreement be
terminated by the City, and the zoning designation upon which the use is
based be reversed, a document recording such termination and zoning
reversal shall also be recorded by the City in the office of the County
Recorder. Unless otherwise modified or terminated by the City Council, an
agreement shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the parcel.
6. Termination Modification. and Extension: The establishment of a
development agreement and the written commitments contained therein, in
accordance with the provisions of this section, shall be deemed written
consent to change the zoning of the subject property to its prior
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designation upon failure to comply with the conditions imposed by the
agreement. A development agreement may be modified only by the
permission of the City Council after complying with the notice and hearing
provisions of Section 6 -4-3. A development agreement may be terminated
by the City, and the zoning designation upon which the use is based may
be reversed, upon the failure of the owner, developer, or each subsequent
owner or each person acquiring an interest in the subject parcel to comply
with the commitments in the agreement within 2 years. The 2 year period
of time for compliance of commitments may be extended by the City for just
cause and upon application for such by the owner, and after complying
with the notice and hearing provisions of Section 6 -4 -3.
Section 2. That Title VI, Chapter 4, Section 3 of the Municipal Code of the City of
Caldwell, County of Canyon, State of Idaho, shall be amended by renumbering (C) to (D);
(D) to (E) and (E) to (F).
Section 3. All ordinances or parts of ordinances inconsistent are hereby repealed.
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this lath day of
May , 1993.
APPROVED BY THE MAYOR of the City of Caldw II this 17thday of
May , 1993. n
ATTEST:
City Clerk
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