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Home My WebLink AboutORD 2063• BILL N0. 50 CALDWELL AREA OF CITY IMPACT (PLANS AND ORDINANCES) ORDINANCE ORDINANCE NO. 2063 By Councilman Nancolas AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, PROVIDING FOR A TITLE AND REPEALER AND PURPOSE CLAUSE AND PROVIDING FOR AN APPLICATION OF PLANS AND ORDINANCES OF THE CITY OF CALDWELL AND THE COUNTY OF CANYON, PURSUANT TO IDAHO CODE $67- 6526(a) IN AND TO THE AREA OF CITY IMPACT OF THE CITY OF CALDWELL IN THOSE AREAS OF THE UNINCORPORATED AREA OF CANYON COUNTY AS SPECIFICALLY IDENTIFIED IN THE MAP IDENTIFYING THE AREA OF CITY IMPACT DULY ADOPTED BY THE CITY OF CALDWELL BY ORDINANCE NO. 2039 AND DULY ADOPTED BY CANYON COUNTY BY ORDINANCE NO. 94 -003 AND SPECIFICALLY PROVIDING FOR THE APPLICATION OF THE COUNTY OF CANYON'S COMPREHENSIVE PLAN AND ZONING ORDINANCES TO THE AREA OF CITY IMPACT OF THE CITY OF CALDWELL AND PROVIDING FOR THE APPLICATION OF THE CITY OF CALDWELL'S SUBDIVISION ORDINANCE TO THE AREA OF CITY IMPACT OF THE CITY OF CALDWELL WITH CERTAIN EXCEPTIONS, AND PROVIDING FOR THE APPLICATION THEREOF WITHIN ONE (1) MILE OF THE CITY AND PROVIDING FOR A ZONING/ SUBDIVISION ORDINANCE CONFLICT PROCEDURE, AVAILABILITY OF ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, Idaho: Section 1. Title. This Ordinance shall be known as the "Caldwell Area of City Impact (Plans and Ordinances) Ordinance." Section 2. Repealer. All other Ordinances, including Canyon County Ordinance No. 78 -004, or parts of Ordinances and Resolutions in conflict herewith are repealed upon the effective date of this Ordinance. Section 3. Purpose. WHEREAS, the Idaho Legislature duly enacted Idaho Code §67- 6526(a) which provides that by separate ordinance the County of Canyon and City of Caldwell shall provide for ORDINANCE - Page 1 _ application of plans and ordinances for the Area of City Impact; and WHEREAS, the City of Caldwell and the County of Canyon have adopted a map identifying the City of Caldwell Impact Area within the unincorporated area of the County of Canyon by the adoption of Ordinance No. 2039 duly passed by the City of Caldwell on the 5th day of July, 1994, and by Ordinance No. 94 -003, duly passed by Canyon County on the 19th day of October, 1994; and WHEREAS, Idaho Code $67- 6526(a) requires that the City of Caldwell and the County of Canyon provide by Ordinance for the application of plans and ordinances of the Area of City Impact of the City of Caldwell within the unincorporated area of Canyon County no later than January 1, 1995; and WHEREAS, the City of Caldwell and the County of Canyon shall enter into a Joint Exercise of Power Agreement for the Impact Area of the City of Caldwell, which Agreement shall provide for and facilitate the legal duties of the parties and their responsibilities and authority as required under the Local Planning Act of 1975, and including any duties appertaining to the Area of City Impact subsequently required by the Idaho Legislature. Section 4. Annexation, Area of Impact. A. Effective January 1, 1995, annexation by the City of Caldwell shall be limited to lands lying within the area of impact, unless the owner of the land requests the tract of land be annexed by the City, and the land is contiguous to the boundaries of the City of Caldwell. B. Upon annexation, the provisions of this Ordinance shall no longer apply to the annexed area. Section 5. Adoption of Comprehensive Plan and Zoning Ordinance to Area of City Impact. A. Comprehensive Plan. There is hereby adopted for purposes of complying with Idaho Code §67- 6526(a) an ordinance providing for the application of the latest edition of the Canyon County Comprehensive Plan as duly enacted and adopted by the Canyon County Commissioners, the Canyon County Zoning Ordinance No. 93 -002, and the City of Caldwell's Comprehensive Plan duly ORDINANCE - Page 2 adopted and enacted by the Caldwell City Council, except as provided in Section 5.B of this Ordinance, to the Area of Impact of the City of Caldwell within the unincorporated area of the County of Canyon, until a new Comprehensive Plan and /or Zoning Ordinance has been duly adopted in accordance with the provisions of a Joint Exercise of Power Agreement Impact Area City of Caldwell /County of Canyon. Until the Joint Exercise of Power Agreement is adopted and operational, the County shall direct copies of all applications coming before it, pursuant to the Local Planning Act of 1975 and Canyon County Zoning Ordinance No. 93 -002 concerning property located in the Area of City Impact of the City of Caldwell to the City of Caldwell for its input on the application and shall give such input due consideration; and after the adoption of the Joint Exercise of Power Agreement and the same becomes operational, then the provisions of that Agreement shall govern this process. B. Exceptions and Conflict Procedure. In the event of a conflict in the application of the provisions of the Canyon County Comprehensive Plan and the provisions of the City of Caldwell Comprehensive Plan to the Area of Impact of the City of Caldwell, the provisions of the Canyon County Comprehensive Plan shall control. Section 6. Adoption of City of Caldwell's Subdivision Ordinance to Area of City Impact with Exceptions. A. Subdivision Ordinance. There is hereby adopted for purposes of complying with Idaho Code 567- 6526(a) this Ordinance No. 2063 ' which provides for the application of City of Caldwell's Subdivision Ordinance, except as provided in Section 6.B of this Ordinance, as codified at Title 5, Chapter 8, Sections 1 through 6, of the Municipal Code of the City of Caldwell, to the Area of Impact of the City of Caldwell within the unincorporated area of the County of Canyon, until a new Subdivision Ordinance has been duly adopted in accordance with the provisions of a Joint Exercise of Power Agreement Impact Area City of Caldwell /County of Canyon. B. Exceptions and Conflict Procedure. In the event of a conflict in the application of the provisions of the Canyon County Zoning Ordinance and the provisions of the City of Caldwell's Subdivision Ordinance ORDINANCE - Page 3 to the Area of Impact of the City of Caldwell, the provisions of the City of Caldwell's Subdivision Ordinance shall control, but shall not control over the application of the Canyon County Flood Plain and /or Addressing Ordinances. The City of Caldwell's Subdivision Ordinance shall be subject to the applicable Canyon Highway District's standards and regulations solely enforceable by said highway district. It is further provided that only those portions of the Subdivision Ordinance adopted which are not repugnant to federal or state law shall be adopted by the County of Canyon and there shall be no approval and reviewing of protective or restrictive covenants as part of the process described in this Ordinance. C. One Mile Approval by City. By the passage of this Ordinance and by the County's passage of a like Ordinance, there is mutual agreement that within one (1) mile of the City of Caldwell's Southern Boundary only, the Caldwell City Subdivision Ordinance shall prevail over the Canyon County Subdivision Ordinance as is provided for in Idaho Code S50 -1306 in those circumstances where the one mile limit exceeds the boundaries of the impact area, except in those instances where there is an overlap with another City that is larger, in which event the jurisdiction of that larger city shall be assumed. Section 7. Availability of Ordinances. True and correct copies of the Ordinances herein referred to shall be on file with the Clerk of the City of Caldwell, the Clerk of the Canyon County Commissioners, the Office of Planning and Zoning Department of the City of Caldwell, and the Planning and Zoning Department of the County of Canyon and are available for public inspection and reference.' Section 8. Severability. If any paragraph, section, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof, is found to be illegal, invalid or unconstitutional by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance or any part thereof. Section 9. Effective date. This Ordinance shall be and is hereby declared to be in full force and effect upon its passage, approval and ORDINANCE - Page 4 publication as provide by law, in one (1) issue of the Idaho Press Tribune. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL this 20th day of D mh , 1994. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL this 20th day of December , 1994. 2, & MAYOR ATTEST: City Clerk ORDINANCE - Page 5