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HomeMy WebLinkAboutORD 2241r BELL NO. 20 ORDINANCE NO. 2241 AN ORDINANCE TO AMEND CHAPTER 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING CHANGING THE PLANNING AND ZONING COMMISSION FROM A DECISION - MAKING BODY REGARDING PRELIMINARY PLAT APPROVAL TO A RECOMMENDING BODY: ARTICLE 2, SECTION 11- 02-04, STAGE 2 PRELIMINARY PLAT, SUBSECTION 5A AND 5B BY ADDING AND DELETING CERTAIN LANGUAGE; AND, SECTION 11- 02-04, SUBSECTION 6C AND 6D BY ADDING AND DELETING CERTAIN LANGUAGE: 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 Article 2, Section 11- 02-04, Stage 2, Preliminary Plat, Subsection 5A shall be amended by deleting and adding certain language as follows: At the public hearing, the Planning and Zoning Commission shall consider all relevant evidence and shall eppfave; Keay recommend to City Council that the plat is aouroved or denied or return the plat to the subdivider for modification. The hearing may be continued to the next scheduled Commission hearing, or with the consent of the subdivider, the Commission may continue the hearing for an additional two -week period beyond the next scheduled hearing. Section 2. That Article 2, Section 11- 02 -04, Stage 2, Preliminary Plat, Subsection 5B shall be amended by deleting and adding certain language as follows: Factors to be considered by the Planning and Zoning Commission in recommending approval or denial shall be compatible with the Comprehensive Plan, and in compliance with the standards and objectives set forth in this Chapter, and the City of Caldwell Zoning Ordinance. Section 3. That Article 2, Section 11- 02 -04, Subsection 6C, shall be amended by deleting and adding certain language as follows: In the case of preliminary plat approval for phased development, the subdivider shall submit a development schedule to the Planning and Zoning Commission at the time of seeking preliminary plat approval. The development schedule shall set forth a time frame for final plat application for each phase. Approval of the development schedule shall be valid for twelve (12) months from the date of Gen Bien Council action. Failure to obtain final plat approval for each phase and to record the final plat as set forth in the approved development schedule, shall cause preliminary plat approval to become null. and void, unless a one (1) year time extension of the development schedule is granted by the City Council following the public hearing process. It shall be understood thgthe granting of a one- (1) year time extension of the development schedule itself constitutes a one- (1) year time extension for each phase. No further extensions shall be permitted, unless otherwise granted by the City Council following the public hearing process. Section 4. That Article 2, Section 11- 02 -04, Subsection 6D, shall be amended by deleting and adding certain language as follows: In the case of preliminary plat approval of developments that exceed five (5) phases, the Planning and Zoning Commission may pre1Wmiaadly appfeve recogimend to City Council that prelimiMgRRLoval of the first five (5) phases be granted and a recommend that the subdivider be rMired to submit respective preliminary plat requests for each of the remaining phases. Section 5. 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, IDAHO, this day of August , 1998. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 3rd day of August ,1998. ATTEST: . ul Mayor Nancolas f City Cleric Beftylo Keller �` 4