HomeMy WebLinkAboutORD 2924BILL NO.3
ORDINANCE NO. 2924
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 3, SECTION 7 OF THE CALDWELL CITY CODE,
WHICH IS THE PLANNED UNIT DEVELOPMENT ORDINANCE, AND ALSO AMENDING CHAPTER 11 OF
THE CALDWELL CITY CODE WHICH IS THE SUBDIVISION ORDINANCE; 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 10, Article 3, Section 7 of the Caldwell City Code shall be amended as follows
Section 10 -03 -07(3) C. Percentage: No more than thirty percent (30 %) of the total net area net area meanin
the gross acreage less all acreage utilized for public right-of-way dedication and public streets) area of the
planned unit development shall be devoted to a use or uses not permitted or specially permitted in the
underlying zoning classification- except that where any Portion of the subject propeLty has an underlying zonin
classification of R -1, R -2, R -3. R -S -1. and/or R -S -2 or any combination thereof and/or any residential use
regardless of the zoning classification, no industrial. uses shall be allowed as part of the planned unit
development.
Section 2. That Chapter 11 of the Caldwell City Code shall be amended as follows:
Section 11- 01- 03(1)A. Subdivision: The subdivision of a tract of land into more than Gne four lots, parcels or
sites for transfer of ownership or development, whether immediate or future. Any subdivision of said tract shall
require the filing and recordation of a final plat in accordance with the provisions of this chapter.
Section 11- 01- 03(1)E. 5. Simple Lot Splits: Any original lot, parcel, or site that is divided into four or fewer lots,
parcels, or sites for transfer of ownership-or development whether immediate or future. An original lot, parcel, or
site is defined as one that was in existence in its current configuration as of March 18, 2013 and one that is not
a platted lot in a subdivision that was platted anytime after December 31, 2000. Additionally, all resulting_ lots or
parcels shall meet all applicable zoning, lot size, lot density, and setback requirements. The following
procedures shall be followed for a simple lot split:
(A) The applicable application shall be obtained from the planning and zoning department and
submitted for processing along with all required attachments as stated on said application and the applicable fee
as adopted by council through resolution.
(B) Tentative approval needs to be issued by the planning and zoning_ department before the application
process can go any further. All portions of Chapter 10 will be considered for tentative approval. including lot
sizes and dimensions -lot density, land use. and setback reouirements.
(C) Upon tentative approval of the application by the planning and zoning department, the followina
tasks shall be completed within four (4) months of said tentative approval or said approval shall become null and
void:
i. Cause the property to be boundary surveyed.
ii. Submit a caw of the boundary survey map and all resulting legal descriptions to the planning
and zoning department for review by said department, in consultation with the engineering department, to
ensure compliance with the tentative approval, -prior to recordation of either the survey _map or the new deeds.
iii. Upon receiving final approval from the planning _ and zoning department, have the record of
survey recorded and execute and record the necessary deeds to accomplish the simple lot split as approved by
the Dlannina and zoning department.
Ord. No. 2924 (PUD and Subdivision Ordinance 2013 modifications) Page 1 of 2
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2924
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10 OF
CITY CODE REGARDING THE PLANNED UNIT DEVELOPMENT ORDINANCE AND AMENDING
CHAPTER 11 OF CITY CODE REGARDING THE SUBDIVISION ORDINANCE; PROVIDING FOR
AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH.
Section 1: Amends Chapter 10, Article 3, Section 7, of the Caldwell City Code, regarding the Planned Unit
Development ordinance, as follows:
Provides a definition for net area in a planned unit development and prohibits any industrial uses in a planned
unit development where any portion of the subject property is zoned residential or is residential in use.
Section 2: Amends Chapter I 1 of the Caldwell City Code, regarding the Subdivision Ordinance, as follows:
Revises the definition of a subdivision to splitting an original parcel into more than four lots. Defines an original
parcel. Provides that four or fewer lot splits can be accomplished administratively through the simple lot split
application and outlines said process.
Section 3: Repeals conflicting ordinances, resolutions and orders.
Section 4: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and
publication, according to law.
Section 5: Provides for severability.
Ordinance No. 2924 provides an effective date, which shall be when published in the Idaho Press Tribune on the
22n day of April, 2013. Ordinance No, 2924 was passed by the Council and approved by the Mayor on the 15`
day of April, 2013. The full text of the Ordinance is available at the Caldwell City Clerk's Office, 411 Blaine
Street, Caldwell, Idaho. The Mayor and City Council approved the foregoing summary on the 15' day of
March, 20I3 for publication on the 22n day of April, 2013, pursuant to Idaho Code 50 -901 A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR:
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2924 and provides adequate notice to the public as to
the contents of such ordinance. ,
DATED this 15' day of April, 2013
Mark Hilty, Attorney for City of Caldwell
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