The URL can be used to link to this page

Home My WebLink AboutORD 3330BILL NO. 10 ORDINANCE NO. 3330 AN EMERGENCY ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, ARTICLE 3, SECTION 10-03-I1, OF THE CALDWELL CITY CODE, AMENDING CERTAIN DEFINITIONS APPLICABLE TO ZONING WITHIN THE CITY OF CALDWELL; AMENDING CHAPTER 10, ARTICLE 12, SECTION 10-12-02, MODIFYING THE APPLICABILITY OF THE CITY CENTER DISTRICT ZONING REGULATIONS TO ALIGN WITH THE NEW DEFINITIONS IN 10-03-11; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. WHEREAS, there are currently no parking requirements in the City Center Zoning District for residential developments; and, WHEREAS, the original intent of the zoning ordinance was not to allow multi -family development to not provide parking for residents, which is the present condition of said ordinance; and, WHEREAS, the current situation has the potential to create serious parking issues in the City Center Zoning District, resulting in harm to the general welfare of the citizens of Caldwell and the future of development in the City Center Zoning District; and, WHEREAS, the foregoing constitutes an imminent peril to the public welfare and requires adoption of an emergency ordinance to remedy the same; and, WHEREAS, to ensure clarity for the application of parking requirements, certain designations and definitions for the City Center District, Central Business District, City Center Historic District, and Indian Creek Corridor need to be amended; and, WHEREAS, the City Council is authorized, pursuant to Idaho Code § 67-6523, to adopt emergency ordinances upon any abbreviated notice of hearing that it finds practical, to adopt the ordinance or moratorium; and, WHEREAS, an emergency ordinance may be effective for a period of not longer than one hundred eighty-two (182) days. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That an emergency is hereby proclaimed for the purposes of Idaho Code §§ 67-6523 and 50-901 based upon the imminent harm to the general welfare of the citizens of Caldwell and the future development in the City Center Zoning District posed by the current absence of residential parking requirements; and: Ord. No. 3330 - Page 1 Section 2. That Chapter 10, Article 3, Section 10-03-11, of the Caldwell City Code, is hereby temporarily amended as follows: 10-03-11: DEFINITIONS: For the purpose of this chapter, certain terms are defined as set forth herein. All words in the present tense include the future tense. The plural includes the singular, and all words in the singular include the plural unless the nature of construction of the sentence indicates otherwise. The word "shall" means something is mandatory. CENTRAL BUSINESS DISTRICT (CBD): The area leeated between Sth Avenue, 10th AVeflue, Union ion Pani fie Railroad,and lath ., Gfeek i Elewate A !`..l,7...,.,, The CENTRAL BUSINESS DISTRICT (CBD), downtown, is the commercial and business centre of a city and is bounded by the Union Pacific Railroad tracks to the north, 12th Street to the east, Grant Street to the south, Paynter to the North, Simplot Blvd. to east and ending at the Union Pacific Railroad tracks CITY CENTER IiISTORIC DISTRICT, BOUNDARIES: Approximately, the half -block bounded by Seventh, Main and Kimball streets and the alley between Main and Arthur streets and adjoining buildings facing Seventh or Kimball. Shown more specifically in IMAGE #10.3.11.1 below: IMAGE #10.3.11.1 ®� RAILROAD ST. ' I I I I I a I I I J I 4 MAIN ST. > � I J S b� 1 1 LUJ Itu I h Y I ALLEY.... ... ARTHUR ST Ord. No. 3330 - Page 2 I is 1 Ujzz rA This district is registered with the National Register of Historic Places. Any development within said district must comply with the federal regulations related to said district, as they ay from time to time exist. Inquiries concerning said regulations may be directed to the Idaho State Historic Preservation Office (SHPO). CITY CENTER ZONING DISTRICT, BOUNDARIES: All of that area included within the following boundaries: Starting at the intersection of S 5 h Ave and the Union Pacific Railroad Main T ina than cnnth-avaef nn Q nth Ava 4n tha in4n.mn4i..n i I Q Cth A— --A T -A:..., 0......1. +L -- ..,...�L. west along the Union Pacific Railroad Main Line to the point of beginning_ INDIAN CREEK CORRIDOR DISTRICT. BOUNDARIES: Land in proximity to Indian Creek as it flows through Caldwell. The corridor extends outward a distance of one hundred fifty feet (150') from the banks' high water mark. Any portion of a piece of property that exists within the one hundred fifty feet (150') from the banks' high water mark classifies the entire piece of property as existing completely within the Indian Creek corridor and thus having to comply with all rules relating to development within the Indian Creek corridor. Landscaping plans submitted within said corridor are subject to landscape plan design review. Section 3 That Chapter 10, Article 12, Section 10-12-02, of the Caldwell City Code, is hereby temporarily amended as follows: 10-12-02: APPLICABILITY: The city center district regulations and use designations found in this Chapter 10 Article 12, shall apply to the area defined in Caldwell City Code & 10-03-11 as the Central Business District (CBD). Residential uses in the CBD zone shall also be subject to the requirements set forth for the R-3 Zone. Section 4. This ordinance shall be in full force and effect from and after its passage, approval, and posting, according to Idaho Code § 50-901, for a period of one hundred and eighty- two (182) days. Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Ord. No. 3330 - Page 3 Section 6. All ordinances, resolutions, orders and parts thereof in conflict herewith are suspended until such time as this ordinance shall expire. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15`h day of March, 2021. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 150' day of March, 2021. ATTEST: U4� Mayor Garret Nancolas City Clerk (or Deputy) o`�•OF -AC Gam. 3cospo�TE's�l Ord. No. 3330 - Page 4 CALDWEII MEMORANDUM TO: FILE FROM: Debbie Geyer, Caldwell City Clerk DATE: March 16, 2021 RE: CITY OF CALDWELL ORDINANCE NO. 3330 AFFIDAVIT OF POSTING This is verify that Ordinance No. 3330 (Approved by Caldwell City Council on March 15, 2021) has been posted in at least five (5) public places within the City of Caldwell City Limits, pursuant to Idaho Code 50- 901. 1) Caldwell City Hall (411 Blaine Street) 2) Caldwell Development Services (621 Cleveland Boulevard) 3) Caldwell Public Library (1010 Dearborn Street) 4) Caldwell Veteran's Hall (1101 Cleveland Boulevard) 5) Canyon County Courthouse and Administrative Building (1115 Albany Street — and 111 North 111h Avenue) Signed: LA , Debbie Geyer v Caldwell City Clerk State of Idaho) County of Canyon) On this tia3ay of March, in the ear 2021, before me Q( a Notary Public, personally appeared 1 el known or identified to me to be the person who name is sub ribed to the instrument, and acknowledged to me that she/he executed the same by affixing their signature thereto. . ,a VD t•G��A ' K .,•o d. '� ••RY••• � f•�P PG '.'2 Notary Pub t .'20 m� _ ' 11��1�0�� _ • r�M, � 71»IUN My commission expires N11AIHER ., ��••. 64114 ,i 0