HomeMy WebLinkAboutORD 3328BILL NO. 8
ORDINANCE NO. 3328
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 11, ARTICLE 2, SECTION 11-02-03, OF THE CALDWELL CITY CODE,
CONCERNING PRELIMINARY PLAT EXTENSIONS AND RENEWALS; 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 11, Article 2, Section 11-02-03 of the Caldwell City Code is
hereby amended as follows:
11-02-03: REVIEW AND HEARINGS:
(1) Preliminary Plat Review and Hearings:
F. Preliminary Plat Expirations and Time Extensions:
1. Preliminary plat approval is valid for twenty-four (24) months from the date of
signature on the approving order of decision, meaning a final plat must be recorded
within twenty-four (24) months of the date of signature on the approving order of
decision for the preliminary plat.
2. One administrative time extension of up to eighteen (18) months may be authorized
by the planning and zoning director and the publ"e wow- s dir-eete city en ineer following
applicant's submittal of an application requesting a time extension prior to the expiration
date of the preliminary plat and along with submittal of the applicable fee as adopted by
council through resolution. If an administrative time extension is denied, the applicant
may appeal the decision to the council and follow the process as outlined in section 10-
03-03 of this code. Administrative time extensions shall not be granted for plats that have
become invalid. Criteria for an extension shall be the same as in subsection (F)(3)(A)
through (F)(3)(D) below.
3. All time extensions following the one-time administrative time extension shall be
approved by the council. Time extension requests before council are heard through the
public hearing process as outlined in section 10-03-03 of this code. Time extensions
approved by council are valid for up to twenty-four (24) months. There shall be no limit
to the number of time extensions that the council may approve. No preliminary plat shall
be granted an extension if it has become invalid or if there are any outstanding city code
violations on the subject property.
The council shall approve, approve with conditions or deny time extension requests for
preliminary plats and shall make findings based upon the following:
(A) There afe ne eutstandin eity ade violations on the ubjeet « efty;
(13)The preliminary plat, as previously approved, is still in the best interests of the
safety, health and general welfare of the city;
(13G) There have been no significant changes to city code between the date of
preliminary plat approval and the application date of the time extension request
that would require substantial modifications to the lot layout.
(C) Any modifications to the layout and design of the originallyapproved
preliminary plat are minimal.
(D) The preliminary plat still conforms with new or amended development master
plans, including, but not limited to: public facilities plans, pathways and bike
routes plans, parks and recreation master plans.
4. One administfativ preliminary plat renewal of up to eighteen (18) months may be
authorized by the City Council
direeter for all expired preliminary plat approvals that have explired priorr.,nuaF.. ,
2043. No preliminary plat renewal shall be granted if there are any outstanding City Code
violations on the subject property_The City Council
shall consider approval of said administrative renewal in
accordance with the folio -Ain g criteria -listed in subsection (17)(3)(A) through (F)(3)(D)
above. No renewal shall be granted for any expired plat that was originally approved ten
(10) years or more prior to the date of the application for renewal.
Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. 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.
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Section 2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. 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.
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 3`d day
of May, 2021.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 3rd
day of May, 2021.
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ATTEST:
City Clerk (or Deputy)
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3328
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 11, ARTICLE 2, SECTION 11-02-03, OF THE CALDWELL CITY CODE,
CONCERNING PRELIMINARY PLAT EXTENSIONS AND RENEWALS; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING
ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN
CONFLICT HEREWITH.
Section 1: Includes revisions to the Caldwell Zoning Ordinance, located in Chapter 11 of the Caldwell City
Code, at Article 2, Section 11-02-03 regarding process, timing and approvals of Preliminary Plat Time
Extensions.
Sections 2 and 3: Full force and effect and severability clauses and provisions for repealing of all
documents in conflict herewith.
Ordinance No. 3328 provides an effective date, which shall be when published in the Idaho Press Tribune
on the I l I day of May, 2021. Ordinance No. 3328 was passed by the Council on the 31 day of May, 2021.
The full text of the Ordinance is available at Caldwell Planning & Zoning Department, 621 Cleveland
Boulevard, Caldwell, Idaho. The City Council approved the foregoing summary on the 3' day of May,
2021 for publication on the I II day of March, 2021, pursuant to Idaho Code 50-901 A.
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and
believe that it provides a true and complete
summary of Ordinance No. 3328, and provides
adequate notice to the public as to the contents of
such ordinance.
DA t 3rd day of May, 2021
Mar ilty, Attorney for City of Caldwell