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Home My WebLink AboutORD 3346BILL NO. 26 ORDINANCE NO. 3346 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 10, ARTICLE 10, SECTION 10-10-01 OF THE CALDWELL CITY CODE, PERTAINING TO TRAFFIC IMPACT STUDY REQUIREMENTS; AMENDING TITLE 10, ARTICLE 10, SECTION 10-10-02 OF THE CALDWELL CITY CODE, PERTAINING TO APPEALS FROM DECISIONS RELATED TO TRAFFIC IMPACT STUDIES; 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 10, Section 10-10-01 of the Caldwell City Code, pertaining to traffic impact study requirements, be amended as follows: SECTION: 10-10-01: Traffic Impact Study Requirements Traffic impact study, intersection study, master plan policies, and related transportation matters. (1) Traffic Studies: E. Traffic Impact Studies Criteria: The Ceity of Caldwell must consider the impacts of a proposed development on property and transportation facilities. Therefore, a traffic impact study will be required if the proposed development generates 100 or more peak hour vehicle tris _ ; more than thirty thousand (30,000) square feet of commercial use; or more than fifty thousand (50,000) square feet of industrial use. Institutional reviews will be required based upon the City's experience with other like operations or from information provided by other jurisdictions in this region. The City may require an impact study, even if the aforementioned criteria are not exceeded to resolve unique circumstances. The City may also waive the requirement if, in the City's opinion, there are no traffic issues to resolve. The type of land use and the trips generated will be determined using the Institute of Transportation Engineers' (ITE) publication: "Trip Generation _ An Information Report." Typical uses within the commercial, industrial and institutional categories include (but are not limited to): Commercial: Business park. Indoor theater. Office building. Restaurant. Retail store. Shopping center. Supermarket. Industrial: Heavy industry. Industrial park. Light industrial. Manufacturing. Truck/bus terminal. Utility plant. Warehousing. Institutional: College/university. Hospital/nursing home. Library. Military base. Place of worship. Prison. School. The term "dwelling units" used in this policy includes units associated with hotel, motels and private homes or apartments. The Ceity will consider proposed developments of other types not listed above and decide the need for a traffic impact study on a case-by-case basis. The developer of a proposed large-scale development should review the project with the Ceity Eengineering staff before submitting a preliminary plat application. The eCity will decide at that time whether a traffic impact study will be required and set the study parameters. With the developer's approval, and at the developer's expense, the City will then initiate the Traffic impact study with a traffic consultant off the City's Approved Consultant list. The *-^f ^ impao sWdy will be sa-lb-m-Wed- 40144h the prelimitiai-y plat applieatien, er ether applieable appheation, wiless the engineering department. The impact study area shall include all roadways and intersections directly joining the proposed development. It shall include other roadways and intersections that the eCity believes are affected by traffic generated by the proposed development. (12) Traffic Impact Mitigation: The applicant shall be responsible for assuming a proportionate share of the design, construction, installation and inspections associated with remediating the traffic impacts identified by the study and/or as identified by the city engineer in his/her review and analysis of said stud5 the proposed development and surroundingtraffic affc patterns. Traffic impact mitigation shall be addressed according to the time frame identified in the traffic study and/or as identified by the city engineer c lleiying h:. he.. «eview 0 said -study and shall be required for any evelopment that is estimated to exceed 500 vehicle trips per du, regardless of whether a traffic impact study has been conducted or not. If a traffic impact study has not been conducted, the vehicle trips per day for a development shall be estimated using the most current edition of the ITE "Trip Generation" handbook. The applicant may be allowed, at his/her option, to contribute monies in lieu of construction, but the basis for the obligation is for construction. Monetary contributions must be made at a level commensurate with costs to construct the same by the city and as estimated by the city. The alternate provision for payment of money is not a requirement, is for the benefit and convenience of the applicant only and does not constitute an impact fee. If the traffic mitigation should be deferred the applicant shall deposit funds in the roadway trust fund, sufficient to cover the determined proportional traffic impact cost. Section 2. That Chapter 10, Article 10, Section 10-10-02 ofthe Caldwell City Code, pertaining to appeals from traffic impact study requirements, be amended as follows: 10-10-02: APPEALS: OF theif elkMiges that Fight, timely, by filifig an appeal-. (2) Appeals to the City Council shall be processed as contested case Rursuant to Caldwell City Code Chapter 1. Article 5. Section 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 4. 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 cant' out the purposes of the ordinance before the declaration of partial invalidity. Section 5. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. ) PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this I"ri'ay of ,39i�1. 2021, APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this eJay of S��n�l ,2919' Z.OLI. ATTEST: Chris Allgood ,•'��„ City Clerk (or Deputy) City Council President •..•`gyp Cq ��'• c° 0 lgry 1. ' /890 f •• 1 O .'•. UNT'I ..• 0 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF BILL 26 ORDINANCE NO. 3346 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 10, ARTICLE 10, SECTION 10-10-01 AND 10-10-02, OF THE CALDWELL CITY CODE, PERTAINING TO TRAFFIC IMPACT STUDY REQUIREMENTS AND PROCEDURES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABH,ITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Amends Chapter 10, Article 10, Section 10-10-01, Caldwell City Code, by modifying the trigger mechanism for traffic impact studies. Section 2: Amends Chapter 10, Article 10, Section 10-10-02, Caldwell City Code, by updating the appeal procedure for administrative decisions made related to traffic studies. Sections 3 through 5: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3346 provides an effective date, which shall be on the 25th day of May, 2021. Ordinance No. 3346 was passed by the Council and approved by the Mayor on the 17th day of May, 2021. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 171 day of May, 2021, for publication on the 25th day of May, 2021, pursuant to Idaho Code § 50-901A. Chris Allgood, Council President 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. 3346 and provides adequate notice to the public as to the contents of such ordinance. DATED this 17 yo 021. Douglas W an ity of Caldwell MEMORANDUM TO: Caldwell City Council Meeting Date May 17, 2021 AGENDA ITEM INFORMATION Amend Caldwell Ci Code ter Articlemark ry CdCha 10 1> > Ail10 > section I and Chapter 10. Article 10, section 2 Department Submittals X to Initials Buildin Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department WWTP Engineering X Mapping COSTIMPACT, Parks and Recreation FUNDING SOURCE. Airport Information Systems TIMELINE: Golf Course OTHER: SUMMARY STATEMENT: Amend section 10-10-01 of Caldwell City Code pertaining to traffic impact study and mitigation requirements. Amend section 10-10-02 of Caldwell City Code pertaining to appeals from decisions as outlined in 10-10-01. RECOMMENDED ACTION.• It is the recommendation of the City Engineer that City Council approve the amendment to the Caldwell City Code providing an effective date and repealing all ordinances, resolutions and orders that are in conflict.