HomeMy WebLinkAboutORD 3379BILL NO.60
ORDINANCE NO.3379
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 11, ARTICLE 3, CHAPTER 11-03-02 OF THE CALDWELL CITY CODE,
CONTAINING STREET REQUIREMENTS FOR SUBDIVISIONS IN THE CITY OF
CALDWELL; AMENDING CHAPTER 10, ARTICLE 3, SECTION 10-03-07, OF THE
CALDWELL CITY CODE, PERTAINING TO PLANNED UNIT DEVELOPMENTS;
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 3, Section 11-03-02, of the Caldwell City Code is
hereby amended as follows:
11-03-02: Street Requirements:
(15) Private Street:
(A): Where Permitted: Private streets may only be permitted in subdivisions developments
that are planned unit developments that are wholly commercial or industrial in zening-euse or
that are a mixture of commercial and industrial sew er- use and are strictly prohibited otherwise,
without exception. For the purpose of this subsection 11-03-02(15)(A), multi -family uses are not
commercial uses.
Section 2. That Chapter 11, Article 3, Section 11-03-02, of the Caldwell City Code is
hereby amended as follows:
11-03-02: Street Requirements:
(14) Common Driveways:
A. Common driveways shall be a minimum oftwenty � ,,.. fee twenty-six feet (26') in
width and shall serve no more than six (6) residential units that do not front a public street six-(6)
buildable lots and shall serve no more than three commercial or industrial lots.
B. Common driveways shall be a maximum of one hundred fifty feet (150') in length.
C. Common driveways shall be paved with a surface with the capability of supporting two (2)
axled vehicles and fire equipment, at a minimum seventy-five thousand (75,000) pounds.
D. Unless limited by a significant geographical feature, or separated by a minimum five foot (5')
wide landscaped common lot, all lots that abut a common driveway shall take access from the
driveway not the public street.
E. Common driveways shall be straight or provide a minimum twenty-eight foot (28') inside and
forty-eight foot (48') outside turning radius.
F. For any lots using a common driveway, the setbacks, dimensioned building envelope, and
orientation of the lots and structures to the driveway shall be shown on the preliminary plat for
those lots. and as an exhibit with the final plat application.
G. Common driveways shall not require curb, gutter or sidewalks on either side of the length of
the common driveway by default, but they ma be required on one side of a common driveway
as a condition of development.
H. Common driveways shall be identified and platted as common lots to be owned and
maintained by a homeowners' or business owners' association or as perpetual ingress -egress
easements to be maintained by a homeowners' or business owners' association and shall be so
indicated by note on the final plat.
I. No parking shall be permitted on common driveways.
J. The public street frontage requirement for lots utilizing a common driveway is not applicable.
Lots utilizing a common driveway shall be addressed pursuant to Caldwell City Code Section
05-07-05 .,g of the ,.,,, lie street f ,..,, .,,high the eamr-non driveway .
Section 3. That Chapter 10, Article 3, Section 10-03-07, of the Caldwell City Code is
hereby amended as follows:
10-03-07: Planned Unit Developments:
(3) Development Standards: The planning and zoning commission and the city council
shall consider approval of planned unit developments in accordance with the following
standards:
M. Access: All lots developed as single-family residential lots for- residentialpurposes
shall front or shall have frontage along a public roadway or common driveway. All other lots
developed for residential purposes shall front a public roadway, or shall utilize common
driveways as regulated by Caldwell City Code Section 11-03-02, or shall comply with Caldwell
City Code Section 10-14-01.
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
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.
Section 6. All ordinances, resolutions, orders and parts thereof in conflict herewith
are repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 20TH day of
DECEMBER, 2021.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 20TH day of
DECEMBER, 2021.
Mayor Garret Nancolas
•••`of , CAC
G��.2oo�OR9oc� a��,
o =
• !AN IS e
�(j• e
9 • • O =
�:,o..:syo•,. oQ�,:
CbUNC`t ,
,����nnee,e,ee
ATTEST:
City Clerk (or Deputy)
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3379
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
11, ARTICLE 3, CHAPTER I1-03-02 OF THE CALDWELLI CITY CODE, CONTAINING
STREET REQUIREMENTS FOR SUBDIVISIONS IN THE CITY OF CALDWELL; AMENDING
CHAPTER 10, ARTICLE 32 SECTION 10-03-07, OF THE CALDWELL CITY 'CODE,
PERTAINING TO PLANNED UNIT DEVELOPMENTS; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR SEVERABILITY, AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
Sections 1 and 2: Amends Chapter 11, Article 3, Section 11-03-02(15)(A) and 11-03-02(14) A 7, of the
Caldwell City Code, pertaining to Private Streets and Common Driveways.
Section 3: Amends Chapter 10, Article 3, Section 10-03-07, of the Caldwell City Code, at Subsection
(3)(Ivl) thereof, pertaining to access development standards allowing for flexibility for design with regards
to street frontage and residential units.
Sections 4 through 6: 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. 3379 provides an effective date, which shall be on the 280, day of December, 2021.
Ordinance No.-3379 was passed by the Council and approved by the Mayor on the 201h day of December,
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 20th day of December, 2021,
for publication on the 291 day of December, 2021, pursuant to Idaho Code § 50-901A.
Mayor Garret 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. 3379 and provides
adequate notice to the public as to the contents of
such ordinance.
DATED this 20th day of D er, 2021.
Mark Hilty, AttdT4exf9PCity of Caldwell