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HomeMy Public PortalAboutORD 248-12-20_Public Hearing Requirements_12152020Instrument N 1669840 Bonneville County Idaho Falls, Idaho 01/07/2021 02:15:39 PM No. of Pages: 9 Recorded for: CITY OF IONA Penny Manning Fee: $0.00 Ex -Officio Recorder Deputy Index to: ORDINANCE ORDINANCE NO. 248-12 20 AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 10-1-7, 10-1-8, 11-8-4, 11-14-1, AND 11-14-3 OF THE IONA CITY CODE; CLARIFYING PUBLIC HEARING REQUIREMENTS AND THE CONDUCT OF HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Amendment of Section 10-1-7 of the Iona City Code. Section 10-1-7 of the Iona City Code is amended as follows: 10-1-7: PRELIMINARY PLAT APPROVAL PROCESS. (A) Action by City Clerk. Once the appropriate Completed Application for approval of a Preliminary Plat and required fees have been submitted, the City Clerk shall: (1) Cause the consideration of such Completed Application to be placed on the agenda of the Commission's next meeting that is at least twenty-five days after the date of submission, unless otherwise requested by the Applicant; (2) Cause the consideration of such Completed Application to be placed on the agenda of the Council's next meeting after the meeting at which the Commission will consider such Completed Application; and Cause arrangements to be made to provide notice, in the manner required by law, of fa) the publie-heaings meeting relating to the consideration of such Completed Application before the Commission and (b) the public hearing relating to the consideration of such Completed Application before the Council -in -the -manner required -by-law. (4) Forward copies of the Completed Application to the Mayor, each member of the Council, each member of the Commission, the City Public Works Director, the City Engineer, the City Attorney, and other City staff as the Mayor shall direct. (B) Commission Consideration. At the meeting at which the Commission considers such Completed Application, the Commission shall review the Completed Application —including the Preliminary Plat to determine its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all applicable federal, state, or local (3) laws. The Applicant, Developer, and/or Owner may (but is not required to) address the Commission to present additional evidence, answer questions from the Commission members, or make any other statement relevant to the Completed Application under consideration. The Commission may (but is not required to) allow interested persons to address the Commission in relation to the Completed Application under consideration. The Commission shall prepare a written recommendation on such Completed Application and cause its written recommendation to be forwarded to the Council before the meeting at which the Council considers the Completed Application. (C) Council Consideration. The Council shall conduct a public hearing in which interested persons shall have an opportunity to be heard in relation to the Completed Application. At the meeting at which the Council considers such Completed Application, the Council shall consider the Commission's written recommendation and review the Completed Application —including the Preliminary Plat to determine its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. (D) Council Action. Within 60 days after the date of the Council meeting at which the Completed Application was first submitted, the Council shall complete its consideration and review and shall either (a) approve, (b) conditionally approve, or (c) disapprove of the Preliminary Plat and Completed Application. (1) If the Preliminary Plat is approved, the Council shall advise the Developer in writing of the Council's approval. (2) If the Preliminary Plat is conditionally approved, the Council shall advise the Developer in writing of the conditions under which the approval is to be granted and, upon Developer's complete compliance with those conditions and the Developer's written certification of such compliance, the Preliminary Plat shall be deemed approved. (3) If the Preliminary Plat is disapproved, the Council shall advise the Developer, in writing, of the reasons for denial of the Application. (E) Expiration of Approval. (1) Approval of a Preliminary Plat shall expire at such time as the Council may specify or, if no other time is specified by the Council, one year after such Preliminary Plat is approved. (2) Provided, in the event a Final Plat relating to the same Development depicted on such Preliminary Plat has been approved by the Council before the expiration of the approval of the Preliminary Plat, the approval of the Preliminary Plat as to any area of the Development not included within the Final Plat shall be deemed renewed for one year after such Final Plat is approved unless otherwise specified by the Council. (3) Notwithstanding the above provisions, the Council may specify another expiration date for its approval of any Preliminary Plat, but the Council may not set the expiration of such approval any later than one year after the approval of the Preliminary Plat or approval of a Final Plat. Upon request of the Developer, the Council may extend its approval for a period of not to exceed one year from the date of the initial approval of the Preliminary Plat or Final Plat, as the case may be. (4) The Council shall advise the Developer of the expiration date of the Preliminary Plat at the time it approves any request for sectionalization. Section 2. Amendment of Section 10-1-8 of the Iona City Code. Section 10-1-8 of the Iona City Code is amended as follows: 10-1-8: FINAL PLAT APPROVAL PROCESS. (A) Additional Application Requirements for Approval of a Final Plat. Following the approval of the Preliminary Plat, as the case may be, the Developer may file with the City Clerk an Application for approval of a Final Plat. Such Completed Application shall, in addition to all general requirements of a Completed Application, contain the following: (1) A Completed Application requesting approval of the final plat in the appropriate form prepared by the City Clerk, including a request for annexation or zoning, if appropriate; (2) Proof of current ownership of the real property included in the proposed Final Plat; (3) Development street and utility improvement drawings prepared in accordance with generally accepted engineering practices, the requirements of this Iona Subdivision Ordinance, the Subdivision Directives, and any Subdivision Policy adopted by the Council; (4) A copy of a proposed Subdivision Agreement; (5) Copies of any easements or other covenants which run with the land; (6) Proof of payment of all fees prescribed by City ordinance; and (7) Any other maps, data, or information deemed necessary by the City Engineer to determine compliance with the provisions of this chapter. (B) Action by City Clerk. Once the appropriate Completed Application for approval of a Final Plat and required fees have been submitted, the City Clerk shall: (1) Cause the consideration of such Completed Application to be placed on the agenda of the Commission's next meeting that is at least twenty-five days after the date of submission, unless otherwise requested by the Applicant; (2) Cause the consideration of such Completed Application to be placed on the agenda of the Council's next meeting after the meeting at which the Commission will consider such Completed Application; and Cause arrangements to be made to provide notice, in the manner required by law, of (a) the public hearings meeting relating to the consideration of such Completed Application, including any request for annexation or zoning, before the Commission and fb) the public hearing relating to the consideration of such Completed Application, including any request for annexation or zoning, before the Council in the manner required by law. (4) Forward copies of the Completed Application to the Mayor, each member of the Council, each member of the Commission, the City Public Works Director, the City Engineer, the City Attorney, and other City staff as the Mayor shall direct. (C) Commission Consideration. At the meeting at which the Commission considers such Completed Application, the Commission shall review the Completed Application —including the Final Plat to determine its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. The Applicant, Developer, and/or Owner may (but is not required to) address the Commission to present additional evidence, answer questions from the Commission members, or make any other statement relevant to the Completed Application under consideration. The Commission may (but is not required to) allow interested persons to address the Commission in relation to the Completed Application under consideration. The Commission shall prepare a written recommendation on such Completed Application and cause its written recommendation to be forwarded to the Council before the meeting at which the Council considers the Completed Application. (D) City Engineer's Consideration. The City Engineer shall, with the assistance of a surveyor as necessary, review the Completed Application —including the Final Plat —to determine its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. The City Engineer shall prepare a written recommendation on such Completed Application and cause its written recommendation to be forwarded to the Council before the meeting at which the Council considers the Completed Application. (E) Council Consideration. The Council shall conduct a public hearing in which interested persons shall have an opportunity to be heard in relation to the Completed Application. At the meeting at which the Council considers such Completed Application, the Council shall consider the Commission's written recommendation, the City Engineer's written recommendation, and review the Completed Application —including the Final Plat —to determine its compliance with this Iona Subdivision Ordinance; the Comprehensive Plan; and all applicable federal, state, or local laws. The Council may, in accordance with the public notice provided as required by law, simultaneously consider a request for (3) annexation, zoning, rezoning, and/or amendment of the Comprehensive Plan relating to the same property. (F) Council Action. Within 60 days after the date of the Council meeting at which the Completed Application was first submitted, the Council shall complete its consideration and review and shall either (a) approve or (b) disapprove of the Final Plat and Completed Application; provided, however, that the Developer may request that the matter be recessed, and in such event, the 60 -day period shall not commence running until the matter is again considered by the Council. (1) If the Final Plat conforms to the provisions of this Iona Subdivision Ordinance and all other applicable federal, state, or local laws, the Council shall approve the Final Plat and authorize the Mayor and City Clerk to sign the original Final Plat. If the Final Plat is approved, the Council shall advise the Developer in writing of the Council's approval. (2) If the Final Plat is disapproved, the Council shall specify, in writing, the ordinances and standards used in evaluating the Completed Application, and its reasons for denial thereof and the actions, if any, that the Applicant may take to obtain their approval. (G) Recording of Final Plat. All Final Plats shall be recorded within 90 days after approval by the Council, unless an extension of time is granted by the Council. If the Final Plat is not recorded within the specified time because of the Developer's failure to meet the requirements specified herein, the Council may rescind its approval of the Final Plat. Section 3. Amendment of Section 11-8-4 of the Iona City Code. Section 11-8-4 of the Iona City Code is amended as follows: 11-8-4: CONSIDERATION AND NOTICE OF APPLICATION FOR CONDITIONAL USE PERMIT AND PLACE. (A) Process of Consideration. Prior to granting a conditional use permit, the application shall be considered by the Planning and Zoning Commission and at least one (1) public hearing in which interested persons shall have an opportunity to be heard shall be held before the City Council. (B) Planning and Zoning Commission Consideration. At the meeting at which the Planning and Zoning Commission considers the application for conditional use permit, the Planning and Zoning Commission shall review the application to determine its compliance with the Zoning Map; the Comprehensive Plan of the City; this Chapter 11 of the Iona City Code; and all applicable federal, state, or local laws. The person submitting the application may (but is not required to) address the Planning and Zoning Commission to present additional evidence, answer questions from the Planning and Zoning Commission members, or make any other statement relevant to the application under consideration. The Planning and Zoning Commission may (but is not required to) allow interested persons to address the Planning and Zoning Commission in relation to the application under consideration. The Commission shall prepare a written recommendation on such application and cause its written recommendation to be forwarded to the City Council before the meeting at which the City Council considers the application. (C) Notice of Public Hearing. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published by the City in the official newspaper or paper of general circulation within the jurisdiction or in any other manner as allowed by state statute. Notice may also be made available to other newspapers, radio or television stations serving in the jurisdiction for use as a public service announcement utility. Notice of such application shall also be sent to all utilities providing utility services, which notice shall be mailed at least fifteen (15) days prior to the public hearing. Notice of the hearing shall also be provided by the applicant by regular mail to property owners and residents within the land being considered, and within three hundred (300) feet of the external boundaries of the land being considered, and any additional area that may by substantially impacted by the proposed conditional use as determined by the Council. by the City. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mailing notification, x(3) notices in the newspaper or paper of general circulation is sufficient; provided, the third notice is published at least ten (10) days prior the public hearing. The applicant shall certify to the City that this notice has been given in the manner required by the City and applicable law. (D) City Council Consideration. The City Council shall conduct a public hearing in which interested persons shall have an opportunity to be heard in relation to the application for conditional use permit. At the meeting at which the City Council considers such application, the City Council shall consider the Planning and Zoning Commission's written recommendation and review the application to determine its compliance with the Zoning Map; the Comprehensive Plan of the City; this Chapter 11 of the Iona City Code; and all applicable federal, state, or local laws. Section 4. Amendment of Section 11-14-1 of the Iona City Code. Section 11-14-1 of the Iona City Code is amended as follows: 11-14-1: ADMINISTRATIVE PROCEDURES. Upon receipt of an application for a variance, the City Clerk shall forward the application to the chairperson of the Planning and Zoning Commission and the City Council; cause the consideration of such application to be placed on the agenda of the Planning and Zoning Commission's next meeting that is at least twenty-five days after the date of submission, unless otherwise requested by the applicant; cause the consideration of and public hearing regarding such application to be placed on the agenda of the City Council's next meeting after the meeting at which the Planning and Zoning Commission will consider such application; cause arrangements to be made to provide notice, in the manner required by law, of the meeting relating to the consideration of such application before the Planning and Zoning Commission; and cause arrangements to be made to provide notice, in the manner required by law, of the public hearing relating to the consideration of such application before the City Council. Upon receipt thereof, such chairperson shall f llow the tifcation and public hearing requirements specified in Title 67 of Idaho Code. All applications must be signed by all property owners in question. All applications for a variance shall include therein the names and mailing address of all property owners located within three hundred (300) feet of the property for which the variance is requested. Section 5. Amendment of Section 11-14-3 of the Iona City Code. Section 11-14-3 of the Iona City Code is amended as follows: 11-14-3: CONSIDERATION BY THE PLANNING AND ZONING COMMISSION. At the hearing bcforemeeting at which the Planning and Zoning Commission considers the application for a variance, the applicant shall submit proof of his or her r l > a l th * a bmit test . and evidence concerning the applicant's eligibility and qualification for a variance. At the conclusion of the hearing, the Planning and Zoning Commission shall issue its recommendation to the city council the Planning and Zoning Commission shall review the application to determine its compliance with the Zoning Map; the Comprehensive Plan of the City; this Chapter 11 of the Iona City Code; and all applicable federal, state, or local laws. The person submitting the application may (but is not required to) address the Planning and Zoning Commission to present additional evidence, answer questions from the Planning and Zoning Commission members, or make any other statement relevant to the application under consideration. The Planning and Zoning Commission may (but is not required to) allow interested persons to address the Planning and Zoning Commission in relation to the application under consideration. The Commission shall prepare a written recommendation on such application and cause its written recommendation to be forwarded to the City Council before the meeting at which the City Council considers the application. If the Commission recommends denial of the variance, the Commission shall specify in writing the reasons why the variance was recommended for denial. The Chairman of the Planning and Zoning Commission shall promptly forward h t, ndation to the City Clerk Section 6. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text, being stricken through in its prior position. Section 7. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution, punishment, and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 8. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 9. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this Cam" day of , , 2020. Dan Gubler Mayor ATTEST: /11/0 Keri West City Clerk STATE OF IDAHO ) )ss. County of Bonneville ) I, KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTIONS 10-1-7, 10-1-8, 11-8-4, 11-14-1, AND 11-14-3 OF THE IONA CITY CODE; CLARIFYING PUBLIC HEARING REQUIREMENTS AND THE CONDUCT OF HEARINGS BEFORE THE PLANNING AND ZONING COMMISSION; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Keri West City Clerk \\Law\data\WPDATA\DAR\_1 Pending \2708-2021 City of Iona\ORDINANCES \P&Z Publ Hrg ORD v02.docx