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
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